Page:United States Statutes at Large Volume 102 Part 2.djvu/165

This page needs to be proofread.

PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1169

"(3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. "(4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation reg£u*ding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing— "(A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or "(B) at such other time if a timely request therefor is made by the petitioner or by any interested person. "(b) iNmATiON PETITION.—

OP

INVESTIGATION

BY

MEANS

OTHER

Federal Register, publication.

Federal Register, publication.

THAN

"(I)(A) If the Trade Representative determines that an inves- Federal tigation should be initiated under this chapter with respect to Register, any matter in order to determine whether the matter is action- publication. able under section 301, the Trade Representative shall publish such determination in l^e Federal Register and shall initiate such investigation. "(B) The Trade Representative shall, before making any determination under subparagraph (A), consult with appropriate committees established pursuant to section 135. "(2)(A) By no later than the date that is 30 days after the date on which a country is identified under section 182(a)(2), the Trade Representative shall initiate an investigation under this chapter with respect to any act, policy, or practice of that country that— "(i) was the basis for such identification, and "(ii) is not at that time the subject of any other investigation or action under this chapter. "(B) The Trade Representative is not required under subparagraph (A) to initiate an investigation under this chapter with respect to any act, policy, or practice of a foreign country if the Trside Representative determines that the initiation of the investigation would be detrimental to United States economic interests. "(C) If the Trade Representative makes a determination under subparagraph (B) not to initiate an investigation, the Trade Representative shall submit to the Congress a written report setting forth, in detail— "(i) the reasons for the determination, and "(ii) the United States economic interests that would be adversely affected by the investigation. "(D) The Trade Representative sludl, from time to time, consult with the Roister of Copyrights, the Conunissioner of Patents and Trademarks, and odier appropriate officers of the Federal Government, during any investigation initiated under this chapter by reason of subparagraph (A).