---
kind: "section"
citation: "19 U.S.C. § 4646"
title: "19"
title_heading: "Customs Duties"
number: "4646"
heading: "Petition process"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4646"
units:
  - "Chapter 29 — United States–mexico–canada Agreement Implementation"
  - "Subchapter VI — Labor Monitoring and Enforcement"
  - "Part A — Interagency Labor Committee for Monitoring and Enforcement"
---

# §4646. Petition process

- (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](/usc/19/4631.md?p=2) of a [USMCA country](/usc/19/4502.md?p=10).
- (b) **Facility-specific petitions—** With respect to information submitted in accordance with the procedures established under [subsection (a)](#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](/usc/19/4502.md?p=9):
  - (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)](#b-1), the Committee shall certify such determination to the [appropriate congressional committees](/usc/19/4502.md?p=1) and the petitioner.
  - (3) If the Committee reaches an affirmative determination under [paragraph (1)](#b-1), the [Trade Representative](/usc/19/4502.md?p=8) 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](/usc/19/4502.md?p=1) of the submission of such request.
  - (4) Not later than 60 days after the date of an affirmative determination under [paragraph (1)](#b-1), the [Trade Representative](/usc/19/4502.md?p=8) 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](/usc/19/4502.md?p=1) 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)](#a) accompanying a petition relating to any other violation of the [labor obligations](/usc/19/4631.md?p=2) of a [USMCA country](/usc/19/4502.md?p=10):
  - (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)](#c-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](/usc/19/4502.md?p=10) is in violation of its [labor obligations](/usc/19/4631.md?p=2), for purposes of initiating enforcement action under [chapter 23](/usc/19/chch23.md) or chapter 31 of the [USMCA](/usc/19/4502.md?p=9).
  - (3) If the Committee reaches an affirmative determination under [paragraph (2)](#c-2), the [Trade Representative](/usc/19/4502.md?p=8) shall—
    - (A) not later than 60 days after the date of the determination of the Committee, initiate appropriate enforcement action under such [chapter 23](/usc/19/chch23.md) or chapter 31; or
    - (B) submit to the [appropriate congressional committees](/usc/19/4502.md?p=1) a notification including the reasons for which action was not initiated within such 60-day period.

## Source credit

(Pub. L. 116–113, title VII, § 716, Jan. 29, 2020, 134 Stat. 83.)
