---
kind: "section"
citation: "19 U.S.C. § 2436"
title: "19"
title_heading: "Customs Duties"
number: "2436"
heading: "Market disruption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2436"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter IV — Trade Relations with Countries Not Receiving Nondiscriminatory Treatment"
  - "Part 1 — Trade Relations With Certain Countries"
---

# §2436. Market disruption

- (a) **Investigation by International Trade Commission; report; publication—**
  - (1) Upon the filing of a petition by an entity described in [section 2252(a) of this title](/usc/19/2252.md?p=a), upon request of the President or the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32), upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the International Trade [Commission](/usc/19/1677.md?p=2) (hereafter in this section referred to as the “[Commission](/usc/19/1677.md?p=2)”) shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Communist [country](/usc/19/1677.md?p=3), whether market disruption exists with respect to an article produced by a domestic [industry](/usc/19/1677.md?p=4-A).
  - (2) The provisions of subsections [(a)(3)](#a-3), (b)(4),[^1] and (c)(4) of [section 2252 of this title](/usc/19/2252.md) shall apply with respect to investigations by the [Commission](/usc/19/1677.md?p=2) under [paragraph (1)](#a-1).
  - (3) The [Commission](/usc/19/1677.md?p=2) shall report to the President its determination with respect to each investigation under [paragraph (1)](#a-1) and the basis therefor and shall include in each report any dissenting or separate views. If the [Commission](/usc/19/1677.md?p=2) finds, as a result of its investigation, that market disruption exists with respect to an article produced by a domestic [industry](/usc/19/1677.md?p=4-A), it shall find the amount of the increase in, or imposition of, any [duty](/usc/19/2481.md?p=1) or [other import restriction](/usc/19/2481.md?p=2) on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President. The [Commission](/usc/19/1677.md?p=2) shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation.
  - (4) The report of the [Commission](/usc/19/1677.md?p=2) of its determination with respect to an investigation under [paragraph (1)](#a-1) shall be made at the earliest practicable time, but not later than 3 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the [Commission](/usc/19/1677.md?p=2) shall also promptly make public such report (with the exception of information which the [Commission](/usc/19/1677.md?p=2) determines to be confidential) and shall cause a summary thereof to be published in the Federal Register.
- (b) **Affirmative determination—** With respect to any affirmative determination of the [Commission](/usc/19/1677.md?p=2) under [subsection (a)](#a)—
  - (1) such determination shall be treated as an affirmative determination made under [section 2251(b) of this title](/usc/19/2251.md?p=b) (as in effect on the day before the date of the enactment of the Omnibus Trade and Competitiveness Act of 1988); and
  - (2) sections [2252](/usc/19/2252.md) and [2253](/usc/19/2253.md) of this title (as in effect on the day before the date of the enactment of such Act of 1988), rather than the provisions of part 1 of subchapter II of this chapter as amended by [section 1401](/usc/19/1401.md) of such Act of 1988, shall apply with respect to the taking of subsequent action, if any, by the President in response to such affirmative determination;

