19 U.S.C. § 2419 — Administration

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