Pub. L. 94-455, tit. XVIII, sec. 1801

UNITED STATES INTERNATIONAL TRADE COMMISSION.

EnactedYear: 1976Length: 733 wordsOfficial source
SEC. 1801. UNITED STATES INTERNATIONAL TRADE COMMISSION. (a) Terms of Office.— The last sentence of section 330(b) of the Tariff Act of 1930 (19 U.S.C. 1330(b)) is amended to read as follows: “The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that— “(1) any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and “(2) any commissioner may continue to serve as a commissioner after an expiration of his term of office until his successor is appointed and qualified.” (b) Voting Procedures.— Section 330(d) of the Tariff Act of 1930 is amended by— (1) redesignating paragraph (2) as paragraph (5); and (2) striking out paragraph (1) and inserting in lieu thereof the following new paragraphs: “(1) in a proceeding in which the Commission is required to determine— “(A) under section 201 of the Trade Act of 1974, whether increased imports of an article are a substantial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection referred to as ‘serious injury’), or “(B) under section 406 of such Act, whether market disruption exists, and the commissioners voting are equally divided with respect to such determination, then the determination agreed upon by 90 STAT. 1763either group of commissioners may be considered by the President as the determination of the Commission. “(2) If under section 201 or 406 of the Trade Act of 1974 there is an affirmative determination of the Commission, or a determination of the Commission which the President may consider an affirmative determination under paragraph (1), that serious injury or market disruption exists, respectively, and a majority of the commissioners voting are unable to agree on a finding or recommendation described in section 201(d)(1) of such Act or the finding described in section 406(a)(3) of such Act, as the case may be (hereafter in this subsection referred to as a ‘remedy finding’), then— “(A) if a plurality of not less than three commissioners so voting agree on a remedy finding, such remedy finding shall, for purposes of sections 202 and 203 of such Act, be treated as the remedy finding of the Commission, or “(B) if two groups, both of which include not less than 3 commissioners, each agree upon a remedy finding and the President reports under section 203(b) of such Act that— “(i) he is taking the action agreed upon by one such group, then the remedy finding agreed upon by the other group shall, for purposes of sections 202 and 203 of such Act, be treated as the remedy finding of the Commission, or “(ii) he is taking action which differs from the action agreed upon by both such groups, or that he will not take any action, then the remedy finding agreed upon by either such group may be considered by the Congress as the remedy finding of the Commission and shall, for purposes of sections 202 and 203 of such Act, be treated as the remedy finding of the Commission. “(3) in any proceeding to which paragraph (1) applies in which the commissioners voting arc equally divided on a determination that serious injury exists, or that market disruption exists, the Commission shall report to the President the determination of each group of commissioners. in any proceeding to which paragraph (2) applies, the Commission shall report to the President the remedy finding of each group of commissioners voting. “(4) in a case to which paragraph (2)(B)(ii) applies, for purposes of section 203(c)(1) of the Trade Act of 1974, notwithstanding section 152(a)(1)(A) of such Act, the second blank space in the concurrent resolution described in such section 152 shall be filled with the appropriate date and the following: ‘The action which shall take effect under section 203(c)(1) of the Trade Act of 1974 is the finding or recommendation agreed upon by Commissioners ————, ————, and ————.’ The three blank spaces shall be filled with the names of the appropriate Commissioners.” (c) Effective Date.— The amendments made by subsection (b) shall apply to determinations, findings, and recommendations made under sections 201 and 406 of the Trade Act of 1974 after the date of the enactment of this Act.
Pub. L. 94-455, tit. XVIII, sec. 1801: UNITED STATES INTERNATIONAL TRADE COMMISSION. | Justis AI