but for this subsection, terminate under subsection (a) or 
(b), if the President determines that Australia has con-
sented 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 Presi-
dent 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’’. 
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 Presi-
dent 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 com-
mence 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 de-
termines 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 de-
termine whether, as a result of the reduction or 
elimination of a duty under the Agreement, an Aus-
tralian 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 deter-
mination under paragraph (1), the President— 
(A) shall examine the effect of increased 
imports on the domestic industry, as reflected 
in changes in such relevant economic factors as 
output, productivity, utilization of capacity, in-
ventories, market share, exports, wages, em-
ployment, domestic prices, profits, and invest-
ment, none of which is necessarily decisive; and 
(B) shall not consider changes in tech-
nology or consumer preference as factors sup-
porting 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 pro-
vide relief from imports of the article that is the 
subject of such determination, as described in para-
graph (2), to the extent that the President deter-
mines necessary to remedy or prevent the serious
damage 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 sub-
section with respect to imports of an article is an in-
crease 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 im-
posed under the HTS on like articles at the 
time the import relief is provided; or 
(B) the column 1 general rate of duty im-
posed under the HTS on like articles on the 
day before the date on which the Agreement en-
ters into force. 
(c) CRITICAL CIRCUMSTANCES.— 
(1) PRESIDENTIAL DETERMINATION.—When a 
request filed under section 321(a) contains an alle-
gation of critical circumstances 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 informa-
tion, whether— 
(A) there is clear evidence that— 
(i) imports from Australia have in-
creased as the result of the reduction or