Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writing, that—
(1)the country of origin of the imported product is a Party to the Agreement or a foreign country described in section
2552(2) of this title; and
(2)the dispute settlement procedures provided under the Agreement are not appropriate.
(b) Exemptions
This section does not apply with respect to causes of action arising under—
(1)the antitrust laws as defined in section
12(a) of title
15; or
(2)statutes administered by the Secretary of Agriculture.
This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section
553 of title
5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.
Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writing, that—
(1)the country of origin of the imported product is a Party to the Agreement or a foreign country described in section
2552(2) of this title; and
(2)the dispute settlement procedures provided under the Agreement are not appropriate.
(b) Exemptions
This section does not apply with respect to causes of action arising under—
(1)the antitrust laws as defined in section
12(a) of title
15; or
(2)statutes administered by the Secretary of Agriculture.
This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section
553 of title
5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.
1993—Subsec. (a). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.
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19 USC
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