19 U.S.C. § 4561 — Temporary entry

Page 1148 TITLE 19—CUSTOMS DUTIES § 4561 U.S.C. 2251 et seq.] with respect to imports from a USMCA country, the President shall deter- mine whether— (1) imports from such country, considered individually, account for a substantial share of total imports; or (2) imports from a USMCA country, consid- ered individually, or in exceptional cir- cumstances imports from USMCA countries considered collectively, contribute impor- tantly to the serious injury, or threat thereof, found by the International Trade Commission. (b) Exclusion of USMCA imports In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall exclude from such action im- ports from a USMCA country if the President makes a negative determination under sub- section (a)(1) or (2) with respect to imports from such country. (c) Action after exclusion of USMCA country im- ports (1) In general If the President, under subsection (b), ex- cludes imports from a USMCA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but thereafter determines that a surge in imports from that country or countries is un- dermining the effectiveness of the action— (A) the President may take appropriate ac- tion under such chapter 1 to include those imports in the action; and (B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports. (2) Investigation Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The Inter- national Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is re- ceived by the International Trade Commis- sion. (3) ‘‘Surge’’ defined For purposes of this subsection, the term ‘‘surge’’ means a significant increase in im- ports over the trend for a recent representa- tive base period. (d) Condition applicable to quantitative restric- tions Any action taken under this section pro- claiming a quantitative restriction shall permit the importation of a quantity or value of the ar- ticle which is not less than the quantity or value of such article imported into the United States during the most recent period that is rep- resentative of imports of such article, with al- lowance for reasonable growth. (Pub. L. 116–113, title III, § 302, formerly Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107; renumbered § 302 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 502(c), Jan. 29, 2020, 134 Stat. 70.) Editorial Notes REFERENCES IN TEXT The Trade Act of 1974, referred to in subsecs. (a) to (c), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables. CODIFICATION Section was formerly classified to section 3372 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 502(c)(4), substituted ‘‘USMCA’’ for ‘‘NAFTA’’ in section catchline, subsec. (b) and (c) headings, and wherever appearing in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020) and applicable with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) initiated on or after that date, see section 502(e) of Pub. L. 116–113, set out as a note under section 4551 of this title. PART B—TEMPORARY ENTRY OF BUSINESS PERSONS Editorial Notes CODIFICATION Pub. L. 116–113, title V, § 503(a), (e), Jan. 29, 2020, 134 Stat. 71, 72, struck out ‘‘[reserved]’’ at end of part head- ing and reenacted part heading without change. § 4561. 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 et seq.), be considered to be classifi- able as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in Sec- tion 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. (Pub. L. 116–113, title III, § 311, formerly Pub. L. 103–182, title III, § 341(a), Dec. 8, 1993, 107 Stat. 2116; renumbered § 311 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 503(b), Jan. 29, 2020, 134 Stat. 71.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, which is 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.