19 U.S.C. § 2415: Implementation of actions

Summary

The U.S. Trade Representative must put into effect the action they decide to take under section 2411 within 30 days after making that decision. They can delay that start date for up to 180 days if the petitioner asks, if a majority of the affected domestic industry asks in certain types of cases, or if the Trade Representative finds that progress is being made or a delay is needed to win U.S. rights or a good solution. The Trade Representative cannot delay in cases covered by section 2414(a)(3)(A)(ii), and for cases covered by section 2414(a)(3)(B) any delay is limited to 90 days. If the Trade Representative finds export targeting but decides not to use section 2411, they must set up an advisory panel to recommend ways to help the affected U.S. industry. After the panel’s report, and following any direction from the President, the Trade Representative may use other administrative tools and may propose laws to restore competitiveness. The Trade Representative must tell Congress about actions taken and laws proposed within 30 days after the panel’s report. The panel must be made of private-sector people (including management and labor from the affected industry) who are qualified by education or experience, and it must send its report within 6 months of being formed.

Title 19, §2415

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(a)Actions to be taken under section 2411

(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)Alternative actions in certain cases of export targeting

(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