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19 U.S.C. § 4581 — Commission recommendations and report

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4581 — Commission recommendations and report

**(a) In general** If the Commission makes an affirmative determination under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim), the Commission shall recommend the action that is necessary to address the material harm or threat of material harm found. **(b) Limitation** Only those members of the Commission who agreed to the affirmative determination under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim) are eligible to vote on the recommendation required to be made under subsection (a). **(c) Report** Not later than the date that is 60 days after the date on which the determination is made under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim), 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.

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Source location: Title 19, Chapter 29, § 4581; chapter-029-united-states-mexico-canada-agreement-implementation.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4572 — 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 ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act ([8 U.S.C. 1101(a)(15)(E)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/E&num=0&edition=prelim)) if entering solely for a purpose specified in Section B of Annex 16–A of the USMCA, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the USMCA. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.

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19 U.S.C. § 3451 — Transferred

### Statutory Notes #### Codification Section 3431, Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129, which defined certain references in this part, was renumbered as section 411 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(b)(1), (2), Jan. 29, 2020, 134 Stat. 72, and transferred to [section 4581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4581&num=0&edition=prelim). Section 3432, Pub. L. 103–182, title IV, § 402, Dec. 8, 1993, 107 Stat. 2129; Pub. L. 104–295, § 21(c)(1), Oct. 11, 1996, 110 Stat. 3530, which set out organizational and administrative provisions relating to panels and committees, was renumbered as section 412 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(c)(1), (2), Jan. 29, 2020, 134 Stat. 73, and transferred to [section 4582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4582&num=0&edition=prelim). Section 3433, Pub. L. 103–182, title IV, § 403, Dec. 8, 1993, 107 Stat. 2136, which related to testimony and production of papers in extraordinary challenges, was renumbered as section 413 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(d)(1), (2), Jan. 29, 2020, 134 Stat. 74, 75, and transferred to [section 4583 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4583&num=0&edition=prelim). Section 3434, Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137, which related to requests for review of determinations by competent investigating authorities of NAFTA countries, was renumbered as section 414 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(e)(1), (2), Jan. 29, 2020,

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4584 — Organizational and administrative provisions

**(a) Criteria for selection of individuals to serve on panels and committees** (1) **In general** — The selection of individuals under this section for— (A) placement on lists prepared by the interagency group under subsection (c)(2)(B)(i) and (ii); (B) placement on preliminary candidate lists under subsection (c)(3)(A); (C) placement on final candidate lists under subsection (c)(4)(A); (D) placement by the Trade Representative on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and (E) appointment by the Trade Representative for service on the panels and committees convened under chapter 10; shall be made on the basis of the criteria provided in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 and shall be made without regard to political affiliation. (2) **Additional criteria for roster placements and appointments** — Rosters described in paragraph 1 of Annex 10–B.1 shall include, to the fullest extent practicable, judges and former judges who meet the criteria referred to in paragraph (1). The Trade Representative shall, subject to subsection (b), appoint judges to binational panels convened under chapter 10, extraordinary challenge committees convened under chapter 10, and special committees established under article 10.13, where such judges offer and are available to serve and such service is authorized by the chief judge of the court on which they sit. **(b) Selection of certain judges to serve on panels and committees** (1) **Applicability** — This subsection applies only with respect to the selection of individuals for binational panels convened under chapter 10, extraordinary challenge committees convened under chapter 10, and special committees established under article 10.13, who are judges

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4585 — Testimony and production of papers in extraordinary challenges

**(a) Authority of extraordinary challenge committee to obtain information** If an extraordinary challenge committee (hereafter in this section referred to as the “committee”) is convened under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee— (1) shall have access to, and the right to copy, any document, paper, or record pertinent to the subject matter under consideration, in the possession of any individual, partnership, corporation, association, organization, or other entity; (2) may summon witnesses, take testimony, and administer oaths; (3) may require any individual, partnership, corporation, association, organization, or other entity to produce documents, books, or records relating to the matter in question; and (4) may require any individual, partnership, corporation, association, organization, or other entity to furnish in writing, in such detail and in such form as the committee may prescribe, information in its possession pertaining to the matter. Any member of the committee may sign subpoenas, and members of the committee, when authorized by the committee, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence. **(b) Witnesses and evidence** The attendance of witnesses who are authorized to be summoned, and the production of documentary evidence authorized to be ordered, under subsection (a) may be required from any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena authorized under subsection (a), the committee may request the Attorney General of the United States to invoke the a

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19 U.S.C. § 4586 — Requests for review of determinations by competent investigating authorities

**(a) Definitions** As used in this section: (1) **Competent investigating authority** — The term “competent investigating authority” means the competent investigating authority, as defined in article 10.8, of a USMCA country. (2) **United States Secretary** — The term “United States Secretary” means that officer of the United States referred to in article 10.16. **(b) Requests for review by United States** In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 10.12 shall be made by the United States Secretary. **(c) Requests for review by person** In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 10.12, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 10.12. The receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 10.12. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review. **(d) Service of request for review** Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4587 — Rules of procedure for panels and committees

**(a) Rules of procedure for binational panels** The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews— (1) requests for such reviews, complaints, other pleadings, and other papers; (2) the amendment, filing, and service of such pleadings and papers; (3) the joinder, suspension, and termination of such reviews; and (4) other appropriate procedural matters. **(b) Rules of procedure for extraordinary challenge committees** The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for reviews by extraordinary challenge committees. **(c) Rules of procedure for safeguarding panel review system** The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special committees described in such Annex. **(d) Publication of rules** The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register. **(e) Administering authority** As used in this section, the term “administering authority” has the meaning given such term in [section 1677(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/1&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4588 — Subsidy negotiations

In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include— (1) achievement of increased discipline on domestic subsidies provided by a foreign government, including— (A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations; (B) the provision of goods or services at preferential rates; (C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and (D) the assumption of any costs or expenses of manufacture, production, or distribution; (2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.

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19 U.S.C. § 4601 — Identification of industries facing subsidized imports

**(a) Petitions** Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe— (1) that— (A) as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or (B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and (2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned; may file with the Trade Representative a petition that such industry be identified under this section. **(b) Identification of industry** Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the deterioration described in subsection (a)(2). **(c) Action after identification** At the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall— (1) compile and make available to the industry information under [section 2418 of this ti

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19 U.S.C. § 4611 — Treatment of amendments to antidumping and countervailing duty law

Any amendment enacted after the USMCA that is made to— (1) section 303 11 See References in Text note below. or title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.], or any successor statute, or (2) any other statute which— (A) provides for judicial review of final determinations under such section, title, or successor statute, or (B) indicates the standard of review to be applied, shall apply to goods from a USMCA country only to the extent specified in the amendment.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4581 — References in part

Page 1152 TITLE 19—CUSTOMS DUTIES § 4581 4572(a)(1), (2), or (3) of this title, a cap on the number of grants of authority issued to per- sons of Mexico annually. (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 Presi- dent shall direct the Secretary of Transpor- tation 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 Presi- dent, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which contains a deter- mination that the President may treat as af- firmative in accordance with section 1330(d)(1) of this title, may extend the effec- tive period of relief provided under this sec- tion by up to an additional 4 years, if the President determines that the provision of the relief continues to be necessary to rem- edy or prevent material harm. (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 section 4571(8) of this title which is representative of a United States long-haul trucking serv- ices industry that is filed with the Com- mission not earlier than the date that is 270 days, and not later than the date that is 240 days, before the date on which any action taken under this section is to ter- minate, the Commission shall conduct an investigation to determine whether action under this section continues to be nec- essary to remedy or prevent material harm. (ii) Notice and hearing The C

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