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19 U.S.C. § 2415 — Consultation upon initiation of investigation

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2415 — Consultation upon initiation of investigation

**(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 (

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Source file: Laws/federal/codes/united-states-code/title-19/section-2415-consultation-upon-initiation-of-investigation--074872eeff.md
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Source location: Title 19, Chapter 12, § 2415; chapter-012-trade-act-of-1974.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2414 — Initiation of investigations

**(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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19 U.S.C. § 2155 — Public hearings

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2412 — Authorization of appropriations

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2411 — Fraud and recovery of overpayments

**(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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2415 — Implementation of actions

Page 667 TITLE 19—CUSTOMS DUTIES § 2415 Subsec. (a)(4). Pub. L. 103–465, § 314(d)(3), struck out ‘‘(other than the agreement on subsidies and counter- vailing measures described in section 2503(c)(5) of this title)’’ after ‘‘in a trade agreement’’. 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to determinations by Trade Representative for provisions relating to rec- ommendations by Trade Representative. 1984—Subsec. (a)(1). Pub. L. 98–573, § 304(d)(2)(C), sub- stituted ‘‘matters under investigation’’ for ‘‘issues raised in the petition’’ in first sentence. Subsec. (b)(2). Pub. L. 98–573, § 306(c)(2)(C)(ii), struck out ‘‘private sector’’ after ‘‘appropriate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 316(a) of Pub. L. 103–465, set out as an Effective Date note under section 3581 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under this section regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title. § 2415. Implementation of actions (a) Actions to be taken under section 2411 (1) Except as provided in paragraph (2), the Trade Representative shall implement the ac- tion the Trade Representative determines under section 2414(a)(1)(B) of this title to take under section 2411 of this titl

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