19 U.S.C. § 4684 — Duties related to Mexico

Page 1168 TITLE 19—CUSTOMS DUTIES § 4682 1 So in original. Probably should be followed by ‘‘the’’. Editorial Notes REFERENCES IN TEXT Section 1307 of this title, referred to in subsec. (b)(2), was in the original ‘‘section 307 of the Tariff Act’’, and was translated as reading ‘‘section 307 of the Tariff Act of 1930’’, to reflect the probable intent of Congress. Executive Documents EX. ORD. NO. 13923. ESTABLISHMENT OF THE FORCED LABOR ENFORCEMENT TASK FORCE UNDER SECTION 741 OF THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT Ex. Ord. No. 13923, May 15, 2020, 85 F.R. 30587, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and section 741 of the United States-Mexico-Can- ada Agreement Implementation Act (Act) (Public Law 116–113) [19 U.S.C. 4681], it is hereby ordered as follows: SECTION 1. Establishment of Forced Labor Enforcement Task Force. The Forced Labor Enforcement Task Force (Task Force) is hereby established to monitor United States enforcement of the prohibition under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). SEC. 2. Membership. The Task Force shall be chaired by the Secretary of Homeland Security and shall be composed of representatives from the Department of State, the Department of the Treasury, the Depart- ment of Justice, the Department of Labor, and the Of- fice of the United States Trade Representative. The Chair may invite representatives from other executive departments or agencies, as appropriate, to participate as members or observers. Members of the Task Force may designate an officer of the United States within their respective executive department or agency to serve as their representative on the Task Force. Each executive department or agency represented on the Task Force shall ensure that the necessary staff are available to assist their respective representatives in performing the responsibilities of the Task Force. SEC. 3. Task Force Decision-making. The Task Force shall endeavor to make any decision on an action under sections 742 through 744 of the Act [19 U.S.C. 4682 to 4684] by consensus, which shall be deemed to exist where no Task Force member objects to the proposed action. If the Task Force is unable to reach a consensus on a proposed action, and the Chair determines that al- lotting further time will cause a decision to be unduly delayed, the Task Force shall decide the matter by ma- jority vote of its members. The Chair, in addition to voting, may also break any tie vote. SEC. 4. Funding. Each executive department and agen- cy shall bear its own expenses incurred in connection with the Task Force’s functions described in sections 741 through 744 of the Act. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 4682. Timeline required (a) In general Not later than 90 days after the establishment of the Forced Labor Enforcement Task Force pursuant to section 4681(a) of this title, the Task Force shall establish timelines for responding to petitions submitted to the Commissioner of U.S. Customs and Border Protection alleging that goods are being imported by or with child or forced labor. (b) Consultation required In establishing the timelines during such 90- day period, the Task Force shall consult with the appropriate congressional committees. (c) Report The Task Force shall timely submit to the ap- propriate congressional committees a report that contains the timelines established pursuant to subsection (a) and shall make such report publicly available. (Pub. L. 116–113, title VII, § 742, Jan. 29, 2020, 134 Stat. 88.) § 4683. Reports required The Forced Labor Enforcement Task Force shall submit to 1 appropriate congressional com- mittees a biannual report that includes the fol- lowing: (1) The enforcement activities and priorities of the Department of Homeland Security with respect to enforcing the prohibition under sec- tion 1307 of this title. (2) The number of instances in which mer- chandise was denied entry pursuant to such prohibition during the preceding 180-day pe- riod. (3) A description of the merchandise so de- nied entry. (4) An enforcement plan regarding goods in- cluded in the most recent ‘‘Findings on the Worst Forms of Child Labor’’ report submitted in accordance with section 2464 of this title and ‘‘List of Goods Produced by Child Labor or Forced Labor’’ submitted in accordance with section 7112(b)(2)(C) of title 22. (5) Such other information as the Forced Labor Enforcement Task Force considers ap- propriate with respect to monitoring and en- forcing compliance with section 1307 of this title. (Pub. L. 116–113, title VII, § 743, Jan. 29, 2020, 134 Stat. 88.) § 4684. Duties related to Mexico The Task Force shall— (1) develop, in consultation with the appro- priate congressional committees, an enforce- ment plan regarding goods produced by or with forced labor in Mexico; and (2) report