---
kind: "section"
citation: "19 U.S.C. § 4645"
title: "19"
title_heading: "Customs Duties"
number: "4645"
heading: "Recommendation for enforcement action"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4645"
units:
  - "Chapter 29 — United States–mexico–canada Agreement Implementation"
  - "Subchapter VI — Labor Monitoring and Enforcement"
  - "Part A — Interagency Labor Committee for Monitoring and Enforcement"
---

# §4645. Recommendation for enforcement action

- (a) **Recommendation to initiate—** If the Interagency Labor Committee determines, pursuant to an assessment under [section 4644 of this title](/usc/19/4644.md), as a result of monitoring activities described in [section 4642(1) of this title](/usc/19/4642.md?p=1), or pursuant to a report of the Independent [Mexico](/usc/19/4631.md?p=3) Labor Expert Board that a [USMCA country](/usc/19/4502.md?p=10) has failed to meets its [labor obligations](/usc/19/4631.md?p=2), including with respect to obligations under Annex 23–A of the [USMCA](/usc/19/4502.md?p=9), the Committee shall recommend that the [Trade Representative](/usc/19/4502.md?p=8) initiate enforcement actions under—
  - (1) article 23.13 or 23.17 of the [USMCA](/usc/19/4502.md?p=9) (relating to cooperative labor dialogue and labor consultations);
  - (2) articles 31.4 and 31.6 of the [USMCA](/usc/19/4502.md?p=9) (relating to dispute settlement consultations); or
  - (3) Annex 31–A of the [USMCA](/usc/19/4502.md?p=9) (relating to the rapid response labor mechanism).
- (b) **Trade Representative determinations—** Not later than 60 days after the date on which the [Trade Representative](/usc/19/4502.md?p=8) receives a recommendation pursuant to [subsection (a)](#a), the [Trade Representative](/usc/19/4502.md?p=8) shall—
  - (1) determine whether to initiate an enforcement action; and
  - (2) if such determination is negative, submit to the [appropriate congressional committees](/usc/19/4502.md?p=1) a report on the reasons for such negative determination.

## Source credit

(Pub. L. 116–113, title VII, § 715, Jan. 29, 2020, 134 Stat. 83.)