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19 U.S.C. § 2414 — Initiation of investigations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitions**
(1) Any interested person may file a petition with the Trade Representative requesting that action be taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) and setting forth the allegations in support of the request.
(2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the petition, shall determine whether to initiate an investigation.
(3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register.
(4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing—
(A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or
(B) at such other time if a timely request therefor is made by the petitioner or by any interested person.
**(b) Initiation of investigation by means other than petition**
(1)
(A) If the Trade Representative determines that an investigation should be in
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Stable record: federal_law:legal_authorities:record_usc_01f0f552390067f6cb2a0ff2
Source file: Laws/federal/codes/united-states-code/title-19/section-2414-initiation-of-investigations--7011418dc7.md
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Source location: Title 19, Chapter 12, § 2414; chapter-012-trade-act-of-1974.md
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**(a) Petitions**
(1) Any interested person may file a petition with the Trade Representative requesting that action be taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) and setting forth the allegations in support of the request.
(2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the petition, shall determine whether to initiate an investigation.
(3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register.
(4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing—
(A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or
(B) at such other time if a timely request therefor is made by the petitioner or by any interested person.
**(b) Initiation of investigation by means other than petition**
(1)
(A) If the Trade Representative determines that an investigation should be initiated under this subchapter with respect to any matter in order to determine whether the matter is actionable under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), the Trade Representative shall publish such determination in the Federal Register and shall initiate such investigation.
(B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees established pursuant to [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim).
(2)
(A) By no later than the date that is 30 days after the date on which a country is identified under [section 2242(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2242/a/2&num=0&edition=prelim), the Trade Representative shall initiate an investigation under this subchapter with respect to any act, policy, or practice of that country that—
(i) was the basis for such identification, and
(ii) is not at that time the subject of any other investigation or action under this subchapter.
(B) The Trade Representative is not required under subparagraph (A) to initiate an investigation under this subchapter with respect to any act, policy, or practice of a foreign country if the Trade Representative determines that the initiation of the investigation would be detrimental to United States economic interests.
(C) If the Trade Representative makes a determination under subparagraph (B) not to initiate an investigation, the Trade Representative shall submit to the Congress a written report setting forth, in detail—
(i) the reasons for the determination, and
(ii) the United States economic interests that would be adversely affected by the investigation.
(D) The Trade Representative shall, from time to time, consult with the Register of Copyrights, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, and other appropriate officers of the Federal Government, during any investigation initiated under this subchapter by reason of subparagraph (A).
**(c) Discretion** In determining whether to initiate an investigation under subsection (a) or (b) of any act, policy, or practice that is enumerated in any provision of [section 2411(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/d&num=0&edition=prelim), the Trade Representative shall have discretion to determine whether action under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) would be effective in addressing such act, policy, or practice.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
**(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2155
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Repayment** — If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this part to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such person; and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) **Recovery of overpayment** — Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
**(b) False statement** A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
(1) if the Secretary, or a court of competent jurisdiction, determines that the person—
(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or
(B) knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.
**(c) Notice and determination** Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determ
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory action**
(1) If the United States Trade Representative determines under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim) that—
(A) the rights of the United States under any trade agreement are being denied; or
(B) an act, policy, or practice of a foreign country—
(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or
(ii) is unjustifiable and burdens or restricts United States commerce;
the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
(2) The Trade Representative is not required to take action under paragraph (1) in any case in which—
(A) the Dispute Settlement Body (as defined in [section 3531(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3531/5&num=0&edition=prelim)) has adopted a report, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that—
(i) the rights of the United States under a trade agreement are not being denied, or
(ii) the act, policy, or practice—
(I) is not
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) On the date on which an investigation is initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim), the Trade Representative, on behalf of the United States, shall request consultations with the foreign country concerned regarding the issues involved in such investigation.
(2) If the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) involves a trade agreement and a mutually acceptable resolution is not reached before the earlier of—
(A) the close of the consultation period, if any, specified in the trade agreement, or
(B) the 150th day after the day on which consultation was commenced,
the Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under such agreement.
(3) The Trade Representative shall seek information and advice from the petitioner (if any) and the appropriate committees established pursuant to [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim) in preparing United States presentations for consultations and dispute settlement proceedings.
