§ 2413. Consultation upon initiation of investigation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Trade Act of 1974

   Pub. L. 93–618 title III § 303 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2413

   Pub. L. 93–618, title III, § 303, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297

   Source evidence

   Code source credit
   Pub. L. 93–618, title III, § 303, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297

2. 1984

   International Trade and Investment Act

   Pub. L. 98–573 title III · 98 Stat. 2948

   1. Amended · 19 U.S.C. § 2413(a)

      Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), designated existing provisions as subsec. (a)

   2. Struck · 19 U.S.C. § 2413(a)

      Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), struck out “with respect to a petition” after “section 2412(b) of this title”

   3. Inserted · 19 U.S.C. § 2413(a)

      Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), inserted “or the determination of the Trade Representative under section 2412(c)(1) of this title” after “in the petition”, and “(if any)” after “petitioner”

   4. Struck · 19 U.S.C. § 2413(a)

      Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), struck out “private sector” after “appropriate”

   Source evidence

   Code amendment note
   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 “section 2412(b) of this title”, inserted “or the determination 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 sector” after “appropriate”.

   Enacted provision · exact public law
   TITLE III— INTERNATIONAL TRADE AND INVESTMENT SEC. 301. SHORT TITLE; AMENDMENT OF TRADE ACT OF 1974. (a) This title may be cited as the “International Trade and Investment Act”. (b) Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Trade 19 USC 2101. Act of 1974. SEC. 302. STATEMENT OF PURPOSES. The purposes of this title are— (1) to foster the economic growth of, and full employment in, the United States by expanding competitive United States exports through the achievement of commercial opportunities in foreign markets substantially equivalent to those accorded by the United States; (2) to improve the ability of the President— (A) to identify and to analyze barriers to (and restrictions on) United States trade and investment, and (B) to achieve the elimination of such barriers and restrictions; (3) to encourage the expansion of— (A) international trade in services through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate barriers to international trade in services, and (B) United States service industries in foreign commerce; and (4) to enhance the free flow of foreign direct investment through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate the trade distortive effects of certain investment-related measures. SEC. 303. ANALYSIS OF FOREIGN TRADE BARRIERS. (a) Title I (19 U.S.C. 2111 et seq.) is amended by adding at the end thereof the following new chapter: “CHAPTER 8— BARRIERS TO MARKET ACCESS “SEC. 181. ACTIONS CONCERNING BARRIERS TO MARKET ACCESS. “(a) National Trade Estimates.— “(1) In general.— Not later than the date on which the initial report is required under subsection (b)(1), the United States Trade Representative, through the interagency trade organization established pursuant to section 242(a) of the Trade Expansion Act of 1962 shall– 19 USC 1872. “(A) identify and analyze acts, policies, or practices which constitute significant barriers to, or distortions of— “(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons), and “(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; and “(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A). “(2) Certain factors taken into account in making analysis and estimate.— In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account— “(A) the relative impact of the act, policy, or practice on United States commerce; “(B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice; “(C) the extent to which such act, policy, or practice is subject to international agreements to which the United States is a party; and “(D) any advice given through appropriate committees established pursuant to section 135. 19 USC 2155. “(3) Annual revisions and updates.— The Trade Representative shall annually revise and update the analysis and estimate under paragraph (1). “(b) Report to Congress.— “(1) In general.— On or before the date which is one year after the date of the enactment of the International Trade and Ante, p. 3000. Investment Act, and each year thereafter, the Trade Representative shall submit the analysis and estimate under subsection (a) to the Committee on Finance of the Senate and to the Committee on Ways and Means of the House of Representatives. “(2) Reports to include information with respect to action being taken.— The Trade Representative shall include in each report submitted under paragraph (1) information with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsection (a), including, but not limited to— “(A) any action under section 301, or “(B) negotiations or consultations with foreign governments. “(3) Consultation with congress on trade policy priorities.— The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. “(c) Assistance of Other Agencies.— “(1) Furnishing of information.— The head of each department or agency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. “(2) Restrictions on release or use of information.— Nothing in this subsection shall authorize the release of information to, or the use of information by, the Trade Representative in a manner inconsistent with law or any procedure established pursuant thereto. “(3) Personnel and services.— The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Trade Representative may request to assist in carrying out his functions.”. (b) The table of contents for title I is amended by adding at the end thereof the following: “Chapter 8— Barriers to Market Access “Sec. 181. Actions concerning barriers to market access.”. SEC. 304. AMENDMENTS TO TITLE III OF THE TRADE ACT OF 1974. (a) Section 301(a) (19 U.S.C. 2411(a)) is amended to read as follows: “(a) Determinations Requiring Action.— “(1) In general.— If the President determines that action by the United States is appropriate— “(A) to enforce the rights of the United States under any trade agreement; or “(B) to respond to any act, policy, or practice of a foreign country or instrumentality that— “(i) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or “(ii) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President shall take all appropriate and feasible action within his power to enforce such rights or to obtain the elimination of such act, policy, or practice. “(2) Scope of action.— The President may exercise his authority under this section with respect to any goods or sector— “(A) on a nondiscriminatory basis or solely against the foreign country or instrumentality involved, and “(B) without regard to whether or not such goods or sector were involved in the act, policy, or practice identified under paragraph (1).”. (b) Section 301(b) (19 U.S.C. 2411(b)) is amended— (1) by striking out “and” at the end of paragraph (1); (2) by inserting “, notwithstanding any other provision of law,” before “fees” in paragraph (2); and (3) by striking out ‘’products” in paragraph (2) and inserting in lieu thereof “goods”. (c) Section 301 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: “(c) Additional Actions on Services.