§ 2341.
Reversion to Provisions in Effect on
Petitions and determinations
(a)
Filing of petition; receipt of petition; initiation of investigation
A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary of Commerce (hereinafter in this part referred to as the “Secretary”) by a firm (including any agricultural firm or service sector firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.
(b)
Public hearing
If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.
(c)
Certification
(1)
The Secretary shall certify a firm (including any agricultural firm or service sector firm) as eligible to apply for adjustment assistance under this part if the Secretary determines—
(A)
that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated,
(B)
that—
(i)
sales or production, or both, of the firm have decreased absolutely,
(ii)
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12-month period preceding the most recent 12-month period for which date 1
1 So in original. Probably should be “data”.
are available have decreased absolutely,
(iii)
sales or production, or both, of the firm during the most recent 12-month period for which data are available have decreased compared to—
(I)
the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or
(II)
the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and
(iv)
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased compared to—
(I)
the average annual sales or production for the article or service during the 24-month period preceding that 12-month period, or
(II)
the average annual sales or production for the article or service during the 36-month period preceding that 12-month period, and
(C)
increases of imports of articles or services like or directly competitive with articles which are produced or services which are supplied by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.
(2)
For purposes of paragraph (1)(C)—
(A)
The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(B)
(i)
Any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.
(ii)
Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.
(d)
Allowable period for determination
A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 40 days after that date.
(e)
Basis for Secretary’s determinations
For purposes of subsection (c)(1)(C), the Secretary may determine that there are increased imports of like or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the sales or production of the firm certify to the Secretary that such customers have increased their imports of such articles or services from a foreign country, either absolutely or relative to their acquisition of such articles or services from suppliers located in the United States.
(f)
Notification to firms of availability of benefits
Upon receiving notice from the Secretary of Labor under section 2275 of this title of the identity of a firm that is covered by a certification issued under section 2273 of this title, the Secretary of Commerce shall notify the firm of the availability of adjustment assistance under this part.
Source
(Pub. L. 93–618, title II, § 251,Jan. 3, 1975
, 88 Stat. 2030; Pub. L. 99–272, title XIII, § 13002(b), Apr. 7, 1986
, 100 Stat. 300; Pub. L. 100–418, title I, § 1421(a)(2), (b)(2), Aug. 23, 1988
, 102 Stat. 1243, 1244; Pub. L. 111–5, div. B, title I, §§ 1861(a), (c), 1862, 1863, 1867(a), Feb. 17, 2009
, 123 Stat. 396, 397, 400; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011
, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015
, 129 Stat. 374.)Notes
Reversion to Provisions in Effect on January 1, 2014
For reversion, beginning on
July 1, 2021
, to provisions in effect on Jan. 1, 2014
, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see Codification and Effective and Termination Dates of 2015 Revival notes below.Codification
Section 233 of Pub. L. 112–40, which provided for the
Jan. 1, 2014
, revival of this section as in effect on Feb. 13, 2011
, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015
, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013
, were temporarily revived, effective June 29, 2015
, until July 1, 2021
, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.Section 1893 of Pub. L. 111–5, which provided for
Feb. 13, 2011
, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011
, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011
, were temporarily revived, effective Oct. 21, 2011
, until Jan. 1, 2014
, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.Amendments
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on
Dec. 31, 2013
. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on
Feb. 12, 2011
. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.2009—Subsec. (a). Pub. L. 111–5, §§ 1861(a), 1867(a)(1), 1893, temporarily inserted “or service sector firm” after “agricultural firm” and substituted “the Secretary has” for “he has”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c)(1). Pub. L. 111–5, §§ 1861(a), 1893, temporarily inserted “or service sector firm” after “agricultural firm” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c)(1)(B). Pub. L. 111–5, §§ 1862, 1893, temporarily amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “that—
“(i) sales or production, or both, of such firm have decreased absolutely, or
“(ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and”.
See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c)(1)(C). Pub. L. 111–5, §§ 1861(c)(1), 1893, temporarily inserted “or services” after “imports of articles” and “or services which are supplied” after “produced”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c)(2)(B)(ii). Pub. L. 111–5, §§ 1861(c)(2), 1893, temporarily amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (d). Pub. L. 111–5, §§ 1867(a)(2), 1893, temporarily substituted “40 days” for “60 days”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsecs. (e), (f). Pub. L. 111–5, §§ 1863, 1893, temporarily added subsecs. (e) and (f). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
1988—Subsec. (c). Pub. L. 100–418, § 1421(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this part if he determines—
“(1) that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated.
“(2) that—
“(A) sales or production, or both, of the firm have decreased absolutely, or
“(B) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and
“(3) that increases of imports of articles like or directly competitive with articles produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.
For purposes of paragraph (3), the term ‘contributed importantly’ means a cause which is important but not necessarily more important than any other cause.”
Subsec. (c)(1)(C). Pub. L. 100–418, § 1421(b)(2), directed the general amendment of subpar. (C) adding provisions relating to provision of essential goods or services by such firm, which amendment did not become effective pursuant to section 1430(d) of Pub. L. 100–418, as amended, set out as an Effective Date note under section 2397 of this title.
1986—Subsecs. (a), (c). Pub. L. 99–272, § 13002(b)(1), inserted “(including any agricultural firm)” after “firm”.
Subsec. (c)(2). Pub. L. 99–272, § 13002(b)(2), amended par. (2) generally, designating existing provisions as subpar. (A), substituting “of the firm have decreased absolutely, or” for “of such firm have decreased absolutely, and”, and adding subpar. (B).
Effective and Termination Dates of 2015 Revival
For revival and applicability, beginning on
June 29, 2015
, of the provisions of this section as in effect on Dec. 31, 2013
, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.For reversion, beginning on
July 1, 2021
, to the provisions of this section as in effect on Jan. 1, 2014
, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.Effective and Termination Dates of 2011 Revival
For revival and applicability, beginning on
Oct. 21, 2011
, of the provisions of this section as in effect on Feb. 12, 2011
, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on
Jan. 1, 2014
, of the provisions of this section to those in effect on Feb. 13, 2011
, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015
, 129 Stat. 374, effective June 29, 2015
. See Codification note above.Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on
Feb. 17, 2009
, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after
Feb. 13, 2011
, and that this section be applied and administered beginning Feb. 13, 2011
, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011
, 125 Stat. 403, effective Oct. 21, 2011
. See Codification note above.Termination Date
Except as otherwise provided, assistance may not be provided under this section after
June 30, 2021
, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.