Page:United States Statutes at Large Volume 102 Part 2.djvu/164

 102 STAT. 1168

Federal Register, publication.

Copyrights. Patents and trademarks.

19 USC 2412.

PUBLIC LAW 100-418—AUG. 23, 1988 "(II) such acts, policies, and practices are not inconsistent with the level of economic development of the foreign country. "(ii) The Trade Representative shall publish in the Federal Register any determination made under clause (i), together with a description of the facts on which such determination is based. "(D) For purposes of determining whether any act, policy, or practice is unreasonable, reciprocal opportunities in the United States for foreign nationals and firms shall be taken into account, to the extent appropriate. "(E) The term 'export targeting' means any government plan or scheme consisting of a combination of coordinated actions (whether carried out severally or jointly) that are bestowed on a specific enterprise, industry, or group thereof, the effect of which is to assist the enterprise, industry, or group to become more competitive in the export of a class or kind of merchandise. "(4)(A) An act, policy, or practice is unjustifiable if the act, policy, or practice is in violation of, or inconsistent with, the international legal rights of the United States. "(B) Acts, policies, and practices that are unjustifiable include, but are not limited to, any act, policy, or practice described in subparagraph (A) which denies national or mostfavored-nation treatment or the right of establishment or protection of intellectual property rights. "(5) Acts, policies, and practices that are discriminatory include, when appropriate, any act, policy, and practice which denies national or most-favored-nation treatment to United States goods, services, or investment. "(6) The term 'service sector access authorization' means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned. "(7) The term 'foreign country' includes any foreign instrumentality. Any possession or territory of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign countrv. "(8) The term "Trade Representative means the United States Trade Representative. "(9) The term 'interested persons', only for purposes of sections 302(a)(4)(B), 304(b)(l)(A), 306(c)(2), and 307(a)(2), includes, but is not limiteid to, domestic firms and workers, representatives of consumer interests. United States product exporters, and any industrial user of any goods or services that may be affected by actions taken under subsection (a) or (b).

•SEC. 302. INITIATION OF INVESTIGATIONS. "(a) PETITIONS.—

"(1) Any interested person may file a petition with the Trade Representative requesting that action be taken under section 301 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.

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