— “(1) In general.— Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in subsection (b), the President may— “(A) restrict, in the manner and to the extent the President deems appropriate, the terms and conditions of any such authorization, or “(B) deny the issuance of any such authorization. “(2) Affected authorizations.— Actions under paragraph (1) shall apply only with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which— “(A) a petition is filed under section 302(a), or Infra. “(B) a determination to initiate an investigation is made by the United States Trade Representative (hereinafter in this chapter referred to as the ‘Trade Representative’) under section 302(c). “(3) Consultation.— Before the President takes action under subsection (b) or (c) involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned.” (d) (1) Section 302 (19 U.S.C. 2412) is amended to read as follows: “SEC. 302. INITIATION OF INVESTIGATIONS BY UNITED STATES TRADE REPRESENTATIVE. “(a) Filing of Petition.— “(1) In general.— Any interested person may file a petition with the United States Trade Representative (hereinafter in this chapter referred to as the ‘Trade Representative’) requesting Ante, p. 3002. the President to take action under section 301 and setting forth the allegations in support of the request. “(2) Review of allegations.— The Trade Representative shall review the allegations in the petition and, not later than forty-five days after the date on which he received the petition, shall determine whether to initiate an investigation. “(b) Determinations Regarding Petitions.— “(1) Negative determination.— If the Trade Representative determines not to initiate an investigation with respect to a petition, he 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. “(2) Affirmative determination.— If the Trade Representative determines to initiate an investigation with respect to a petition, he shall initiate an investigation regarding the issues raised. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing— “(A) within the thirty-day period after the date of the determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period 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. “(c) Determination To Initiate by Motion of Trade Representative.— “(1) Determination to initiate.— If the Trade Representative determines with respect to any matter that an investigation should be initiated in order to advise the President concerning the exercise of the President’s authority under section 301, the Trade Representative shall publish such determination in the Federal Register and such determination shall be treated as an affirmative determination under subsection (b)(2). “(2) Consultation before initiation.— The Trade Representative shall, before making any determination under paragraph (1), consult with appropriate committees established pursuant to 19 USC 2155. 19 USC 2171. section 135.”. (2) (A) Section 141(d) is amended— (i) by striking out “and” at the end of paragraph (6), (ii) by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon and “and”, and (iii) by adding at the end thereof the following new paragraph: “(8) provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating thereto were made.”. (B) Section 303 (19 U.S.C. 2413) is amended— (i) by striking out “with respect to a petition”; (ii) by inserting “or the determination of the Trade Representative Ante, p. 3003. under section 302(c)(1)” after “in the petition”; and (iii) by inserting “(if any)” after “petitioner”. (C) Section 304 (19 U.S.C. 2414) is amended by striking out “issues raised in the petition” and inserting in lieu thereof “matters under investigation” in paragraph (1) of subsection (a). (D) The item relating to section 302 in the table of contents is amended to read as follows: “Sec. 302. Initiation of Investigations by United States Trade Representative.”. (e) Section 303 (19 U.S.C. 2413) is amended— (1) by inserting “(a) In General.—” before “On”; and (2) by adding at the end thereof the following new subsection: “(b) Delay of Request for Consultations for Up to 90 Days.— “(1) In general.— Notwithstanding the provisions of subsection (a)— “(A) the United States Trade Representative may delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and “(B) if such consultations are delayed by reason of subparagraph (A), each time limitation under section 304 shall 19 USC 2414. be extended for the period of such delay. “(2) Notice and report.— The Trade Representative shall— “(A) publish notice of any delay under paragraph (1) in Federal Register, publication. the Federal Register, and “(B) report to Congress on the reasons for such delay in the report required by section 306.”. 19 USC 2416. (f) (1) Paragraph (1) of section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended to read as follows: “(1) Commerce.— The term ‘commerce’ includes, but is not limited to— “(A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and “(B) foreign direct investment by United States persons with implications for trade in goods or services.”. (2) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by adding at the end thereof the following new paragraphs: “(3) Unreasonable.— The term ‘unreasonable’ means any act, policy, or practice which, while not necessarily in violation of or inconsistent with the international legal rights of the United States, is otherwise deemed to be unfair and inequitable. The term includes, but is not limited to, any act, policy, or practice which denies fair and equitable— “(A) market opportunities; “(B) opportunities for the establishment of an enterprise; or “(C) provision of adequate and effective protection of intellectual property rights. “(4) Unjustifiable.— “(A) In general.— The term ‘unjustifiable’ means any act, policy, or practice which is in violation of, or inconsistent with, the international legal rights of the United States. “(B) Certain actions included.— The term ‘unjustifiable’ includes, but is not limited to, any act, policy, or practice described in subparagraph (A) which denies national or most-favored-nation treatment, the right of establishment, or protection of intellectual property rights. “(5) Definition of discriminatory.— The term ‘discriminatory’ includes, where appropriate, any act, policy, or practice which denies national or most-favored-nation treatment to United States goods, services, or investment. “(6) Service sector access authorization.— The term ‘service sector access authorization’ means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.”. (3) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by striking out the heading and inserting in lieu thereof: “(e) Definitions; Special Rule for Vessel Construction Subsidies.— For purposes of this section–”. (g) Section 305 of the Trade Act of 1974 (19 U.S.C. 2415) is amended by adding at the end thereof the following new subsection: “(c) Certain Business Information Not Made Available.— “(1) In general.— Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5, United States Code), no information requested and received by the Trade Representative in aid of any investigation under this chapter shall be made available to any person if— “(A) the person providing such information certifies that— “(i) such information is business confidential, “(ii) the disclosure of such information would endanger trade secrets or profitability, 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 prescribed by the Trade Representative, the person providing such information provides an adequate non-confidential summary of such information. “(2) Use of information.— The Trade Representative may— “(A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this chapter, or “(B) may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information.”. SEC. 305. NEGOTIATING OBJECTIVES WITH RESPECT TO INTERNATIONAL TRADE IN SERVICES AND INVESTMENT AND HIGH TECHNOLOGY INDUSTRIES. (a) (1) Chapter 1 of title I is amended by inserting immediately after section 104 the following new section: “SEC. 104A. NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH TECHNOLOGY PRODUCTS. “(a) Trade in Service “(1) In general.— Principal United States negotiating objectives 19 USC 2112. under section 102 shall be— “(A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and “(B) to develop internationally agreed rules, including dispute settlement procedures, which— “(i) are consistent with the commercial policies of the United States, and “(ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services. “(2) Domestic objectives.— In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. “(b) Foreign Direct Investment.— “(1) In general.— Principal United States negotiating objectives under section 102 shall be– 19 USC 2112. “(A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and “(B) to develop internationally agreed rules, including dispute settlement procedures, which— “(i) will help ensure a free flow of foreign direct investment, and “(ii) will reduce or eliminate the trade distortive effects of certain investment related measures. “(2) Domestic objectives.— In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto. “(c) High Technology Products.— Principal United States negotiating objectives shall be— “(1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services; “(2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 181, with particular Ante, p. 3001. consideration given to the nature and extent of foreign Eminent intervention affecting United States exports of technology products or investments in high technology industries, including— “(A) foreign industrial policies which distort international trade or investment; “(B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries; “(C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights); “(D) measures which impair access to domestic markets for key commodity products; and “(E) measures which facilitate or encourage anticompetitive market practices or structures; “(3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services; “(4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services; “(5) to obtain commitments to foster national treatment; “(6) to obtain commitments to— “(A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and “(B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and “(7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data. “(d) Definition of Barriers and Other Distortions.— For purposes of subsection (a), the term ‘barriers to, or other distortions of, international trade in services’ includes, but is not limited to— “(1) barriers to establishment in foreign markets, and “(2) restrictions on the operation of enterprises in foreign markets, including— “(A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and “(B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.”. (2) The table of contents for chapter 1 of title I is amended by inserting after the item relating to section 104 the following new item: “Sec. 104A. Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products.”. SEC. 306. PROVISIONS RELATING TO INTERNATIONAL TRADE IN SERVICES. (a) (1) The Secretary of Commerce shall establish a service industries development program designed to— (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce; (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries; (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to— (i) policies of foreign governments toward foreign and United States service industries; (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade; (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector; (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports; (v) treatment of services under international agreements of the United States; (vi) antitrust policies as such policies affect the competitiveness of United States firms; and (vii) treatment of services in international agreements of the United States; (D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and (E) conduct sectoral studies of domestic service industries. (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services. (3) On not less than a biennial basis beginning in 1986, the Report. Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report. (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes. (5) For purposes of this section, the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism. (b) (1) The International Investment Survey Act of 1976 (Public International Investment and Trade in Services Survey Act. 22 USC 3101 note. Law 94–472; 22 U.S.C. 3101, et seq.) is hereby redesignated the “International Investment and Trade in Services Survey Act”. (2) (A) Subsection (a) of section 2 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3301) is amended— (i) by striking out “and” at the end of paragraph (6); (ii) by inserting “and trade in services” after “international investment” in paragraph (7); (iii) by redesignating paragraph (7) as paragraph (9); and (iv) by inserting after paragraph (6) the following new paragraphs: “(7) United States service industries engaged in interstate and foreign commerce account for a substantial part of the labor force and gross national product of the United States economy, and such commerce is rapidly increasing; “(8) international trade and services is an important issue for international negotiations and deserves priority in the attention of governments, international agencies, negotiators, and the private sector; and”. (B) Subsection (b) of section 2 of such Act is amended— (i) by inserting “and United States foreign trade in services, whether directly or by affiliates, including related information necessary for assessing the impact of such investment and trade,” after “international investment” the first place it appears; and (ii) by inserting “and trade in services” after “international investment” the second place it appears. (C) Subsection (c) of section 2 of such Act is amended by striking out “or United States investment abroad” and inserting in lieu thereof “, United States investment abroad, or trade in services”. (3) Paragraph (3) of section 4(a) of such Act (22 U.S.C. 3103(a)(3)) is amended— (A) by inserting “Finance” after “to the Committees on”, and (B) by striking out “the Committee on Foreign Affairs” and inserting in lieu thereof “the Committees on Ways and Means, Energy and Commerce, and Foreign Affairs”. (4) (A) Subsection (a) of