Page:United States Statutes at Large Volume 93.djvu/329

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-39—JULY 26, 1979 under section 301 and setting forth the allegations in support of the request. The Special Representative shall review the allegations in the petition and, not later than 45 days after the date on which he received the petition, shall determine whether to initiate an investigation. "(b) DETERMINATIONS REGARDING PETITIONS.— "(1) NEGATIVE DETERMINATION.—If the Special Representative

determines not to initiate an investigation with respect to a petition, he shall inform the petitioner of his reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register.

93 STAT. 297 Allegations, review.

Publication in Federal Register.

"(2) AFFIRMATIVE DETERMINATION.—If the Special Representa-

tive determines to initiate an investigation with respect to a petition, he shall initiate an investigation regarding the issues raised. The Special Representative shall publish the text 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 after the date of the 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. "SEC. 303. CONSULTATION UPON INITIATION OF INVESTIGATION.

Publication in Federal Register. Hearing.

19 USC 2413.

"On the date an affirmative determination is made under section 302(b) with respect to a petition, the Special Representative, on behalf of the United States, shall request consultations with the foreign country or instrumentality concerned regarding issues raised in the petition. If the case involves a trade agreement and a mutually acceptable resolution is not reached during the consultation period, if any, specified in the trade agreement, the Special Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under such agreement. The Special Representative shall seek information and advice from the petitioner and the appropriate private sector representatives provided for under section 135 in preparing United States presentations 19 USC 2155. for consultations and dispute settlement proceedings. "SEC. 304. RECOMMENDATIONS BY THE SPECIAL REPRESENTATIVE.

19 USC 2414.

"(a) RECOMMENDATIONS.—

"(1) IN GENERAL.—On the basis of the investigation under section 302, and the consultations (and the proceedings, if applicable) under section 303, and subject to subsection (b), the Special Representative shall recommend to the President what action, if any, he should take under section 301 with respect to the issues raised in the petition. The Special Representative shall make that recommendation not later than— "(A) 7 months after the date of the initiation of the investigation under section 302(b)(2) if the petition alleges only an export subsidy covered by the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (relating to 26 UST 3083. subsidies and countervailing measures and hereinafter referred to in this section as the 'Subsidies Agreement');