118 STAT. 1120 PUBLIC LAW 108–302—AUG. 17, 2004 the date any action taken under subsection (a) is to termi nate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition and whether there is evidence that the industry is making a positive adjustment to import competition. (ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commis sion shall afford interested parties and consumers an oppor tunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. (iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date. (C) PERIOD OF IMPORT RELIEF.—Any import relief pro vided under this section, including any extensions thereof, may not, in the aggregate, be in effect for more than 5 years. (e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import relief under this section is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates. (f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be provided under this section on any article that— (1) is subject to an assessment of additional duty under section 202(b); or (2) has been subject to import relief under this subtitle after the date on which the Agreement enters into force. SEC. 314. TERMINATION OF RELIEF AUTHORITY. (a) GENERAL RULE.—Subject to subsection (b), no import relief may be provided under this subtitle with respect to a good after the date that is 5 years after the date on which duty free treatment must be provided by the United States to that good pursuant to Annex IV of the Agreement. (b) PRESIDENTIAL DETERMINATION.—Import relief may be pro vided under this subtitle in the case of a Moroccan article after the date on which such relief would, but for this subsection, termi nate under subsection (a), if the President determines that Morocco has consented to such relief. SEC. 315. COMPENSATION AUTHORITY. For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act. SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence— (1) by striking ‘‘and’’; and 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note. Reports. Deadline. Notice. Federal Register, publication. Public information.
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