---
kind: "section"
citation: "19 U.S.C. § 4572"
title: "19"
title_heading: "Customs Duties"
number: "4572"
heading: "Investigations and determinations by Commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4572"
units:
  - "Chapter 29 — United States–mexico–canada Agreement Implementation"
  - "Subchapter III — Application of Usmca to Sectors and Services"
  - "Part C — United States-Mexico Cross-Border Long-Haul Trucking Services"
---

# §4572. Investigations and determinations by Commission

- (a) **Investigation—** Upon the filing of a petition by an [interested party](/usc/19/4571.md?p=8) described in subparagraph (A), (B), or (C) of [section 4571(8) of this title](/usc/19/4571.md?p=8) which is representative of a [United States long-haul trucking services industry](/usc/19/4571.md?p=14), or at the request of the President or the [Trade Representative](/usc/19/4502.md?p=8), 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](/usc/19/4502.md?p=4) (in this part referred to as the “[Commission](/usc/19/1677.md?p=2)”) shall promptly initiate an investigation to determine—
  - (1) whether a request by a [person](/usc/19/1683.md?p=8) of [Mexico](/usc/19/4502.md?p=5) to receive a [grant of authority](/usc/19/4571.md?p=7) that is pending as of the date of the filing of the petition threatens to cause [material harm](/usc/19/4571.md?p=9) to a [United States long-haul trucking services industry](/usc/19/4571.md?p=14);
  - (2) whether a [person](/usc/19/1683.md?p=8) of [Mexico](/usc/19/4502.md?p=5) who has received a [grant of authority](/usc/19/4571.md?p=7) on or after the date of [entry](/usc/19/1677.md?p=23) into force of the [USMCA](/usc/19/4502.md?p=9) and retains such [grant of authority](/usc/19/4571.md?p=7) is causing or threatens to cause [material harm](/usc/19/4571.md?p=9) to a [United States long-haul trucking services industry](/usc/19/4571.md?p=14); or
  - (3) whether, with respect to a [person](/usc/19/1683.md?p=8) of [Mexico](/usc/19/4502.md?p=5) who has received a [grant of authority](/usc/19/4571.md?p=7) before the date of [entry](/usc/19/1677.md?p=23) into force of the [USMCA](/usc/19/4502.md?p=9) and retains such [grant of authority](/usc/19/4571.md?p=7), there has been a [change in circumstances](/usc/19/4571.md?p=3) such that such [person](/usc/19/1683.md?p=8) of [Mexico](/usc/19/4502.md?p=5) is causing or threatens to cause [material harm](/usc/19/4571.md?p=9) to a [United States long-haul trucking services industry](/usc/19/4571.md?p=14).
- (b) **Transmission of petition, request, or resolution—** The [Commission](/usc/19/1677.md?p=2) shall transmit a copy of any petition, request, or resolution filed under [subsection (a)](#a) to the [Trade Representative](/usc/19/4502.md?p=8) and the [Secretary](/usc/19/1681.md?p=1) of Transportation.
- (c) **Publication and hearings—** The [Commission](/usc/19/1677.md?p=2) shall—
  - (1) promptly publish notice of the commencement of any investigation under [subsection (a)](#a) in the Federal Register; and
  - (2) within a reasonable time period thereafter, hold public hearings at which the [Commission](/usc/19/1677.md?p=2) shall afford [interested parties](/usc/19/4571.md?p=8) 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)](#a) of whether a request by a [person](/usc/19/1683.md?p=8) of [Mexico](/usc/19/4502.md?p=5) to receive a [grant of authority](/usc/19/4571.md?p=7), or a [person](/usc/19/1683.md?p=8) of [Mexico](/usc/19/4502.md?p=5) who has received a [grant of authority](/usc/19/4571.md?p=7) and retains such [grant of authority](/usc/19/4571.md?p=7), as the case may be, threatens to cause [material harm](/usc/19/4571.md?p=9) to a [United States long-haul trucking services industry](/usc/19/4571.md?p=14), the [Commission](/usc/19/1677.md?p=2) 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](/usc/19/2576b.md?p=4), and working conditions; and
  - (2) with respect to a [change in circumstances](/usc/19/4571.md?p=3) described in [subsection (a)(3)](#a-3), take into account those operations by [persons of Mexico](/usc/19/4571.md?p=11) under grants of authority in effect as of the date of [entry](/usc/19/1677.md?p=23) into force of the [USMCA](/usc/19/4502.md?p=9) are not causing [material harm](/usc/19/4571.md?p=9).
- (e) **Assistance to Commission—**
  - (1) **In general—** At the request of the [Commission](/usc/19/1677.md?p=2), the [Secretary](/usc/19/1681.md?p=1) of Homeland Security shall consult with the [Commission](/usc/19/1677.md?p=2) and shall collect and maintain such additional data and other information on [commercial motor vehicles](/usc/19/4571.md?p=4) entering or exiting the [United States](/usc/19/1683.md?p=9) at a port of [entry](/usc/19/1677.md?p=23) or exit at the [United States](/usc/19/1683.md?p=9) border with [Mexico](/usc/19/4502.md?p=5) as the [Commission](/usc/19/1677.md?p=2) may request for the purpose of conducting investigations under [subsection (a)](#a) and shall make such information available to the [Commission](/usc/19/1677.md?p=2) in a timely manner.
  - (2) **Requests for information—**
    - (A) **In general—** At the request of the [Commission](/usc/19/1677.md?p=2), the [Secretary](/usc/19/1681.md?p=1) of Homeland Security, the [Secretary](/usc/19/1681.md?p=1) of Transportation, the [Secretary](/usc/19/1681.md?p=1) of Commerce, the [Secretary](/usc/19/1681.md?p=1) of Labor, and the head of any other Federal agency shall make available to the [Commission](/usc/19/1677.md?p=2) any information in their possession, including proprietary information, as the [Commission](/usc/19/1677.md?p=2) may require in order to assist the [Commission](/usc/19/1677.md?p=2) in making determinations under [subsection (a)](#a).
    - (B) **Confidential business information—** The [Commission](/usc/19/1677.md?p=2) shall treat any proprietary information obtained under [subparagraph (A)](#e-2-A) as confidential business information in accordance with regulations adopted by the [Commission](/usc/19/1677.md?p=2) to carry out this part.
- (f) **Limited disclosure of confidential business information under protective order—** The [Commission](/usc/19/1677.md?p=2) shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of [interested parties](/usc/19/4571.md?p=8) who are parties to an investigation under [subsection (a)](#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)](#a) with respect to a petition, request, or resolution, the [Commission](/usc/19/1677.md?p=2) 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)](#a), the [Commission](/usc/19/1677.md?p=2) determines that the investigation is extraordinarily complicated, the [Commission](/usc/19/1677.md?p=2) shall make its determination with respect to the investigation not later than 150 days after the date referred to in [paragraph (1)](#g-1).
- (h) **Applicable provisions—** For purposes of this part, the provisions of paragraphs (1), (2), and (3) of [section 1330(d) of this title](/usc/19/1330.md?p=d) 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](/usc/19/2252.md).

## Source credit

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

## Notes

### Editorial Notes

### References in Text

This part, referred to in subsecs. (a), (e)(2)(B), and (h), was in the original “this subtitle”, meaning subtitle C (§§ 321–327) of title III of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 54, which is classified principally to this subchapter. For complete classification of subtitle C to the Code, see Tables.