§ 2416. — Monitoring of foreign compliance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2416]
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. 2416. Monitoring of foreign compliance
(a) In general
The Trade Representative shall monitor the implementation of each
measure undertaken, or agreement that is entered into, by a foreign
country to provide a satisfactory resolution of a matter subject to
investigation under this subchapter or subject to dispute settlement
proceedings to enforce the rights of the United States under a trade
agreement providing for such proceedings.
(b) Further action
(1) In general
If, on the basis of the monitoring carried out under subsection
(a) of this section, the Trade Representative considers that a
foreign country is not satisfactorily implementing a measure or
agreement referred to in subsection (a) of this section, the Trade
Representative shall determine what further action the Trade
Representative shall take under section 2411(a) of this title. For
purposes of section 2411 of this title, any such determination shall
be treated as a determination made under section 2414(a)(1) of this
title.
(2) WTO dispute settlement recommendations
(A) Failure to implement recommendation
If the measure or agreement referred to in subsection (a) of
this section concerns the implementation of a recommendation
made pursuant to dispute settlement proceedings under the World
Trade Organization, and the Trade Representative considers that
the foreign country has failed to implement it, the Trade
Representative shall make the determination in paragraph (1) no
later than 30 days after the expiration of the reasonable period
of time provided for such implementation under paragraph 21 of
the Understanding on Rules and Procedures Governing the
Settlement of Disputes that is referred to in section
3511(d)(16) of this title.
(B) Revision of retaliation list and action
(i) In general
Except as provided in clause (ii), in the event that the
United States initiates a retaliation list or takes any
other action described in section 2411(c)(1)(A) or (B) of
this title against the goods of a foreign country or
countries because of the failure of such country or
countries to implement the recommendation made pursuant to a
dispute settlement proceeding under the World Trade
Organization, the Trade Representative shall periodically
revise the list or action to affect other goods of the
country or countries that have failed to implement the
recommendation.
(ii) Exception
The Trade Representative is not required to revise the
retaliation list or the action described in clause (i) with
respect to a country, if--
(I) the Trade Representative determines that
implementation of a recommendation made pursuant to a
dispute settlement proceeding described in clause (i) by
the country is imminent; or
(II) the Trade Representative together with the
petitioner involved in the initial investigation under
this subchapter (or if no petition was filed, the
affected United States industry) agree that it is
unnecessary to revise the retaliation list.
(C) Schedule for revising list or action
The Trade Representative shall, 120 days after the date the
retaliation list or other section 2411(a) action is first taken,
and every 180 days thereafter, review the list or action taken
and revise, in whole or in part, the list or action to affect
other goods of the subject country or countries.
(D) Standards for revising list or action
In revising any list or action against a country or
countries under this subsection, the Trade Representative shall
act in a manner that is most likely to result in the country or
countries implementing the recommendations adopted in the
dispute settlement proceeding or in achieving a mutually
satisfactory solution to the issue that gave rise to the dispute
settlement proceeding. The Trade Representative shall consult
with the petitioner, if any, involved in the initial
investigation under this subchapter.
(E) Retaliation list
The term ``retaliation list'' means the list of products of
a foreign country or countries that have failed to comply with
the report of the panel or Appellate Body of the WTO and with
respect to which the Trade Representative is imposing duties
above the level that would otherwise be imposed under the
Harmonized Tariff Schedule of the United States.
(F) Requirement to include reciprocal goods on retaliation list
The Trade Representative shall include on the retaliation
list, and on any revised lists, reciprocal goods of the
industries affected by the failure of the foreign country or
countries to implement the recommendation made pursuant to a
dispute settlement proceeding under the World Trade
Organization, except in cases where existing retaliation and its
corresponding preliminary retaliation list do not already meet
this requirement.
(c) Consultations
Before making any determination under subsection (b) of this
section, the Trade Representative shall--
(1) consult with the petitioner, if any, involved in the initial
investigation under this subchapter and with representatives of the
domestic industry concerned; and
(2) provide an opportunity for the presentation of views by
interested persons.
(Pub. L. 93-618, title III, Sec. 306, as added Pub. L. 96-39, title IX,
Sec. 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 100-418, title I,
Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1173; Pub. L. 103-465, title III,
Sec. 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub. L. 104-295,
Sec. 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 106-200, title IV,
Sec. 407, May 18, 2000, 114 Stat. 293.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(2)(E), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
Amendments
2000--Subsec. (b)(2). Pub. L. 106-200 designated existing provisions
as subpar. (A), inserted heading, and added subpars. (B) to (F).
1996--Subsec. (b)(1). Pub. L. 104-295 made technical amendment to
Pub. L. 103-465. See 1994 Amendment note below.
1994--Subsecs. (a), (b). Pub. L. 103-465, as amended by Pub. L. 104-
295, amended subsecs. (a) and (b) generally. Prior to amendment,
subsecs. (a) and (b) read as follows:
``(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 2411(a)(2)(B) of this
title that is entered into under subsection (a) or (b) of section 2411
of this title, 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 2411 of this title.
``(b) Further Action.--If, on the basis of the monitoring carried
out under subsection (a) of this section, the Trade Representative
considers that a foreign country is not satisfactorily implementing a
measure or agreement referred to in subsection (a) of this section, the
Trade Representative shall determine what further action the Trade
Representative shall take under section 2411(a) of this title. For
purposes of section 2411 of this title, any such determination shall be
treated as a determination made under section 2414(a)(1) of this
title.''
1988--Pub. L. 100-418 amended section generally, substituting
provisions relating to monitoring of foreign compliance for provisions
relating to administration. See section 2419 of this title.
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 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 section 2411 of this title.
