Title 19Customs DutiesRelease 119-73

§4646 Petition process

Title 19 › Chapter CHAPTER 29— - UNITED STATES–MEXICO–CANADA AGREEMENT IMPLEMENTATION › Subchapter SUBCHAPTER VI— - LABOR MONITORING AND ENFORCEMENT › Part Part A— - Interagency Labor Committee for Monitoring and Enforcement › § 4646

Last updated Apr 6, 2026|Official source

Summary

The Interagency Labor Committee must set up a way for the public to send in information about a USMCA country not following labor rules. If a petition is about a denial of rights at a covered facility, the Committee must review the information within 30 days and decide if there is enough credible evidence to trigger enforcement steps. If not, the Committee must notify the petitioner and the appropriate congressional committees. If yes, the Trade Representative must ask for a review under Annex 31–A, tell the petitioner and the congressional committees, and within 60 days decide whether to request a rapid response labor panel. If the Trade Representative decides not to, they must notify Congress with reasons and any agreed remediation plan. For other types of labor violations, the Committee must review submissions within 20 days to see if they need more review. If so, the Committee has 60 days to decide if there is enough credible evidence to start enforcement under chapter 23 or chapter 31. If the Committee finds enough evidence, the Trade Representative must, within 60 days, either begin enforcement under those chapters or notify the appropriate congressional committees explaining why no action was started.

Full Legal Text

Title 19, §4646

Customs Duties — Source: USLM XML via OLRC

(a)The Interagency Labor Committee shall establish procedures for submissions by the public of information with respect to potential failures to implement the labor obligations of a USMCA country.
(b)With respect to information submitted in accordance with the procedures established under subsection (a) accompanying a petition relating to a denial of rights at a covered facility, as such terms are defined for purposes of Annex 31–A of the USMCA:
(1)The Interagency Labor Committee shall review such information within 30 days of submission and shall determine whether there is sufficient, credible evidence of a denial of rights (as so defined) enabling the good-faith invocation of enforcement mechanisms.
(2)If the Committee reaches a negative determination under paragraph (1), the Committee shall certify such determination to the appropriate congressional committees and the petitioner.
(3)If the Committee reaches an affirmative determination under paragraph (1), the Trade Representative shall submit a request for review, in accordance with article 31–A.4 of such Annex, with respect to the covered facility and shall inform the petitioner and the appropriate congressional committees of the submission of such request.
(4)Not later than 60 days after the date of an affirmative determination under paragraph (1), the Trade Representative shall—
(A)determine whether to request the establishment of a rapid response labor panel in accordance with such Annex; and
(B)if such determination is negative, certify such determination to the appropriate congressional committees in conjunction with the reasons for such determination and the details of any agreed-upon remediation plan.
(c)With respect to information submitted in accordance with the procedures established under subsection (a) accompanying a petition relating to any other violation of the labor obligations of a USMCA country:
(1)The Interagency Labor Committee shall review such information not later than 20 days after the date of the submission and shall determine whether the information warrants further review.
(2)If the Committee reaches an affirmative determination under paragraph (1), such further review shall focus exclusively on determining, not later than 60 days after the date of such submission, whether there is sufficient, credible evidence that the USMCA country is in violation of its labor obligations, for purposes of initiating enforcement action under chapter 23 or chapter 31 of the USMCA.
(3)If the Committee reaches an affirmative determination under paragraph (2), the Trade Representative shall—
(A)not later than 60 days after the date of the determination of the Committee, initiate appropriate enforcement action under such chapter 23 or chapter 31; or
(B)submit to the appropriate congressional committees a notification including the reasons for which action was not initiated within such 60-day period.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4646

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73