123STA T . 3 96PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 PARTI I — TRA DE AD JUS T M E N T ASSISTAN C E FO R FIRMS SEC.186 1.E XPAN S IO N T OSE RV ICE SECTOR F IR M S. (a)INGE NE RAL.—Section251 o f t h e Tr a d e A ctof1 974 (19 U .S. C .2 3 41) i s a m ended by insertin g‘ ‘or ser v ice sector firm ’ ’ after ‘‘agric ul tural firm’’ each p lace it appears. (b) D E FI NI T I O NOFSER V I C E SECTOR F IR M .—Section 2 6 1 of the Trade Act of 1974 (19 U.S.C. 2351) is amended— (1) by stri k ing ‘‘chapter , ’’ and inserting ‘‘chapter
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(2) by striking ‘‘the term ‘firm’ ’’ and inserting the follo w ing: ‘‘(1) FIRM.—The term ‘firm’ ’’; and (3) by adding at the end the following: ‘‘(2) SERVICE S ECTOR FIRM.—The term ‘service sector firm’ means a firm engaged in the business of supplying services.’’. (c) CONFORMIN G AMEN D MENTS.— (1) Section 251(c)(1)(C) of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)(C)) is amended— (A) by inserting ‘‘or services’’ after ‘‘articles’’ the first place it appears; and ( B ) by inserting ‘‘or services which are supplied’’ after ‘‘produced’’. (2) Section 251(c)(2)(B)(ii) of such Act is amended to read as follows: ‘‘(ii) Any firm that engages in e x ploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.’’. SEC. 186 2 .MO D IFICATION OF RE QU IREMENTS FOR CERTIFICATION. Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C. 2341(c)(1)(B)) is amended to read as follows: ‘‘(B) that— ‘‘(i) sales or production, or both, of the firm have decreased absolutely, ‘‘(ii) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12 - month period preceding the most recent 12-month period for which date are available have decreased absolutely, ‘‘(iii) sales or production, or both, of the firm during the most recent 12-month period for which data are avail- able have decreased compared to— ‘‘(I) the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or ‘‘(II) the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and ‘‘(iv) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased compared to— ‘‘(I) the average annual sales or production for the article or service during the 24-month period pre- ceding that 12-month period, or
