§2371. Petitions and determinations
(a) Filing of petition; receipt of petition; initiation of investigation
A petition for certification of eligibility 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 political subdivision of a State (hereinafter in this part referred to as a "community"), by a group of such communities, or by the Governor of a State on behalf of such communities. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.
(b) Public hearing
If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the Secretary's publication of notice 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.
(c) Certification
The Secretary shall certify a community as eligible for adjustment assistance under this part if he determines-
(1) that a significant number or portion of the workers in the trade impacted area in which such community is located have become totally or partially separated, or are threatened to become totally or partially separated,
(2) that sales or production, or both, of firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) have decreased absolutely, and
(3) that increases of imports of articles like or directly competitive with articles produced by firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) or that the transfer of firms or subdivisions of firms located in such area to foreign countries have contributed importantly to the total or partial separations, or threats thereof, described in paragraph (1) and to the decline in sales or production described in paragraph (2).
For purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause.
(d) Allowable period for determination
As soon as possible after the date on which a petition is filed under this section, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning community, or group of communities, meets the requirements of subsection (c) of this section and shall issue a certification of eligibility for assistance under this part covering any community located in the same trade impacted area in which the petitioner is located which meets such requirements.
(e) Size and boundaries of trade impacted areas; criteria
The Secretary, after consulting the Secretary of Labor, shall establish the size and boundaries of each trade impacted area, considering the criteria in subsection (c) of this section and, to the extent they are relevant, the factors specified as criteria for redevelopment areas under section 3161 of title 42.
(f) Termination of certification of eligibility
If the Secretary determines that a community requires no additional assistance under this part, he shall terminate the certification of eligibility of such community and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.
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Termination of Section
For termination of section by section 285 of
Section Referred to in Other Sections
This section is referred to in sections 2372, 2395 of this title; title 28 sections 1581, 2631, 2636, 2640, 2643.