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19 U.S.C. § 2431 — Administration

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

19 U.S.C. § 2431 — Administration

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).

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Source location: Title 19, Chapter 12, § 2431; 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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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. § 2436 — Extension of nondiscriminatory treatment

**(a) Presidential proclamation** Subject to the provisions of [section 2435(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435/c&num=0&edition=prelim), the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in [section 2435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435&num=0&edition=prelim). **(b) Limitation on period of effectiveness** The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this subchapter which has entered into an agreement with the United States regarding the settlement of lendlease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement. **(c) Suspension or withdrawal of extensions of nondiscriminatory treatment** The President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a) and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Harmonized Tariff Schedule of the United States.

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

19 U.S.C. § 2431 — Exception of products of certain countries

Page 675 TITLE 19—CUSTOMS DUTIES § 2432 to any subsequent direction by the President in a par- ticular matter. SEC. 2. Consultations and Advice. In developing the an- nual reports required by part I and part II of this order, the Trade Representative shall consult with executive agencies and seek information and advice from U.S. businesses in the United States and in the countries in- volved in the practices under consideration. WILLIAM J. CLINTON. SUBCHAPTER IV—TRADE RELATIONS WITH COUNTRIES NOT RECEIVING NON- DISCRIMINATORY TREATMENT PART 1—TRADE RELATIONS WITH CERTAIN COUNTRIES § 2431. Exception of products of certain countries or areas Except as otherwise provided in this sub- chapter, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eli- gible for the rates set forth in rate column num- bered 1 of the Tariff Schedules of the United States on January 3, 1975. (Pub. L. 93–618, title IV, § 401, Jan. 3, 1975, 88 Stat. 2056.) Editorial Notes REFERENCES IN TEXT The Tariff Schedules of the United States, referred to in text, to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries REPORT ON EFFECT OF SUBCHAPTER; RECOMMENDATIONS Pub. L. 95–501, title VI, § 604, Oct. 21, 1978, 92 Stat. 1692, which provided that within six months after Oct. 21, 1978, the Secretary of Agriculture submit to Con- gress a report detailing the effect on United States ag- riculture of this subchapter, including a recommenda- tion as to whether the provision

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