  except that—

  - (A) the President may take action under such sections [2252](/usc/19/2252.md) and [2253](/usc/19/2253.md) of this title only with respect to imports from the [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) involved of the article with respect to which the affirmative determination was made; and
  - (B) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.
- (c) **Products of Communist countries—** If, at any time, the President finds that there are reasonable grounds to believe, with respect to imports of an article which is the product of a Communist [country](/usc/19/1677.md?p=3), that market disruption exists with respect to an article produced by a domestic [industry](/usc/19/1677.md?p=4-A), he shall request the [Commission](/usc/19/1677.md?p=2) to initiate an investigation under [subsection (a)](#a). If the President further finds that emergency action is necessary, he may take action under sections [2252](/usc/19/2252.md) and [2253](/usc/19/2253.md) of this title referred to in [subsection (b)](#b) as if an affirmative determination of the [Commission](/usc/19/1677.md?p=2) had been made under [subsection (a)](#a). Any action taken by the President under the preceding sentence shall cease to apply (1) if a negative determination is made by the [Commission](/usc/19/1677.md?p=2) under [subsection (a)](#a) with respect to imports of such article, on the day on which the [Commission](/usc/19/1677.md?p=2)’s report of such determination is submitted to the President, or (2) if an affirmative determination is made by the [Commission](/usc/19/1677.md?p=2) under [subsection (a)](#a) with respect to imports of such article, on the day on which the action taken by the President pursuant to such determination becomes effective.
- (d) **Petitions to initiate consultations as provided for by safeguard arrangements—**
  - (1) A petition may be filed with the President by an entity described in [section 2252(a) of this title](/usc/19/2252.md?p=a) requesting the President to initiate consultations provided for by the safeguard arrangements of any agreement entered into under [section 2435 of this title](/usc/19/2435.md) with respect to imports of an article which is the product of the [country](/usc/19/1677.md?p=3) which is the other party to such agreement.
  - (2) If the President determines that there are reasonable grounds to believe, with respect to imports of such article, that market disruption exists with respect to an article produced by a domestic [industry](/usc/19/1677.md?p=4-A), he shall initiate consultations with such [country](/usc/19/1677.md?p=3) with respect to such imports.
- (e) **Definitions; factors determining existence of market disruption—** For purposes of this section—
  - (1) The term “Communist [country](/usc/19/1677.md?p=3)” means any [country](/usc/19/1677.md?p=3) dominated or controlled by communism.
  - (2)
    - (A) Market disruption exists within a domestic [industry](/usc/19/1677.md?p=4-A) whenever imports of an article, like or directly competitive with an article produced by such domestic [industry](/usc/19/1677.md?p=4-A), are increasing rapidly, either absolutely or relatively, so as to be a significant cause of [material injury](/usc/19/1677.md?p=7-A), or threat thereof, to such domestic [industry](/usc/19/1677.md?p=4-A).
    - (B) For purposes of [subparagraph (A)](#e-2-A):
      - (i) Imports of an article shall be considered to be increasing rapidly if there has been a significant increase in such imports (either actual or relative to domestic production) during a recent period of time.
      - (ii) The term “significant cause” refers to a cause which contributes significantly to the [material injury](/usc/19/1677.md?p=7-A) of the domestic [industry](/usc/19/1677.md?p=4-A), but need not be equal to or greater than any other cause.
    - (C) The [Commission](/usc/19/1677.md?p=2), in determining whether market disruption exists, shall consider, among other factors—
      - (i) the volume of imports of the merchandise which is the subject of the investigation;
      - (ii) the effect of imports of the merchandise on prices in the [United States](/usc/19/2319.md?p=8) for like or directly competitive articles;
      - (iii) the impact of imports of such merchandise on domestic producers of like or directly competitive articles; and
      - (iv) evidence of disruptive pricing practices, or other efforts to unfairly manage trade patterns.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 93–618, title IV, § 406, Jan. 3, 1975, 88 Stat. 2062; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 100–418, title I, § 1411(a), (b), Aug. 23, 1988, 102 Stat. 1241, 1242; Pub. L. 106–36, title I, § 1001(a)(6), June 25, 1999, 113 Stat. 130.)

## Notes

### Editorial Notes

### References in Text

Subsection (b)(4) of section 2252 of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 103–465, title III, § 301(c), Dec. 8, 1994, 108 Stat. 4932. See section 2252(b)(3) of this title.

The date of the enactment of the Omnibus Trade and Competitiveness Act of 1988, referred to in subsec. (b), is the date of enactment of Pub. L. 100–418, which was approved Aug. 23, 1988.

Section 1401 of such Act of 1988, referred to in subsec. (b)(2), is section 1401 of Pub. L. 100–418, known as the Omnibus Trade and Competitiveness Act of 1988, which enacted section 2254 of this title, amended sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this title, enacted a provision set out as a note under section 2251 of this title, and amended a provision set out as a note under section 2112 of this title.

### Amendments

1999—Subsec. (e)(2)(B), (C). Pub. L. 106–36 realigned margins.

1988—Subsec. (a)(1). Pub. L. 100–418, § 1411(b)(1), substituted “section 2252(a)” for “section 2251(a)(1)”.

Subsec. (a)(2). Pub. L. 100–418, § 1411(b)(2), substituted “subsections (a)(3), (b)(4), and (c)(4) of section 2252” for “subsections (a)(2), (b)(3), and (c) of section 2251”.

Subsec. (b). Pub. L. 100–418, § 1411(a)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For purposes of sections 2252 and 2253 of this title, an affirmative determination of the Commission under subsection (a) of this section shall be treated as an affirmative determination under section 2251(b) of this title, except that—

“(1) the President may take action under sections 2252 and 2253 of this title only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made, and

“(2) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.”

Subsec. (c). Pub. L. 100–418, § 1411(a)(2), inserted “referred to in subsection (b)” after “sections 2252 and 2253 of this title”.

Subsec. (d)(1). Pub. L. 100–418, § 1411(b)(1), substituted “section 2252(a)” for “section 2251(a)(1)”.

Subsec. (e)(2). Pub. L. 100–418, § 1411(a)(3), designated existing provisions as subpar. (A) and added subpars. (B) and (C).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Pub. L. 100–418, title I, § 1411(c), Aug. 23, 1988, 102 Stat. 1242, provided that: “The amendments made by subsections (a) and (b) [amending this section] apply with respect to investigations initiated under section 406(a) of the Trade Act of 1974 [19 U.S.C. 2436(a)] on or after the date of the enactment of this Act [Aug. 23, 1988].”

### Executive Documents

### Change of Name

“United States Trade Representative” substituted for “Special Representative for Trade Negotiations” in subsec. (a)(1), pursuant to Reorg. Plan No. 3 of 1979, § 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97–456.