Page:United States Statutes at Large Volume 102 Part 2.djvu/166

 102 STAT. 1170

PUBLIC LAW 100-418—AUG. 23, 1988

"(c) DISCRETION.—In determining whether to initiate an investigation under subsection (a) or (b) of any act, policy, or practice that is enumerated in any provision of section 301(d), the Trade Representative shall have discretion to determine whether action under section 301 would be effective in addressing such act, policy, or practice. 19 USC 2413.

"SEC. 303. CONSULTATION UPON INITIATION OF INVESTIGATION. "(a) IN GENERAL.—

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"(1) On the date on which an investigation is initiated under section 302, the Trade Representative, on behalf of the United States, shall request consultations with the foreign country concerned regarding the issues involved in such investigation. "(2) If the investigation initiated under section 302 involves a trade agreement and a mutually acceptable resolution is not reached before the earlier of— "(A) the close of the consultation period, if any, specified in the trade agreement, or "(B) the 150th day after the day on which consultation was commenced, the Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under such agreement. "(3) The Trade Representative shall seek information and advice from the petitioner (if any) and the appropriate committees established pursuant to section 135 in preparing United States presentations for consultations and dispute settlement proceedings. "(b) DELAY OF REQUEST FOR CONSULTATIONS.—

"(1) Notwithstanding the provisions of subsection (a)— "(A) the United States Trade Representative may, after consulting with the petitioner (if any), delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and "(B) if such consultations are delayed by reason of subparagraph (A), each time limitation under section 304 shall be extended for the period of such delay. "(2) The Trade Representative shall— "(A) publish notice of any delay under paragraph (1) in the Federal Register, and "(B) report to Congress on the reasons for such delay in the report required under section 309(a)(3).

Federal Register, publication. Reports. 19 USC 2414.

"SEC. 304. DETERMINATIONS BY THE TRADE REPRESENTATIVE. "(a) IN GENERAL.—

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"(1) On the basis of the investigation initiated under section 302 and the consultations (and the proceedings, if applicable) under section 303, the Trade Representative shall— "(A) determine whether— "(i) the rights to which the United States is entitled under any trade agreement are being denied, or "(ii) any act, policy, or practice described in subsection (a)(l)(B) or (b)(1) of section 301 exists, and "(B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of section 301., ' -. M '

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