19 U.S.C. § 2417 — Modification and termination of actions

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 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