section 4 of such Act (22 U.S.C. 3103(a)) is amended— (i) by striking out “presentation relating to international investment” in paragraph (3) and inserting in lieu thereof “presentation”; (ii) by inserting “and trade in services” after “international investment” each place it appears in paragraphs (1), (2), and (3); (iii) by striking out “and” at the end of paragraph (3); (iv) by redesignating paragraph (4) as paragraph (5); and (v) by inserting after paragraph (3) the following new paragraph: “(4) conduct (not more frequently than once every five years and in addition to any other surveys conducted pursuant to paragraphs (1) and (2)) benchmark surveys with respect to trade in services between unaffiliated United States persons and foreign persons; and”. (B) Subparagraph (C) of section 4(b)(2) of such Act is amended by inserting “(including trade in both goods and services)” after “regarding trade”. (C) Subsection (f) of section 4 of such Act is amended by inserting “and trade in services” after “international investment”. (5) Subsection (b) of section 5 of such Act (22 U.S.C. 3104) is amended by striking out “international investment” each place it appears. (c) (1) (A) The United States Trade Representative, through the interagency trade organization established pursuant to section 19 USC 1872. 242(a) of the Trade Expansion Act of 1962 or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services. (B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services— (i) each department or agency of the United States responsible for the regulation of any service sector industry snail, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department’s or agency’s attention with respect to— (I) the treatment afforded United States service sector interest in foreign markets; or (II) allegations of unfair practices by foreign governments or companies in a service sector; and (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives and the domestic implementation of service-related agreements. (C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector. (2) (A) The President shall, as he deems appropriate– President of U.S. (i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non–Federal governments, or their procurement of goods and services; (ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the matters described in clause (i); and (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in services. (B) Section 135 (19 U.S.C. 2155) is amended– (i) by inserting “and the non–Federal governmental sector” after “private sector” in subsection (a), (ii) by adding at the end of subsection (c) the following new paragraph: “(3) The President— “(A) may establish policy advisory committees representing non–Federal governmental interests to provide, where the President finds it necessary, policy advice— “(i) on matters referred to in subsection (a), and “(ii) with respect to implementation of trade agreements, and “(B) shall include as members of committees established under subparagraph (A) representatives of non–Federal governmental interests if he finds such inclusion appropriate after consultation by the United States Trade Representative with such representatives.”; (iii) by inserting “or non–Federal government” after “private” each place it appears in subsections (g) and (j); (iv) by inserting “government,” before “labor” in subsection (j); and (v) by adding at the end thereof the following new subsection: “(n) Non–Federal Government Defined.— The term ‘non–Federal government’ means— “(1) any State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or “(2) any agency or instrumentality of any entity described in paragraph (1).”; and (vi) by inserting “or Public” after “Private” in the heading thereof. (C) (i) Section 104(c) (19 U.S.C. 2114(c)) is amended by inserting “or non–Federal governmental” after “private”. (ii) Section 303 (19 U.S.C. 2413) and section 304(b)(2) (19 U.S.C. 2414(b)(2)) are each amended by striking out “private sector”. (iii) The table of sections for chapter 3 of title I is amended by inserting “and public” after “private” in the item relating to section 135. SEC. 307. NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT INVESTMENT. (a) Paragraph (3) of section 102(g) (19 U.S.C. 2112(g)(3)) is amended to read as follows: “(3) the term ‘international trade’ includes— “(A) trade in both goods and services, and “(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.”. (b) (1) If the United States Trade Representative, with the advice of the committee established by section 242 of the Trade Expansion of 1962 (19 U.S.C. 1872), determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned. (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) or paragraph (3) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before the date of enactment of this Act, or (B) any written commitment relating to a foreign direct investment that is binding on the date of enactment of this Act has been made directly or indirectly by any United States person. (4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 123 of the Trade Act of 1974 (19 U.S.C. 2133) for providing compensation for actions taken under section 203 of that Act. Ante, p. 3003. SEC. 308. NEGOTIATION OF AGREEMENTS CONCERNING HIGH TECHNOLOGY INDUSTRIES. (a) The President may enter into such bilateral or multilateral 19 USC 2114e. agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under section 104A(c) of the Trade Act of 1974. Ante, p. 3006. (b) (1) Chapter 2 of title I is amended by inserting at the end thereof the following new section: “SEC. 128. MODIFICATION AND CONTINUANCE OF TREATMENT WITH RESPECT TO DUTIES ON HIGH TECHNOLOGY PRODUCTS. “(a) In order to carry out any agreement concluded as a result of the negotiating objectives under section 104A(c), the President may 19 USC 2151 et seq. proclaim, subject to the provisions of chapter 3— “(1) such modification, elimination, or continuance of any existing duty, duty-free, or excise treatment, or “(2) such additional duties, as he deems appropriate. “(b) The President shall exercise his authority under subsection (a) only with respect to the following items listed in the Tariff Schedules of the United States (19 U.S.C. 1202): “(1) Transistors (provided for in item 587.70, part 5, schedule 6). “(2) Diodes and rectifiers (provided for in item 687.72, part 5, schedule 6). “(3) Monolithic integrated circuits (provided for in item 687.74, part 5, schedule 6). “(4) Other integrated circuits (provided for in item 687.77, part 5, schedule 6). “(5) Other components (provided for in item 687.81, part 5, schedule 6). “(6) Parts of semiconductors (provided for in item 687.85, part 5, schedule 6). “(7) Parts of automatic data-processing machines and units thereof (provided for in item 676.52, part 4G, schedule 6) other than parts incorporating a cathode ray tube. “(c) Termination.— The President may exercise his authority under this section only during the 5-year period beginning on the date of the enactment of the International Trade and Investment Act.”. (2) The table of contents of chapter 1 of title I is amended by adding at the end thereof the following new item: “Sec. 128. Modification and continuance of treatment with respect to duties on high technology products.”.

