Page:United States Statutes at Large Volume 93.djvu/280

 93 STAT. 248

PUBLIC LAW 96-39—JULY 26, 1979 (1) the agency or person alleged to be engaging in violations under the Agreement; (2) the member agencies of the interagency trade organization established under section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)); (3) other appropriate Federal agencies; and (4) appropriate representatives referred to in section 417. (b) RESOLUTION.—The Special Representative shall undertake to resolve, on a mutually satisfactory basis, the issues set forth in the representation through consultation with the parties concerned. SEC. 424. PROCEDURE AFTER FINDING BY INTERNATIONAL FORUM.

19 USC 2554.

(a) IN GENERAL.—If an appropriate international forum finds that a standards-related activity being engaged in within the United States conflicts with the obligations of the United States under the Agreement, the interagency trade organization established under section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) shall review the finding and the matters related thereto with a view to recommending appropriate action, (b) CROSS REFERENCE.— For provisions of law regarding remedies available to domestic persons alleging that standards activities engaged in by Parties to the Agreement (other than the United States) violate the obligations of the Agreement, see section 301 of the Trade Act of 1974 (19 U.S.C. 2411).

CHAPTER 2—OTHER PROCEEDINGS REGARDING CERTAIN STANDARDS-RELATED ACTIVITIES SEC. 441. FINDINGS OF RECIPROCITY REQUIRED IN ADMINISTRATIVE PROCEEDINGS.

19 USC 2561.

19 USC 2562.

(a) IN GENERAL.—Except as provided under chapter 1, no Federal agency may consider a complaint or petition against any standardsrelated activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Special Representative finds, and informs the agency concerned in writing, that— (1) the country of origin of the imported product is a Party to the Agreement or a foreign country described in section 422(2); and (2) the dispute settlement procedures provided under the Agreement are not appropriate. (b) EXEMPTIONS.—This section does not apply with respect to causes of action arising under— (1) the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)); or (2) statutes administered by the Secretary of Agriculture. This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section 553 of title 5, United States Code, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule. SEC. 442. NOT CAUSE FOR STAY IN CERTAIN CIRCUMSTANCES. No standards-related activity being engaged in within the United States may be stayed in any judicial or administrative proceeding on the basis that such activity is currently being considered, pursuant to the Agreement, by an international forum. . ,.

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