Page:United States Statutes at Large Volume 118.djvu/1147
118 STAT. 1117 PUBLIC LAW 108–302—AUG. 17, 2004 (A) is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and (B) is a Moroccan article. (3) COMMISSION.—The term ‘‘Commission’’ means the United States International Trade Commission. Subtitle A—Relief From Imports Benefiting From the Agreement SEC. 311. COMMENCING OF ACTION FOR RELIEF. (a) FILING OF PETITION.— (1) IN GENERAL.—A petition requesting action under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is rep resentative of an industry. The Commission shall transmit a copy of any petition filed under this subsection to the United States Trade Representative. (2) PROVISIONAL RELIEF.—An entity filing a petition under this subsection may request that provisional relief be provided as if the petition had been filed under section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a)). (3) CRITICAL CIRCUMSTANCES.—Any allegation that critical circumstances exist shall be included in the petition. (b) INVESTIGATION AND DETERMINATION.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Moroccan article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Moroccan article constitute a substan tial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article. (c) APPLICABLE PROVISIONS.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b): (1) Paragraphs (1)(B) and (3) of subsection (b). (2) Subsection (c). (3) Subsection (d). (4) Subsection (i). (d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation may be initiated under this section with respect to any Moroccan article if, after the date on which the Agreement enters into force, import relief has been provided with respect to that Moroccan article under this subtitle. SEC. 312. COMMISSION ACTION ON PETITION. (a) DETERMINATION.—Not later than 120 days (180 days if critical circumstances have been alleged) after the date on which an investigation is initiated under section 311(b) with respect to a petition, the Commission shall make the determination required under that section. 19 USC 3805 note. Deadline. 19 USC 3805 note.