Another Rapid Response Mechanism Request on the Books

Apr. 17, 2025
By: Hannah B. Kreinik

The United States has once again requested a Rapid Response Mechanism (RRM) review by Mexico in accordance with Article 31-A.4.2 of the USMCA. The agreement permits requests for an RRM review when there is the possibility of a “Denial of Rights” for workers. Per the agreement, a “Denial of Rights” occurs when workers are prevented from freedom of association and collective bargaining.

In this request, the United States identifies a Modern Metal Alloys, S.A. de C.V. facility for review in Querétaro, Mexico. The request alleges that the company is denying workers from joining a union of their choice, interfering in union activities, coercing worker’s out of union participation, and refusing to collectively bargain. Specifically, the request accuses the company of deterring employees from Transformación Sindical and aiding a competing uncertified union. If Mexico takes on the review, it will have 45 days to remedy any wrongdoing.

This request comes at a delicate time in U.S./Mexican relations. President Trump’s steel and aluminum duties (see our coverage here and here) have as their stated purpose bringing metal production to the United States. However, additional tariffs, on top of steel and aluminum, against Canada and Mexico (see our article here) are a potential deterrent from cooperation under the USMCA for RRM requests, such as this one. There is already speculation from all three countries on how the USMCA review, due in 2026, will go with so much ambiguity in neighborly relations (see our article on the topic here). Importers should be prepared for more challenges to the US-Mexico-Canada relationship coming from a multitude of sources, including labor investigations.

For more updates on the USMCA and other free trade agreements, please reach out to any Barnes, Richardson & Colburn attorney.