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 Commission shall— (I) publish notice of the commence- ment of an investigation under clause (i) in the Federal Register; and (II) within a reasonable time there- after, hold a public hearing at which the Commission shall afford interested par- ties an opportunity to be present, to present evidence, and to respond to the presentations of other parties and con- sumers, and otherwise be heard. (iii) Report Not later than the date that is 60 days before relief provided under subsection (a) is to terminate, or such other date as de- termined by the President, the Commis- sion shall submit to the President a report on its investigation and determination under this subparagraph. (C) Period of relief Any relief provided under this section, in- cluding any extension thereof, may not, in the aggregate, be in effect for more than 6 years. (D) Limitation (i) In general Except as provided in clause (ii), the Commission may not conduct an inves- tigation under subparagraph (B)(i) if— (I) the subject matter of the investiga- tion 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 Clause (i) shall not apply with respect to an investigation if the Commission deter- mines good cause exists to conduct the in- vestigation. (e) Regulations The Commission and the Secretary of Trans- portation are authorized to promulgate such rules and regulations as may be necessary to carry out this part. (Pub. L. 116–113, title III, § 324, Jan. 29, 2020, 134 Stat. 58.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (e), was in the origi- nal ‘‘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 complete classification of subtitle C to the Code, see Tables. Executive Documents DELEGATION OF FUNCTIONS Proc. No. 10053, par. (13), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative, after consultation with the Secretary of Transpor- tation, to exercise the authority of the President under this section. SUBCHAPTER IV—ANTIDUMPING AND COUNTERVAILING DUTIES PART A—DISPUTE SETTLEMENT § 4581. References in part Any reference in this part to an Annex, chap- ter, or article shall be considered to be a ref- erence to the respective Annex, chapter, or arti- cle of the USMCA. (Pub. L. 116–113, title IV, § 411, formerly Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129; renumbered § 411 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(b), Jan. 29, 2020, 134 Stat. 72.) Editorial Notes CODIFICATION Section was formerly classified to section 3431 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 504(b)(3), substituted ‘‘the USMCA’’ for ‘‘the Agreement’’. Page 1153 TITLE 19—CUSTOMS DUTIES § 4582 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–113, title V, § 504(k), Jan. 29, 2020, 134 Stat. 76, provided that: ‘‘(1) IN GENERAL.—Each transfer, redesignation, and amendment made by this section [transferring sections 3431 to 3438 of this title, respectively, to and amending sections 4581 to 4588 of this title] shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— ‘‘(A) to any final determination described in para- graph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determina- tion described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; and ‘‘(B) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date. ‘‘(2) TRANSITION FROM NAFTA.—The transfers, redes- ignations, and amendments made by this section shall not apply, and the provisions of title IV of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3431 et seq.], as in effect on the day before the date on which the USMCA enters into force, shall con- tinue to apply on and after that date with respect— ‘‘(A) to any final determination described in para- graph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determina- tion described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before the date on which the USMCA enters into force; and ‘‘(B) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before the date on which the USMCA enters into force.’’ [For definition of ‘‘USMCA’’ as used in section 504(k) of Pub. L. 116–113, set out above, see section 4502 of this title.] § 4582. Organizational and administrative provi- sions (a) Criteria for selection of individuals to serve on panels and committees (1) In general The selection of individuals under this sec- tion 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 Representa- tive for service on the panels and commit- tees convened under chapter 10; shall be made on the basis of the criteria pro- vided in paragraph 1 of Annex 10–B.1 and para- graph 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 prac- ticable, judges and former judges who meet the criteria referred to in paragraph (1). The Trade Representative shall, subject to sub- section (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 author- ized 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 pan- els convened under chapter 10, extraordinary challenge committees convened under chapter 10, and special committees established under article 10.13, who are judges of courts created under article III of the Constitution of the United States. (2) Consultation with chief judges The Trade Representative shall consult, from time to time, with the chief judges of the Federal judicial circuits regarding the interest in, and availability for, participation in bina- tional panels, extraordinary challenge com- mittees, and special committees, of judges within their respective circuits. If the chief judge of a Federal judicial circuit determines that it is appropriate for one or more judges within that circuit to be included on a roster described in subsection (a)(1)(D), the chief judge shall identify all such judges for the Chief Justice of the United States who may, upon his or her approval, submit the names of such judges to the Trade Representative. The Trade Representative shall include the names of such judges on the roster. (3) Submission of lists to Congress The Trade Representative shall submit to the Committee on the Judiciary and the Com- mittee on Ways and Means of the House of Representatives and to the Committee on Fi- nance and the Committee on the Judiciary of the Senate a list of all judges included on a roster under paragraph (2). Such list shall be submitted at the same time as the final can- didate lists are submitted under subsection (c)(4)(A) and the final forms of amendments are submitted under subsection (c)(4)(C)(iv). (4) Appointment of judges to panels or commit- tees At such time as the Trade Representative proposes to appoint a judge described in para- graph (1) to a binational panel, an extraor- dinary challenge committee, or a special com- mittee, the Trade Representative shall consult with that judge in order to ascertain whether the judge is available for such appointment. (c) Selection of other candidates (1) Applicability This subsection applies only with respect to the selection of individuals for binational pan- els convened under chapter 10, extraordinary challenge committees convened under chapter