COMMENCING OF ACTION FOR RELIEF.

SEC. 302. COMMENCING OF ACTION FOR RELIEF. (a) Filing of Petition.— (1) In general.— A petition requesting action under this part for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the International Trade Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The International Trade Commission shall transmit a copy of any petition filed under this subsection to the Trade Representative. (2) Provisional relief.— An entity filing a petition under this subsection may request that provisional relief be provided as if the petition had been filed under section 202(a) of the Trade Act of 1974. (3) Critical circumstances.— An allegation that critical circumstances exist must be included in the petition or made 107 STAT. 2101on or before the 90th day after the date on which the investigation is initiated under subsection (b). (b) Investigation and Determination.— Upon the filing of a petition under subsection (a), the International Trade Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Canadian article or a Mexican article, as the case may he, is being imported into the United States in such increased quantities (in absolute terms) and under such conditions so that imports of the article, alone, constitute a substantial cause of— (1) serious injury; or (2) except in the case of a Canadian article, a threat of serious injury; to the domestic industry producing an article that is like, or directly competitive with, the imported article. (c) Applicable Provisions.— The provisions of— (1) paragraphs (1)(B), (3) (except subparagraph (A)), and (4) of subsection (b); (2) subsection (c); and (3) subsection (d), of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b). (d) Articles Exempt From Investigation.— Noinvestigation may be initiated under this section with respect to— (1) any Canadian article or Mexican article if import relief has been provided under this part with respect to that article; or (2) any textile or apparel article set out in Appendix 1.1 of Annex 300–B of the Agreement.