3. 1984

   International Trade and Investment Act

   Pub. L. 98–573 § 304(e)(2) · 98 Stat. 2948

   Added · 19 U.S.C. § 2413(b)

   Pub. L. 98–573, § 304(e)(2), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–573, § 304(e)(2), added subsec. (b).

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new subsection: “(b) Delay of Request for Consultations for Up to 90 Days.— “(1) In general.— Notwithstanding the provisions of subsection (a)— “(A) the United States Trade Representative may delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and “(B) if such consultations are delayed by reason of subparagraph (A), each time limitation under section 304 shall 19 USC 2414. be extended for the period of such delay. “(2) Notice and report.— The Trade Representative shall— “(A) publish notice of any delay under paragraph (1) in Federal Register, publication. the Federal Register, and “(B) report to Congress on the reasons for such delay in the report required by section 306.”. 19 USC 2416.

4. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1301(a) · 102 Stat. 1107

   Amended · 19 U.S.C. § 2413

   Pub. L. 100–418 amended section generally, revising and restating substantially similar provisions

   Source evidence

   Code amendment note
   Pub. L. 100–418 amended section generally, revising and restating substantially similar provisions.

   Enacted provision · exact public law section
   (a) In General.— Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended to read as follows: “CHAPTER 1— ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES “SEC. 301. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. “(a) Mandatory Action.— “(1) If the United States Trade Representative determines under section 304(a)(1) that— “(A) the rights of the United States under any trade agreement are being denied; or “(B) an act, policy, or practice of a foreign country— “(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or “(ii) is unjustifiable and burdens or restricts United States commerce; the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. “(2) The Trade Representative is not required to take action under paragraph (1) in any case in which— “(A) the Contracting Parties to the General Agreement on Tariffs and Trade have determined, a panel of experts has reported to the Contracting Parties, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that— “(i) the rights of the United States under a trade agreement are not being denied, or “(ii) the act, policy, or practice— “(I) is not a violation of, or inconsistent with, the rights of the United States, or “(II) does not deny, nullify, or impair benefits to the United States under any trade agreement; or “(B) the Trade Representative finds that— “(i) the foreign country is taking satisfactory measures to grant the rights of the United States under a trade agreement, “(ii) the foreign country has— “(I) agreed to eliminate or phase out the act, policy, or practice, or “(II) agreed to an imminent solution to the burden or restriction on United States commerce that is satisfactory to the Trade Representative, “(iii) it is impossible for the foreign country to achieve the results described in clause (i) or (ii), as appropriate, but the foreign country agrees to provide to the United States compensatory trade benefits that are satisfactory to the Trade Representative, “(iv) in extraordinary cases, where the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this chapter, or “(v) the taking of action under this subsection would cause serious harm to the national security of the United States. “(3) Any action taken under paragraph (1) to eliminate an act, policy, or practice shall be devised so as to affect goods or services of the foreign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States commerce. “(b) Discretionary Action.— If the Trade Representative determines under section 304(a)(1) that— “(1) an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, and “(2) action by the United States is appropriate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific direction, if any, of the President regarding any such action, and all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to obtain the elimination of that act, policy, or practice. “(c) Scope of Authority.— “(1) For purposes of carrying out the provisions of subsection (a) or (b), the Trade Representative is authorized to— “(A) suspend, withdraw, or prevent the application of, benefits of trade agreement concessions to carry out a trade agreement with the foreign country referred to in such subsection; “(B) impose duties or other import restrictions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative determines appropriate; or “(C) enter into binding agreements with such foreign country that commit such foreign country to— “(i) eliminate, or phase out, the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), “(ii) eliminate any burden or restriction on United States commerce resulting from such act, policy, or practice, or “(iii) provide the United States with compensatory trade benefits that— “(I) are satisfactory to the Trade Representative, and “(II) meet the requirements of paragraph (4). “(2) (A) Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in paragraph (1), the Trade Representative may, for purposes of carrying out the provisions of subsection (a) or (b)— “(i) restrict, in the manner and to the extent the Trade Representative determines appropriate, the terms and conditions of any such authorization, or “(ii) deny the issuance of any such authorization. “(B) Actions described in subparagraph (A) may only be taken under this section with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which— “(i) a petition is filed under section 302(a), or “(ii) a determination to initiate an investigation is made by the Trade Representative under section 302(b). “(C) Before the Trade Representative takes any action under this section involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned. “(3) The actions the Trade Representative is authorized to take under subsection (a) or (b) may be taken against any goods or economic sector— “(A) on a nondiscriminatory basis or solely against the foreign country described in such subsection, and “(B) without regard to whether or not such goods or economic sector were involved in the act, policy, or practice that is the subject of such action. “(4) Any trade agreement described in paragraph (1)(C)(iii) shall provide compensatory trade benefits that benefit the economic sector which includes the domestic industry that would benefit from the elimination of the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), or benefit the economic sector as closely related as possible to such economic sector, unless— “(A) the provision of such trade benefits is not feasible, or “(B) trade benefits that benefit any other economic sector would be more satisfactory than such trade benefits. “(5) In taking actions under subsection (a) or (b), the Trade Representative shall— “(A) give preference to the imposition of duties over the imposition of other import restrictions, and “(B) if an import restriction other than a duty is imposed, consider substituting, on an incremental basis, an equivalent duty for such other import restriction. “(6) Any action taken by the Trade Representative under this section with respect to export targeting shall, to the extent possible, reflect the full benefit level of the export targeting to the beneficiary over the period during which the action taken has an effect. “(d) Definitions and Special Rules.