﹛19 USC Sec.2251

-EXPCITE-

﹛TITLE 19 -CUSTOMS DUTIES

﹛CHAPTER 12 -TRADE ACT OF 1974

﹛CUBCHAPTER 2 -RELIEF FROM INJURY CAUSED BY IMPORT

COMPETITION

﹛Part 1-Positive Adjustment by Industries injured by Imports

-HEAD-

﹛Sec.2251.Action to facilitate positive adjustment to import

competition

-STATUTE-

﹛(a) President action

﹛If the United States International Trade Commission (hereinafter

referred to in this part as the "Commission") determines under section

2252(b) of this title that an article is being imported into the United States

in such increased quantities as to be a substantial cause of serious injury,

or the threat thereof, to the domestic industry producing an article like or

directly competitive with the imported article, the President, in

accordance with this part, shall take all appropriate and feasible action

within his power which the President determines will facilitate efforts by

the domestic industry to make a positive adjustment to import

competition and provide greater economic and social benefits than costs.

﹛(b) Positive adjustment to import competition

﹛(1) For purpose of this part, a positive adjustment to import competition occurs when-

﹛(A) the domestic industry-

﹛﹛﹛(a) is able to compete successfully with imports after actions

﹛﹛﹛﹛﹛taken under section 2254 of this title terminate, or

﹛﹛﹛(b) the domestic industry experiences an orderly transfer of

﹛﹛﹛﹛﹛resources to other productive pursuits; and

﹛(B) dislocated workers in the industry experience an orderly

﹛﹛﹛transition to productive pursuits.

﹛(2) The domestic industry may be considered to have made a

﹛﹛﹛positive adjustment to import competition even though the

﹛﹛﹛industry at the time the investigation was initiated under section

﹛﹛﹛2252(b) of this title.

-SOURCE-

(Pub. L. 93-618, title Ⅱ, Sec.201, Jan. 3,1975, 88 Stat . 2011; Pub. L.

96-39, TitleⅠ, Sec. 106 (b)(3), July 26, 1979, 93 Stat.193; Pub. L.

98-573, TitleⅡ,Sec.249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100-418,

titleⅠ, Sec. 1401(a), Aug.23, 1988, 102 Stat.1225)

-MISCI-

﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛AMENDMENTS

﹛

﹛1988-Pub.L. 100-418, in amending section generally, substituted

provisions relating to action to facilitate positive adjustment to import

competition for provisions relating to investigation by International Trade

Commission. See section 2252 of this title.

﹛1984 -Subsec. (b)(2)(b). Pub.L. 98-573, Sec. 249(1)(A), substituted

"inventory (whether maintained by domestic producers, importers,

wholesalers, or retailers), and " for "inventory, and ".

﹛Subsec. (b)(2)(D). Pub. L.98-573, Sec.249(1)(B)-(D), added subpar.

(D).

﹛Subsec.(b)(7). Pub. L. 98-573, Sec249(2), added par. (7).

﹛1979 -Subsec. (b)(6). Pub. L.96-39 substituted "subtitle A and B of title

Ⅶ or section 337 of the Tariff Act of 1930" for "the Antidumping Act,

1921, section 303 or 337 of the Tariff Act of 1930 ".

﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛EFFECTIVE DATE OF 1988 AMENDMENT

Section 1401? of Pub.L.100-418 provided that:" The amendments made

by subsections (a) and (b) (enacting section 2254 of this title and

amending sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of

this title and provisions set out as a note under section 2112 of this title)

shall take effect on the date of the enactment of this Act (Aug.23,1998)

and shall apply with respect to investigations initiated under chapter 1 of

titleⅡof the Trade Act of 1974(this part) on or after that date. Any

petition filed under section201 of such chapter (19 U.S.C.2251)before

such date of enactment, and with respect to which the United States

International Trade Commission did not make a finding before such date

with respect to serious injury or the threat thereof, may be withdrawn and

refiled, without prejudice, by the petition under section 202(a) of such

chapter (19 U.S.C.2252(a)) (as amended by this section)."

﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub.L.98-573 effective on 15th day after Oct.30, 1984,

see section 214(a), (b) of Pub. L. 98-573, set out as a note under section

1304 of this title.

﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛EFFCTIVE DATE OF 1979 AMENDMENT

Amendment by Pub.L.96-39 effective Jan.1,1980, see section 107 of

Pub.L.96-39, set out as an Effective Date note under section 1671 of this

title.

﹛TERM "INDUSTRY " TO INCLUDE PRODUCERS LOCATED

STATES INSULAR POSSESSIONS

﹛Pub.L.98-67, title Ⅱ,Sec.214(f),Aug.5, 1983, 97 Stat.393,provided

that :"For purposes of chapter 1 of title Ⅱof the Trade Act of 1974(this

part), the term "industry" shall include producers located in the United

States insular possessions."

-EXEC-

﹛EX. ORD. NO. 11913. COLLECTION OF INFORMATION FOR

IMPORT RELIEF AND ADJUSTMENT ASSISTANCE

﹛Ex. Ord. No.11913, Apr. 26, 1976,41 F.R.17721, provided:

﹛By virtue of the authority vested in me by the Commission and statues

of the United States of America, including Section 332(g) of the Tariff

Act of 1930, as amended (19 U.S.C.1332(g)), and as president of the

United States of American, in order to reduce the reporting burden with

respect to the collection of information pursuant to Title Ⅱ of the Trade

Act of 1974 (88 Stat. 2011, 19 U.S.C 2251 et seq.) and consistent with

Chapter 35 of Title 44 of the United States Code, it is hereby ordered as

follows:

﹛Section 1. Whenever the United States International Trade

Commission, in connection with investigation pursuant to Section 201 of

the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms

on their sales, production, employment, and financial experience, the

Commission shall provide such information to the Secretaries of

Commerce and Labor.

﹛Sec. 2. The Secretaries of Commerce and Labor shall ensure that the

factual data, received pursuant to Section 1, are used solely for the

performance of their functions pursuant to Section 264 and 224,

respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274).

﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛Gerald R. Ford.

-SECREF-

﹛﹛﹛﹛﹛﹛﹛﹛﹛﹛SECTION REFERRED TO IN OTHER SECTIONS

﹛This section is referred to in sections 1330, 1872, 2252, 2436, 2703,

3203 of this title; title 42 section 2210b.

譯文：

第19篇 關稅

第12章 1974年貿易法

第二分章 對因大量進口引起的損害的救濟

第一部分 因大量進口而遭受損害的產業采取的積极調整

2251節 對大量進口所采取的積极調整的促進措施

（a）總統采取的措施

﹛﹛當國際貿易委員會（以下稱委員會）根据本章2252（b）的規定，裁決某种產品正在大量進口到美國，已成為對那些生產相似產品或者有直接競爭關系的產品的國內產業造成損害或損害之威脅的實質性原因時，總統可依据本規定，在其權限內采取所有合适﹛可行的措施，這些措施能推動國內產業為應對大量進口所作的積极調整的努力，并將產生比生產成本更重要的經濟和社會效益﹛

（b）為應對大量進口所采取的積极調整措施

﹛﹛（1） 有以下情形時，可采取應對大量進口的積极調整措施：

﹛﹛﹛﹛﹛（A） 國內產業

﹛﹛﹛﹛﹛﹛﹛﹛(I) 根据本章2254節的規定所采取的措施實施完畢后，國內產業能成功地与進口產品相競爭，或者

﹛﹛﹛﹛﹛﹛﹛﹛(ii) 國內本產業的資源有序地轉移到其他生產部門；

﹛﹛﹛﹛﹛（B） 本產業的失業工人有序地轉移到其他生產部門﹛

﹛﹛（2） 即使國內產業与根据本章2252（b）的規定調查發動時的產業的規模和构成不同，也可以認為國內產業為應對大量進口已采取了積极的調整措施﹛

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