Page:United States Statutes at Large Volume 88 Part 2.djvu/735

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[88 STAT. 2051]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2051]

88 STAT. ]

PUBLIC LAW 93-618-JAN. 3, 1975

2051

directing the assessment and collection of duties in the amount of such bounty or grant as is from time to time ascertained and determined, or estimated, under subsection (a). "(c)

APPLICATION or AFFIRMATIVE DETERMINATION.—An affirma-

tive final determination by the Secretary under subsection (a) with respect to any imported article or merchandise shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of such determination. I n the case of any imported article or merchandise which is free of duty, so long as a finding of injury is required by the international obligations of the United States, the preceding sentence shall apply only if the Commission makes an affirmative determination of injury under subsection (b)(1). "(d)

TEMPORARY PROVISION W H I L E NEGOTIATIONS ARE IN PROC-

ESS.—(1) It is the sense of the Congress that the President, to the extent practicable and consistent with United States interests, seek through negotiations the establishment of internationaly agreed rules and procedures governing the use of subsidies (and other export incentives) and the application of countervailing duties. "(2) If, after seeking information and advice from such agencies as he may deem appropriate, the Secretary of the Treasury determines, at any time during the four-year period beginning on the date of the enactment of the Trade Act of 1974, that— ^"^^' p- i^ys. " (A) adequate steps have been taken to reduce substantially or eliminate during such period the adverse elffect of a bounty or grant which he has determined is being paid or bestowed with respect to any article or merchandise; " (B) there is a reasonable prospect that, under section 102 of the Trade Act of 1974, successful trade agreements will be entered ^"^> P- 1^82 „ into with foreign countries or instrumentalities providing for the reduction or elimination of barriers to or other distortions of international trade; and " (C) the imposition of the additional duty under this section with respect to such article or merchandise would be likely to seriously jeopardize the satisfactory completion of such negotiations; the imposition of the additional duty under this section with respect to such article or merchandise shall not be required during the remainder of such four-year period. This paragraph shall not apply Non-rubber footwith respect to any case involving non-rubber footwear pending on '^^^'^" the date of the enactment of the Trade Act of 1974 until and unless agreements which temporize imports of non-rubber footwear become effective. "(3) The determination of the Secretary under paragraph (2) may be revoked by him, in his discretion, at any time, and any determination made under such paragraph shall be revoked whenever the basis supporting such determination no longer exists. The additional duty provided under this section shall apply with respect to any affected articles or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of any revocation under this subsection in the Federal Register. "(e) REPORTS TO CONGRESS.— (1) Whenever the Secretary makes a determination under subsection (d)(2) with respect to any article or merchandise, he shall promptly transmit to the House of Representatives and the Senate a document setting forth the determination, together with his reasons therefor. " (2) If, at any time after the document referred to in paragraph (1) is delivered to the House of Representatives and the Senate, either