§ 2418. Request for information

• (a) Upon receipt of written request therefor from any person, the Trade Representative shall make available to that person information (other than that to which confidentiality applies) concerning—
  • (1) the nature and extent of a specific trade policy or practice of a foreign country with respect to particular goods, services, investment, or intellectual property rights, to the extent that such information is available to the Trade Representative or other Federal agencies;
  • (2) United States rights under any trade agreement and the remedies which may be available under that agreement and under the laws of the United States; and
  • (3) past and present domestic and international proceedings or actions with respect to the policy or practice concerned.
• (b) If information that is requested by a person under subsection (a) is not available to the Trade Representative or other Federal agencies, the Trade Representative shall, within 30 days after receipt of the request—
  • (1) request the information from the foreign government; or
  • (2) decline to request the information and inform the person in writing of the reasons for refusal.
• (c)
  • (1) Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5 ), no information requested and received by the Trade Representative in aid of any investigation under this subchapter shall be made available to any person if—
    • (A) the person providing such information certifies that—
      • (i) such information is business confidential,
      • (ii) the disclosure of such information would endanger trade secrets or profitability, and
      • (iii) such information is not generally available;
    • (B) the Trade Representative determines that such certification is well-founded; and
    • (C) to the extent required in regulations prescribed by the Trade Representative, the person providing such information provides an adequate nonconfidential summary of such information.
  • (2) The Trade Representative may—
    • (A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this subchapter, or
    • (B) may make such information available to any other person in a form which cannot be associated with, or otherwise identify, the person providing the information.