§2415 — Title 19 Customs Duties | U.S. Code

Summary

The U.S. Trade Representative must carry out any action it decides to take under section 2411 within 30 days after the decision. The Trade Representative can delay that action up to 180 days in certain cases: when a petitioner asks for a delay in investigations started under section 2412(a); when a majority of the affected domestic industry asks for a delay in cases under section 2412(b)(1) or where section 2414(a)(3)(B) applies; or when the Trade Representative finds that delay will help get U.S. rights or a satisfactory solution. No delay is allowed for investigations covered by section 2414(a)(3)(A)(ii). For investigations covered by section 2414(a)(3)(B), any delay cannot exceed 90 days. If the Trade Representative finds export targeting under section 2414(a)(1)(A) but decides not to act under section 2411, the Trade Representative must set up an advisory panel to recommend ways to help the affected domestic industry compete. The Trade Representative may use administrative actions or propose laws based on the panel’s report and any Presidential direction. The Trade Representative must send Congress a report on actions taken or proposed within 30 days after getting the panel’s report. Panel members must be private-sector people (including management and labor from the affected industry) who are qualified by education or experience. The panel must submit its report within 6 months of being formed.

Title 19, §2415

Customs Duties — Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), the Trade Representative shall implement the action the Trade Representative determines under section 2414(a)(1)(B) of this title to take under section 2411 of this title, subject to the specific direction, if any, of the President regarding any such action, by no later than the date that is 30 days after the date on which such determination is made.

(2)(A)Except as otherwise provided in this paragraph, the Trade Representative may delay, by not more than 180 days, the implementation of any action that is to be taken under section 2411 of this title—

(i)if—

(I)in the case of an investigation initiated under section 2412(a) of this title, the petitioner requests a delay, or

(II)in the case of an investigation initiated under section 2412(b)(1) of this title or to which section 2414(a)(3)(B) of this title applies, a delay is requested by a majority of the representatives of the domestic industry that would benefit from the action, or

(ii)if the Trade Representative determines that substantial progress is being made, or that a delay is necessary or desirable, to obtain United States rights or a satisfactory solution with respect to the acts, policies, or practices that are the subject of the action.

(B)The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 2411 of this title with respect to any investigation to which section 2414(a)(3)(A)(ii) of this title applies.

(C)The Trade Representative may not delay under subparagraph (A) the implementation of any action that is to be taken under section 2411 of this title with respect to any investigation to which section 2414(a)(3)(B) of this title applies by more than 90 days.

(b)(1)If the Trade Representative makes an affirmative determination under section 2414(a)(1)(A) of this title involving export targeting by a foreign country and determines to take no action under section 2411 of this title with respect to such affirmation determination, the Trade Representative—

(A)shall establish an advisory panel to recommend measures which will promote the competitiveness of the domestic industry affected by the export targeting,

(B)on the basis of the report of such panel submitted under paragraph (2)(B) and subject to the specific direction, if any, of the President, may take any administrative actions authorized under any other provision of law, and, if necessary, propose legislation to implement any other actions, that would restore or improve the international competitiveness of the domestic industry affected by the export targeting, and

(C)shall, by no later than the date that is 30 days after the date on which the report of such panel is submitted under paragraph (2)(B), submit a report to the Congress on the administrative actions taken, and legislative proposals made, under subparagraph (B) with respect to the domestic industry affected by the export targeting.

(2)(A)The advisory panels established under paragraph (1)(A) shall consist of individuals appointed by the Trade Representative who—

(i)earn their livelihood in the private sector of the economy, including individuals who represent management and labor in the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 2414(a)(1)(A) of this title, and

(ii)by education or experience, are qualified to serve on the advisory panel.

(B)By no later than the date that is 6 months after the date on which an advisory panel is established under paragraph (1)(A), the advisory panel shall submit to the Trade Representative and to the Congress a report on measures that the advisory panel recommends be taken by the United States to promote the competitiveness of the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 2414(a)(1)(A) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a)(2)(B). Pub. L. 108–429 substituted “section 2414(a)(3)(A)(ii)” for “section 2414(a)(3)(A)”. 1988—Pub. L. 100–418 amended section generally, substituting provisions relating to implementation of actions for provisions relating to requests for information. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c).

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.

§2415 Implementation of actions