---
kind: "section"
citation: "19 U.S.C. § 2416"
title: "19"
title_heading: "Customs Duties"
number: "2416"
heading: "Monitoring of foreign compliance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2416"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter III — Enforcement of United States Rights under Trade Agreements and Response to Certain Foreign Trade Practices"
---

# §2416. Monitoring of foreign compliance

- (a) **In general—** The [Trade Representative](/usc/19/1677.md?p=32) shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign [country](/usc/19/1677.md?p=3) to provide a satisfactory resolution of a matter subject to investigation under this subchapter or subject to dispute settlement proceedings to enforce the rights of the [United States](/usc/19/2319.md?p=8) under a trade agreement providing for such proceedings.
- (b) **Action on the basis of monitoring—**
  - (1) **In general—** If, on the basis of the monitoring carried out under [subsection (a)](#a), the [Trade Representative](/usc/19/1677.md?p=32) considers that a foreign [country](/usc/19/1677.md?p=3) is not satisfactorily implementing a measure or agreement referred to in [subsection (a)](#a), the [Trade Representative](/usc/19/1677.md?p=32) shall determine what further action the [Trade Representative](/usc/19/1677.md?p=32) shall take under [section 2411(a) of this title](/usc/19/2411.md?p=a). For purposes of [section 2411 of this title](/usc/19/2411.md), any such determination shall be treated as a determination made under [section 2414(a)(1) of this title](/usc/19/2414.md?p=a-1).
  - (2) **WTO dispute settlement recommendations—**
    - (A) **Failure to implement recommendation—** If the measure or agreement referred to in [subsection (a)](#a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the [Trade Representative](/usc/19/1677.md?p=32) considers that the foreign [country](/usc/19/1677.md?p=3) has failed to implement it, the [Trade Representative](/usc/19/1677.md?p=32) shall make the determination in [paragraph (1)](#b-1) no later than 30 days after the expiration of the reasonable period of time provided for such implementation under paragraph 21 of the Understanding on Rules and Procedures Governing the Settlement of Disputes that is referred to in [section 3511(d)(16) of this title](/usc/19/3511.md?p=d-16).
    - (B) **Revision of retaliation list and action—**
      - (i) **In general—** Except as provided in [clause (ii)](#b-2-B-ii), in the event that the [United States](/usc/19/2319.md?p=8) initiates a retaliation list or takes any other action described in [section 2411(c)(1)(A)](/usc/19/2411.md?p=c-1-A) or (B) of this title against the goods of a foreign [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) because of the failure of such [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) to implement the recommendation made pursuant to a dispute settlement proceeding under the World Trade Organization, the [Trade Representative](/usc/19/1677.md?p=32) shall periodically revise the list or action to affect other goods of the [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) that have failed to implement the recommendation.
      - (ii) **Exception—** The [Trade Representative](/usc/19/1677.md?p=32) is not required to revise the retaliation list or the action described in [clause (i)](#b-2-B-i) with respect to a [country](/usc/19/1677.md?p=3), if—
        - (I) the [Trade Representative](/usc/19/1677.md?p=32) determines that implementation of a recommendation made pursuant to a dispute settlement proceeding described in [clause (i)](#b-2-B-i) by the [country](/usc/19/1677.md?p=3) is imminent; or
        - (II) the [Trade Representative](/usc/19/1677.md?p=32) together with the petitioner involved in the initial investigation under this subchapter (or if no petition was filed, the affected [United States](/usc/19/2319.md?p=8) [industry](/usc/19/1677.md?p=4-A)) agree that it is unnecessary to revise the retaliation list.
    - (C) **Schedule for revising list or action—** The [Trade Representative](/usc/19/1677.md?p=32) shall, 120 days after the date the retaliation list or other [section 2411(a)](/usc/19/2411.md?p=a) action is first taken, and every 180 days thereafter, review the list or action taken and revise, in whole or in part, the list or action to affect other goods of the subject [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3).
    - (D) **Standards for revising list or action—** In revising any list or action against a [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) under this subsection, the [Trade Representative](/usc/19/1677.md?p=32) shall act in a manner that is most likely to result in the [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) implementing the recommendations adopted in the dispute settlement proceeding or in achieving a mutually satisfactory solution to the issue that gave rise to the dispute settlement proceeding. The [Trade Representative](/usc/19/1677.md?p=32) shall consult with the petitioner, if any, involved in the initial investigation under this subchapter.
    - (E) **Retaliation list—** The term “retaliation list” means the list of products of a foreign [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) that have failed to comply with the report of the panel or Appellate Body of the WTO and with respect to which the [Trade Representative](/usc/19/1677.md?p=32) is imposing [duties](/usc/19/2481.md?p=1) above the level that would otherwise be imposed under the Harmonized Tariff Schedule of the [United States](/usc/19/2319.md?p=8).
    - (F) **Requirement to include reciprocal goods on retaliation list—** The [Trade Representative](/usc/19/1677.md?p=32) shall include on the retaliation list, and on any revised lists, reciprocal goods of the [industries](/usc/19/1677.md?p=4-A) affected by the failure of the foreign [country](/usc/19/1677.md?p=3) or [countries](/usc/19/1677.md?p=3) to implement the recommendation made pursuant to a dispute settlement proceeding under the World Trade Organization, except in cases where [existing](/usc/19/2481.md?p=7) retaliation and its corresponding preliminary retaliation list do not already meet this requirement.
- (c) **Exercise of WTO authorization to suspend concessions or other obligations—** If—
  - (1) action has terminated pursuant to [section 2417(c) of this title](/usc/19/2417.md?p=c),
  - (2) the petitioner or any representative of the domestic [industry](/usc/19/1677.md?p=4-A) that would benefit from reinstatement of action has submitted to the [Trade Representative](/usc/19/1677.md?p=32) a written request for reinstatement of action, and
  - (3) the [Trade Representatives](/usc/19/1677.md?p=32)[^1] has completed the requirements of [subsection (d)](#d) and [section 2417(c)(3) of this title](/usc/19/2417.md?p=c-3),

