19 U.S.C. § 4571 — Definitions

Page 1149 TITLE 19—CUSTOMS DUTIES § 4571 classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. CODIFICATION Section was formerly classified to section 3401 of this title and section 1184 of Title 8, Aliens and Nationality, prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 503(b)(4)(C)–(E), substituted ‘‘the USMCA’’ for ‘‘the Agreement’’ wherever appear- ing, ‘‘Annex 16–A’’ for ‘‘Annex 1603’’, and ‘‘article 16.1’’ for ‘‘Annex 1608’’. Pub. L. 116–113, § 503(b)(4)(A), (B), in original Act, struck out subsec. (a) designation and heading ‘‘NON- IMMIGRANT TRADERS AND INVESTORS.—’’ before ‘‘Upon a basis’’ and struck out subsecs. (b) and (c), which had amended section 1184 of Title 8, Aliens and Nationality, resulting in no change to the text of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applica- ble to visas issued on or after that date, see section 503(f) of Pub. L. 116–113, set out as a note under section 1184 of Title 8, Aliens and Nationality. EFFECTIVE DATE Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, which provided that the provisions of subtitle D (§§ 341, 342) of title III of Pub. L. 103–182 (enacting this section and amending section 1184 of Title 8, Aliens and Nationality) took effect on the date the North Amer- ican Free Trade Agreement entered into force with re- spect to the United States (Jan. 1, 1994), was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). 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 com- mercial zones of such municipalities as de- scribed in subpart B of part 372 of title 49, Code of Federal Regulations; and (B) any additional border crossing and as- sociated commercial zones listed in the Fed- eral 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, in- cluding cargo that may have originated in a country other than Mexico. (3) Change in circumstances The term ‘‘change in circumstance’’ may in- clude a substantial increase in services sup- plied 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 reg- istration 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 ma- jority of whose members are part of the rel- evant United States long-haul trucking serv- ices industry; (C) a certified or recognized union, or rep- resentative 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 signifi- cant loss in the share of the United States market or relevant sub-market for cross-bor- der long-haul trucking services held by per- sons 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 com- panies domiciled in Mexico, or entities owned or controlled by a Mexican national, which conduct cross-border long-haul truck- ing services, or employ drivers who are non- United States nationals; and (B) drivers who are Mexican nationals. Page 1150 TITLE 19—CUSTOMS DUTIES § 4572 (12) Persons of the United States The term ‘‘persons of the United States’’ in- cludes entities domiciled in the United States, organized or otherwise constituted under United States law, and not owned or con- trolled 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. (Pub. L. 116–113, title III, § 321, Jan. 29, 2020, 134 Stat. 54.) 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 Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 54, which is classified principally to this subchapter. For com- plete classification of subtitle C to the Code, see Ta- bles. § 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 section 4571(8) of this title which is represent- ative of a United States long-haul trucking serv- ices industry, or at the request of the President or the Trade Representative, or upon the resolu- tion 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 inves- tigation 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 re- ceived a grant of authority on or after the date of entry into force of the USMCA and re- tains 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 Mex- ico who has received a grant of authority be- fore 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 resolu- tion The Commission shall transmit a copy of any petition, request, or resolution filed under sub- section (a) to the Trade Representative and the Secretary of Transportation. (c) Publication and hearings The Commission shall— (1) promptly publish notice of the com- mencement of any investigation under sub- section (a) in the Federal Register; and (2) within a reasonable time period there- after, hold public hearings at which the Com- mission shall afford interested parties an op- portunity 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 Mex- ico who has received a grant of authority and re- tains such grant of authority, as the case may be, threatens to cause material harm to a United States long-haul trucking services indus- try, the Commission shall— (1) consider, among other things, and as rel- evant— (A) the volume and tonnage of merchan- dise transported; and (B) the employment, wages, hours of serv- ice, and working conditions; and (2) with respect to a change in cir- cumstances 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 Sec- retary of Homeland Security shall consult with the Commission and shall collect and maintain such additional data and other infor- mation on commercial motor vehicles enter- ing 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 informa- tion available to the Commission in a timely manner. (2) Requests for information (A) In general At the request of the Commission, the Sec- retary of Homeland Security, the Secretary of Transportation, the Secretary of Com- merce, the Secretary of Labor, and the head of any other Federal agency shall make available to the Commission any informa- tion in their possession, including propri- etary 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 propri- etary information obtained under subpara-