19 U.S.C. § 1339

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1339 - Trade Remedy Assistance Office

(a) Establishment; public information

There is established in the Commission a separate office to be known as the Trade Remedy Assistance Office which shall provide full information to the public upon request and shall, to the extent feasible, provide assistance and advice to interested parties concerning-

(1) remedies and benefits available under the trade laws, and

(2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits.

(b) Procedural assistance by Office and other agencies

The Trade Remedy Assistance Office, in coordination with each agency responsible for administering a trade law, shall provide technical and legal assistance and advice to eligible small businesses to enable them-

(1) to prepare and file petitions and applications (other than those which, in the opinion of the Office, are frivolous); and

(2) to seek to obtain the remedies and benefits available under the trade laws, including any administrative review or administrative appeal thereunder.

(c) Definitions

For purposes of this section-

(1) The term "eligible small business" means any business concern which, in the agency's judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and applications for remedies and benefits under trade laws. In determining whether a business concern is an "eligible small business", the agency may consult with the Small Business Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that business concern. An agency decision regarding whether a business concern is an eligible small business for purposes of this section is not reviewable by any other agency or by any court.

(2) The term "trade laws" means-

(A) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq., relating to injury caused by import competition);

(B) chapters 2 and 3 of such title II [19 U.S.C. 2271 et seq., 2341 et seq.] (relating to adjustment assistance for workers and firms);

(C) chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq., relating to relief from foreign import restrictions and export subsidies);

(D) subtitle IV of this chapter (relating to the imposition of countervailing duties and antidumping duties);

(E) section 1862 of this title (relating to the safeguarding of national security); and

(F) section 1337 of this title (relating to unfair practices in import trade).

19 U.S.C. § 1339

June 17, 1930, ch. 497, title III, §339, as added Pub. L. 98-573, title II, §221 [(a)], Oct. 30, 1984, 98 Stat. 2989; Pub. L. 99-514, title XVIII, §1888(3), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100-418, title I, §1614, Aug. 23, 1988, 102 Stat. 1263.

EDITORIAL NOTES

REFERENCES IN TEXTThe Trade Act of 1974, referred to in subsec. (c)(2)(A) to (C), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978. Chapters 1, 2, and 3 of title II of the Trade Act of 1974 are classified generally to parts 1 (§2251 et seq.), 2 (§2271 et seq.), and 3 (§2341 et seq.) of subchapter II of chapter 12 of this title, respectively. Chapter 1 of title III of the Trade Act of 1974 is classified generally to subchapter III (§2411 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.

PRIOR PROVISIONSA prior section 339 of act June 17, 1930, related to effect of repeal and reenactment of laws relating to Tariff Commission upon status of appropriations, employees, and privileges, prior to repeal by Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 648.

AMENDMENTS1988-Subsec. (a). Pub. L. 100-418, §1614(1), substituted "a separate office to be known as the Trade" for "a Trade", and "upon request and shall, to the extent feasible, provide assistance and advice to interested parties" for ", upon request," in introductory provisions.Subsec. (b). Pub. L. 100-418, §1614(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Each agency responsible for administering a trade law shall provide technical assistance to eligible small businesses to enable them to prepare and file petitions and applications (other than those which, in the opinion of the agency, are frivolous) to obtain the remedies and benefits that may be available under that law."1986-Subsec. (c)(2)(A). Pub. L. 99-514 substituted "injury" for "relief".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATEPub. L. 98-573, title II, §221(b), Oct. 30, 1984, 98 Stat. 2990, provided that: "Section 339 of the Tariff Act of 1930 [this section] (as added by subsection (a)) shall take effect on the 90th day after the date of the enactment of this Act [Oct. 30, 1984]."

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101-1147 and 1171-1177] or title XVIII [§§1801-1899A] of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514 as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.