19 U.S.C. § 2416 — Monitoring of foreign compliance

Page 668 TITLE 19—CUSTOMS DUTIES § 2416 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to implementation of ac- tions for provisions relating to requests for informa- tion. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c). 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. § 2416. Monitoring of foreign compliance (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 sub- chapter or subject to dispute settlement pro- ceedings 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 satis- factorily implementing a measure or agree- ment 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. For purposes of section 2411 of this title, any such deter- mination shall be treated as a determination made under section 2414(a)(1) of this title. (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 dis- pute settlement proceedings under the World Trade Organization, and the Trade Rep- resentative considers that the foreign coun- try has failed to implement it, the Trade Representative shall make the determina- tion in paragraph (1) no later than 30 days after the expiration of the reasonable period of time provided for such implementation under paragraph 21 of the Understanding on Rules and Procedures Governing the Settle- ment of Disputes that is referred to in sec- tion 3511(d)(16) of this title. (B) Revision of retaliation list and action (i) In general Except as provided in clause (ii), in the event that the United States initiates a re- taliation list or takes any other action de- scribed in section 2411(c)(1)(A) or (B) of this title against the goods of a foreign country or countries because of the failure of such country or countries to implement the recommendation made pursuant to a dispute settlement proceeding under the World Trade Organization, the Trade Rep- resentative shall periodically revise the list or action to affect other goods of the country or countries that have failed to implement the recommendation. (ii) Exception The Trade Representative is not required to revise the retaliation list or the action described in clause (i) with respect to a country, if— (I) the Trade Representative deter- mines that implementation of a rec- ommendation made pursuant to a dis- pute settlement proceeding described in clause (i) by the country is imminent; or (II) the Trade Representative together with the petitioner involved in the ini- tial investigation under this subchapter (or if no petition was filed, the affected United States industry) agree that it is unnecessary to revise the retaliation list. (C) Schedule for revising list or action The Trade Representative shall, 120 days after the date the retaliation list or other section 2411(a) action is first taken, and every 180 days thereafter, review the list or action taken and revise, in whole or in part, the list or action to affect other goods of the subject country or countries. (D) Standards for revising list or action In revising any list or action against a country or countries under this subsection, the Trade Representative shall act in a man- ner that is most likely to result in the coun- try or countries implementing the rec- ommendations adopted in the dispute settle- ment proceeding or in achieving a mutually satisfactory solution to the issue that gave rise to the dispute settlement proceeding. The Trade Representative shall consult with the petitioner, if any, involved in the initial investigation under this subchapter. (E) Retaliation list The term ‘‘retaliation list’’ means the list of products of a foreign country or countries that have failed to comply with the report of the panel or Appellate Body of the WTO and with respect to which the Trade Representa- tive is imposing duties above the level that would otherwise be imposed under the Har- monized Tariff Schedule of the United States. (F) Requirement to include reciprocal goods on retaliation list The Trade Representative shall include on the retaliation list, and on any revised lists, reciprocal goods of the industries affected by the failure of the foreign country or coun- tries to implement the recommendation made pursuant to a dispute settlement pro- ceeding under the World Trade Organization, except in cases where existing retaliation and its corresponding preliminary retalia- tion list do not already meet this require- ment. 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 Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(2)(E), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. AMENDMENTS 2016—Subsec. (b). Pub. L. 114–125, § 602(b)(2), sub- stituted ‘‘Action on the basis of monitoring’’ for ‘‘Fur- ther action’’ in heading. Subsec. (c). Pub. L. 114–125, § 602(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 114–125, § 602(a)(1), (b)(3), redesig- nated subsec. (c) as (d) and inserted ‘‘or (c)’’ after ‘‘sub- section (b)’’ in introductory provisions. 2000—Subsec. (b)(2). Pub. L. 106–200 designated exist- ing provisions as subpar. (A), inserted heading, and added subpars. (B) to (F). 1996—Subsec. (b)(1). Pub. L. 104–295 made technical amendment to Pub. L. 103–465. See 1994 Amendment note below. 1994—Subsecs. (a), (b). Pub. L. 103–465, as amended by Pub. L. 104–295, amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) read as fol- lows: ‘‘(a) IN GENERAL.—The Trade Representative shall monitor the implementation of each measure under- taken, or agreement of a kind described in clause (i), (ii), or (iii) of section 2411(a)(2)(B) of this title that is entered into under subsection (a) or (b) of section 2411 of this title, by a foreign country— ‘‘(1) to enforce the rights of the United States under any trade agreement, or ‘‘(2) to eliminate any act, policy, or practice de- scribed in subsection (a)(1)(B) or (b)(1) of section 2411 of this title. ‘‘(b) FURTHER ACTION.—If, on the basis of the moni- toring carried out under subsection (a) of this section, the Trade Representative considers that a foreign coun- try is not satisfactorily implementing a measure or agreement referred to in subsection (a) of this section, the Trade Representative shall determine what further action the Trade Representative shall take under sec- tion 2411(a) of this title. For purposes of section 2411 of this title, any such determination shall be treated as a determination made under section 2414(a)(1) of this title.’’ 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to monitoring of foreign compliance for provisions relating to administration. See section 2419 of this title. 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 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. § 2417. Modification and termination of actions (a) In general (1) The Trade Representative may modify or terminate any action, subject to the specific di- rection, if any, of the President with respect to such action, that is being taken under section 2411 of this title if— (A) any of the conditions described in sec- tion 2411(a)(2) of this title exist, (B) the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the sub- ject of such action has increased or decreased, or (C) such action is being taken under section 2411(b) of this title and is no longer appro- priate. (2) Before taking any action under paragraph (1) to modify or terminate any action taken under section 2411 of this title, the Trade Rep- resentative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide oppor- tunity for the presentation of views by other in- terested persons affected by the proposed modi- fication or termination concerning the effects of the modification or termination and whether any modification or termination of the action is appropriate. (b) Notice; report to Congress The Trade Representative shall promptly pub- lish in the Federal Register notice of, and report