19 U.S.C. § 2412 — Initiation of investigations

(a) Petitions. (1) Any interested person may file a petition with the Trade Representative^* asking for action under section 2411 and stating the supporting allegations. (2) The Trade Representative must review the allegations and decide within 45 days after receiving the petition whether to begin an investigation. (3) If the Trade Representative declines, the Trade Representative must tell the petitioner why and publish the decision and a summary of the reasons in the Federal Register. (4) If the Trade Representative decides to investigate, the Trade Representative must begin an investigation of the issues in the petition, publish a petition summary in the Federal Register, and provide an opportunity to present views, including a public hearing. The hearing must occur within 30 days after the decision, or later if the petitioner agrees, when the petition requests a hearing within that period. It may occur at another time if the petitioner or any interested person timely requests one. (b) Initiation without a petition. (1)(A) If the Trade Representative decides that a matter should be investigated to determine whether it can support action under section 2411, the Trade Representative must publish the decision in the Federal Register and begin the investigation. (B) Before deciding, the Trade Representative must consult the appropriate committees established under section 2155. (2)(A) No later than 30 days after a country is identified under section 2242(a)(2), the Trade Representative must investigate an act, policy, or practice of that country that was the basis for the identification and is not already the subject of another investigation or action under this subchapter. (B) The Trade Representative need not investigate if the Trade Representative decides doing so would harm United States economic interests. (C) If the Trade Representative declines for that reason, the Trade Representative must give Congress a detailed written report stating the reasons and the United States economic interests that the investigation would harm. (D) During an investigation begun for this reason, the Trade Representative must from time to time consult 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 Federal officials. (c) Discretion. When deciding whether to investigate under subsection (a) or (b) an act, policy, or practice listed in section 2411(d), the Trade Representative may decide whether action under section 2411 would effectively address it.