Section 301 specifies if the United States Trade Representative should take mandatory or discretionary action.
Mandatory action is taken when there is a violation in a trade agreement.
Investigative procedure The USTR has up to 45 days, after a petition is received, to decide if they will initiate an investigation. Once a decision is made concerning the investigation, a notice is published in the Federal Register. The USTR will begin every investigation with dispute settlement proceedings. These proceedings include consultation with the government whose unfair trade practices are under investigation. The USTR is required by law to request consultation at the time an investigation is announced.