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19 U.S.C. § 4571Definitions

submitted 6 years ago by Pub. L. 116-113 to r/title-19-CUSTOMS-DUTIES · 642 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in this part about cross-border long-haul trucking between the United States and Mexico. The definitions cover geographic areas, cargo, vehicles, participants, market harm, and the United States trucking industry.

In this part: (1) “Border commercial zone” means (A) the United States territory of municipalities along the United States-Mexico border and those municipalities' commercial zones described in 49 C.F.R. part 372, subpart B; and (B) additional border crossings and related commercial zones listed in Federal Motor Carrier Safety Administration OP–2 application instructions or successor documents. (2) “Cargo originating in Mexico” means any cargo that enters the United States by commercial motor vehicle from Mexico, including cargo that began in another country. (3) “Change in circumstance” may include a substantial increase in services supplied by the recipient of a grant of authority. (4) “Commercial motor vehicle” means a commercial motor vehicle as defined in 49 U.S.C. § 31132(1) that meets that paragraph's subparagraph (A) requirements. This section does not define “commercial motor vehicle” itself. (5) “Cross-border long-haul trucking services” means (A) transporting by commercial motor vehicle cargo originating in Mexico to a United States point outside a border commercial zone; or (B) transporting by commercial motor vehicle cargo originating in the United States from a United States point outside a border commercial zone to a point in a border commercial zone or in Mexico. (6) “Driver” means a person who drives a commercial motor vehicle in cross-border long-haul trucking services. (7) “Grant of authority” means registration granted under 49 U.S.C. § 13902, or a successor provision, to persons of Mexico to provide cross-border long-haul trucking services in the United States. (8) “Interested party” means (A) United States persons providing cross-border long-haul trucking services; (B) a trade or business association whose relevant United States long-haul trucking industry members are a majority; (C) a certified or recognized union, or representative group of United States industry suppliers, operators, or drivers; (D) the Government of Mexico; or (E) persons of Mexico. (9) “Material harm” means a significant loss by United States persons in their share of the United States market or relevant submarket for cross-border long-haul trucking services. (10) “Operator” or “supplier” means an entity registered under 49 U.S.C. § 13902 to provide those services. (11) “Persons of Mexico” includes (A) entities domiciled in Mexico and organized or otherwise formed under Mexican law, including Mexico-domiciled subsidiaries of United States companies or entities owned or controlled by a Mexican national, that provide these services or employ drivers who are not United States nationals; and (B) drivers who are Mexican nationals. (12) “Persons of the United States” includes entities domiciled in the United States, organized or otherwise formed under United States law, and not owned or controlled by persons of Mexico, that provide these services, and long-haul commercial motor vehicle drivers who are United States nationals. (13) “Threat of material harm” means material harm likely to occur. (14) “United States long-haul trucking services industry” means (A) all United States suppliers, operators, or drivers providing these services; or (B) United States suppliers, operators, or drivers providing them in a specific submarket of the whole United States market.
the actual law source: uscode.house.gov ↗public domain

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 section 31132 of title 49, that meets the requirements of subparagraph (A) of such paragraph.

(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 section 13902 of title 49, or a successor provision, to persons of Mexico to conduct cross-border long-haul trucking services in the United States.

(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 section 13902 of title 49 to provide cross-border long-haul trucking services.

(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.

Source credit: (Pub. L. 116–113, title III, § 321, Jan. 29, 2020, 134 Stat. 54.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-113 · 134 Stat. 54

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-113 on 2020-01-29.

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