19 USC 2416 - Monitoring of foreign compliance

U.S Code last checked for updates: Apr 27, 2024

§ 2416.

Monitoring of foreign compliance

(a)

In general

(b)

Action on the basis of monitoring

(1)

In general

(2)

WTO dispute settlement recommendations

(A)

Failure to implement recommendation

(B)

Revision of retaliation list and action

(i)

In general

(ii)

Exception

The Trade Representative is not required to revise the retaliation list or the action described in clause (i) with respect to a country, if—

(I)

the Trade Representative determines that implementation of a recommendation made pursuant to a dispute settlement proceeding described in clause (i) by the country is imminent; or

(II)

the Trade Representative together with the petitioner involved in the initial investigation under this subchapter (or if no petition was filed, the affected United States industry) agree that it is unnecessary to revise the retaliation list.

(C)

Schedule for revising list or action

(D)

Standards for revising list or action

(E)

Retaliation list

(F)

Requirement to include reciprocal goods on retaliation list

(c)

Exercise of WTO authorization to suspend concessions or other obligations

If—

(1)

action has terminated pursuant to section 2417(c) of this title,

(2)

the petitioner or any representative of the domestic industry that would benefit from reinstatement of action has submitted to the Trade Representative a written request for reinstatement of action, and

(3)

the Trade Representatives 1

 So in original. Probably should be “Representative”.

has completed the requirements of subsection (d) and section 2417(c)(3) of this title,

the Trade Representative may at any time determine to take action under section 2411(c) of this title to exercise an authorization to suspend concessions or other obligations under Article 22 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (referred to in section 3511(d)(16) of this title).

(d)

Consultations

Before making any determination under subsection (b) or (c), the Trade Representative shall—

(1)

consult with the petitioner, if any, involved in the initial investigation under this subchapter and with representatives of the domestic industry concerned; and

(2)

provide an opportunity for the presentation of views by interested persons.

(Pub. L. 93–618, title III, § 306, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1173; Pub. L. 103–465, title III, § 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub. L. 104–295, § 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 106–200, title IV, § 407, May 18, 2000, 114 Stat. 293; Pub. L. 114–125, title VI, § 602(a), (b)(2), (3), Feb. 24, 2016, 130 Stat. 184.)

cite as: 19 USC 2416