§ 2414. Determinations by Trade Representative
(a)
In general
(1)
On the basis of the investigation initiated under section
2412 of this title and the consultations (and the proceedings, if applicable) under section
2413 of this title, the Trade Representative shall—
(A)
determine whether—
(i)
the rights to which the United States is entitled under any trade agreement are being denied, or
(ii)
any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of section
2411 of this title exists, and
(B)
if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of section
2411 of this title.
(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, except an investigation initiated pursuant to section
2412
(b)(2)(A) of this title involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in section
3511
(d)(15) of this title) or the GATT 1994 (as defined in section
3501
(1)(B) of this title) relating to products subject to intellectual property protection, the earlier of—
(3)
(A)
If an investigation is initiated under this subchapter by reason of section
2412
(b)(2) of this title and—
(i)
the Trade Representative considers that rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the GATT 1994 relating to products subject to intellectual property protection are involved, the Trade Representative shall make the determination required under paragraph (1) not later than 30 days after the date on which the dispute settlement procedure is concluded; or
(ii)
the Trade Representative does not consider that a trade agreement, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, is involved or does not make a determination described in subparagraph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation not 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 an investigation initiated by reason of section
2412
(b)(2) of this title (other than an investigation involving a trade agreement) that—
(ii)
the foreign country involved in the investigation is making substantial progress in drafting or implementing legislative or administrative measures that will provide 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 notice of such determination and shall make the determinations required under paragraph (1) with respect to such investigation 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 close of the minimum dispute settlement period provided for in a trade agreement, 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 if all stages of the formal dispute settlement procedures are carried out within the time limitations specified in the agreement, but computed without regard to any extension authorized under the agreement at any stage.
(b)
Consultation before determinations
(1)
Before making the determinations required under subsection (a)(1) of this section, the Trade Representative, unless expeditious action is required—
(A)
shall provide an opportunity (after giving not less than 30 days notice thereof) for the presentation of views by interested persons, including a public hearing if requested by any interested person,
(B)
shall obtain advice from the appropriate committees established pursuant to section
2155 of this title, and
(c)
Publication
The Trade Representative shall publish in the Federal Register any determination made under subsection (a)(1) of this section, together with a description of the facts on which such determination is based.