H. R. 4842—17
to facilitate the efforts of the domestic 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 provi-
sion 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:
(A) The suspension of any further reduction provided
for under Annex IV of the Agreement in the duty imposed
on such article.
(B) An increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(ii) 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) In the case of a duty applied on a seasonal basis
to such article, an increase in the rate of duty imposed
on the article to a level that does not exceed the lesser
of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles for the immediately preceding
corresponding season; or
(ii) 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.
(2) PROGRESSIVE LIBERALIZATION.—If the period for which
import relief is provided under this section is greater than
1 year, the President shall provide for the progressive liberaliza-
tion of such relief at regular intervals during the period in
which the relief is in effect.
(d) PERIOD OF RELIEF.—
(1) IN GENERAL.—Subject to paragraph (2), any import relief
that the President provides under this section may not be
in effect for more than 3 years.
(2) EXTENSION.—
(A) IN
GENERAL.—Subject to subparagraph (C), the
President, after receiving an affirmative determination
from the Commission under subparagraph (B), may extend
the effective period of any import relief provided under
this section if the President determines that—
(i) the import relief continues to be necessary to
remedy or prevent serious injury and to facilitate
adjustment by the domestic industry to import competi-
tion; and
(ii) there is evidence that the industry is making
a positive adjustment to import competition.
(B) ACTION BY COMMISSION.—(i) Upon a petition on
behalf of the industry concerned that is filed with the
Commission not earlier than the date which is 9 months,
and not later than the date which is 6 months, before
H. R. 4842—18
the date any action taken under subsection (a) is to termi-
nate, the Commission shall conduct an investigation to
determine whether action under this section continues to
be necessary to remedy or prevent serious injury and to
facilitate adjustment by the domestic industry to import
competition and whether there is evidence that the industry
is making a positive adjustment to import competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subparagraph
in the Federal Register and shall, within a reasonable
time thereafter, hold a public hearing at which the Commis-
sion shall afford interested parties and consumers an oppor-
tunity to be present, to present evidence, and to respond
to the presentations of other parties and consumers, and
otherwise to be heard.
(iii) The Commission shall transmit to the President
a report on its investigation and determination under this
subparagraph not later than 60 days before the action
under subsection (a) is to terminate, unless the President
specifies a different date.
(C) PERIOD OF IMPORT RELIEF.—Any import relief pro-
vided under this section, including any extensions thereof,
may not, in the aggregate, be in effect for more than
5 years.
(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import
relief under this section is terminated with respect to an article,
the rate of duty on that article shall be the rate that would have
been in effect, but for the provision of such relief, on the date
on which the relief terminates.
(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be
provided under this section on any article that—
(1) is subject to an assessment of additional duty under
section 202(b); 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 with respect to a good after
the date that is 5 years after the date on which duty-free treatment
must be provided by the United States to that good pursuant
to Annex IV of the Agreement.
(b) PRESIDENTIAL DETERMINATION.—Import relief may be pro-
vided under this subtitle in the case of a Moroccan article after
the date on which such relief would, but for this subsection, termi-
nate under subsection (a), if the President determines that Morocco
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
H. R. 4842—19
(2) by inserting before the period at the end ‘‘, and title
III of the United States-Morocco 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 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) 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(b), the President shall determine whether, as a
result of the reduction or elimination of a duty under the
Agreement, a Moroccan 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
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
H. R. 4842—20
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.
SEC. 323. PERIOD OF RELIEF.
(a) IN GENERAL.—Subject to subsection (b), the import relief
that the President provides under subsection (b) of section 322
may not, in the aggregate, be in effect for more than 3 years.
(b) EXTENSION.—
(1) IN GENERAL.—Subject to paragraph (2), the President
may extend the effective period of any import relief provided
under this subtitle for a period of not more than 2 years,
if the President determines that—
(A) the import relief continues to be necessary to
remedy or prevent serious damage and to facilitate adjust-
ment by the domestic industry to import competition; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.
(2) LIMITATION.—Any relief provided under this subtitle,
including any extensions thereof, may not, in the aggregate,
be in effect for more than 5 years.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle
with respect to any article if—
(1) the article has been subject to import relief under
this subtitle after the date on which the Agreement enters
into force; or
(2) the article is subject to import relief under chapter
1 of title II of the Trade Act of 1974.
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
When import relief under this subtitle is terminated with
respect to an article, the rate of duty on that article shall be
the rate that would have been in effect, but for the provision
of such relief, on the date on which the relief terminates.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with
respect to any article after the date that is 10 years after the
date on which duties on the article are eliminated pursuant to
the Agreement.
SEC. 327. 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
this subtitle shall be treated as action taken under chapter 1
of title II of such Act.
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which is submitted
in a proceeding under this subtitle and which the President con-
siders to be confidential business information unless the party
submitting the confidential business information had notice, at