— For purposes of this chapter— “(1) The term “commerce” includes, but is not limited to— “(A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and “(B) foreign direct investment by United States persons with implications for trade in goods or services. “(2) An act, policy, or practice of a foreign country that Maritime affairs. burdens or restricts United States commerce may include the provision, directly or indirectly, by that foreign country of subsidies for the construction of vessels used in the commercial transportation by water of goods between foreign countries and the United States. “(3) (A) An act, policy, or practice is unreasonable if the act, policy, or practice, while not necessarily in violation of, or inconsistent with, the international legal rights of the United States, is otherwise unfair and inequitable. “(B) Acts, policies, and practices that are unreasonable include, but are not limited to, any act, policy, or practice, or any combination of acts, policies, or practices, which— “(i) denies fair and equitable— “(I) opportunities for the establishment of an enterprise, “(II) provision of adequate and effective protection of Copyrights. Patents and trademarks. intellectual property rights, or “(III) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by private firms or among private firms in the foreign country that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods to purchasing by such firms, “(ii) constitutes export targeting, or “(iii) constitutes a persistent pattern of conduct that— “(I) denies workers the right of association, “(II) denies workers the right to organize and bargain collectively, “(III) permits any form of forced or compulsory labor, “(IV) fails to provide a minimum age for the employment Children and youth. Wages. Safety. of children, or “(V) fails to provide standards for minimum wages, hours of work, and occupational safety and health of workers. “(C) (i) Acts, policies, and practices of a foreign country described in subparagraph (B)(iii) shall not be treated as being unreasonable if the Trade Representative determines that— “(I) the foreign country has taken, or is taking, actions that demonstrate a significant and tangible overall advancement in providing throughout the foreign country (including any designated zone within the foreign country) the rights and other standards described in the subclauses of subparagraph (B)(iii), or “(II) such acts, policies, and practices are not inconsistent with the level of economic development of the foreign country. “(ii) The Trade Representative shall publish in the Federal Register any determination made under clause (i), together with a description of the facts on which such determination is based. “(D) For purposes of determining whether any act, policy, or practice is unreasonable, reciprocal opportunities in the United States for foreign nationals and firms shall be taken into ac-count, to the extent appropriate. “(E) The term ‘export targeting’ means any government plan or scheme consisting of a combination of coordinated actions (whether carried out severally or jointly) that are bestowed on a specific enterprise, industry, or group thereof, the effect of which is to assist the enterprise, industry, or group to become more competitive in the export of a class or kind of merchandise. “(4) (A) An act, policy, or practice is unjustifiable if the act, policy, or practice is in violation of, or inconsistent with, the international legal rights of the United States. “(B) Acts, policies, and practices that are unjustifiable include, but are not limited to, any act, policy, or practice described in subparagraph (A) which denies national or most-favored-nation treatment or the right of establishment or protection of intellectual property rights. “(5) Acts, policies, and practices that are discriminatory include, when appropriate, any act, policy, and practice which denies national or most-favored-nation treatment to United States goods, services, or investment. “(6) The term ‘service sector access authorization’ means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned. “(7) The term ‘foreign country’ includes any foreign instrumentality. Any possession or territory of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign country. “(8) The term ‘Trade Representative’ means the United States Trade Representative. “(9) The term ‘interested persons’, only for purposes of sections 302(a)(4)(B), 304(b)(1)(A), 306(c)(2), and 307(a)(2), includes, but is not limited to, domestic firms and workers, representatives of consumer interests, United States product exporters, and any industrial user of any goods or services that may be affected by actions taken under subsection (a) or (b). “SEC. 302. INITIATION OF INVESTIGATIONS. “(a) Petitions.— “(1) Any interested person may file a petition with the Trade Representative requesting that action be taken under section 301 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 petition, shall determine whether to initiate an investigation. “(3) If the Trade Representative determines not to initiate an Federal Register, publication. investigation with respect to a petition, 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 affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall Federal Register, publication. publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation 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 period 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 Federal Register, publication. should be initiated under this chapter with respect to any matter in order to determine whether the matter is action-able under section 301, the Trade Representative shall publish such determination in the Federal Register and shall initiate such investigation. “(B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees established pursuant to section 135. “(2) (A) By no later than the date that is 30 days after the date on which a country is identified under section 182(a)(2), the Trade Representative shall initiate an investigation under this chapter 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 chapter. “(B) The Trade Representative is not required under subparagraph (A) to initiate an investigation under this chapter 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 detrimental to United States economic interests. “(C) If the Trade Representative makes a determination 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 investigation. “(D) The Trade Representative shall, from time to time, consult with the Register of Copyrights, the Commissioner of Patents and Trademarks, and other appropriate officers of the Federal Government, during any investigation initiated under this chapter by reason of subparagraph (A). “(c) Discretion.