Page:United States Statutes at Large Volume 108 Part 6.djvu/364

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108 STAT. 4932 PUBLIC LAW 103-465—DEC. 8, 1994 TITLE III—ADDITIONAL IMPLEMENTATION OF AGREEMENTS Subtitle A—Safeguards Regulations. Federal Register, publication. SEC. 301. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDA- TIONS BY INTERNATIONAL TRADE COMMISSION. (a) TREATMENT OF CONFIDENTIAL INFORMATION.—Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended by adding at the end the following: "The Commission may request that parties providing confidential business information furnish nonconfidential summaries thereof or, if such parties indicate that the information in the submission cannot be summarized, the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiaUty is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosiu*e in generaUzed or summarized form, the Commission may disregard the submission.". (b) ADMINISTRATIVE PROTECTIVE ORDERS.—Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended by adding at the end the following: "(i) LIMITED DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMA- TION UNDER PROTECTIVE ORDER.— The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under this section.". (c) NOTICE OF PROCEEDINGS. —Section 202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)) is amended by striking paragraphs (3) and (4) and inserting the following: "(3) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reeisonable time thereafter, hold public hearings at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, to conmient on the adjustment plan, if any, submitted under subsection (a), to respond to the presentations of other parties and consumers, and otherwise to be heard.". (d) CRITICAL CIRCUMSTANCES. — (1) IN GENERAL. — Section 202(d)(2) of the Trade Act of 1974 (19 U.S.C. 2252(d)(2)) is amended to read as follows: "(2)(A) When a petition filed under subsection (a) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to imports of the article identified in the petition, the Commission shall, not later than 60 days after the petition containing the request was filed, determine, on the basis of available information, whether— "(i) there is clear evidence that increased imports (either actual or relative to domestic production) of the article are a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article hke or directly competitive with the imported article; and