§2412 Initiation of investigations

Summary

Anyone can ask the Trade Representative to start an investigation by filing a petition that explains the problem. The Trade Representative must review the petition and, within 45 days of getting it, decide whether to begin an investigation. If no investigation will start, the Trade Representative must tell the person who asked and publish a notice and summary in the Federal Register. If an investigation will start, the Trade Representative must publish a summary, open the matter for people to give their views, and hold a public hearing if requested — either within 30 days of the decision (or later if agreed) or at another time if someone asks. Before officially starting an investigation, the Trade Representative must tell the public and talk with the congressional committees named in section 2155. If a country is identified under section 2242(a)(2), the Trade Representative must begin an investigation of the acts that caused that identification within 30 days, unless those acts are already being looked at. The Trade Representative can decide not to start such an investigation if it would hurt U.S. economic interests, but then must send Congress a written report explaining why and naming the affected U.S. economic interests. During these investigations, the Trade Representative must consult, from time to time, with the Register of Copyrights and key intellectual property officials. The Trade Representative also has the choice to decide whether action under section 2411 would actually be effective.