19 USC § 2413 - Consultation upon initiation of investigation

---
identifier: "/us/usc/t19/s2413"
source: "usc"
legal_status: "official_prima_facie"
title: "19 USC § 2413 - Consultation upon initiation of investigation"
title_number: 19
title_name: "CUSTOMS DUTIES"
section_number: "2413"
section_name: "Consultation upon initiation of investigation"
chapter_number: 12
chapter_name: "TRADE ACT OF 1974"
subchapter_number: "III"
subchapter_name: "ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–618, title III, § 303, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98–573, title III, §§ 304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3004, 3005, 3012; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1170.)"
---


# § 2413. Consultation upon initiation of investigation

**(a)** **In general**

**(1)** On the date on which an investigation is initiated under section 2412 of this title, the Trade Representative, on behalf of the United States, shall request consultations with the foreign country concerned regarding the issues involved in such investigation.

**(2)** If the investigation initiated under section 2412 of this title involves a trade agreement and a mutually acceptable resolution is not reached before the earlier of—

the Trade Representative shall promptly request proceedings on the matter under the formal dispute settlement procedures provided under such agreement.

**(A)** the close of the consultation period, if any, specified in the trade agreement, or

**(B)** the 150th day after the day on which consultation was commenced,

**(3)** The Trade Representative shall seek information and advice from the petitioner (if any) and the appropriate committees established pursuant to section 2155 of this title in preparing United States presentations for consultations and dispute settlement proceedings.

**(b)** **Delay of request for consultations**

**(1)** Notwithstanding the provisions of subsection (a)—

**(A)** the United States Trade Representative may, after consulting with the petitioner (if any), delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and

**(B)** if such consultations are delayed by reason of subparagraph (A), each time limitation under section 2414 of this title shall be extended for the period of such delay.

**(2)** The Trade Representative shall—

**(A)** publish notice of any delay under paragraph (1) in the Federal Register, and

**(B)** report to Congress on the reasons for such delay in the report required under section 2419(a)(3) of this title.

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**Source Credit**: (Pub. L. 93–618, title III, § 303, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98–573, title III, §§ 304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3004, 3005, 3012; Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1170.)

## Editorial Notes

### Amendments

1988— amended section generally, revising and restating substantially similar provisions.

1984—Subsec. (a). , §§ 304(d)(2)(B), (e)(1), 306(c)(2)(C)(ii), designated existing provisions as subsec. (a), struck out “with respect to a petition” after “”, inserted “or the determination of the Trade Representative under ” after “in the petition”, and “(if any)” after “petitioner”, and struck out “private sector” after “appropriate”.

Subsec. (b). , added subsec. (b).

## Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by  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 a note under .