Page:United States Statutes at Large Volume 98 Part 3.djvu/633

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3005

(C) Section 304 (19 U.S.C. 2414) is amended by striking out "issues raised in the petition" and inserting in lieu thereof "matters under investigation" in paragraph (1) of subsection (a). (D) The item relating to section 302 in the table of contents is amended to read as follows: "Sec. 302. Initiation of Investigations by United States Trade Representative.".

(e) Section 303 (19 U.S.C. 2413) is amended— (1) by inserting "(a) IN GENERAL.—" before "On"; and

(2) by adding at the end thereof the following new subsection: "db) DELAY OF REQUEST FOR CONSULTATIONS FOR U P TO 90 DAYS.—

"(1) IN GENERAL.—Notwithstanding the provisions of subsection (a)— "(A) the United States Trade Representative may 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) NOTICE AND REPORT.—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 by section 306.". (f)(1) Paragraph (1) of section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended to read as follows: "(1) COMMERCE.—The term 'commerce' includes, but is not limited to— "(A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and "(B) foreign direct investment by United States persons with implications for trade in goods or services.". (2) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by adding at the end thereof the following new paragraphs: "(3) UNREASONABLE.—The term 'unreasonable' means any act, policy, or practice which, while not necessarily in violation of or inconsistent with the international legal rights of the United States, is otherwise deemed to be unfair and inequitable. The term includes, but is not limited to, any act, policy, or practice which denies fair and equitable— "(A) market opportunities; "(B) opportunities for the establishment of an enterprise; or "(C) provision of adequate and effective protection of intellectual property rights. "(4) UNJUSTIFIABLE.—

"(A) IN GENERAL.—The term 'unjustifiable' means any act, policy, or practice which is in violation of, or inconsistent with, the international legal rights of the United States. "(B) CERTAIN ACTIONS INCLUDED.—The term 'unjustifiable' includes, but is not limited to, any act, policy, or practice described in subparagraph (A) which denies

19 USC 2414. Federal ^^fi^^t' ^^ ^'^^ ^°^' 19 USC 2416.

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