  the [Trade Representative](/usc/19/1677.md?p=32) may at any time determine to take action under [section 2411(c) of this title](/usc/19/2411.md?p=c) to exercise an authorization to suspend concessions or other obligations under Article 22 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (referred to in [section 3511(d)(16) of this title](/usc/19/3511.md?p=d-16)).

- (d) **Consultations—** Before making any determination under subsection [(b)](#b) or [(c)](#c), the [Trade Representative](/usc/19/1677.md?p=32) shall—
  - (1) consult with the petitioner, if any, involved in the initial investigation under this subchapter and with representatives of the domestic [industry](/usc/19/1677.md?p=4-A) concerned; and
  - (2) provide an opportunity for the presentation of views by interested [persons](/usc/19/2401.md?p=2).

## Footnotes

[^1]: So in original. Probably should be “Representative”.

## Source credit

(Pub. L. 93–618, title III, § 306, as added Pub. L. 96–39, title IX, § 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1173; Pub. L. 103–465, title III, § 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub. L. 104–295, § 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 106–200, title IV, § 407, May 18, 2000, 114 Stat. 293; Pub. L. 114–125, title VI, § 602(a), (b)(2), (3), Feb. 24, 2016, 130 Stat. 184.)

## Notes

### Editorial Notes

### References in Text

The Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(2)(E), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

### Amendments

2016—Subsec. (b). Pub. L. 114–125, § 602(b)(2), substituted “Action on the basis of monitoring” for “Further action” in heading.

Subsec. (c). Pub. L. 114–125, § 602(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 114–125, § 602(a)(1), (b)(3), redesignated subsec. (c) as (d) and inserted “or (c)” after “subsection (b)” in introductory provisions.

2000—Subsec. (b)(2). Pub. L. 106–200 designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) to (F).

1996—Subsec. (b)(1). Pub. L. 104–295 made technical amendment to Pub. L. 103–465. See 1994 Amendment note below.

1994—Subsecs. (a), (b). Pub. L. 103–465, as amended by Pub. L. 104–295, amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) read as follows:

“(a) In General.—The Trade Representative shall monitor the implementation of each measure undertaken, or agreement of a kind described in clause (i), (ii), or (iii) of section 2411(a)(2)(B) of this title that is entered into under subsection (a) or (b) of section 2411 of this title, by a foreign country—

“(1) to enforce the rights of the United States under any trade agreement, or

“(2) to eliminate any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of section 2411 of this title.

“(b) Further Action.—If, on the basis of the monitoring carried out under subsection (a) of this section, the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a) of this section, the Trade Representative shall determine what further action the Trade Representative shall take under section 2411(a) of this title. For purposes of section 2411 of this title, any such determination shall be treated as a determination made under section 2414(a)(1) of this title.”

1988—Pub. L. 100–418 amended section generally, substituting provisions relating to monitoring of foreign compliance for provisions relating to administration. See section 2419 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 316(a) of Pub. L. 103–465, set out as an Effective Date note under section 3581 of this title.

### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title.