19 U.S.C. § 4063: Provision of relief

Not later than the date that is 30 days after the date on which the President receives the report of the Commission in which the Commission’s determination under section 4062(a) of this title is affirmative, or which contains a determination under section 4062(a) of this title that the President considers to be affirmative under paragraph (1) of section 1330(d) of this title , the President, subject to subsection (b), shall provide relief from imports of the article that is the subject of such determination to the extent that the President determines necessary to remedy or prevent the injury found by the Commission and to facilitate the efforts of the domestic industry to make a positive adjustment to import competition. The President is not required to provide import relief under this section if the President determines that the provision of the import relief will not provide greater economic and social benefits than costs. The suspension of any further reduction provided for under Annex 3.3 of the Agreement in the duty imposed on such article. the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force. If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2.3 of the Agreement) of such relief at regular intervals during the period of its application. Subject to paragraph (2), any import relief that the President is authorized to provide under this section may not, in the aggregate, be in effect for more than 4 years. the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and there is evidence that the industry is making a positive adjustment to import competition. Upon a petition on behalf of the industry concerned that is filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition. The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date. the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 3.3 of the Agreement would have been in effect 1 year after the provision of relief under subsection (a); and the applicable rate of duty for that article set out in the Schedule of the United States to Annex 3.3 of the Agreement; or the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the Schedule of the United States to Annex 3.3 of the Agreement for the elimination of the tariff. any article subject to import relief under chapter 1 of title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq.); or imports of a CAFTA–DR article of a CAFTA–DR country that is a de minimis supplying country with respect to that article.