— In determining whether to initiate an investigation under subsection (a) or (b) of any act, policy, or practice that is enumerated in any provision of section 301(d), the Trade Representative shall have discretion to determine whether action under section 301 would be effective in addressing such act, policy, or practice. “SEC. 303. CONSULTATION UPON INITIATION OF INVESTIGATION. “(a) In General.— “(1) On the date on which an investigation is initiated under section 302, the Trade Representative, on behalf of the United States, shall request consultations with the foreign country concerned regarding the issues involved in such investigation. “(2) If the investigation initiated under section 302 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 consultation was commenced, the Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under such agreement. “(3) The Trade Representative shall seek information and advice from the petitioner (if any) and the appropriate commit-tees established pursuant to section 135 in preparing United States presentations for consultations and dispute settlement proceedings. “(b) Delay of Request for Consultations.— “(1) Notwithstanding the provisions of subsection (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 purpose of verifying or improving the petition to ensure an adequate basis for consultation, and “(B) if such consultations are delayed by reason of subparagraph (A), each time limitation under section 304 shall be extended for the period of such delay. “(2) The Trade Representative shall— “(A) publish notice of any delay under paragraph (1) in the Federal Register, and “(B) report to Congress on the reasons for such delay in the report required under section 309(a)(3). “SEC. 304. DETERMINATIONS BY THE TRADE REPRESENTATIVE. “(a) In General.— “(1) On the basis of the investigation initiated under section 302 and the consultations (and the proceedings, if applicable) under section 303, the Trade Representative 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 301 exists, and “(B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of section 301. “(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 (other than the agreement on subsidies and countervailing measures described in section 2(c)(5) of the Trade Agreements Act of 1979), 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 subparagraph (A) or paragraph (3), the date that is 12 months after the date on which the investigation is initiated. “(3) (A) If an investigation is initiated under this chapter by reason of section 302(b)(2) and the Trade Representative does not make a determination described in subparagraph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation by no later than the date that is 6 months after the date on which such investigation is initiated. “(B) If the Trade Representative determines with respect to any investigation initiated by reason of section 302(b)(2) that— “(i) complex or complicated issues are involved in the investigation that require additional time, “(ii) the foreign country involved in the investigation is Copyrights. Patents and trademarks. making substantial progress in drafting or implementing legislative or administrative measures that will provide adequate and effective protection of intellectual property rights, or “(iii) such foreign country is undertaking enforcement measures to provide adequate and effective protection of intellectual property rights, the Trade Representative shall publish in the Federal Register Federal Register, publication. notice of such determination and shall make the determinations required under paragraph (1) with respect to such investigation by no later than the date that is 9 months after the date on which such investigation is initiated. “(4) In any case in which a dispute is not resolved before the Reports. close of the minimum dispute settlement period provided for in a trade agreement (other than the agreement on subsidies and countervailing measures described in section 2(c)(5) of the Trade Agreements Act of 1979), the Trade Representative, within 15 days after the close of such dispute settlement period, shall submit a report to Congress setting forth the reasons why the dispute was not resolved within the minimum dispute settlement period, the status of the case at the close of the period, and the prospects for resolution. For purposes of this paragraph, the minimum dispute settlement period provided for under any such trade agreement is the total period of time that results if all stages of the formal dispute settlement procedures are carried out within the time limitations specified in the agreement, but computed without regard to any extension authorized under the agreement at any stage. “(b) Consultation Before Determinations/— “(1) Before making the determinations required under subsection (a)(1), the Trade Representative, unless expeditious action is required— “(A) shall provide an opportunity (after giving not less than 30 days notice thereof) for the presentation of views by interested persons, including a public hearing if requested by any interested person, “(B) shall obtain advice from the appropriate committees established pursuant to section 135, and “(C) may request the views of the United States International Trade Commission regarding the probable impact on the economy of the United States of the taking of action with respect to any goods or service. “(2) If the Trade Representative does not comply with the requirements of subparagraphs (A) and (B) of paragraph (1) because expeditious action is required, the Trade Representative shall, after making the determinations under subsection (a)(1), comply with such subparagraphs. “(c) Publication.— The Trade Representative shall publish in the Federal Register any determination made under subsection (a)(1), together with a description of the facts on which such determination is based. “SEC 305. IMPLEMENTATION OF ACTIONS. “(a) Actions To Be Taken Under Section 301.— “(1) Except as provided in paragraph (2), the Trade Representative shall implement the action the Trade Representative determines under section 304(a)(1)(B) to take under section 301, 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 301— “(i) if— “(I) in the case of an investigation initiated under section 302(a), the petitioner requests a delay, or “(II) in the case of an investigation initiated under section 302(b)(1) or to which section 304(a)(3)(B) applies, 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 obtain United States rights or a satisfactory solution 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 301 with respect to any investigation to which section 304(a)(3)(A) applies. “(C) The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 301 with respect to any investigation to which section 304(a)(3)(B) applies by more than 90 days. “(b) Alternative Actions in Certain Cases of Export Targeting.