19 U.S.C. § 2401a

Petitions; group eligibility

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(a) In general

A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized 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.

(b) Hearings

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 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 person an opportunity to be present, to produce evidence, and to be heard.

(c) Group eligibility requirementsThe Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines—(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and(2) that increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1).(d) Special rule for qualified subsequent yearsA group of agricultural commodity producers certified as eligible under section 2401b of this title shall be eligible to apply for assistance under this part in any qualified year after the year the group is first certified, if the Secretary determines that—(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and(2) the requirements of subsection (c)(2) are met.(e) Determination of qualified year and commodityIn this part:(1) Qualified year

The term “qualified year”, with respect to a group of agricultural commodity producers certified as eligible under section 2401b of this title, means each consecutive year after the year in which the group is certified and in which the Secretary makes the determination under subsection (c) or (d), as the case may be.

(2) Classes of goods within a commodity

In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and section 2401e of this title.

(Pub. L. 93–618, title II, § 292, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 947; amended Pub. L. 111–5, div. B, title I, § 1882(a), Feb. 17, 2009, 123 Stat. 415; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)Termination of Assistance

For termination of assistance under this part after June 30, 2022, see Termination Date note below.

Editorial NotesCodification

Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

Amendments

2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

2009—Subsecs. (c) to (e). Pub. L. 111–5, §§ 1882(a), 1893, temporarily added subsecs. (c) to (e) and struck out former subsecs. (c) to (e), which related to eligibility requirements for groups of agricultural commodity producers to apply for adjustment assistance, a special rule for such groups after the first year of certification, and determination of qualified year and commodity, respectively. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Statutory Notes and Related SubsidiariesEffective and Termination Dates of 2015 Revival

For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.

Effective and Termination Dates of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

Termination Date

Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

Notes of Decisions

Cited in 11 cases, 2005–2008 · leading case: Ron Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006).

Sort: Relevance Newest Treatment

Ron Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006). · cites it 3× “19 U.S.C. § 2401a(c). In the event a producer group is certified, any individual producer covered by that group certification is eligible for certain non-monetary benefits, such as free information regarding the feasibility of substituting other commodities for those adversely…”

Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007). · cites it 4× “shrimp, the Texas Shrimp Association (“TSA”) filed with the Department a petition on behalf of Texas shrimp producers (including Dus & Derrick) for TAA certification in accordance with 19 U.S.C. § 2401a and 7 C.F.R. § 1580.201 .”

Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005). · cites it 4× “II Background On November 6, 2003, the Foreign Agricultural Service (“FAS”) certified that Pacific Salmon fisherman in Alaska and Washington 1 were eligible to apply for agricultural trade adjustment assistance (“TAA”) pursuant to 19 U.S.C. § 2401a. 2 Trade Adjustment Assistance…”

Lady Kim T. Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1262 (Ct. Intl. Trade 2006). · cites it 2× “See 19 U.S.C. § 2401a(a). The Secretary is required to grant the petition if he determines: (1) that the national average price for the agricultural commodity .”

Anderson v. United States Sec'y of Agric., 462 F. Supp. 2d 1333 (Ct. Intl. Trade 2006). “In particular, a producer qualifies for assistance only if “the producer’s net farm income (‘as determined by the Secretary [of Agriculture]’) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received…”

Van Trinh v. United States Sec'y of Agric., 395 F. Supp. 2d 1259 (Ct. Intl. Trade 2005). “; see also 19 U.S.C. § 2401a (Supp. II 2002) (setting group eligibility requirements for TAA certification).”

O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007). “Response Brief at 6 (comparing 19 U.S.C. § 2401a(a) (requiring “investigation” of petitions for group certification) with 19 U.”

Steen v. United States (Fed. Cir. 2006). · cites it 3× “19 U.S.C. § 2401a(c). In the event a producer group is certified, any individual producer covered by that group certification is eligible for certain non-monetary benefits, such as free information regarding the feasibility of substituting other commodities for those adversely…”

T.W.R., Inc. v. United States Sec'y of Agric., 2008 CIT 59 (Ct. Intl. Trade 2008). · cites it 3× “In October 2003, the Texas Shrimp Association (“TSA”) filed a petition with the Department on behalf of Texas shrimp producers for TAA certification pursuant to 19 U.S.C. § 2401a and 7 C.F.R. § 1580.201 (2003).”

Conlin Greenhouses v. United States Sec'y of Agric., 2008 CIT 54 (Ct. Intl. Trade 2008). “” 19 U.S.C. § 2401a(a). If the Secretary certifies the group petition, individual producers covered by the group certification may then apply for TAA benefits.”

Whitney Bros. v. United States Sec'y of Agric., 521 F. Supp. 2d 1399 (Ct. Intl. Trade 2007). “7) (emphasis supplied) (comparing 19 U.S.C. § 2401a(a) (mandating “investigation” of petitions for group certification) with 19 U.”

— 19 U.S.C. § 2401a(a) — 6 cases

Steen v. United States, 395 F. Supp. 2d 1345 (Ct. Intl. Trade 2005). “II Background On November 6, 2003, the Foreign Agricultural Service (“FAS”) certified that Pacific Salmon fisherman in Alaska and Washington 1 were eligible to apply for agricultural trade adjustment assistance (“TAA”) pursuant to 19 U.S.C. § 2401a. 2 Trade Adjustment Assistance…”

Lady Kim T. Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1262 (Ct. Intl. Trade 2006). “See 19 U.S.C. § 2401a(a). The Secretary is required to grant the petition if he determines: (1) that the national average price for the agricultural commodity .”

Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007). “shrimp, the Texas Shrimp Association (“TSA”) filed with the Department a petition on behalf of Texas shrimp producers (including Dus & Derrick) for TAA certification in accordance with 19 U.S.C. § 2401a and 7 C.F.R. § 1580.201 .”

— 19 U.S.C. § 2401a(c) — 5 cases

Ron Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006). “19 U.S.C. § 2401a(c). In the event a producer group is certified, any individual producer covered by that group certification is eligible for certain non-monetary benefits, such as free information regarding the feasibility of substituting other commodities for those adversely…”

Steen v. United States (Fed. Cir. 2006). “19 U.S.C. § 2401a(c). In the event a producer group is certified, any individual producer covered by that group certification is eligible for certain non-monetary benefits, such as free information regarding the feasibility of substituting other commodities for those adversely…”

T.W.R., Inc. v. United States Sec'y of Agric., 2008 CIT 59 (Ct. Intl. Trade 2008). “In October 2003, the Texas Shrimp Association (“TSA”) filed a petition with the Department on behalf of Texas shrimp producers for TAA certification pursuant to 19 U.S.C. § 2401a and 7 C.F.R. § 1580.201 (2003).”

— 19 U.S.C. § 2401a(c)(1) — 1 case

— 19 U.S.C. § 2401a(c)(l) — 1 case

— 19 U.S.C. § 2401a(d) — 1 case

— 19 U.S.C. § 2401a(e)(2) — 2 cases

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