Title 19, Customs DutiesRelease 119-110

§2413 Consultation Upon Initiation of Investigation

Title 19 › CHAPTER 12 — TRADE ACT OF 1974 › SUBCHAPTER III — ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES › § 2413

Last updated Sep 22, 2026|Official source

Summary

When an investigation starts under section 2412, the U.S. Trade Representative must ask the foreign country for consultations about the matter. If the case involves a trade agreement and the countries do not reach a solution before the earlier of the agreement’s consultation deadline or the 150th day after consultations begin, the Trade Representative must quickly ask for formal dispute settlement under that agreement. The Trade Representative must get information and advice from the petitioner (if any) and from the committees set up under section 2155 when preparing U.S. arguments. After talking with the petitioner, the Trade Representative may delay asking for consultations for up to 90 days to check or improve the petition. Any time limits in section 2414 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 in the report to Congress required under section 2419(a)(3).

Full Legal Text

Title 19, §2413

Customs Duties, Source: USLM XML via OLRC

(a)In general
(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,
the Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under such agreement.
(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)Delay of request for consultations
(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2413

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110