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 
elimination of a customs duty under the 
Agreement; and 
(ii) such imports are causing serious 
damage, or actual threat thereof, to the 
domestic industry producing an article like 
or directly competitive with the imported 
article; and 
(B) delay in taking action under this sub-
title 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 affirmative, the President shall 
determine the extent of provisional relief that is nec-
essary to remedy or prevent the serious damage. The 
nature of the provisional relief available shall be the 
relief described in subsection (b)(2). Within 30 days 
after making affirmative determinations under sub-
paragraphs (A) and (B) of paragraph (1), the Presi-
dent, if the President considers 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 provi-
sional relief is provided under paragraph (2), the 
President shall order the suspension of liquidation of 
all imported articles subject to the affirmative deter-
minations under subparagraphs (A) and (B) of para-
graph (1) that are entered, or withdrawn from ware-
house for consumption, on or after the date of the 
determinations. 
(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 de-
termination under subsection (a) regarding 
serious damage or actual threat thereof by 
imports of such article; 
(ii) action described in subsection (b) 
takes effect with respect to such article;
(iii) a decision by the President not to 
take any action under subsection (b) with 
respect to such article becomes final; or 
(iv) the President determines that, be-
cause of changed circumstances, such relief 
is no longer warranted. 
(B) SUSPENSION
OF
LIQUIDATION.—Any 
suspension of liquidation ordered under para-
graph (3) with respect to an imported article 
shall terminate on the day on which provisional 
relief is terminated under subparagraph (A) 
with respect to the article. 
(C) RATES OF DUTY.—If an increase in, or 
the imposition of, a duty that is provided under 
subsection (b) on an imported article is dif-
ferent from a duty increase or imposition that 
was provided for such an article under this sub-
section, then the entry of any such article for 
which liquidation was suspended under para-
graph (3) shall be liquidated at whichever of 
such rates of duty is lower. 
(D) RATE OF DUTY IF PROVISIONAL RE-
LIEF.—If provisional relief is provided under 
this subsection with respect to an imported arti-
cle and neither a duty increase nor a duty im-