§2418 — Title 19 Customs Duties | U.S. Code

Summary

When someone sends a written request, the U.S. Trade Representative must give them any nonconfidential information the government has about a foreign country’s trade policy or practice for particular goods, services, investment, or intellectual property; about U.S. rights and possible remedies under trade agreements and U.S. law; and about past or current domestic and international actions on the issue. If the requested information isn’t available, the Trade Representative has 30 days to either ask the foreign government for it or explain in writing why they will not ask. If a provider says the information is business confidential, would reveal trade secrets or hurt profits, and is not public, the Trade Representative will keep it private if that claim is found valid. The provider may need to give a nonconfidential summary. The Trade Representative can still use the information inside the federal government or share it only in a form that does not identify who gave it. Even if other laws like the Freedom of Information Act suggest release, these confidentiality rules apply.

Title 19, §2418

Customs Duties — Source: USLM XML via OLRC

(a)Upon receipt of written request therefor from any person, the Trade Representative shall make available to that person information (other than that to which confidentiality applies) concerning—

(1)the nature and extent of a specific trade policy or practice of a foreign country with respect to particular goods, services, investment, or intellectual property rights, to the extent that such information is available to the Trade Representative or other Federal agencies;

(2)United States rights under any trade agreement and the remedies which may be available under that agreement and under the laws of the United States; and

(3)past and present domestic and international proceedings or actions with respect to the policy or practice concerned.

(b)If information that is requested by a person under subsection (a) is not available to the Trade Representative or other Federal agencies, the Trade Representative shall, within 30 days after receipt of the request—

(1)request the information from the foreign government; or

(2)decline to request the information and inform the person in writing of the reasons for refusal.

(c)(1)Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5), no information requested and received by the Trade Representative in aid of any investigation under this subchapter shall be made available to any person if—

(A)the person providing such information certifies that—

(i)such information is business confidential,

(ii)the disclosure of such information would endanger trade secrets or profitability, and

(iii)such information is not generally available;

(B)the Trade Representative determines that such certification is well-founded; and

(C)to the extent required in regulations prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information.

(2)The Trade Representative may—

(A)use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this subchapter, or

(B)may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 1988 Amendment note under section 2411 of this title.

§2418 Request for Information

Summary

Title 19, §2418

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata