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Code · STATUTE-COMPILATIONS · Trade Act of 1974 · Sec. 305

Sec. 305. IMPLEMENTATION OF ACTIONS

639 words·~3 min read·/statute-compilations/comps-10384/sec-305

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## SEC. 305 IMPLEMENTATION OF ACTIONS ###
(a)Actions To Be Taken Under Section 301 ####
(1)Except as provided in paragraph (2), the Trade Representative shall implement the action the Trade Representative determines under section 304(a)(1)(B) to take under section 301, subject to the specific direction, if any, of the President regarding any such action, by no later than the date that is 30 days after the date on which such determination is made. ####
(2)#####
(A)Except as otherwise provided in this paragraph, the Trade Representative may delay, by not more than 180 days, the implementation of any action that is to be taken under section 301— ######
(i)if— ######
(I)in the case of an investigation initiated under section 302(a), the petitioner requests a delay, or ######
(II)in the case of an investigation initiated under section 302(b)(1) or to which section 304(a)(3)(B) applies, a delay is requested by a majority of the representatives of the domestic industry that would benefit from the action, or ######
(ii)if the Trade Representative determines that substantial progress is being made, or that a delay is necessary or desirable to obtain United States rights or satisfactory solution with respect to the acts, policies, or practices that are the subject of the action. #####
(B)The Trade Representative may not delay under subparagraph
(A)the implementation of any action that is to be taken under section 301 with respect to any investigation to which section 304(a)(3)(A)(ii) applies. #####
(C)The Trade Representative may not delay under subparagraph
(A)the implementation of any action that is to be taken under section 301 with respect to any investigation to which section 304(a)(3)(B) applies by more than 90 days. ###
(b)Alternative Actions in Certain Cases of Export Targeting ####
(1)If the Trade Representative makes an affirmative determination under section 304(a)(1)(A) involving export targeting by a foreign country and determines to take no action under section 301 with respect to such affirmation determination, the Trade Representative— #####
(A)shall establish an advisory panel to recommend measures which will promote the competitiveness of the domestic industry affected by the export targeting, #####
(B)on the basis of the report of such panel submitted under paragraph (2)(B) and subject to the specific direction, if any, of the President, may take any administrative actions authorized under any other provision of law, and, if necessary, propose legislation to implement any other actions, that would restore or improve the international competitiveness of the domestic industry affected by the export targeting, and #####
(C)shall, by no later than the date that is 30 days after the date on which the report of such panel is submitted under paragraph (2)(B), submit a report to the Congress on the administrative actions taken, and legislative proposals made, under subparagraph
(B)with respect to the domestic industry affected by the export targeting. ####
(2)#####
(A)The advisory panels established under paragraph (1)(A) shall consist of individuals appointed by the Trade Representative who— ######
(i)earn their livelihood in the private sector of the economy, including individuals who represent management and labor in the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 304(a)(1)(A), and ######
(ii)by education or experience, are qualified to serve on the advisory panel. #####
(B)By no later than the date that is 6 months after the date on which an advisory panel is established under paragraph (1)(A), the advisory panel shall submit to the Trade Representative and to the Congress a report on measures that the advisory panel recommends be taken by the United States to promote the competitiveness of the domestic industry affected by the export targeting that is the subject of the affirmative determination made under section 304(a)(1)(A). **[**[19 U.S.C. 2415](/us/usc/t19/s2415)**]**
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Sec. 305
IMPLEMENTATION OF ACTIONS
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