§ 4572. Investigations and determinations by Commission

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(a)Investigation Upon the filing of a petition by an interested party described in subparagraph (A), (B), or

(C)of section 4571(8) of this title which is representative of a United States long-haul trucking services industry, or at the request of the President or the Trade Representative, or upon the resolution of the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, the International Trade Commission (in this part referred to as the “Commission”) shall promptly initiate an investigation to determine—

(1)whether a request by a person of Mexico to receive a grant of authority that is pending as of the date of the filing of the petition threatens to cause material harm to a United States long-haul trucking services industry;

(2)whether a person of Mexico who has received a grant of authority on or after the date of entry into force of the USMCA and retains such grant of authority is causing or threatens to cause material harm to a United States long-haul trucking services industry; or

(3)whether, with respect to a person of Mexico who has received a grant of authority before the date of entry into force of the USMCA and retains such grant of authority, there has been a change in circumstances such that such person of Mexico is causing or threatens to cause material harm to a United States long-haul trucking services industry.

(b)Transmission of petition, request, or resolution The Commission shall transmit a copy of any petition, request, or resolution filed under subsection

(a)to the Trade Representative and the Secretary of Transportation.

(c)Publication and hearings The Commission shall—

(1)promptly publish notice of the commencement of any investigation under subsection

(a)in the Federal Register; and

(2)within a reasonable time period thereafter, hold public hearings at which the Commission shall afford interested parties an opportunity to be present, to present evidence, to respond to presentations of other parties, and otherwise to be heard.

(d)Factors applied in making determinations In making a determination under subsection

(a)of whether a request by a person of Mexico to receive a grant of authority, or a person of Mexico who has received a grant of authority and retains such grant of authority, as the case may be, threatens to cause material harm to a United States long-haul trucking services industry, the Commission shall—

(1)consider, among other things, and as relevant—

(A)the volume and tonnage of merchandise transported; and

(B)the employment, wages, hours of service, and working conditions; and

(2)with respect to a change in circumstances described in subsection (a)(3), take into account those operations by persons of Mexico under grants of authority in effect as of the date of entry into force of the USMCA are not causing material harm.

(e)Assistance to Commission

(1)In general At the request of the Commission, the Secretary of Homeland Security shall consult with the Commission and shall collect and maintain such additional data and other information on commercial motor vehicles entering or exiting the United States at a port of entry or exit at the United States border with Mexico as the Commission may request for the purpose of conducting investigations under subsection

(a)and shall make such information available to the Commission in a timely manner.

(2)Requests for information

(A)In general At the request of the Commission, the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Commerce, the Secretary of Labor, and the head of any other Federal agency shall make available to the Commission any information in their possession, including proprietary information, as the Commission may require in order to assist the Commission in making determinations under subsection (a).

(B)Confidential business information The Commission shall treat any proprietary information obtained under subparagraph

(A)as confidential business information in accordance with regulations adopted by the Commission to carry out this part.

(f)Limited disclosure of confidential business information under protective order The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under subsection (a).

(g)Deadline for determination

(1)In general Not later than 120 days after the date on which an investigation is initiated under subsection

(a)with respect to a petition, request, or resolution, the Commission shall make a determination with respect to the petition, request, or resolution.

(2)Exception If, before the 100th day after an investigation is initiated under subsection (a), the Commission determines that the investigation is extraordinarily complicated, the Commission shall make its determination with respect to the investigation not later than 150 days after the date referred to in paragraph (1).

(h)Applicable provisions For purposes of this part, the provisions of paragraphs (1), (2), and

(3)of section 1330(d) of this title shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under section 2252 of this title.

(Pub. L. 116–113, title III, § 322, Jan. 29, 2020, 134 Stat. 55.)

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