Page:United States Statutes at Large Volume 108 Part 6.djvu/366

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108 STAT. 4934 PUBLIC LAW 103-465—DEC. 8, 1994 (4) CONFORMING AMENDMENTS.— Section 202(d) of the Trade Act of 1974 (19 U.S.C. 2252(d)) is amended— (A) in paragraph (3)— (i) by striking "(2)(B)" and inserting "(2)(D)"; and (ii) Dy striking "subsection (b)(1)" and inserting " paragraph (2)(A)"; sind (B) in paragraph (4)(A)(i) by inserting "or (2)(D)" after "(1)(G)". (e) FACTORS IN MAKING DETERMINATIONS. —Section 202(c) of the Trade Act of 1974 (19 U.S.C. 2252(c)) is amended— (1) in paragraph (l)(B)(i) by inserting "productivity," after "wages,"; and (2) in paragraph (6)— (A) by amending subparagraph (A) to read as follows: "(A)(i) The term 'domestic industry* means, with respect to an article, the producers as a whole of the like or directiy competitive article or those producers whose collective production of the Uke or directiy competitive article constitutes a major proportion of the total domestic production of such article. "(ii) The term 'domestic industry' includes producers . located in the United States insular possessions."; and (B) by adding at the end the following: "(C) The term 'serious injury' means a significant overall impairment in the position of a domestic industry. "(D) The term 'threat of serious injury* means serious injury that is clearly imminent. (f) LIMITATIONS ON INVESTIGATIONS.—Section 202(h) of the Trade Act of 1974 (19 U.S.C. 2252(h)) is amended by adding at the end the following: Federal "(3)(A) Not later than the date on which the Textiles Agree- ^ublication ment enters into force with respect to the United States, the ^"^^^• Secretary of Commerce shall publish in the Federal Register a Hst of all articles that are suDJect to the Textiles Agreement. An investigation may be conducted under this section concerning imports of any article that is subject to the Textiles Agreement only if the United States has integrated that article into GATT 1994 pursuant to the Textiles Agre^ent, as set forth in notices pubhshed in the Federal Register by the Secretary of Commerce, including the notice published under section 331 of the Uruguay Round Agreements Act. "(B) For piuposes of this paragraph: "(i) The term "Textiles Agreement' means the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act. "(ii) The term 'GATT 1994' has the meaning given that term in section 2(1)(B) of the Uruguay Round Agreements Act". SEC. 302. ACTION BY PRESmENT AFTER DETERMINATION OF IMPORT INJURY. (a) AUTHORITY TO ENTER INTO INTERNATIONAL AGREEMENTS.— Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is amended— (1) in subsection (a)(3)(E) by striking "orderly marketing"; (2) in subsection (d)(1) by striking "orderly marketing agreements" and inserting "agreements described in subsection (a)(3)(E)";