19 U.S.C. § 2412 — Initiation of investigations

Page 664 TITLE 19—CUSTOMS DUTIES § 2412 § 2412. 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 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 pe- tition, shall determine whether to initiate an in- vestigation. (3) If the Trade Representative determines not to initiate an investigation with respect to a pe- tition, 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 af- firmative determination under paragraph (2) with respect to a petition, the Trade Represent- ative shall initiate an investigation regarding the issues raised in the petition. The Trade Rep- resentative shall publish a summary of the peti- tion in the Federal Register and shall, as soon as possible, provide opportunity for the presen- tation 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 pe- riod 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 initiated under this subchapter with respect to any matter in order to determine whether the matter is ac- tionable under section 2411 of this title, the Trade Representative shall publish such deter- mination in the Federal Register and shall ini- tiate such investigation. (B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees estab- lished pursuant to section 2155 of this title. (2)(A) By no later than the date that is 30 days after the date on which a country is identified under section 2242(a)(2) of this title, the Trade Representative shall initiate an investigation under this subchapter with respect to any act, policy, or practice of that country that— (i) was the basis for such identification, and (ii) is not at that time the subject of any other investigation or action under this sub- chapter. (B) The Trade Representative is not required under subparagraph (A) to initiate an investiga- tion under this subchapter with respect to any act, policy, or practice of a foreign country if the Trade Representative determines that the initiation of the investigation would be detri- mental to United States economic interests. (C) If the Trade Representative makes a deter- mination under subparagraph (B) not to initiate an investigation, the Trade Representative shall submit to the Congress a written report setting forth, in detail— (i) the reasons for the determination, and (ii) the United States economic interests that would be adversely affected by the inves- tigation. (D) The Trade Representative shall, from time to time, consult with the Register of Copyrights, the Under Secretary of Commerce for Intellec- tual Property and Director of the United States Patent and Trademark Office, and other appro- priate officers of the Federal Government, dur- ing any investigation initiated under this sub- chapter by reason of subparagraph (A). (c) Discretion In determining whether to initiate an inves- tigation under subsection (a) or (b) of any act, policy, or practice that is enumerated in any provision of section 2411(d) of this title, the Trade Representative shall have discretion to determine whether action under section 2411 of this title would be effective in addressing such act, policy, or practice. (Pub. L. 93–618, title III, § 302, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98–573, title III, § 304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584.) Editorial Notes PRIOR PROVISIONS A prior section 302 of Pub. L. 93–618, title III, Jan. 3, 1975, 88 Stat. 2043, which related to the procedure for Congressional disapproval of certain actions taken by the President to eliminate foreign import restrictions and export subsidies and which was classified to this section, was omitted in the general revision of chapter 1 of title III of Pub. L. 93–618 by Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 295. AMENDMENTS 1999—Subsec. (b)(2)(D). Pub. L. 106–113 substituted ‘‘Under Secretary of Commerce for Intellectual Prop- erty and Director of the United States Patent and Trademark Office’’ for ‘‘Commissioner of Patents and Trademarks’’. 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to initiating investiga- tions with or without petitions and discretion of Trade Representative for provisions relating to filing and de- terminations on petitions for investigations and inves- tigations initiated by Trade Representative. 1984—Pub. L. 98–573 amended section generally, sub- stituting ‘‘United States Trade Representative’’ and ‘‘Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’ and ‘‘Special Representative’’, respectively, substituting ‘‘the reasons’’ for ‘‘his rea- sons’’ in subsec. (b)(1), substituting ‘‘a summary’’ for ‘‘the text’’ in subsec. (b)(2), striking out the comma after ‘‘petitioner)’’ in subsec. (b)(2)(A), and inserting ‘‘or by any interested person’’ after ‘‘petitioner’’ in subsec. (b)(2)(B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] 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