118 STAT. 1122 PUBLIC LAW 108–302—AUG. 17, 2004 imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of— (A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or (B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force. SEC. 323. PERIOD OF RELIEF. (a) IN GENERAL.—Subject to subsection (b), the import relief that the President provides under subsection (b) of section 322 may not, in the aggregate, be in effect for more than 3 years. (b) EXTENSION.— (1) IN GENERAL.—Subject to paragraph (2), the President may extend the effective period of any import relief provided under this subtitle for a period of not more than 2 years, if the President determines that— (A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjust ment by the domestic industry to import competition; and (B) there is evidence that the industry is making a positive adjustment to import competition. (2) LIMITATION.—Any relief provided under this subtitle, including any extensions thereof, may not, in the aggregate, be in effect for more than 5 years. SEC. 324. ARTICLES EXEMPT FROM RELIEF. The President may not provide import relief under this subtitle with respect to any article if— (1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force; or (2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974. SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. When import relief under this subtitle 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. SEC. 326. TERMINATION OF RELIEF AUTHORITY. No import relief may be provided under this subtitle with respect to any article after the date that is 10 years after the date on which duties on the article are eliminated pursuant to the Agreement. SEC. 327. 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 this subtitle shall be treated as action taken under chapter 1 of title II of such Act. SEC. 328. BUSINESS CONFIDENTIAL INFORMATION. The President may not release information which is submitted in a proceeding under this subtitle and which the President con siders to be confidential business information unless the party submitting the confidential business information had notice, at 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note. 19 USC 3805 note.
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