Page:United States Statutes at Large Volume 102 Part 2.djvu/171

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1175

"(i) such action, and "(ii) other actions that could be taken (including actions against other products or services), and "(B) the effects of such actions on the United States Consumer protection. economy, including consumers. "SEC. 308. REQUEST FOR INFORMATION.

"(a) IN GENERAL.—Upon receipt of written request therefor from any person, the Trade Representative shall make available to that person information (other than that to which confidentiality applies) concerning— "(1) the nature and extent of a specific trade policy or practice of a foreign country with respect to particular goods, services, investment, or intellectual property rights, to the extent that such information is available to the Trade Representative or other Federal agencies;

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"(2) United States rights under any trade agreement and the remedies which may be available under that agreement and under the laws of the United States; and "(3) past and present domestic and international proceedings or actions with respect to the policy or practice concerned. "(b) I F INFORMATION NOT AVAILABLE.—If information that is requested by a person under subsection (a) is not available to the Trade Representative or other Federal agencies, the Trade Representative shall, within 30 days after receipt of the request— "(1) request the information from the foreign government; or "(2) decline to request the information and inform the person in writing of the reasons for refusal.

19 USC 2418.

Securities. Copyrights. Patents and trademarks.

Classified "(1) Except as provided in paragraph (2), and notwithstanding information.

"(c) CERTAIN BUSINESS INFORMATION NOT MADE AVAILABLE.—

any other provision of law (including section 552 of title 5, United States Code), no information requested and received by the Trade Representative in aid of any investigation under this chapter shall be made available to any person if— "(A) the person providing such information certifies that— "(i) such information is business confidential, "(ii) the disclosure of such information would endanger trade secrets or profitability, and "(iii) such information is not generally available; "(B) the Trade Representative determines that such certification is well-founded; and "(C) to the extent required in regulations prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information. "(2) The Trade Representative may— "(A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this chapter, or "(B) may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information. "SEC. 309. ADMINISTRATION.

"The Trade Representative shall—

19 USC 2419.