§ 2417. — Modification and termination of actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2417]
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. 2417. 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 2411 of this title
if--
(A) any of the conditions described in section 2411(a)(2) of
this title 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 2411(b) of this
title and is no longer appropriate.
(2) Before taking any action under paragraph (1) to modify or
terminate any action taken under section 2411 of this title, 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
2411 of this title and the reasons therefor.
(c) Review of necessity
(1) If--
(A) a particular action has been taken under section 2411 of
this title 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
2411 of this title, the Trade Representative shall conduct a review of--
(A) the effectiveness in achieving the objectives of section
2411 of this title 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 economy,
including consumers.
(Pub. L. 93-618, title III, Sec. 307, as added Pub. L. 100-418, title I,
Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1174.)
Effective Date
Section 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 an Effective Date of 1988 Amendment note under
section 2411 of this title.
Section Referred to in Other Sections
This section is referred to in section 2411 of this title.
