Page:United States Statutes at Large Volume 102 Part 2.djvu/237

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1241

(B) by amending paragraph (2)— (i) by striking out "201" the first place it appears and inserting "202(b)", (iii) by striking out "201(d)(l)" and inserting "202(e)(l)", (iv) by striking out "sections 202 and 203" each place it appears and inserting "section 203", and (v) by striking out "2030^)" in subparagraph (B) and inserting "204(a)"; and (C) by striking out "203(c)(l)" in paragraph (4) and inserting "203(a)". (5) TABLE OF CONTENTS.—The entry for such chapter 1 in the table of contents to the Trade Act of 1974 is amended to read as follows: "CHAPTER 1—POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS

"Sec. "Sec. "Sec. "Sec.

201. Action to facilitate positive adjustment to import competition. 202. Investigations, determinations, and recommendations by Commission. 203. Action by President after determination of import injury. 204. Monitoring, modification, and termination of action.".

(c) EFFECTIVE DATE.—The amendments made by subsections (a) 19 USC 2251 and (b) shall take effect on the date of the enactment of this Act and "°^®shall apply with respect to investigations initiated under chapter 1 of title II of the Trade Act of 1974 on or after that date. Any petition filed under section 201 of such chapter before such date of enactment, and with respect to which the United States International Trade Commission did not make a finding before such date with respect to serious injury or the threat thereof, may be withdrawn and refiled, without prejudice, by the petitioner under section 202(a) of such chapter (as amended by this section).

PART 2—MARKET DISRUPTION 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 11 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 the article with respect to which the afGrmative 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.".