SUBCHAPTER III—APPLICATION OF USMCA TO SECTORS AND SERVICES
Part A—Relief From Injury Caused by Import Competition
Editorial Notes
Codification
§4551. USMCA article impact in import relief cases under Trade Act of 1974
(a) In general
If, in any investigation initiated under
(1) imports of the article from a USMCA country, considered individually, account for a substantial share of total imports; and
(2) imports of the article from a USMCA country, considered individually or, in exceptional circumstances, imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, caused by imports.
(b) Factors
(1) Substantial import share
In determining whether imports from a USMCA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period.
(2) Application of "contribute importantly" standard
In determining whether imports from a USMCA country or countries contribute importantly to the serious injury, or threat thereof, the International Trade Commission shall consider such factors as the change in the import share of the USMCA country or countries, and the level and change in the level of imports of such country or countries. In applying the preceding sentence, imports from a USMCA country or countries normally shall not be considered to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from such country or countries during the period in which an injurious increase in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.
(c) "Contribute importantly" defined
For purposes of this section and
(
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsec. (a), is
Codification
Section was formerly classified to
Amendments
2020—
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
"(1)
"(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and
"(B) apply with respect to an investigation under
"(2)
"(A) the transfers, redesignations, and amendments made by this section shall not apply with respect to the investigation; and
"(B) sections 311 and 312 of the North American Free Trade Agreement Implementation Act (
[For definition of "USMCA" as used in section 502(e) of
§4552. Presidential action regarding USMCA imports
(a) In general
In determining whether to take action under
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
(b) Exclusion of USMCA imports
In determining the nature and extent of action to be taken under
(c) Action after exclusion of USMCA country imports
(1) In general
If the President, under subsection (b), excludes imports from a USMCA country or countries from action under
(A) the President may take appropriate action under such
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2) Investigation
Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
(3) "Surge" defined
For purposes of this subsection, the term "surge" means a significant increase in imports over the trend for a recent representative base period.
(d) Condition applicable to quantitative restrictions
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
(
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsecs. (a) to (c), is
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
Part B—Temporary Entry of Business Persons
Editorial Notes
Codification
§4561. Temporary entry
Upon a basis of reciprocity secured by the USMCA, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477,
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Effective Date
Part C—United States-Mexico Cross-Border Long-Haul Trucking Services
§4571. Definitions
In this part:
(1) Border commercial zone
The term "border commercial zone" means—
(A) the area of United States territory of the municipalities along the United States-Mexico international border and the commercial zones of such municipalities as described in subpart B of part 372 of title 49, Code of Federal Regulations; and
(B) any additional border crossing and associated commercial zones listed in the Federal Motor Carrier Safety Administration OP–2 application instructions or successor documents.
(2) Cargo originating in Mexico
The term "cargo originating in Mexico" means any cargo that enters the United States by commercial motor vehicle from Mexico, including cargo that may have originated in a country other than Mexico.
(3) Change in circumstances
The term "change in circumstance" may include a substantial increase in services supplied by the grantee of a grant of authority.
(4) Commercial motor vehicle
The term "commercial motor vehicle" means a commercial motor vehicle, as such term is defined in paragraph (1) of
(5) Cross-border long-haul trucking services
The term "cross-border long-haul trucking services" means—
(A) the transportation by commercial motor vehicle of cargo originating in Mexico to a point in the United States outside of a border commercial zone; or
(B) the transportation by commercial motor vehicle of cargo originating in the United States from a point in the United States outside of a border commercial zone to a point in a border commercial zone or a point in Mexico.
(6) Driver
The term "driver" means a person that drives a commercial motor vehicle in cross-border long-haul trucking services.
(7) Grant of authority
The term "grant of authority" means registration granted pursuant to
(8) Interested party
The term "interested party" means—
(A) persons of the United States engaged in the provision of cross-border long-haul trucking services;
(B) a trade or business association, a majority of whose members are part of the relevant United States long-haul trucking services industry;
(C) a certified or recognized union, or representative group of suppliers, operators, or drivers who are part of the United States long-haul trucking services industry;
(D) the Government of Mexico; or
(E) persons of Mexico.
(9) Material harm
The term "material harm" means a significant loss in the share of the United States market or relevant sub-market for cross-border long-haul trucking services held by persons of the United States.
(10) Operator or supplier
The term "operator" or "supplier" means an entity that has been granted registration under
(11) Persons of Mexico
The term "persons of Mexico" includes—
(A) entities domiciled in Mexico organized, or otherwise constituted under Mexican law, including subsidiaries of United States companies domiciled in Mexico, or entities owned or controlled by a Mexican national, which conduct cross-border long-haul trucking services, or employ drivers who are non-United States nationals; and
(B) drivers who are Mexican nationals.
(12) Persons of the United States
The term "persons of the United States" includes entities domiciled in the United States, organized or otherwise constituted under United States law, and not owned or controlled by persons of Mexico, which provide cross-border long-haul trucking services and long-haul commercial motor vehicle drivers who are United States nationals.
(13) Threat of material harm
The term "threat of material harm" means material harm that is likely to occur.
(14) United States long-haul trucking services industry
The term "United States long-haul trucking services industry" means—
(A) United States suppliers, operators, or drivers as a whole providing cross-border long-haul trucking services; or
(B) United States suppliers, operators, or drivers providing cross-border long-haul trucking services in a specific sub-market of the whole United States market.
(
Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle C (§§321–327) of title III of
§4572. Investigations and determinations by Commission
(a) Investigation
Upon the filing of a petition by an interested party described in subparagraph (A), (B), or (C) of
(1) whether a request by a person of Mexico to receive a grant of authority that is pending as of the date of the filing of the petition threatens to cause material harm to a United States long-haul trucking services industry;
(2) whether a person of Mexico who has received a grant of authority on or after the date of entry into force of the USMCA and retains such grant of authority is causing or threatens to cause material harm to a United States long-haul trucking services industry; or
(3) whether, with respect to a person of Mexico who has received a grant of authority before the date of entry into force of the USMCA and retains such grant of authority, there has been a change in circumstances such that such person of Mexico is causing or threatens to cause material harm to a United States long-haul trucking services industry.
(b) Transmission of petition, request, or resolution
The Commission shall transmit a copy of any petition, request, or resolution filed under subsection (a) to the Trade Representative and the Secretary of Transportation.
(c) Publication and hearings
The Commission shall—
(1) promptly publish notice of the commencement of any investigation under subsection (a) in the Federal Register; and
(2) within a reasonable time period thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to presentations of other parties, and otherwise to be heard.
(d) Factors applied in making determinations
In making a determination under subsection (a) of whether a request by a person of Mexico to receive a grant of authority, or a person of Mexico who has received a grant of authority and retains such grant of authority, as the case may be, threatens to cause material harm to a United States long-haul trucking services industry, the Commission shall—
(1) consider, among other things, and as relevant—
(A) the volume and tonnage of merchandise transported; and
(B) the employment, wages, hours of service, and working conditions; and
(2) with respect to a change in circumstances described in subsection (a)(3), take into account those operations by persons of Mexico under grants of authority in effect as of the date of entry into force of the USMCA are not causing material harm.
(e) Assistance to Commission
(1) In general
At the request of the Commission, the Secretary of Homeland Security shall consult with the Commission and shall collect and maintain such additional data and other information on commercial motor vehicles entering or exiting the United States at a port of entry or exit at the United States border with Mexico as the Commission may request for the purpose of conducting investigations under subsection (a) and shall make such information available to the Commission in a timely manner.
(2) Requests for information
(A) In general
At the request of the Commission, the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Commerce, the Secretary of Labor, and the head of any other Federal agency shall make available to the Commission any information in their possession, including proprietary information, as the Commission may require in order to assist the Commission in making determinations under subsection (a).
(B) Confidential business information
The Commission shall treat any proprietary information obtained under subparagraph (A) as confidential business information in accordance with regulations adopted by the Commission to carry out this part.
(f) Limited disclosure of confidential business information under protective order
The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under subsection (a).
(g) Deadline for determination
(1) In general
Not later than 120 days after the date on which an investigation is initiated under subsection (a) with respect to a petition, request, or resolution, the Commission shall make a determination with respect to the petition, request, or resolution.
(2) Exception
If, before the 100th day after an investigation is initiated under subsection (a), the Commission determines that the investigation is extraordinarily complicated, the Commission shall make its determination with respect to the investigation not later than 150 days after the date referred to in paragraph (1).
(h) Applicable provisions
For purposes of this part, the provisions of paragraphs (1), (2), and (3) of
(
Editorial Notes
References in Text
This part, referred to in subsecs. (a), (e)(2)(B), and (h), was in the original "this subtitle", meaning subtitle C (§§321–327) of title III of
§4573. Commission recommendations and report
(a) In general
If the Commission makes an affirmative determination under
(b) Limitation
Only those members of the Commission who agreed to the affirmative determination under
(c) Report
Not later than the date that is 60 days after the date on which the determination is made under
(1) the determination and an explanation of the basis for the determination;
(2) if the determination is affirmative, recommendations for action and an explanation of the basis for the recommendation; and
(3) any dissenting or separate views by members of the Commission regarding the determination.
(d) Public notice
Upon submitting a report to the President under subsection (c), the Commission shall—
(1) promptly make public the report (with the exception of information which the Commission determines to be confidential business information); and
(2) publish a summary of the report in the Federal Register.
(
§4574. Action by President with respect to affirmative determination
(a) In general
Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission's determination under
(1) the President shall, subject to subsection (b), issue an order to the Secretary of Transportation specifying the relief to be provided, consistent with subsection (c), and directing the relief to be carried out; and
(2) the Secretary of Transportation shall carry out such relief.
(b) Exception
The President is not required to provide relief under this section if the President determines that provision of such relief—
(1) is not in the national economic interest of the United States; or
(2) would cause serious harm to the national security of the United States.
(c) Nature of relief
(1) In general
The relief the President is authorized to provide under this subsection is as follows:
(A)(i) With respect to a determination relating to an investigation under
(ii) With respect to a determination relating to an investigation under
(B) With respect to a determination relating to an investigation under section 4572(a)(2) or (3) of this title, the revocation or imposition of limitations on an existing grant of authority by the persons of Mexico that are the subject of the investigation.
(C) With respect to a determination relating to an investigation under
(2) Deadline for relief
Not later than 15 days after the date on which the President determines the relief to be provided under this subsection, the President shall direct the Secretary of Transportation to carry out the relief.
(d) Period of relief
(1) In general
Subject to paragraph (2), any relief that the President provides under this section may not be in effect for more than 2 years.
(2) Extension
(A) In general
Subject to subparagraph (C), the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which contains a determination that the President may treat as affirmative in accordance with
(B) Action by Commission
(i) Investigation
Upon request of the President, or upon the filing by an interested party described in subparagraph (A), (B), or (C) of
(ii) Notice and hearing
The Commission shall—
(I) publish notice of the commencement of an investigation under clause (i) in the Federal Register; and
(II) within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise be heard.
(iii) Report
Not later than the date that is 60 days before relief provided under subsection (a) is to terminate, or such other date as determined by the President, the Commission shall submit to the President a report on its investigation and determination under this subparagraph.
(C) Period of relief
Any relief provided under this section, including any extension thereof, may not, in the aggregate, be in effect for more than 6 years.
(D) Limitation
(i) In general
Except as provided in clause (ii), the Commission may not conduct an investigation under subparagraph (B)(i) if—
(I) the subject matter of the investigation is the same as the subject matter of a previous investigation conducted under subparagraph (B)(i); and
(II) less than 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation.
(ii) Exception
Clause (i) shall not apply with respect to an investigation if the Commission determines good cause exists to conduct the investigation.
(e) Regulations
The Commission and the Secretary of Transportation are authorized to promulgate such rules and regulations as may be necessary to carry out this part.
(
Editorial Notes
References in Text
This part, referred to in subsec. (e), was in the original "this subtitle", meaning subtitle C (§§321–327) of title III of
Executive Documents
Delegation of Functions
Proc. No. 10053, par. (13), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative, after consultation with the Secretary of Transportation, to exercise the authority of the President under this section.