— “(1) If the Trade Representative makes an affirmative determination under section 304(a)(1)(A) involving export targeting by a foreign country and determines to take no action under section 301 with respect to such affirmation determination, the Trade Representative— “(A) shall establish an advisory panel to recommend measures which will promote the competitiveness of the domestic industry affected 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 President, may take any administrative actions authorized under any other provision of law, and, if necessary, propose legislation to implement any other actions, that would restore or improve the international competitiveness of the domestic industry affected by the export targeting, and “(C) shall, by no later than the date that is 30 days after Reports. the date on which the report of such panel is submitted under paragraph (2)(B), submit a report to the Congress on the administrative actions taken, and legislative proposals made, under subparagraph (B) with respect to the domestic industry affected by the export targeting. “(2) (A) The advisory panels established under paragraph (1)(A) shall consist of individuals appointed by the Trade Representative who— “(i) earn their livelihood in the private sector of the economy, including individuals who represent management and labor in the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 304(a)(1)(A), 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 Reports. on which an advisory panel is established 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 304(a)(1)(A). “SEC. 306. MONITORING OF FOREIGN COMPLIANCE. “(a) In General.— The Trade Representative shall monitor the implementation of each measure undertaken, or agreement of a kind described in clause (i), (ii), or (iii) of section 301(a)(2)(B) that is entered into under subsection (a) or (b) of section 301, 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 described in subsection (a)(1)(B) or (b)(1) of section 301. “(b) Further Action.— If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 301(a). For purposes of section 301, any such determination shall be treated as a determination made under section 304(a)(1). “(c) Consultations.— Before making any determination under subsection (b), the Trade Representative shall— “(1) consult with the petitioner, if any, involved in the initial investigation under this chapter and with representatives of the domestic industry concerned; and “(2) provide an opportunity for the presentation of views by interested persons. “SEC. 307. MODIFICATION AND TERMINATION OF ACTIONS. “(a) In General.— “(1) The Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under section 301 if— “(A) any of the conditions described in section 301(a)(2) exist, “(B) the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the subject of such action has increased or decreased, or “(C) such action is being taken under section 301(b) and is no longer appropriate. “(2) Before taking any action under paragraph (1) to modify or terminate any action taken under section 301, the Trade Representative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide opportunity for the presentation of views by other interested persons affected by the proposed modification 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 publish in the Federal Register notice of, and report in writing to the Congress with respect to, any modification or termination of any action taken under section 301 and the reasons therefor. “(c) Review of Necessity.— “(1) If— “(A) a particular action has been taken under section 301 during any 4-year period, and “(B) neither the petitioner nor any representative 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 continuation 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 paragraph (1) at least 60 days before the date of such termination. “(3) If a request is submitted to the Trade Representative under paragraph (1)(B) to continue taking a particular action under section 301, the Trade Representative shall conduct a review of— “(A) the effectiveness in achieving the objectives of section 301 of— “(i) such action, and “(ii) other actions that could be taken (including actions against other products or services), and “(B) the effects of such actions on the United States Consumer protection. economy, including consumers. “SEC. 308. 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 applies) concerning— “(1) the nature and extent of a specific trade policy or practice Securities. Copyrights. Patents and trademarks. of a foreign country with respect to particular goods, services, investment, 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 international 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 inform the person in writing of the reasons for refusal. “(c) Certain Business Information Not Made Available.— “(1) Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5, United States Code), no information requested and received by the Trade Representative in aid of any investigation under this chapter shall be made available to any person if— “(A) the person providing such information certifies that— “(i) such information is business confidential, “(ii) the disclosure of such information would endanger trade secrets or profitability, 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 prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information. “(2) The Trade Representative may— “(A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this chapter, or “(B) may make such information available to any other person in a form which cannot be associated with, or other-wise identify, the person providing the information. “SEC. 309. ADMINISTRATION. “The Trade Representative shall— “(1) issue regulations concerning the filing of petitions and the conduct of investigations and hearings under this sub-chapter, “(2) keep the petitioner regularly informed of all determinations and developments regarding the investigation conducted with respect to the petition under this chapter, including the reasons for any undue delays, and “(3) submit a report to the House of Representatives and the Senate semiannually describing— “(A) the petitions filed and the determinations made (and reasons therefor) under section 302, “(B) developments in, and the current status of, each investigation or proceeding under this chapter, “(C) the actions taken, or the reasons for no action, by the Trade Representative under section 301 with respect to investigations conducted under this chapter, and “(D) the commercial effects of actions taken under section 301.”.

   Effective date note
   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.

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