U.S. Code > Title 19 Customs Duties > CHAPTER 21—NORTH AMERICAN FREE TRADE (§§ 3301—3473) > SUBCHAPTER III—APPLICATION OF AGREEMENT TO SECTORS AND SERVICES (§§ 3351—3421) > Part A—Safeguards (§§ 3351—3382) > subpart 2—relief from imports from all countries (§§ 3371—3372) > § 3372. Presidential action regarding NAFTA imports

§ 3372. Presidential action regarding NAFTA imports

(a) In general
In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] with respect to imports from a NAFTA country, the President shall determine whether—
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a NAFTA country, considered individually, or in exceptional circumstances imports from NAFTA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
(b) Exclusion of NAFTA imports
In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall exclude from such action imports from a NAFTA country if the President makes a negative determination under subsection (a)(1) or (2) of this section with respect to imports from such country.
(c) Action after exclusion of NAFTA country imports
(1) In general
If the President, under subsection (b) of this section, excludes imports from a NAFTA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
(A) the President may take appropriate action under such chapter 1 to include those imports in the action; and
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2) Investigation
Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
(3) “Surge” defined
For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period.
(d) Condition applicable to quantitative restrictions
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.