§ 2413. — Consultation upon initiation of investigation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2413]
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. 2413. Consultation upon initiation of investigation
(a) In general
(1) On the date on which an investigation is initiated under section
2412 of this title, 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 2412 of this title
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 committees established
pursuant to section 2155 of this title in preparing United States
presentations for consultations and dispute settlement proceedings.
(b) Delay of request for consultations
(1) Notwithstanding the provisions of subsection (a) of this
section--
(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) of this section 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 2414 of this title 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 2419(a)(3) of this title.
(Pub. L. 93-618, title III, Sec. 303, as added Pub. L. 96-39, title IX,
Sec. 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573, title
III, Secs. 304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat.
3004, 3005, 3012; Pub. L. 100-418, title I, Sec. 1301(a), Aug. 23, 1988,
102 Stat. 1170.)
Amendments
1988--Pub. L. 100-418 amended section generally, revising and
restating substantially similar provisions.
1984--Subsec. (a). Pub. L. 98-573, Secs. 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''.
Subsec. (b). Pub. L. 98-573, Sec. 304(e)(2), added subsec. (b).
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.
Section Referred to in Other Sections
This section is referred to in sections 2414, 2420 of this title.
