19 U.S.C. § 4572 — Investigations and determinations by Commission
submitted 6 years ago by Pub. L. 116-113 to r/title-19-CUSTOMS-DUTIES · 843 words · no verdicts yet
The International Trade Commission must investigate certain Mexican grants of authority when an authorized petition, request, or congressional resolution is filed. It must hold hearings, gather information, apply specified harm factors, and decide within 120 days, or 150 days for an extraordinarily complicated investigation.
(a) Investigation. When a qualifying interested party* representative files a petition, or the President or Trade Representative requests an investigation, or the House Committee on Ways and Means or Senate Committee on Finance adopts a resolution, the International Trade Commission (called the “Commission” in this part) must promptly investigate whether—(1) a pending request by a person of Mexico for a grant of authority* threatens material harm* to a United States long-haul trucking services industry*; (2) a person of Mexico granted authority on or after the USMCA entered into force and still holding it is causing or threatens such harm; or (3) a person of Mexico granted authority before the USMCA entered into force and still holding it has experienced a change in circumstances such that the person is causing or threatens such harm.
(b) Transmission. The Commission must send a copy of every petition, request, or resolution under subsection (a) to the Trade Representative and Secretary of Transportation.
(c) Publication and hearings. The Commission must (1) promptly publish notice in the Federal Register that an investigation has begun; and (2) within a reasonable time, hold public hearings where interested parties may attend, present evidence, respond to other parties' presentations, and otherwise be heard.
(d) Factors. In deciding whether a request or holder described in subsection (a) threatens material harm, the Commission must (1) consider, as relevant and among other things, (A) the volume and tonnage of merchandise transported and (B) employment, wages, hours of service, and working conditions; and (2) for a subsection (a)(3) change in circumstances, account for operations by Mexican persons under grants existing when the USMCA entered into force that are not causing material harm.
(e) Assistance. (1) At the Commission's request, the Secretary of Homeland Security must consult with it, collect and maintain additional data and information about commercial motor vehicles entering or leaving the United States at a Mexican-border port of entry or exit, and timely provide the data and information for these investigations. (2)(A) At the Commission's request, the Secretaries of Homeland Security, Transportation, Commerce, and Labor, and the head of any other Federal agency, must provide information in their possession, including proprietary information, needed to help the Commission decide under subsection (a). (B) The Commission must treat proprietary information as confidential business information under its regulations for this part.
(f) Limited disclosure. The Commission must issue regulations allowing authorized representatives of interested parties that are investigation parties to access confidential business information under a protective order.
(g) Deadline. (1) The Commission must decide a petition, request, or resolution within 120 days after the investigation begins. (2) If, before day 100, it finds the investigation extraordinarily complicated, it must decide within 150 days after the investigation began.
(h) Applicable provisions. For this part, 19 U.S.C. § 1330(d)(1), (2), and (3) apply to determinations and findings under this section as if they were made under 19 U.S.C. § 2252.
Upon the filing of a petition by an interested party* described in subparagraph (A), (B), or (C) of section 4571(8) of this title which is representative of a United States long-haul trucking services industry*, or at the request of the President or the Trade Representative, or upon the resolution of the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, the International Trade Commission (in this part referred to as the “Commission”) shall promptly initiate an investigation to determine—
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;
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
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.
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.
The Commission shall—
promptly publish notice of the commencement of any investigation under subsection (a) in the Federal Register; and
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.
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—
consider, among other things, and as relevant—
the volume and tonnage of merchandise transported; and
the employment, wages, hours of service, and working conditions; and
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.
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.
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).
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.
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).
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.
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).
For purposes of this part, the provisions of paragraphs (1), (2), and (3) of section 1330(d) of this title shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under section 2252 of this title.
Source credit: (Pub. L. 116–113, title III, § 322, Jan. 29, 2020, 134 Stat. 55.)
- 2020Enacted · Pub. L. 116-113 · 134 Stat. 55
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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