19 U.S.C. § 2251 - Action to facilitate positive adjustment to import competition

• Cite as: 19 U.S.C. § 2251

(a) Presidential 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 purposes of this part, a positive adjustment to import competition occurs when-

(A) the domestic industry-

(i) is able to compete successfully with imports after actions taken under section 2254 of this title terminate, or

(ii) 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 is not of the same size and composition as the industry at the time the investigation was initiated under section 2252(b) of this title.

Cite as 19 U.S.C. § 2251

Source: Pub. L. 93-618, title II, §201, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 96-39, title I, §106(b)(3), July 26, 1979, 93 Stat. 193; Pub. L. 98-573, title II, §249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100-418, title I, §1401(a), Aug. 23, 1988, 102 Stat. 1225.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

EDITORIAL NOTES

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, §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, §249(1)(B)-(D), added subpar. (D).

Subsec. (b)(7). Pub. L. 98-573, §249(2), added par. (7).

1979-Subsec. (b)(6). Pub. L. 96-39 substituted "subtitles 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".