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19 U.S.C. § 2417 — Implementation of actions
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,
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Stable record: federal_law:legal_authorities:record_usc_6b8e35399db3773e2cd9478d
Source file: Laws/federal/codes/united-states-code/title-19/section-2417-implementation-of-actions--89489a1dbe.md
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Source location: Title 19, Chapter 12, § 2417; chapter-012-trade-act-of-1974.md
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**(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, or that a delay is necessary or desirable, to obtain United States rights or a satisfactory solution with respect to the acts, policies, or practices that are the subject of the action.
(B) The Trade Representative may not delay under subparagraph (A) 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) with respect to any investigation to which [section 2414(a)(3)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/3/A/ii&num=0&edition=prelim) applies.
(C) The Trade Representative may not delay under subparagraph (A) 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) with respect to any investigation 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 by more than 90 days.
**(b) Alternative actions in certain cases of export targeting**
(1) If the Trade Representative makes an affirmative determination under [section 2414(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1/A&num=0&edition=prelim) involving export targeting by a foreign country and determines to take no action 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 such affirmation determination, the Trade Representative—
(A) shall establish an advisory panel to recommend measures which will promote the competitiveness of the domestic industry affected by the export targeting,
(B) on the basis of the report of such panel submitted under paragraph (2)(B) and subject to the specific direction, if any, of the President, may take any administrative actions authorized under any other provision of law, and, if necessary, propose legislation to implement any other actions, that would restore or improve the international competitiveness of the domestic industry affected by the export targeting, and
(C) shall, by no later than the date that is 30 days after the date on which the report of such panel is submitted under paragraph (2)(B), submit a report to the Congress on the administrative actions taken, and legislative proposals made, under subparagraph (B) with respect to the domestic industry affected by the export targeting.
(2)
(A) The advisory panels established under paragraph (1)(A) shall consist of individuals appointed by the Trade Representative who—
(i) earn their livelihood in the private sector of the economy, including individuals who represent management and labor in the domestic industry affected by the export targeting that is the subject of the affirmative determination made under [section 2414(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1/A&num=0&edition=prelim), and
(ii) by education or experience, are qualified to serve on the advisory panel.
(B) By no later than the date that is 6 months after the date on which an advisory panel is established under paragraph (1)(A), the advisory panel shall submit to the Trade Representative and to the Congress a report on measures that the advisory panel recommends be taken by the United States to promote the competitiveness of the domestic industry affected by the export targeting that is the subject of the affirmative determination made under [section 2414(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1/A&num=0&edition=prelim).
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2414
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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** There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 2003 through 2007 to carry out the purposes of this part, and there are authorized to be appropriated and there are appropriated to the Department of Agriculture to carry out this part $9,000,000 for the 3-month period beginning on October 1, 2007.11 See Application of Subsection (a) note below.
**(b) Proportionate reduction** If in any year the amount appropriated under this part is insufficient to meet the requirements for adjustment assistance payable under this part, the amount of assistance payable under this part shall be reduced proportionately.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2412
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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
Page 669
TITLE 19—CUSTOMS DUTIES
§ 2417
1 So in original. Probably should be ‘‘Representative’’.
(c) Exercise of WTO authorization to suspend
concessions or other obligations
If—
(1) action has terminated pursuant to sec-
tion 2417(c) of this title,
(2) the petitioner or any representative of
the domestic industry that would benefit from
reinstatement of action has submitted to the
Trade Representative a written request for re-
instatement of action, and
(3) the Trade Representatives 1
has com-
pleted the requirements of subsection (d) and
section 2417(c)(3) of this title,
the Trade Representative may at any time de-
termine to take action under section 2411(c) of
this title to exercise an authorization to sus-
pend concessions or other obligations under Ar-
ticle 22 of the Understanding on Rules and Pro-
cedures Governing the Settlement of Disputes
(referred to in section 3511(d)(16) of this title).
(d) Consultations
Before making any determination under sub-
section (b) or (c), the Trade Representative
shall—
(1) consult with the petitioner, if any, in-
volved in the initial investigation under this
subchapter and with representatives of the do-
mestic industry concerned; and
(2) provide an opportunity for the presen-
tation of views by interested persons.
(Pub. L. 93–618, title III, § 306, as added Pub. L.
96–39, title IX, § 901, July 26, 1979, 93 Stat. 299;
amended Pub. L. 100–418, title I, § 1301(a), Aug.
23, 1988, 102 Stat. 1173; Pub. L. 103–465, title III,
§ 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub. L.
104–295, § 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub.
L. 106–200, title IV, § 407, May 18, 2000, 114 Stat.
293; Pub. L. 114–125, title VI, § 602(a), (b)(2), (3),
Feb. 24, 2016, 130 Stat. 184.)
Editorial Notes
REFERENCES IN TEXT
The Ha
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2417
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.