Background

The International Trade Commission has adopted as final, with one clarifying change, a July 2020 interim rule amending its rules of practice and procedure to implement provisions of the U.S.-Mexico-Canada Agreement Implementation Act regarding investigations of U.S.-Mexico cross-border long-haul trucking services. This rule will be effective May 10.

According to the ITC, the USMCA sets out a process by which the U.S. may limit grants of authority to persons of Mexico to undertake cross-border long-haul trucking services where necessary to address material harm or threat of material harm to U.S. suppliers, operators, or drivers of cross-border long-haul trucking services. The ITC is tasked with investigating and determining whether such harm is occurring or threatened and recommending remedies to the president.

This final rule sets forth the procedures for such investigations, including who may file a petition or request an investigation, the holding of hearings and publication of notices, the timelines for investigations and determinations, and the issuance of final reports. The ITC states that the one minor change from the interim rule is to specify that freight rates, rather than pricing information, must be included in petitions for an investigation.

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