19 U.S.C. § 2415 — Implementation of actions

Page 667 TITLE 19—CUSTOMS DUTIES § 2415 Subsec. (a)(4). Pub. L. 103–465, § 314(d)(3), struck out ‘‘(other than the agreement on subsidies and counter- vailing measures described in section 2503(c)(5) of this title)’’ after ‘‘in a trade agreement’’. 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to determinations by Trade Representative for provisions relating to rec- ommendations by Trade Representative. 1984—Subsec. (a)(1). Pub. L. 98–573, § 304(d)(2)(C), sub- stituted ‘‘matters under investigation’’ for ‘‘issues raised in the petition’’ in first sentence. Subsec. (b)(2). Pub. L. 98–573, § 306(c)(2)(C)(ii), struck out ‘‘private sector’’ after ‘‘appropriate’’. 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 this section 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. § 2415. Implementation of actions (a) Actions to be taken under section 2411 (1) Except as provided in paragraph (2), the Trade Representative shall implement the ac- tion the Trade Representative determines under section 2414(a)(1)(B) of this title to take under section 2411 of this title, subject to the specific direction, if any, of the President regarding any such action, by no later than the date that is 30 days after the date on which such determination is made. (2)(A) Except as otherwise provided in this paragraph, the Trade Representative may delay, by not more than 180 days, the implementation of any action that is to be taken under section 2411 of this title— (i) if— (I) in the case of an investigation initiated under section 2412(a) of this title, the peti- tioner requests a delay, or (II) in the case of an investigation initi- ated under section 2412(b)(1) of this title or to which section 2414(a)(3)(B) of this title ap- plies, a delay is requested by a majority of the representatives of the domestic industry that would benefit from the action, or (ii) if the Trade Representative determines that substantial progress is being made, or that a delay is necessary or desirable, to ob- tain United States rights or a satisfactory so- lution with respect to the acts, policies, or practices that are the subject of the action. (B) The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 2411 of this title with respect to any investigation to which section 2414(a)(3)(A)(ii) of this title ap- plies. (C) The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 2411 of this title with respect to any investigation to which section 2414(a)(3)(B) of this title applies by more than 90 days. (b) Alternative actions in certain cases of export targeting (1) If the Trade Representative makes an af- firmative determination under section 2414(a)(1)(A) of this title involving export tar- geting by a foreign country and determines to take no action under section 2411 of this title with respect to such affirmation determination, the Trade Representative— (A) shall establish an advisory panel to rec- ommend measures which will promote the competitiveness of the domestic industry af- fected by the export targeting, (B) on the basis of the report of such panel submitted under paragraph (2)(B) and subject to the specific direction, if any, of the Presi- dent, may take any administrative actions au- thorized under any other provision of law, and, if necessary, propose legislation to implement any other actions, that would restore or im- prove the international competitiveness of the domestic industry affected by the export tar- geting, and (C) shall, by no later than the date that is 30 days after the date on which the report of such panel is submitted under paragraph (2)(B), sub- mit a report to the Congress on the adminis- trative actions taken, and legislative pro- posals made, under subparagraph (B) with re- spect to the domestic industry affected by the export targeting. (2)(A) The advisory panels established under paragraph (1)(A) shall consist of individuals ap- pointed by the Trade Representative who— (i) earn their livelihood in the private sector of the economy, including individuals who rep- resent management and labor in the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 2414(a)(1)(A) of this title, and (ii) by education or experience, are qualified to serve on the advisory panel. (B) By no later than the date that is 6 months after the date on which an advisory panel is es- tablished under paragraph (1)(A), the advisory panel shall submit to the Trade Representative and to the Congress a report on measures that the advisory panel recommends be taken by the United States to promote the competitiveness of the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 2414(a)(1)(A) of this title. (Pub. L. 93–618, title III, § 305, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 98–573, title III, § 304(g), Oct. 30, 1984, 98 Stat. 3006; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1172; Pub. L. 108–429, title II, § 2201(c), Dec. 3, 2004, 118 Stat. 2599.) Editorial Notes AMENDMENTS 2004—Subsec. (a)(2)(B). Pub. L. 108–429 substituted ‘‘section 2414(a)(3)(A)(ii)’’ for ‘‘section 2414(a)(3)(A)’’. 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.