Page:United States Statutes at Large Volume 102 Part 2.djvu/167

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1171

"(2) The Trade Representative shall make the determinations required under paragraph (1) on or before— "(A) in the case of an investigation involving a trade agreement (other than the agreement on subsidies and countervailing measures described in section 2(c)(5) of the Trade Agreements Act of 1979), the earlier of— "(i) the date that is 30 days after the date on which the dispute settlement procedure is concluded, or "(ii) the date that is 18 months after the date on which the investigation is initiated, or "(B) in all cases not described in subparagraph (A) or paragraph (3), the date that is 12 months after the date on which the investigation is initiated. "(3)(A) If an investigation is initiated under this chapter by reason of section 302(b)(2) and the Trade Representative does not make a determination described in subpars^aph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation by no later than the date that is 6 months after the date on which such investigation is initiated. "(B) If the Trade Representative determines with respect to any investigation initiated by reason of section 302(b)(2) that— "(i) complex or complicated issues are involved in the investigation that require additional time, "(ii) the foreign country involved in the investigation is Copyrights. making substantial progress in drafting or implementing Patents and l^islative or administrative measures that will provide trademarks. adequate and effective protection of intellectual property rights, or "(iii) such foreign country is undertaking enforcement measures to provide adequate and effective protection of intellectual property rights, the Trade Representative shall publish in the Federal Register Federal notice of such determination and shall make the determinations Register, required under paragraph (1) ¥ath respect to such investigation publication. by no later than the date that is 9 months after the date on which such investigation is initiated. "(4) In any case in which a dispute is not resolved before the Reports. close of the minimum dispute settlement period provided for in a trade agreement (other than the agreement on subsidies and countervailing measures described in section 2(c)(5) of the Trade Agreements Act of 1979), the Trade Representative, within 15 days after the close of such dispute settlement period, shall submit a report to Congress setting forth the reasons why the dispute was not resolved within the minimum dispute settlement period, the status of the case at the close of the period, and the prospects for resolution. For purposes of this paragraph, the minimum dispute settlement period provided for under any such trade agreement is the total period of time that results u all stages of the formal dispute settlement procedures are carried out within the time limitations specified in the agreement, but computed without r ^ a r d to any extension authorized under the agreement at any sts^e. '(b) CONSULTATION BEFORE DETERMINATIONS.—

"(1) Before making the determinations required under subsection (a)(D, the Trade Representative, unless expeditious action is r e q u i r e d -