19 U.S.C. § 2417 | Modification and termination of actions

(a)

In general

(1)

section 2411 of this title The Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under if—

(A)

section 2411(a)(2) of this title any of the conditions described in exist,

(B)

the burden or restriction on United States commerce of the denial rights, or of the acts, policies, and practices, that are the subject of such action has increased or decreased, or

(C)

section 2411(b) of this title such action is being taken under and is no longer appropriate.

(2)

section 2411 of this title Before taking any action under paragraph (1) to modify or terminate any action taken under , the Trade Representative shall consult with the petitioner, if any, and with representatives of the domestic industry concerned, and shall provide opportunity for the presentation of views by other interested persons affected by the proposed modification or termination concerning the effects of the modification or termination and whether any modification or termination of the action is appropriate.

(b)

Notice; report to Congress

section 2411 of this titleThe Trade Representative shall promptly publish in the Federal Register notice of, and report in writing to the Congress with respect to, any modification or termination of any action taken under and the reasons therefor.

(c)

Review of necessity

(1)

If—

(A)

section 2411 of this title a particular action has been taken under during any 4-year period, and

(B)

neither the petitioner nor any representative of the domestic industry which benefits from such action has submitted to the Trade Representative during the last 60 days of such 4-year period a written request for the continuation of such action,

such action shall terminate at the close of such 4-year period.

(2)

The Trade Representative shall notify by mail the petitioner and representatives of the domestic industry described in paragraph (1)(B) of any termination of action by reason of paragraph (1) at least 60 days before the date of such termination.

(3)

section 2411 of this title section 2416(c)(2) of this title If a request is submitted to the Trade Representative under paragraph (1)(B) to continue taking a particular action under , or if a request is submitted to the Trade Representative under to reinstate action, the Trade Representative shall conduct a review of—

(A)

section 2411 of this title the effectiveness in achieving the objectives of of—

(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 economy, including consumers.

Pub. L. 93–618, title III, § 307 Pub. L. 100–418, title I, § 1301(a)Aug. 23, 1988102 Stat. 1174 Pub. L. 114–125, title VI, § 602(b)(4)Feb. 24, 2016130 Stat. 184(, as added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 114–125 section 2416(c)(2) of this title section 2411 of this title2016—Subsec. (c)(3). inserted “or if a request is submitted to the Trade Representative under to reinstate action,” after “under ,” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

section 2412 of this titleAug. 23, 1988Aug. 23, 1988section 2414 of this title section 1301(c) of Pub. L. 100–418 section 2411 of this titleSection applicable to petitions filed, and investigations initiated, under on or after , and petitions filed, and investigations initiated, before , if by such date no decision had been made under regarding the petition or investigation, see , set out as an Effective Date of 1988 Amendment note under .