( b) imports of the product from all listed countries with less than 3 percent import share collectively account for more than 9 percent of total imports of the product; or
( c) a country listed in subdivision( c) of Note 41 in the Annex to this proclamation is no longer a developing country for purposes of this proclamation.
( 5) If, after the safeguard measure established in this proclamation takes effect, I determine, or the Trade Representative determines, that circumvention of the action taken in this proclamation is occurring, then the Trade Representative is authorized, at the direction of, or with the concurrence of, the President, to take additional action, including under sections 203 and 204( b)( 2) of the Trade Act( 19 U. S. C. 2253, 2254( b)( 2)), as may be necessary to eliminate the circumvention. To implement any additional action to address circumvention, the Trade Representative is authorized, upon publication of a notice in the Federal Register, to revise Note 41 in the Annex to this proclamation, as appropriate.
( 6) If, after the safeguard measure established in this proclamation takes effect, I determine, or the Trade Representative determines, that there is a surge in imports of QSP from any country excluded pursuant to clause( 2) of this proclamation, then the Trade Representative shall extend the safeguard measure in this proclamation to imports of QSP from the country in which the surge is occurring. The Trade Representative is also authorized, at the direction of, or with the approval of, the President, to take any other additional appropriate and feasible action to address the import surge, including pursuant to section 302( c) of the USMCA Implementation Act( 19 U. S. C. 4552( c)) or section 204( b)( 2) of the Trade Act( 19 U. S. C. 2254( b)( 2)). The Trade Representative is authorized, upon publication of a notice in the Federal Register, to revise Note 41 in the Annex to this proclamation to address the import surge, as appropriate.
( 7) The Trade Representative is authorized, at the direction of, or with the approval of, the President, to exercise the authority in section 302( c) of the USMCA Implementation Act( 19 U. S. C. 4552( c)) with regard to imports of QSP from either Canada or Mexico, including upon publication of a notice in the Federal Register, to revise Note 41 in the Annex to this proclamation, as appropriate. Nothing in this clause shall be construed to limit the scope of clause( 6) of this proclamation.
( 8) I authorize the Trade Representative to negotiate agreements with foreign trade partners pursuant to section 203( a)( 3)( E) and 203( f) of the Trade Act( 19 U. S. C. 2253( a)( 3)( E),( f)). Such agreements must include conditions limiting the export from foreign trading partners and the import into the United States of QSP. Such agreements may also include commitments to invest in QSP production, to include production of unfinished QSP slabs, in the United States. If the Trade Representative concludes an agreement that the Trade