Page:United States Statutes at Large Volume 102 Part 2.djvu/222

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1226

Federal Register, publication.

PUBLIC LAW 100-418—AUG. 23, 1988 "(B) may— "(i) subject to subsection (d)(l)(C)(i), request provisional relief under subsection (d)(D; or "(ii) request, or at any time before the 150th day after the date of filing be amended to request, provisional relief under subsection (d)(2). "(3) Whenever a petition is filed under paragraph (1), the Commission shall promptly transmit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned. "(4) A petitioner under paragraph (1) may submit to the Commission and the United States Trade Representative (hereafter in this chapter referred to as the 'Trade Representative'), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import competition. "(5)(A) Before submitting an adjustment plan under paragraph (4), the petitioner and other entities referred to in paragraph (1) that wish to participate may consult with the Trade Representative and the officers and employees of any Federal agency that is considered appropriate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion in the plan in relation to specific actions that may be taken under this chapter. "(B) A request for any consultation under subpars^aph (A) must be made to the Trade Representative. Upon receiving such ^ request, the Trade Representative shall confer with the petitioner and provide such assistance, including publication of appropriate notice in the Federal Register, as may be practicable in obtaining other participants in the consultation. No consultation may occur under subparagraph (A) unless the Trade Representative, or his del^ate, is in attendance. "(6)(A) In the course of any investigation under subsection (b), the (Jonunission shall seek information (on a confidential basis, to the extent appropriate) on actions being taken, or planned* to be taken, or both, by firms and workers in the industry to make a positive adjustment to import competition. "(B) Regardless whether an adjustment plan is submitted under paragraph (4) by the petitioner, if the Commission makes an affirmative determination under subsection (b), any— "(i) firm in the domestic industry; "(ii) certified or recc^nized union or group of workers in the domestic industry; "(iii) State or local community; "(iv) trade association representing the domestic industry; or "(v) any other person or group of persons, may, individually, submit to the (Dommission commitments regarding actions such persons and entities intend to take to facilitate positive adjustment to import competition. "(7) Nothing in paragraphs (5) and (6) may be construed to provide immunity under the antitrust laws. "(b) INVESTIGATIONS AND DETERMINATIONS BY (IIOMMISSIGN.—

"(I)(A) Upon the filing of a petition under subsection (b), the request of the President or the Trade Representative, the resolution of either the Committee on Ways and Means of the House of Representatives or the dlommittee on Finance of the Senate,