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.
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) of this section 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.
(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 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.
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.
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.
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.
(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.)
For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes below.
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