Pub. L. 100-418, tit. I, subtit. D, pt. 2, sec. 1411

MARKET DISRUPTION.

EnactedYear: 1988Length: 515 wordsOfficial source
SEC. 1411. MARKET DISRUPTION. (a) In General.— Section 406 of the Trade Act of 1974 (19 U.S.C. 2436) is amended as follows— (1) Subsection (b) is amended to read as follows: “(b) With respect to any affirmative determination of the Commission under subsection (a)— “(1) such determination shall be treated as an affirmative determination made under section 201(b) of this Act (as in effect on the day before the date of the enactment of the Omnibus Trade and Competitiveness Act of 1988); and “(2) sections 202 and 203 of this Act (as in effect on the day before the date of the enactment of such Act of 1988), rather than the provisions of chapter 1 of title II of this Act as amended by section 1401 of such Act of 1988, shall apply with respect to the taking of subsequent action, if any, by the President in response to such affirmative determination; except that— “(A) the President may take action under such sections 202 and 203 only with respect to imports from the country or countries involved of tne article with respect to which the affirmative determination was made; and “(B) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.”. 102 STAT. 1242 (2) Subsection (c) is amended by inserting “referred to in subsection (b)” after “sections 202 and 203”. (3) Subsection (e)(2) is amended— (A) by inserting “(A)” after “(2)”; and (B) by inserting at the end thereof the following new subparagraphs: “(B) For purposes of subparagraph (A): “(i) Imports of an article shall be considered to be increasing rapidly if there has been a significant in-crease in such imports (either actual or relative to domestic production) during a recent period of time. “(ii) The term ‘significant cause’ refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause. “(C) The Commission, in determining whether market disruption exists, shall consider, among other factors— “(i) the volume of imports of the merchandise which is the subject of the investigation; “(ii) the effect of imports of the merchandise on prices in the United States for like or directly competitive articles; “(iii) the impact of imports of such merchandise on domestic producers of like or directly competitive articles; and “(iv) evidence of disruptive pricing practices, or other efforts to unfairly manage trade patterns.”. (b) Conforming Amendments Required By Amendment of Chapter 1 of Title II of the Trade Act of 1974.— Such section 406 is further amended— (1) by striking out “201(a)(1)” in subsection (a)(1) and subsection (d) and inserting “202(a)”; and (2) by striking out “subsections (a)(2), (b)(3), and (c) of section 201” in subsection (a)(2) and inserting “subsections (a)(3), (b)(4), and (c)(4) of section 202”. (c) Effective Date.— The amendments made by subsections (a) and (b) apply with respect to investigations initiated under section 406(a) of the Trade Act of 1974 on or after the date of the enactment of this Act.
Pub. L. 100-418, tit. I, subtit. D, pt. 2, sec. 1411: MARKET DISRUPTION. | Justis AI