**(b) Delay of request for consultations**
(1) Notwithstanding the provisions of subsection (a)—
(A) the United States Trade Representative may, after consulting with the petitioner (if any), delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and
(B) if such consultations are delayed by reason of subparagraph (
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2415
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions to be taken under section 2411**
(1) Except as provided in paragraph (2), the Trade Representative shall implement the action the Trade Representative determines under [section 2414(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1/B&num=0&edition=prelim) to take under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), subject to the specific direction, if any, of the President regarding any such action, by no later than the date that is 30 days after the date on which such determination is made.
(2)
(A) Except as otherwise provided in this paragraph, the Trade Representative may delay, by not more than 180 days, the implementation of any action that is to be taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim)—
(i) if—
(I) in the case of an investigation initiated under [section 2412(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/a&num=0&edition=prelim), the petitioner requests a delay, or
(II) in the case of an investigation initiated under [section 2412(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/1&num=0&edition=prelim) or to which [section 2414(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/3/B&num=0&edition=prelim) applies, a delay is requested by a majority of the representatives of the domestic industry that would benefit from the action, or
(ii) if the Trade Representative determines that substantial progress is being made,
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2417
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this subchapter or subject to dispute settlement proceedings to enforce the rights of the United States under a trade agreement providing for such proceedings.
**(b) Action on the basis of monitoring**
(1) **In general** — If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under [section 2411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/a&num=0&edition=prelim). For purposes of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), any such determination shall be treated as a determination made under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim).
(2) **WTO dispute settlement recommendations**
(A) *Failure to implement recommendation* — If the measure or agreement referred to in subsection (a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the Trade Representative considers that the foreign country has failed to implement it, the Trade Representative shall make the determination in paragraph (1) no later than 30 days after the expiration of the reasonable period
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2418
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) if—
(A) any of the conditions described in [section 2411(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/a/2&num=0&edition=prelim) exist,
(B) the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the subject of such action has increased or decreased, or
(C) such action is being taken under [section 2411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/b&num=0&edition=prelim) and is no longer appropriate.
(2) Before taking any action under paragraph (1) to modify or terminate any action taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), the Trade Representative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide opportunity for the presentation of views by other interested persons affected by the proposed modification or termination concerning the effects of the modification or termination and whether any modification or termination of the action is appropriate.
**(b) Notice; report to Congress** The Trade Representative shall promptly publish in the Federal Register notice of, and report in writing to the Congress with respect to, any modification or termination of any action taken under [section 2411
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2419
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Upon receipt of written request therefor from any person, the Trade Representative shall make available to that person information (other than that to which confidentiality applies) concerning—
(1) the nature and extent of a specific trade policy or practice of a foreign country with respect to particular goods, services, investment, or intellectual property rights, to the extent that such information is available to the Trade Representative or other Federal agencies;
(2) United States rights under any trade agreement and the remedies which may be available under that agreement and under the laws of the United States; and
(3) past and present domestic and international proceedings or actions with respect to the policy or practice concerned.
**(b) If information not available** If information that is requested by a person under subsection (a) is not available to the Trade Representative or other Federal agencies, the Trade Representative shall, within 30 days after receipt of the request—
(1) request the information from the foreign government; or
(2) decline to request the information and inform the person in writing of the reasons for refusal.
**(c) Certain business information not made available**
(1) Except as provided in paragraph (2), and notwithstanding any other provision of law (including [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)), no information requested and received by the Trade Representative in aid of any investigation under this subchapter shall be made available to any person if—
(A) the person providing such information certifies that—
(i) such information is business confidential,
(ii) the disclosure of such information would endan
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2420
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Federal law — U.S. Code and appendices · legal_authorities
The Trade Representative shall—
(1) issue regulations concerning the filing of petitions and the conduct of investigations and hearings under this subchapter,
(2) keep the petitioner regularly informed of all determinations and developments regarding the investigation conducted with respect to the petition under this subchapter, including the reasons for any undue delays, and
(3) submit a report to the House of Representatives and the Senate semiannually describing—
(A) the petitions filed and the determinations made (and reasons therefor) under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim),
(B) developments in, and the current status of, each investigation or proceeding under this subchapter,
(C) the actions taken, or the reasons for no action, by the Trade Representative under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) with respect to investigations conducted under this subchapter, and
(D) the commercial effects of actions taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2431
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