Title 19, Customs DutiesRelease 119-110

§4645 Recommendation for Enforcement Action

Title 19 › CHAPTER 29 — UNITED STATES–MEXICO–CANADA AGREEMENT IMPLEMENTATION › SUBCHAPTER VI — LABOR MONITORING AND ENFORCEMENT › Part A — Interagency Labor Committee for Monitoring and Enforcement › § 4645

Last updated Sep 22, 2026|Official source

Summary

When the Interagency Labor Committee finds—based on its assessments, monitoring, or a report from the Independent Mexico Labor Expert Board—that a USMCA country failed to meet its labor obligations, the Committee must ask the U.S. Trade Representative to start enforcement under one of three USMCA paths: articles 23.13/23.17 (cooperative labor talks), articles 31.4/31.6 (dispute consultations), or Annex 31–A (rapid response). Within 60 days after getting that request, the U.S. Trade Representative must decide whether to begin the enforcement action. If the decision is not to proceed, the Trade Representative must send a report to the appropriate congressional committees explaining why.

Full Legal Text

Title 19, §4645

Customs Duties, Source: USLM XML via OLRC

(a)Recommendation to initiate

If the Interagency Labor Committee determines, pursuant to an assessment under section 4644 of this title, as a result of monitoring activities described in section 4642(1) of this title, or pursuant to a report of the Independent Mexico Labor Expert Board that a USMCA country has failed to meets its labor obligations, including with respect to obligations under Annex 23–A of the USMCA, the Committee shall recommend that the Trade Representative initiate enforcement actions under—

(1)article 23.13 or 23.17 of the USMCA (relating to cooperative labor dialogue and labor consultations);

(2)articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations); or

(3)Annex 31–A of the USMCA (relating to the rapid response labor mechanism).

(b)Trade Representative determinations

Not later than 60 days after the date on which the Trade Representative receives a recommendation pursuant to subsection (a), the Trade Representative shall—

(1)determine whether to initiate an enforcement action; and

(2)if such determination is negative, submit to the appropriate congressional committees a report on the reasons for such negative determination.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4645

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110