Page:United States Statutes at Large Volume 102 Part 2.djvu/892

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1896

Records.

PUBLIC LAW 100-449—SEPT. 28, 1988 tion from subsidized Canadian imports with which it directly competes; or (ii) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefitting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force after January 1, 1989; and (B) the industry is likely to experience a deterioration of its competitive position before rules and disciplines relating to the use of government subsidies have been developed with respect to such country; may file a petition with the United States Trade Representative (hereafter referred to in this section as the "Trade Representative") to be identified under this section. (2) Within 90 days of receipt of a petition under paragraph (1), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in paragraph (I)(A) and the deterioration described in paragraph (I)(B). (3) At the request of an entity that is representative of an industry identified under paragraph (2), the Trade Representative shall— (A) compile and make available to the industry information under section 305 of the Trade Act of 1974, (B) recommend to the President that an investigation by the United States International Trade Commission be requested under section 332 of the Tariff Act of 1930, or (C) take actions described in both subparagraphs (A) and(B). The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under subparagraph (A) or (B), or both, as the case may be, until an agreement on adequate rules and disciplines relating to government subsidies is reached. (4)(A) The Trade Representative and the Secretary of Commerce shall review information obtained under paragraph (3) and consult with the industry identified under paragraph (2) with a view to deciding whether any action is appropriate under section 301 of the Trade Act of 1974, including the initiation of an invest^ation under section 302(c) of that Act (in the case of the Trade Representative), or under subtitle A of title VII of the Tariff Act of 1930, including the initiation of an investigation under section 702(a) of that Act (in the case of the Secretary of Commerce). (B) In determining whether to initiate any investigation under section 301 of the Trade Act of 1974 or any other trade law, other than title VII of the Tariff Act of 1930, the Trade Representative, after consultation with the Secretary of Commerce— (i) shall seek the advice of the advisory committees established under section 135 of the Trade Act of 1974; (ii) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives;