Pub. L. 108-429, tit. II, subtit. C, sec. 2201
USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS.
SEC. 2201. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS.(a) In General.—Section 304(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2414(a)(2)(A)) is amended by inserting after “agreement,” the following: “except an investigation initiated pursuant to section 118 STAT. 2599 302(b)(2)(A) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in section 101(d)(15) of the Uruguay Round Agreements Act) or the GATT 1994 (as defined in section 2(1)(B) of that Act) relating to products subject to intellectual property protection,”.(b) Timeframe for TRIPS Agreement Determinations.—Section 304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows:“(3)(A) If an investigation is initiated under this chapter by reason of section 302(b)(2) 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.”.(c) Conforming Amendment.—Section 305(a)(2)(B) of the Trade Act of 1974 is amended by striking “section 304(a)(3)(A)” and inserting “section 304(a)(3)(A)(ii)”.