“(a) Determination.—“(1) In general.—If a positive determination is made under section 321(c), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, an Australian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.
“(2) Serious damage.—In making a determination under paragraph (1), the President—“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(b) Provision of Relief.—“(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry to import competition.
“(2) Nature of relief.—The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2005].
“(c) Critical Circumstances.—“(1) Presidential determination.—When a request filed under section 321(a) contains an allegation of critical circumstances and a request for provisional relief under section 321(b), the President shall, not later than 60 days after the request is filed, determine, on the basis of available information, whether—“(A) there is clear evidence that—“(i) imports from Australia have increased as the result of the reduction or elimination of a customs duty under the Agreement; and
“(ii) such imports are causing serious damage, or actual threat thereof, to the domestic industry producing an article like or directly competitive with the imported article; and
“(B) delay in taking action under this subtitle would cause damage to that industry that would be difficult to repair.
“(2) Extent of provisional relief.—If the determinations under subparagraphs (A) and (B) of paragraph (1) are affirmative, the President shall determine the extent of provisional relief that is necessary to remedy or prevent the serious damage. The nature of the provisional relief available shall be the relief described in subsection (b)(2). Within 30 days after making affirmative determinations under subparagraphs (A) and (B) of paragraph (1), the President, if the President considers provisional relief to be warranted, shall provide, for a period not to exceed 200 days, such provisional relief that the President considers necessary to remedy or prevent the serious damage.
“(3) Suspension of liquidation.—If provisional relief is provided under paragraph (2), the President shall order the suspension of liquidation of all imported articles subject to the affirmative determinations under subparagraphs (A) and (B) of paragraph (1) that are entered, or withdrawn from warehouse for consumption, on or after the date of the determinations.
“(4) Termination of provisional relief.—“(A) In general.—Any provisional relief implemented under this subsection with respect to an imported article shall terminate on the day on which—“(i) the President makes a negative determination under subsection (a) regarding serious damage or actual threat thereof by imports of such article;
“(ii) action described in subsection (b) takes effect with respect to such article;
“(iii) a decision by the President not to take any action under subsection (b) with respect to such article becomes final; or
“(iv) the President determines that, because of changed circumstances, such relief is no longer warranted.
“(B) Suspension of liquidation.—Any suspension of liquidation ordered under paragraph (3) with respect to an imported article shall terminate on the day on which provisional relief is terminated under subparagraph (A) with respect to the article.
“(C) Rates of duty.—If an increase in, or the imposition of, a duty that is provided under subsection (b) on an imported article is different from a duty increase or imposition that was provided for such an article under this subsection, then the entry of any such article for which liquidation was suspended under paragraph (3) shall be liquidated at whichever of such rates of duty is lower.
“(D) Rate of duty if provisional relief.—If provisional relief is provided under this subsection with respect to an imported article and neither a duty increase nor a duty imposition is provided under subsection (b) for such article, the entry of any such article for which liquidation was suspended under paragraph (3) shall be liquidated at the rate of duty that applied before the provisional relief was provided.