Title 19, Customs DutiesRelease 119-110

§4646 Petition Process

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 › § 4646

Last updated Sep 22, 2026|Official source

Summary

Creates a public process for people to send information about possible failures by a USMCA country to follow its labor rules. The Interagency Labor Committee must set the rules for how to submit that information. If the petition is about a specific workplace ("covered facility"), the Committee will look at the information within 30 days and decide if there is enough credible evidence to justify enforcement steps. If not, the Committee will tell the petitioner and the relevant congressional committees. If yes, the U.S. Trade Representative will ask for a review under Annex 31–A and tell the petitioner and Congress. Within 60 days after finding enough evidence, the Trade Representative must decide whether to request a rapid response labor panel. If the Trade Representative decides not to, they must tell Congress why and share any agreed fix plan. For other labor complaints, the Committee will review the submitted information within 20 days to see if more review is needed. If so, it must decide within 60 days whether there is enough credible evidence of a violation to start enforcement under chapter 23 or 31. If the Committee finds enough evidence, the Trade Representative must, within 60 days, either start enforcement or notify Congress explaining why enforcement was not started. Definitions (one line each): covered facility — a specific workplace covered under Annex 31–A; denial of rights — as defined for Annex 31–A.

Full Legal Text

Title 19, §4646

Customs Duties, Source: USLM XML via OLRC

(a)In general
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)Facility-specific petitions
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)Other petitions
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 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110