§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 will look at the petition and must decide within 45 days whether to open an investigation. If no investigation is started, the Trade Representative will tell the person who asked and publish the reasons in the Federal Register. If an investigation is started, the Trade Representative will publish a summary in the Federal Register and allow people to give their views, including holding a public hearing within the 30-day period after the decision if the petition asked for one (or later if the petitioner agrees), or at another time if a timely request is made. The Trade Representative can also start investigations on its own and must publish that decision after consulting committees under section 2155. If a country is named under section 2242(a)(2), the Trade Representative must begin an investigation within 30 days about the acts that led to that naming, unless those acts are already under review. The Trade Representative may delay such an investigation if it would hurt U.S. economic interests, but then must report the reasons and the affected economic interests to Congress. During these investigations, the Trade Representative will consult the Register of Copyrights, the head of the U.S. Patent and Trademark Office, and other officials. The Trade Representative may decide whether action under section 2411 would actually help for matters listed in section 2411(d).