Agreement may be filed with the Commission by an
entity, including a trade association, firm, certified
or recognized union, or group of workers, that is
representative of an industry. The Commission shall
transmit a copy of any petition filed under this sub-
section to the United States Trade Representative.
(2) PROVISIONAL RELIEF.—An entity filing a
petition under this subsection may request that pro-
visional relief be provided as if the petition had been
filed under section 202(a) of the Trade Act of 1974
(19 U.S.C. 2252(a)).
(3) CRITICAL CIRCUMSTANCES.—Any allegation
that critical circumstances exist shall be included in
the petition.
(b) INVESTIGATION
AND DETERMINATION.—Upon
the filing of a petition under subsection (a), the Commis-
sion, unless subsection (d) applies, shall promptly initiate
an investigation to determine whether, as a result of the
reduction or elimination of a duty provided for under the
Agreement, an Australian article is being imported into
the United States in such increased quantities, in absolute
terms or relative to domestic production, and under such
conditions that imports of the Australian article constitute
a substantial cause of serious injury or threat thereof to
the domestic industry producing an article that is like, or
directly competitive with, the imported article.
(c) APPLICABLE PROVISIONS.—The following provi-
sions of section 202 of the Trade Act of 1974 (19 U.S.C.
2252) apply with respect to any investigation initiated
under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection
(b).
(2) Subsection (c).
(3) Subsection (d).
(4) Subsection (i).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No
investigation may be initiated under this section with re-
spect to any Australian article if, after the date on which
the Agreement enters into force, import relief has been
provided with respect to that Australian article under this
subtitle.
SEC. 312. COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—Not later than 120 days (180
days if critical circumstances have been alleged) after the
date on which an investigation is initiated under section
311(b) with respect to a petition, the Commission shall
make the determination required under that section.
(b) APPLICABLE PROVISIONS.—For purposes of this
subtitle, the provisions of paragraphs (1), (2), and (3) of
section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d) (1), (2), and (3)) shall be applied with respect
to determinations and findings made under this section
as if such determinations and findings were made under
section 202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) ADDITIONAL FINDING AND RECOMMENDATION IF
DETERMINATION AFFIRMATIVE.—If the determination
made by the Commission under subsection (a) with respect
to imports of an article is affirmative, or if the President
may consider a determination of the Commission to be an
affirmative determination as provided for under paragraph
(1) of section 330(d) of the Tariff Act of 1930) (19 U.S.C.
1330(d)), the Commission shall find, and recommend to
the President in the report required under subsection (d),
the amount of import relief that is necessary to remedy
or prevent the injury found by the Commission in the de-
termination and to facilitate the efforts of the domestic
industry to make a positive adjustment to import competi-
tion. The import relief recommended by the Commission
under this subsection shall be limited to that described in
section 313(c). Only those members of the Commission
who voted in the affirmative under subsection (a) are eligi-
ble to vote on the proposed action to remedy or prevent
the injury found by the Commission. Members of the Com-
mission who did not vote in the affirmative may submit,
in the report required under subsection (d), separate views
regarding what action, if any, should be taken to remedy
or prevent the injury.
(d) REPORT TO PRESIDENT.—Not later than the
date that is 30 days after the date on which a determina-
tion is made under subsection (a) with respect to an inves-
tigation, the Commission shall submit to the President a
report that includes—
(1) the determination made under subsection
(a) and an explanation of the basis for the deter-
mination;
(2) if the determination under subsection (a) is
affirmative, any findings and recommendations for
import relief made under subsection (c) and an ex-
planation of the basis for each recommendation; and
(3) any dissenting or separate views by mem-
bers of the Commission regarding the determination
and recommendation referred to in paragraphs (1)
and (2).
(e) PUBLIC NOTICE.—Upon submitting a report to
the President under subsection (d), the Commission shall
promptly make public such report (with the exception of
information which the Commission determines to be con-
fidential) and shall cause a summary thereof to be pub-
lished in the Federal Register.
SEC. 313. PROVISION OF RELIEF.
(a) IN GENERAL.—Not later than the date that is
30 days after the date on which the President receives the
report of the Commission in which the Commission’s de-
termination under section 312(a) is affirmative, or which
contains a determination under section 312(a) that the
President considers to be affirmative under paragraph (1)
of section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d)(1)), the President, subject to subsection (b), shall
provide relief from imports of the article that is the subject
of such determination to the extent that the President de-
termines necessary to remedy or prevent the injury found
by the Commission and to facilitate the efforts of the do-
mestic industry to make a positive adjustment to import
competition.
(b) EXCEPTION.—The President is not required to
provide import relief under this section if the President
determines that the provision of the import relief will not
provide greater economic and social benefits than costs.
(c) NATURE OF RELIEF.—
(1) IN GENERAL.—The import relief (including
provisional relief) that the President is authorized to
provide under this section with respect to imports of
an article is as follows: