Part E—Enforcement Under Rapid Response Labor Mechanism

§4691. Transmission of reports

Each report issued by a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA shall be immediately submitted to the appropriate congressional committees, the Labor Advisory Committee established under section 2155(c)(1) of this title (or successor advisory committee), and, as appropriate, the petitioner submitting information pursuant to section 4646 of this title. The Trade Representative shall also make each such report publicly available in a timely manner.

(Pub. L. 116–113, title VII, §751, Jan. 29, 2020, 134 Stat. 89.)

§4692. Suspension of liquidation

(a) In general

If the United States files a request pursuant to article 31–A.4.2 of Annex 31–A of the USMCA, the Trade Representative may direct the Secretary of the Treasury to suspend liquidation for unliquidated entries of goods from such covered facility until such time as the Trade Representative notifies the Secretary that a condition described in subsection (b) has been met.

(b) Resumption of liquidation

The conditions described in this subsection are the following:

(1) The rapid response labor panel has determined that there is no denial of rights at the covered facility within the meaning of such terms under Annex 31–A of the USMCA.

(2) A course of remediation for denial of rights has been agreed to and has been completed in accordance with the agreed-upon time.

(3) The denial of rights has been otherwise remedied.

(Pub. L. 116–113, title VII, §752, Jan. 29, 2020, 134 Stat. 89.)

§4693. Final remedies

(a) In general

If a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA determines with respect to a case that there has been a denial of rights within the meaning of such Annex, the Trade Representative may, in consultation with the appropriate congressional committees—

(1) direct the Secretary of the Treasury, until the date of the notification described in subsection (b) and in accordance with Annex 31–A of the USMCA—

(A) to—

(i) deny entry to goods, produced wholly or in part, from any covered facility involved in such case; or

(ii) allow for the release of goods, produced wholly or in part, from such covered facilities only upon payment of duties and any penalty; and

(B) to apply any duties or penalties to customs entries for which liquidation was suspended pursuant to section 4692 of this title; and

(2) apply other remedies that are appropriate and available under Annex 31–A of the USMCA, until the denial of rights with respect to the case has been remedied.

(b) Remediation notification

The Trade Representative shall promptly notify the Secretary when the denial of rights with respect to a case described in subsection (a) has been remedied.

(Pub. L. 116–113, title VII, §753, Jan. 29, 2020, 134 Stat. 90.)