19 U.S.C. § 2418 — Request for information

Page 670 TITLE 19—CUSTOMS DUTIES § 2418 in writing to the Congress with respect to, any modification or termination of any action taken under section 2411 of this title and the reasons therefor. (c) Review of necessity (1) If— (A) a particular action has been taken under section 2411 of this title during any 4-year pe- riod, and (B) neither the petitioner nor any represent- ative of the domestic industry which benefits from such action has submitted to the Trade Representative during the last 60 days of such 4-year period a written request for the con- tinuation of such action, such action shall terminate at the close of such 4-year period. (2) The Trade Representative shall notify by mail the petitioner and representatives of the domestic industry described in paragraph (1)(B) of any termination of action by reason of para- graph (1) at least 60 days before the date of such termination. (3) If a request is submitted to the Trade Rep- resentative under paragraph (1)(B) to continue taking a particular action under section 2411 of this title, or if a request is submitted to the Trade Representative under section 2416(c)(2) of this title to reinstate action, the Trade Rep- resentative shall conduct a review of— (A) the effectiveness in achieving the objec- tives of section 2411 of this title of— (i) such action, and (ii) other actions that could be taken (in- cluding actions against other products or services), and (B) the effects of such actions on the United States economy, including consumers. (Pub. L. 93–618, title III, § 307, as added Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1174; amended Pub. L. 114–125, title VI, § 602(b)(4), Feb. 24, 2016, 130 Stat. 184.) Editorial Notes AMENDMENTS 2016—Subsec. (c)(3). Pub. L. 114–125 inserted ‘‘or if a request is submitted to the Trade Representative under section 2416(c)(2) of this title to reinstate action,’’ after ‘‘under section 2411 of this title,’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to petitions filed, and investiga- tions initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investiga- tions initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2411 of this title. § 2418. Request for information (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 ap- plies) concerning— (1) the nature and extent of a specific trade policy or practice of a foreign country with re- spect to particular goods, services, invest- ment, 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 inter- national 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 in- form the person in writing of the reasons for refusal. (c) Certain business information not made avail- able (1) Except as provided in paragraph (2), and notwithstanding any other provision of law (in- cluding section 552 of title 5), no information re- quested and received by the Trade Representa- tive in aid of any investigation under this sub- chapter shall be made available to any person if— (A) the person providing such information certifies that— (i) such information is business confiden- tial, (ii) the disclosure of such information would endanger trade secrets or profit- ability, and (iii) such information is not generally available; (B) the Trade Representative determines that such certification is well-founded; and (C) to the extent required in regulations pre- scribed by the Trade Representative, the per- son providing such information provides an adequate nonconfidential summary of such in- formation. (2) The Trade Representative may— (A) use such information, or make such in- formation available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this sub- chapter, or (B) may make such information available to any other person in a form which cannot be as- sociated with, or otherwise identify, the per- son providing the information. (Pub. L. 93–618, title III, § 308, as added Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1175.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to petitions filed, and investiga- tions initiated, under section 2412 of this title on or Page 671 TITLE 19—CUSTOMS DUTIES § 2420 after Aug. 23, 1988, and petitions filed, and investiga- tions initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2411 of this title. § 2419. 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 regard- ing the investigation conducted with respect to the petition under this subchapter, includ- ing the reasons for any undue delays, and (3) submit a report to the House of Rep- resentatives and the Senate semiannually de- scribing— (A) the petitions filed and the determina- tions made (and reasons therefor) under sec- tion 2412 of this title, (B) developments in, and the current sta- tus 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 with respect to in- vestigations conducted under this sub- chapter, and (D) the commercial effects of actions taken under section 2411 of this title. (Pub. L. 93–618, title III, § 309, as added Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1175.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to petitions filed, and investiga- tions initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investiga- tions initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2411 of this title. § 2420. Trade enforcement priorities (a) Trade enforcement priorities, consultations, and report (1) Trade enforcement priorities consultations Not later than May 31 of each calendar year that begins after February 24, 2016, the United States Trade Representative (in this section referred to as the ‘‘Trade Representative’’) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agree- ment to which the United States is a party, or otherwise create or maintain barriers to United States goods, services, or investment. (2) Identification of trade enforcement prior- ities In identifying acts, policies, or practices of foreign governments as trade enforcement pri- orities under this subsection, the Trade Rep- resentative shall focus on those acts, policies, and practices the elimination of which is like- ly to have the most significant potential to in- crease United States economic growth, and take into account all relevant factors, includ- ing— (A) the economic significance of any po- tential inconsistency between an obligation assumed by a foreign government pursuant to a trade agreement to which both the for- eign government and the United States are parties and the acts, policies, or practices of that government; (B) the impact of the acts, policies, or practices of a foreign government on main- taining and creating United States jobs and productive capacity; (C) the major barriers and trade distorting practices described in the most recent Na- tional Trade Estimate required under sec- tion 2241(b) of this title; (D) the major barriers and trade distorting practices described in other relevant reports addressing international trade and invest- ment barriers prepared by a Federal agency or congressional commission during the 12 months preceding the date of the most re- cent report under paragraph (3); (E) a foreign government’s compliance with its obligations under any trade agree- ments to which both the foreign government and the United States are parties; (F) the implications of a foreign govern- ment’s procurement plans and policies; and (G) the international competitive position and export potential of United States prod- ucts and services. (3) Report on trade enforcement priorities and actions taken to address (A) In general Not later than July 31 of each calendar year that begins after February 24, 2016, the Trade Representative shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on acts, policies, or prac- tices of foreign governments identified as trade enforcement priorities based on the consultations under paragraph (1) and the criteria set forth in paragraph (2). (B) Report in subsequent years The Trade Representative shall include, when reporting under subparagraph (A) in any calendar year after the calendar year that begins after February 24, 2016, a descrip- tion of actions taken to address any acts, policies, or practices of foreign governments identified as trade enforcement priorities under this subsection in the calendar year preceding that report and, as relevant, any calendar year before that calendar year. (b) Semiannual enforcement consultations (1) In general At the same time as the reporting under sub- section (a)(3), and not later than January 31 of each following year, the Trade Representative shall consult with the Committee on Finance