§ 2412. — Initiation of investigations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2412]
TITLE 19--CUSTOMS DUTIES
CHAPTER 12--TRADE ACT OF 1974
SUBCHAPTER III--ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES
Sec. 2412. Initiation of investigations
(a) Petitions
(1) Any interested person may file a petition with the Trade
Representative requesting that action be taken under section 2411 of
this title and setting forth the allegations in support of the request.
(2) The Trade Representative shall review the allegations in any
petition filed under paragraph (1) and, not later than 45 days after the
date on which the Trade Representative received the petition, shall
determine whether to initiate an investigation.
(3) If the Trade Representative determines not to initiate an
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 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
should be initiated under this subchapter with respect to any matter in
order to determine whether the matter is actionable under section 2411
of this title, 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 2155 of this title.
(2)(A) By no later than the date that is 30 days after the date on
which a country is identified under section 2242(a)(2) of this title,
the Trade Representative shall initiate an investigation under this
subchapter with respect to any act, policy, or practice of that country
that--
(i) was the basis for such identification, and
(ii) is not at that time the subject of any other investigation
or action under this subchapter.
(B) The Trade Representative is not required under subparagraph (A)
to initiate an investigation under this subchapter with respect to any
act, policy, or practice of a foreign country if the Trade
Representative determines that the initiation of the investigation would
be 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 Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office, and other appropriate officers of the Federal
Government, during any investigation initiated under this subchapter by
reason of subparagraph (A).
(c) Discretion
In determining whether to initiate an investigation under subsection
(a) or (b) of this section of any act, policy, or practice that is
enumerated in any provision of section 2411(d) of this title, the Trade
Representative shall have discretion to determine whether action under
section 2411 of this title would be effective in addressing such act,
policy, or practice.
(Pub. L. 93-618, title III, Sec. 302, as added Pub. L. 96-39, title IX,
Sec. 901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98-573, title
III, Sec. 304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L. 100-418,
title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub. L. 106-113,
div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(9)], Nov. 29, 1999, 113
Stat. 1536, 1501A-584.)
Prior Provisions
A prior section 302 of Pub. L. 93-618, title III, Jan. 3, 1975, 88
Stat. 2043, which related to the procedure for Congressional disapproval
of certain actions taken by the President to eliminate foreign import
restrictions and export subsidies and which was classified to this
section, was omitted in the general revision of chapter 1 of title III
of Pub. L. 93-618 by Pub. L. 96-39, title IX, Sec. 901, July 26, 1979,
93 Stat. 295.
Amendments
1999--Subsec. (b)(2)(D). Pub. L. 106-113 substituted ``Under
Secretary of Commerce for Intellectual Property and Director of the
United States Patent and Trademark Office'' for ``Commissioner of
Patents and Trademarks''.
1988--Pub. L. 100-418 amended section generally, substituting
provisions relating to initiating investigations with or without
petitions and discretion of Trade Representative for provisions relating
to filing and determinations on petitions for investigations and
investigations initiated by Trade Representative.
1984--Pub. L. 98-573 amended section generally, substituting
``United States Trade Representative'' and ``Trade Representative'' for
``Special Representative for Trade Negotiations'' and ``Special
Representative'', respectively, substituting ``the reasons'' for ``his
reasons'' in subsec. (b)(1), substituting ``a summary'' for ``the text''
in subsec. (b)(2), striking out the comma after ``petitioner)'' in
subsec. (b)(2)(A), and inserting ``or by any interested person'' after
``petitioner'' in subsec. (b)(2)(B).
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 applicable to petitions filed, and
investigations initiated, under this section on or after Aug. 23, 1988,
and petitions filed, and 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.
Section Referred to in Other Sections
This section is referred to in sections 1872, 2241, 2242, 2411,
2413, 2414, 2415, 2419, 2420, 3437, 3537, 3571 of this title.
