19 U.S.C. § 4552 — Presidential action regarding USMCA 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.] about imports from a USMCA country, the President must determine whether—

(1) imports from that country, considered individually, account for a substantial share of total imports; or

(2) imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat of it, found by the International Trade Commission.

(b) Exclusion of USMCA 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 must exclude from that action imports from a USMCA country if the President makes a negative determination under subsection (a)(1) or

(2) about imports from that country.

(c) Action after exclusion of USMCA country imports

(1) In general If the President, under subsection (b), excludes imports from a USMCA 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 that action is being taken may request the International Trade Commission to conduct an investigation of the surge in those imports.

(2) Investigation Upon receiving a request under paragraph (1)(B), the International Trade Commission must conduct an investigation to determine whether a surge in those imports undermines the effectiveness of the action. The International Trade Commission must 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 must 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.