a request for
consultations, the Trade Representative shall consult with
representatives of the State concerned regarding the matter. If the
consultations involve the laws of a large number of States, the Trade
Representative may consult with an appropriate group of representatives
of the States concerned, as determined by those States.

(iii) The Trade Representative shall make every effort to ensure that
the State concerned is involved in the development of the position of
the United States at each stage of the consultations and each subsequent
stage of dispute settlement proceedings regarding the matter. In
particular, the Trade Representative shall-

(I) notify the State concerned not later than 7 days after a WTO member
requests the establishment of a dispute settlement panel or gives notice
of the WTO member's decision to appeal a report by a dispute settlement
panel regarding the matter; and

(II) provide the State concerned with the opportunity to advise and
assist the Trade Representative in the preparation of factual
information and argumentation for any written or oral presentations by
the United States in consultations or in proceedings of a panel or the
Appellate Body regarding the matter.

(iv) If a dispute settlement panel or the Appellate Body finds that the
law of a State is inconsistent with any of the Uruguay Round Agreements,
the Trade Representative shall consult with the State concerned in an
effort to develop a mutually agreeable response to the report of the
panel or the Appellate Body and shall make every effort to ensure that
the State concerned is involved in the development of the United States
position regarding the response.

(D) Notice to States Regarding Consultations on Foreign Subcentral
Government Laws.

(i) Subject to clause (ii), the Trade Representative shall, at least 30
days before making a request for consultations under Article 4 of the
Dispute Settlement Understanding regarding a subcentral government
measure of another WTO member, notify, and solicit the views of,
appropriate representatives of each State regarding the matter.

(ii) In exigent circumstances clause (i) shall not apply, in which case
the Trade Representative shall notify the appropriate representatives of
each State not later than 3 days after making the request for
consultations referred to in clause (i).

(2) Legal Challenge.

(A) In General. No State law, or the application of such a State law,