H. R. 4759—27 
may not, in the aggregate, be in effect for more than 
4 years. 
(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import 
relief under this section is terminated with respect to an article— 
(1) the rate of duty on that article after such termination 
and on or before December 31 of the year in which such termi-
nation occurs shall be the rate that, according to the Schedule 
of the United States to Annex 2–B of the Agreement for the 
staged elimination of the tariff, would have been in effect 
1 year after the provision of relief under subsection (a); and 
(2) the rate of duty for that article after December 31 
of the year in which termination occurs shall be, at the discre-
tion of the President, either— 
(A) the applicable NTR (MFN) rate of duty for that 
article set out in the Schedule of the United States to 
Annex 2–B of the Agreement; or 
(B) the rate of duty resulting from the elimination 
of the tariff in equal annual stages ending on the date 
set out in the Schedule of the United States to Annex 
2–B of the Agreement for the elimination of the tariff. 
(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be 
provided under this section on any article that— 
(1) is subject to— 
(A) import relief under subtitle B; or 
(B) an assessment of additional duty under subsection 
(b), (c), or (d) of section 202; 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 after the date that is 10 
years after the date on which the Agreement enters into force. 
(b) EXCEPTION.—If an article for which relief is provided under 
this subtitle is an article for which the period for tariff elimination, 
set out in the Schedule of the United States to Annex 2–B of 
the Agreement, is greater than 10 years, no relief under this subtitle 
may be provided for that article after the date on which such 
period ends. 
(c) PRESIDENTIAL DETERMINATION.—Import relief may be pro-
vided under this subtitle in the case of an Australian article after 
the date on which such relief would, but for this subsection, termi-
nate under subsection (a) or (b), if the President determines that 
Australia 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 
(2) by inserting before the period at the end ‘‘, and title 
III of the United States-Australia Free Trade Agreement 
Implementation Act’’.
H. R. 4759—28 
Subtitle B—Textile and Apparel Safeguard 
Measures 
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 
(a) IN GENERAL.—A request under this subtitle for the purpose 
of adjusting to the obligations of the United States under the 
Agreement may be filed with the President by an interested party. 
Upon the filing of a request, the President shall review the request 
to determine, from information presented in the request, whether 
to commence consideration of the request. 
(b) ALLEGATION OF CRITICAL CIRCUMSTANCES.—An interested 
party filing a request under this section may— 
(1) allege that critical circumstances exist such that delay 
in the provision of relief would cause damage that would be 
difficult to repair; and 
(2) based on such allegation, request that relief be provided 
on a provisional basis. 
(c) PUBLICATION OF REQUEST.—If the President determines that 
the request under subsection (a) provides the information necessary 
for the request to be considered, the President shall cause to be 
published in the Federal Register a notice of commencement of 
consideration of the request, and notice seeking public comments 
regarding the request. The notice shall include a summary of the 
request and the dates by which comments and rebuttals must 
be received. 
SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.— 
(1) IN GENERAL.—If a positive determination is made under 
section 321(c), the President shall determine whether, as a 
result of the reduction or elimination of a duty under the 
Agreement, an Australian textile or apparel article is being 
imported into the United States in such increased quantities, 
in absolute terms or relative to the domestic market for that 
article, and under such conditions as to cause serious damage, 
or actual threat thereof, to a domestic industry producing an 
article that is like, or directly competitive with, the imported 
article. 
(2) SERIOUS DAMAGE.—In making a determination under 
paragraph (1), the President— 
(A) shall examine the effect of increased imports on 
the domestic industry, as reflected in changes in such rel-
evant economic factors as output, productivity, utilization 
of capacity, inventories, market share, exports, wages, 
employment, domestic prices, profits, and investment, none 
of which is necessarily decisive; and 
(B) shall not consider changes in technology or con-
sumer preference as factors supporting a determination 
of serious damage or actual threat thereof. 
(b) PROVISION OF RELIEF.— 
(1) IN GENERAL.—If a determination under subsection (a) 
is affirmative, the President may provide relief from imports 
of the article that is the subject of such determination, as 
described in paragraph (2), to the extent that the President 
determines necessary to remedy or prevent the serious damage
H. R. 4759—29 
and to facilitate adjustment by the domestic industry to import 
competition. 
(2) NATURE OF RELIEF.—The relief that the President is 
authorized to provide under this subsection with respect to 
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. 
(c) CRITICAL CIRCUMSTANCES.— 
(1) PRESIDENTIAL DETERMINATION.—When a request filed 
under section 321(a) contains an allegation of critical cir-
cumstances and a request for provisional relief under section 
321(b), the President shall, not later than 60 days after the 
request is filed, determine, on the basis of available information, 
whether— 
(A) there is clear evidence that— 
(i) imports from Australia have increased as the 
result of the reduction or elimination of a customs 
duty under the Agreement; and 
(ii) such imports are causing serious damage, or 
actual threat thereof, to the domestic industry pro-
ducing an article like or directly competitive with the 
imported article; and 
(B) delay in taking action under this subtitle would 
cause damage to that industry that would be difficult to 
repair. 
(2) EXTENT OF PROVISIONAL RELIEF.—If the determinations 
under subparagraphs (A) and (B) of paragraph (1) are affirma-
tive, the President shall determine the extent of provisional 
relief that is necessary to remedy or prevent the serious dam-
age. The nature of the provisional relief available shall be 
the relief described in subsection (b)(2). Within 30 days after 
making affirmative determinations under subparagraphs (A) 
and (B) of paragraph (1), the President, if the President con-
siders provisional relief to be warranted, shall provide, for 
a period not to exceed 200 days, such provisional relief that 
the President considers necessary to remedy or prevent the 
serious damage. 
(3) SUSPENSION OF LIQUIDATION.—If provisional relief is 
provided under paragraph (2), the President shall order the 
suspension of liquidation of all imported articles subject to 
the affirmative determinations under subparagraphs (A) and 
(B) of paragraph (1) that are entered, or withdrawn from ware-
house for consumption, on or after the date of the determina-
tions. 
(4) TERMINATION OF PROVISIONAL RELIEF.— 
(A) IN GENERAL.—Any provisional relief implemented 
under this subsection with respect to an imported article 
shall terminate on the day on which— 
(i) the President makes a negative determination 
under subsection (a) regarding serious damage or 
actual threat thereof by imports of such article;