§2413 — Title 19 Customs Duties | U.S. Code

Summary

When an investigation starts under the law, the U.S. Trade Representative must immediately ask the foreign country to meet and talk about the issues. If the case uses a trade agreement and the parties do not reach an acceptable solution before whichever comes first — the agreement’s consultation deadline (if any) or the 150th day after talks began — the Trade Representative must get information and advice from the petitioner (if there is one) and from the appropriate congressional committees when preparing U.S. materials for consultations or dispute settlement. The Trade Representative may, after talking with the petitioner, delay asking for consultations for up to 90 days to check or improve the petition. Any deadlines that would otherwise apply are extended by the length of that delay. The Trade Representative must publish a notice of the delay in the Federal Register and explain the reasons to Congress in its required report.

Title 19, §2413

Customs Duties — Source: USLM XML via OLRC

(a)(1)On the date on which an investigation is initiated under section 2412 of this title, the Trade Representative, on behalf of the United States, shall request consultations with the foreign country concerned regarding the issues involved in such investigation.

(2)If the investigation initiated under section 2412 of this title involves a trade agreement and a mutually acceptable resolution is not reached before the earlier of—

(A)the close of the consultation period, if any, specified in the trade agreement, or

(B)the 150th day after the day on which consultation was commenced,

(3)The Trade Representative shall seek information and advice from the petitioner (if any) and the appropriate committees established pursuant to section 2155 of this title in preparing United States presentations for consultations and dispute settlement proceedings.

(b)(1)Notwithstanding the provisions of subsection (a)—

(A)the United States Trade Representative may, after consulting with the petitioner (if any), delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and

(B)if such consultations are delayed by reason of subparagraph (A), each time limitation under section 2414 of this title shall be extended for the period of such delay.

(2)The Trade Representative shall—

(A)publish notice of any delay under paragraph (1) in the Federal Register, and

(B)report to Congress on the reasons for such delay in the report required under section 2419(a)(3) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–418 amended section generally, revising and restating substantially similar provisions. 1984—Subsec. (a). Pub. L. 98–573, §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), designated existing provisions as subsec. (a), struck out “with respect to a petition” after “section 2412(b) of this title”, inserted “or the determination of the Trade Representative under section 2412(c)(1) of this title” after “in the petition”, and “(if any)” after “petitioner”, and struck out “private sector” after “appropriate”. Subsec. (b). Pub. L. 98–573, § 304(e)(2), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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.

§2413 Consultation upon initiation of investigation