§ 2414. — Determinations by Trade Representative.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2414]
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. 2414. Determinations by Trade Representative
(a) In general
(1) On the basis of the investigation initiated under section 2412
of this title and the consultations (and the proceedings, if applicable)
under section 2413 of this title, 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 2411 of this title 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 2411 of this
title.
(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,
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 subchapter by
reason of section 2412(b)(2) of this title and the Trade Representative
does not consider that a trade agreement, including the Agreement on
Trade-Related Aspects of Intellectual Property Rights (referred to in
section 3511(d)(15) of this title), is involved or 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 an
investigation initiated by reason of section 2412(b)(2) of this title
(other than an investigation involving a trade agreement) that--
(i) complex or complicated issues are involved in the
investigation that require additional time,
(ii) the foreign country involved in the investigation is 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 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 close
of the minimum dispute settlement period provided for in a trade
agreement, 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) of this section, 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 2155 of this title, 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) of this section,
comply with such subparagraphs.
(c) Publication
The Trade Representative shall publish in the Federal Register any
determination made under subsection (a)(1) of this section, together
with a description of the facts on which such determination is based.
(Pub. L. 93-618, title III, Sec. 304, 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)(C), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3005,
3012; Pub. L. 100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat.
1170; Pub. L. 103-465, title III, Sec. 314(d), Dec. 8, 1994, 108 Stat.
4940; Pub. L. 104-295, Sec. 20(c)(6), Oct. 11, 1996, 110 Stat. 3528.)
Amendments
1996--Subsec. (a)(3)(A). Pub. L. 104-295 inserted ``Rights'' after
``Intellectual Property''.
1994--Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 314(d)(1), struck out
``(other than the agreement on subsidies and countervailing measures
described in section 2503(c)(5) of this title)'' after ``trade
agreement''.
Subsec. (a)(3)(A). Pub. L. 103-465, Sec. 314(d)(2)(A), inserted
``does not consider that a trade agreement, including the Agreement on
Trade-Related Aspects of Intellectual Property (referred to in section
3511(d)(15) of this title), is involved or'' after ``Trade
Representative'' the first place appearing.
Subsec. (a)(3)(B). Pub. L. 103-465, Sec. 314(d)(2)(B), in
introductory provisions, substituted ``an investigation initiated by
reason of section 2412(b)(2) of this title (other than an investigation
involving a trade agreement)'' for ``any investigation initiated by
reason of section 2412(b)(2) of this title''.
Subsec. (a)(4). Pub. L. 103-465, Sec. 314(d)(3), struck out ``(other
than the agreement on subsidies and countervailing measures described in
section 2503(c)(5) of this title)'' after ``in a trade agreement''.
1988--Pub. L. 100-418 amended section generally, substituting
provisions relating to determinations by Trade Representative for
provisions relating to recommendations by Trade Representative.
1984--Subsec. (a)(1). Pub. L. 98-573, Sec. 304(d)(2)(C), substituted
``matters under investigation'' for ``issues raised in the petition'' in
first sentence.
Subsec. (b)(2). Pub. L. 98-573, Sec. 306(c)(2)(C)(ii), struck out
``private sector'' after ``appropriate''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on the date on which the WTO
Agreement enters into force with respect 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.
Section Referred to in Other Sections
This section is referred to in sections 2411, 2413, 2415, 2416,
3106, 3571 of this title.
