§ 2418. — Request for information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2418]
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. 2418. Request for information
(a) In general
Upon receipt of written request therefor from any person, the Trade
Representative shall make available to that person information (other
than that to which confidentiality applies) concerning--
(1) the nature and extent of a specific trade policy or practice
of a foreign country with respect to particular goods, services,
investment, or intellectual property rights, to the extent that such
information is available to the Trade Representative or other
Federal agencies;
(2) United States rights under any trade agreement and the
remedies which may be available under that agreement and under the
laws of the United States; and
(3) past and present domestic and international proceedings or
actions with respect to the policy or practice concerned.
(b) If information not available
If information that is requested by a person under subsection (a) of
this section is not available to the Trade Representative or other
Federal agencies, the Trade Representative shall, within 30 days after
receipt of the request--
(1) request the information from the foreign government; or
(2) decline to request the information and inform the person in
writing of the reasons for refusal.
(c) Certain business information not made available
(1) Except as provided in paragraph (2), and notwithstanding any
other provision of law (including section 552 of title 5), no
information requested and received by the Trade Representative in aid of
any investigation under this subchapter shall be made available to any
person if--
(A) the person providing such information certifies that--
(i) such information is business confidential,
(ii) the disclosure of such information would endanger trade
secrets or profitability, and
(iii) such information is not generally available;
(B) the Trade Representative determines that such certification
is well-founded; and
(C) to the extent required in regulations prescribed by the
Trade Representative, the person providing such information provides
an adequate nonconfidential summary of such information.
(2) The Trade Representative may--
(A) use such information, or make such information available (in
his own discretion) to any employee of the Federal Government for
use, in any investigation under this subchapter, or
(B) may make such information available to any other person in a
form which cannot be associated with, or otherwise identify, the
person providing the information.
(Pub. L. 93-618, title III, Sec. 308, as added Pub. L. 100-418, title I,
Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1175.)
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 3437 of this title.
