19 U.S.C. § 2415 — Implementation of actions
submitted 47 years ago by Pub. L. 93-618 to r/title-19-CUSTOMS-DUTIES · 658 words · no verdicts yet
This section governs how the Trade Representative carries out action under section 2411 and provides an alternative process when export targeting receives an affirmative determination but no section 2411 action.
(a)(1) Unless paragraph (2) applies, the Trade Representative* must carry out the action selected under section 2414(a)(1)(B), subject to any specific presidential direction, no later than 30 days after the decision. (2)(A) The Representative may delay implementation by up to 180 days if the petitioner requests it, or, for specified investigations, a majority of the affected domestic industry requests it, or if substantial progress is being made or delay is needed or desirable to obtain United States rights or a satisfactory solution. (B) No delay is allowed for an investigation covered by section 2414(a)(3)(A)(ii). (C) For an investigation covered by section 2414(a)(3)(B), delay may not exceed 90 days.
(b)(1) If the Representative affirmatively finds export targeting* by a foreign country* but takes no section 2411 action, the Representative must establish an advisory panel to recommend measures for the affected domestic industry. Based on its report and any presidential direction, the Representative may take administrative action under other law and, if needed, propose legislation to restore or improve the industry’s international competitiveness. Within 30 days after the panel’s report, the Representative must report to Congress on those actions and proposals. (2)(A) Panel members are appointed by the Representative, earn their livelihoods in the private sector, include management and labor representatives from the affected industry, and are qualified by education or experience. (B) Within 6 months after appointment, the panel must report to the Representative and Congress its recommended United States measures.
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.
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—
if—
in the case of an investigation initiated under section 2412(a) of this title, the petitioner requests a delay, or
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
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.
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.
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.
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—
shall establish an advisory panel to recommend measures which will promote the competitiveness of the domestic industry affected by the export targeting,
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
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.
The advisory panels established under paragraph (1)(A) shall consist of individuals appointed by the Trade Representative who—
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
by education or experience, are qualified to serve on the advisory panel.
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.
Source credit: (Pub. L. 93–618, title III, § 305, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 98–573, title III, § 304(g), Oct. 30, 1984, 98 Stat. 3006; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1172; Pub. L. 108–429, title II, § 2201(c), Dec. 3, 2004, 118 Stat. 2599.)
- 1979Enacted · Pub. L. 93-618 · 93 Stat. 299
- 1984Amended · Pub. L. 98-573 · 98 Stat. 3006
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1172
- 2004Amended · Pub. L. 108-429 · 118 Stat. 2599
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-618 on 1979-07-26.
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