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19 U.S.C. § 2418Request for information

submitted 38 years ago by Pub. L. 93-618 to r/title-19-CUSTOMS-DUTIES · 366 words · no verdicts yet

in plain englishAI-generated · not legal advice

Upon a written request, the Trade Representative must provide available nonconfidential information about specified foreign trade practices, United States rights, remedies, and proceedings. Confidential business information receives special protection.

(a) After a person makes a written request, the Representative must provide available information, except information protected as confidential, about (1) the nature and extent of a foreign country’s specific trade policy or practice involving goods, services, investment, or intellectual-property rights; (2) United States rights under trade agreements and available agreement or United States-law remedies; and (3) past and current domestic and international proceedings or actions concerning the policy or practice. (b) If the Representative and other Federal agencies do not have requested information, within 30 days the Representative must either ask the foreign government for it or refuse to ask and explain the refusal in writing. (c)(1) Unless paragraph (2) applies, information received for a subchapter investigation must not be given to anyone, despite other law including section 552 of title 5, if the provider certifies that it is business-confidential, disclosure would endanger trade secrets or profitability, and it is not generally available; the Representative finds the certification well-founded; and, when regulations require, the provider supplies an adequate nonconfidential summary. (2) The Representative may use it or give it to a Federal employee for an investigation, or give it to another person in a form that cannot be linked to or identify the provider.
the actual law source: uscode.house.gov ↗public domain
(a) In general

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 not available

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) Certain business information not made available
(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.

Source credit: (Pub. L. 93–618, title III, § 308, as added Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1175.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 93-618 · 102 Stat. 1175

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-618 on 1988-08-23.

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