to the Interagency Labor Com- mittee with respect to any concerns relating to the enforcement of the prohibition under section 1307 of this title with respect to Mex- ico, including any allegations that may be filed with respect to forced labor in Mexico. (Pub. L. 116–113, title VII, § 744, Jan. 29, 2020, 134 Stat. 89.) Page 1169 TITLE 19—CUSTOMS DUTIES § 4711 Editorial Notes REFERENCES IN TEXT Section 1307 of this title, referred to in par. (2), was in the original ‘‘section 307 of the Tariff Act’’, and was translated as reading ‘‘section 307 of the Tariff Act of 1930’’, to reflect the probable intent of Congress. PART E—ENFORCEMENT UNDER RAPID RESPONSE LABOR MECHANISM § 4691. Transmission of reports Each report issued by a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA shall be immediately sub- mitted to the appropriate congressional com- mittees, the Labor Advisory Committee estab- lished under section 2155(c)(1) of this title (or successor advisory committee), and, as appro- priate, the petitioner submitting information pursuant to section 4646 of this title. The Trade Representative shall also make each such report publicly available in a timely manner. (Pub. L. 116–113, title VII, § 751, Jan. 29, 2020, 134 Stat. 89.) § 4692. Suspension of liquidation (a) In general If the United States files a request pursuant to article 31–A.4.2 of Annex 31–A of the USMCA, the Trade Representative may direct the Secretary of the Treasury to suspend liquidation for unliq- uidated entries of goods from such covered facil- ity until such time as the Trade Representative notifies the Secretary that a condition described in subsection (b) has been met. (b) Resumption of liquidation The conditions described in this subsection are the following: (1) The rapid response labor panel has deter- mined that there is no denial of rights at the covered facility within the meaning of such terms under Annex 31–A of the USMCA. (2) A course of remediation for denial of rights has been agreed to and has been com- pleted in accordance with the agreed-upon time. (3) The denial of rights has been otherwise remedied. (Pub. L. 116–113, title VII, § 752, Jan. 29, 2020, 134 Stat. 89.) § 4693. Final remedies (a) In general If a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA de- termines with respect to a case that there has been a denial of rights within the meaning of such Annex, the Trade Representative may, in consultation with the appropriate congressional committees— (1) direct the Secretary of the Treasury, until the date of the notification described in subsection (b) and in accordance with Annex 31–A of the USMCA— (A) to— (i) deny entry to goods, produced wholly or in part, from any covered facility in- volved in such case; or (ii) allow for the release of goods, pro- duced wholly or in part, from such covered facilities only upon payment of duties and any penalty; and (B) to apply any duties or penalties to cus- toms entries for which liquidation was sus- pended pursuant to section 4692 of this title; and (2) apply other remedies that are appropriate and available under Annex 31–A of the USMCA, until the denial of rights with respect to the case has been remedied. (b) Remediation notification The Trade Representative shall promptly no- tify the Secretary when the denial of rights with respect to a case described in subsection (a) has been remedied. (Pub. L. 116–113, title VII, § 753, Jan. 29, 2020, 134 Stat. 90.) SUBCHAPTER VII—ENVIRONMENT MONITORING AND ENFORCEMENT § 4701. Definitions In this subchapter: (1) Environmental law The term ‘‘environmental law’’ has the meaning given the term in article 24.1 of the USMCA. (2) Environmental obligations The term ‘‘environmental obligations’’ means obligations relating to the environment under— (A) chapter 1 of the USMCA (relating to initial provisions and general definitions); and (B) chapter 24 of the USMCA (relating to environment). (Pub. L. 116–113, title VIII, § 801, Jan. 29, 2020, 134 Stat. 90.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title VIII of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 90, which is classified principally to this subchapter. For complete classification of title VIII to the Code, see Tables. PART A—INTERAGENCY ENVIRONMENT COMMITTEE FOR MONITORING AND ENFORCEMENT § 4711. Establishment (a) In general Not later than 30 days after January 29, 2020, the President shall establish an Interagency En- vironment Committee for Monitoring and En- forcement (in this subchapter referred to as the ‘‘Interagency Environment Committee’’)— (1) to coordinate United States efforts to monitor and enforce environmental obliga- tions generally; and (2) with respect to the USMCA countries— (A) to carry out an assessment of their en- vironmental laws and policies; (B) to carry out monitoring actions with respect to the implementation and mainte-