19 USC 4572 - Investigations and determinations by Commission

Collapse to view only § 4572. Investigations and determinations by Commission

§ 4571. Definitions
§ 4572. Investigations and determinations by Commission
§ 4573. Commission recommendations and report
§ 4574. Action by President with respect to affirmative determination

§ 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

(3) Change in circumstances

(4) Commercial motor vehicle

(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

(7) Grant of authority

(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

(10) Operator or supplier

(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

(13) Threat of material harm

(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.

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

§ 4572. Investigations and determinations by Commission

(a) InvestigationUpon 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—

(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

(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 determinationsIn 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 sh

(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

(2) Requests for information

(A) In general

(B) Confidential business information

(f) Limited disclosure of confidential business information under protective order

(g) Deadline for determination

(1) In general

(2) Exception

(h) Applicable provisions

(Pub. L. 116–113, title III, § 322, Jan. 29, 2020, 134 Stat. 55.)

§ 4573. Commission recommendations and report

(a) In general

(b) Limitation

Not later than the date that is 60 days after the date on which the determination is made under section 4572 of this title, the Commission shall submit to the President a report that includes—

(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.

(Pub. L. 116–113, title III, § 323, Jan. 29, 2020, 134 Stat. 57.)

§ 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 section 4572 of this title is affirmative or which contains a determination that the President may treat as affirmative in accordance with section 1330(d)(1) of this title—

(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.

(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 section 4572(a)(1) of this title, the denial or imposition of limitations on a request for a new grant of authority by the persons of Mexico that are the subject of the investigation.

(ii) With respect to a determination relating to an investigation under section 4572(a)(1) of this title, the revocation of, or restrictions on, grants of authority issued to the persons of Mexico that are the subject of the investigation since the date of the petition, request, or resolution.

(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 section 4572(a)(1), (2), or (3) of this title, a cap on the number of grants of authority issued to persons of Mexico annually.

(2) Deadline for relief

(d) Period of relief

(1) In general

(2) Extension

(A) In general

(B) Action by Commission

(i) Investigation

(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

(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

(e) Regulations

(Pub. L. 116–113, title III, § 324, Jan. 29, 2020, 134 Stat. 58.)