19 U.S.C. § 2413 — Consultation upon initiation of investiga-

Page 665 TITLE 19—CUSTOMS DUTIES § 2414 of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under this section 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 a note under section 2411 of this title. § 2413. Consultation upon initiation of investiga- tion (a) In general (1) On the date on which an investigation is initiated under section 2412 of this title, the Trade Representative, on behalf of the United States, shall request consultations with the for- eign country concerned regarding the issues in- volved in such investigation. (2) If the investigation initiated under section 2412 of this title 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 con- sultation was commenced, the Trade Representative shall promptly request proceedings on the matter under the formal dis- pute settlement procedures provided under such agreement. (3) The Trade Representative shall seek infor- mation and advice from the petitioner (if any) and the appropriate committees established pur- suant to section 2155 of this title in preparing United States presentations for consultations and dispute settlement proceedings. (b) Delay of request for consultations (1) Notwithstanding the provisions of sub- section (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 pur- pose of verifying or improving the petition to ensure an adequate basis for consultation, and (B) if such consultations are delayed by rea- son of subparagraph (A), each time limitation under section 2414 of this title shall be ex- tended for the period of such delay. (2) The Trade Representative shall— (A) publish notice of any delay under para- graph (1) in the Federal Register, and (B) report to Congress on the reasons for such delay in the report required under section 2419(a)(3) of this title. (Pub. L. 93–618, title III, § 303, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98–573, title III, §§ 304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3004, 3005, 3012; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1170.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 amended section generally, re- vising and restating substantially similar provisions. 1984—Subsec. (a). Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), designated existing provisions as subsec. (a), struck out ‘‘with respect to a petition’’ after ‘‘sec- tion 2412(b) of this title’’, inserted ‘‘or the determina- tion of the Trade Representative under section 2412(c)(1) of this title’’ after ‘‘in the petition’’, and ‘‘(if any)’’ after ‘‘petitioner’’, and struck out ‘‘private sec- tor’’ after ‘‘appropriate’’. Subsec. (b). Pub. L. 98–573, § 304(e)(2), added subsec. (b). Statutory Notes and Related Subsidiaries 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 section 2414 of this title 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. § 2414. Determinations by Trade Representative (a) In general (1) On the basis of the investigation initiated under section 2412 of this title and the consulta- tions (and the proceedings, if applicable) under section 2413 of this title, the Trade Representa- tive shall— (A) determine whether— (i) the rights to which the United States is entitled under any trade agreement are being denied, or (ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of section 2411 of this title exists, and (B) if the determination made under sub- paragraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of sec- tion 2411 of this title. (2) The Trade Representative shall make the determinations required under paragraph (1) on or before— (A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to section 2412(b)(2)(A) of this title involving rights under the Agree- ment on Trade-Related Aspects of Intellectual Property Rights (referred to in section 3511(d)(15) of this title) or the GATT 1994 (as defined in section 3501(1)(B) of this title) relat- ing to products subject to intellectual prop- erty protection, the earlier of— (i) the date that is 30 days after the date on which the dispute settlement procedure is concluded, or (ii) the date that is 18 months after the date on which the investigation is initiated, or (B) in all cases not described in subpara- graph (A) or paragraph (3), the date that is 12 months after the date on which the investiga- tion is initiated. (3)(A) If an investigation is initiated under this subchapter by reason of section 2412(b)(2) of this title and— (i) the Trade Representative considers that rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the