View all text of Subchapter III [§ 2411 - § 2420]
§ 2412. Initiation of investigations
(a) Petitions
(1) Any interested person may file a petition with the Trade Representative requesting that action be taken under section 2411 of this title and setting forth the allegations in support of the request.
(2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the petition, shall determine whether to initiate an investigation.
(3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register.
(4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing—
(A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or
(B) at such other time if a timely request therefor is made by the petitioner or by any interested person.
(b) Initiation of investigation by means other than petition
(1)
(A) If the Trade Representative determines that an investigation should be initiated under this subchapter with respect to any matter in order to determine whether the matter is actionable under section 2411 of this title, the Trade Representative shall publish such determination in the Federal Register and shall initiate such investigation.
(B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees established pursuant to section 2155 of this title.
(2)
(A) By no later than the date that is 30 days after the date on which a country is identified under section 2242(a)(2) of this title, the Trade Representative shall initiate an investigation under this subchapter with respect to any act, policy, or practice of that country that—
(i) was the basis for such identification, and
(ii) is not at that time the subject of any other investigation or action under this subchapter.
(B) The Trade Representative is not required under subparagraph (A) to initiate an investigation under this subchapter with respect to any act, policy, or practice of a foreign country if the Trade Representative determines that the initiation of the investigation would be detrimental to United States economic interests.
(C) If the Trade Representative makes a determination under subparagraph (B) not to initiate an investigation, the Trade Representative shall submit to the Congress a written report setting forth, in detail—
(i) the reasons for the determination, and
(ii) the United States economic interests that would be adversely affected by the investigation.
(D) The Trade Representative shall, from time to time, consult with the Register of Copyrights, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, and other appropriate officers of the Federal Government, during any investigation initiated under this subchapter by reason of subparagraph (A).
(c) Discretion
(Pub. L. 93–618, title III, § 302, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98–573, title III, § 304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(9)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584.)