CHAPTER 29 —UNITED STATES–MEXICO–CANADA AGREEMENT IMPLEMENTATION
SUBCHAPTER I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA
SUBCHAPTER II—CUSTOMS PROVISIONS
SUBCHAPTER III—APPLICATION OF USMCA TO SECTORS AND SERVICES
Part A—Relief From Injury Caused by Import Competition
Part B—Temporary Entry of Business Persons
Part C—United States-Mexico Cross-Border Long-Haul Trucking Services
SUBCHAPTER IV—ANTIDUMPING AND COUNTERVAILING DUTIES
Part A—Dispute Settlement
Part B—General Provisions
SUCBCHAPTER V—TRANSITION TO AND EXTENSION OF USMCA
Part A—Joint Reviews Regarding Extension of USMCA
Part B—Termination of USMCA
SUBCHAPTER VI—LABOR MONITORING AND ENFORCEMENT
Part A—Interagency Labor Committee for Monitoring and Enforcement
Part B—Mexico Labor Attachés
Part C—Independent Mexico Labor Expert Board
Part D—Forced Labor
Part E—Enforcement Under Rapid Response Labor Mechanism
SUBCHAPTER VII—ENVIRONMENT MONITORING AND ENFORCEMENT
Part A—Interagency Environment Committee for Monitoring and Enforcement
Part B—Other Matters
§4501. Purpose
The purpose of this Act is to approve and implement the Agreement between the United States of America, the United Mexican States, and Canada entered into under the authority of
(
Editorial Notes
References in Text
This Act, referred to in text, is
Statutory Notes and Related Subsidiaries
Short Title
Effective Date
"(a)
"(b)
[For definition of "USMCA" as used in section 107(b) of
§4502. Definitions
In this Act:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
(2) HTS
The term "HTS" means the Harmonized Tariff Schedule of the United States.
(3) Identical goods
The term "identical goods" means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods.
(4) International Trade Commission
The term "International Trade Commission" means the United States International Trade Commission.
(5) Mexico
The term "Mexico" means the United Mexican States.
(6) NAFTA
The term "NAFTA" means the North American Free Trade Agreement approved by Congress under section 101(a)(1) of the North American Free Trade Agreement Implementation Act (
(7) Preferential tariff treatment
The term "preferential tariff treatment" means the customs duty rate that is applicable to an originating good (as defined in
(8) Trade Representative
The term "Trade Representative" means the United States Trade Representative.
(9) USMCA
The term "USMCA" means the Agreement between the United States of America, the United Mexican States, and Canada, which is—
(A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and
(B) approved by Congress under
(10) USMCA country
Except as otherwise provided, the term "USMCA country" means—
(A) Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada; and
(B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.
(
Editorial Notes
References in Text
This Act, referred to in text, is
The Harmonized Tariff Schedule of the United States, referred to in par. (2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
Section 101(a)(1) of the North American Free Trade Agreement Implementation Act, referred to in par. (6), is section 101(a)(1) of
1 See References in Text note below.
SUBCHAPTER I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA
§4511. Approval and entry into force of the USMCA
(a) Approval of USMCA and statement of administrative action
Pursuant to
(1) the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as submitted to Congress on December 13, 2019;
(2) the Agreement between the United States of America, the United Mexican States, and Canada, attached as an Annex to the Protocol, as amended by the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019, as submitted to Congress on December 13, 2019; and
(3) the statement of administrative action proposed to implement that Agreement, as submitted to Congress on December 13, 2019.
(b) Conditions for entry into force of the agreement
The President is authorized to provide for the USMCA to enter into force with respect to Canada and Mexico not earlier than 30 days after the date on which the President submits to Congress the written notice required by
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§4512. Relationship of the USMCA to United States and State law
(a) Relationship of USMCA to United States law
(1) United States law to prevail in conflict
No provision of the USMCA, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States, shall have effect.
(2) Construction
Nothing in this Act shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of USMCA to State law
(1) Legal challenge
No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the USMCA, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) Definition of State law
For purposes of this subsection, the term "State law" includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
(c) Effect of USMCA with respect to private remedies
No person other than the United States—
(1) shall have any cause of action or defense under the USMCA or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the USMCA.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a)(2), is
§4513. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority
(a) Implementing actions
(1) Proclamation authority
After January 29, 2020—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may prescribe such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the USMCA enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the USMCA enters into force.
(2) Effective date of certain proclaimed actions
Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover provisions under
(3) Waiver of 15-day restriction
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the USMCA enters into force of any action proclaimed under this section.
(b) Initial regulations
(1) In general
Except as provided by paragraph (2) or (3), initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action approved under
(2) Uniform regulations
Interim or initial regulations to implement the Uniform Regulations regarding rules of origin provided for under article 5.16 of the USMCA shall be prescribed not later than the date on which the USMCA enters into force.
(3) Implementing actions with effective dates after entry into force
In the case of any implementing action that takes effect on a date after the date on which the USMCA enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be prescribed within 1 year after such effective date.
(c) Tariff modifications
(1) Tariff modifications provided for in the USMCA
The President may proclaim—
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3, the Schedule of the United States to Annex 2–B, including the appendices to that Annex, Annex 2–C, and Annex 6–A, of the USMCA.
(2) Other tariff modifications
Subject to the consultation and layover provisions of
(A) such modifications or continuation of any duty,
(B) such modifications as the United States may agree to with a USMCA country regarding the staging of any duty treatment set forth in the Schedule of the United States to Annex 2–B of the USMCA, including the appendices to that Annex,
(C) such continuation of duty-free or excise treatment, or
(D) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to a USMCA country provided for by the USMCA.
(3) Conversion to ad valorem rates
For purposes of paragraphs (1) and (2), with respect to any good for which the base rate in the Schedule of the United States to Annex 2–B of the USMCA is a specific or compound rate of duty, the President shall substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
(4) Tariff-rate quotas
In implementing the tariff-rate quotas set forth in the Schedule of the United States to Annex 2–B of the USMCA, the President shall take such actions as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of agricultural goods in the United States.
(5) Presidential proclamation authority relating to rules of origin
(A) In general
The President may proclaim, as part of the HTS—
(i) the provisions set forth in Annex 4–B of the USMCA;
(ii) the provisions set forth in paragraph 2 of article 3.A.6 of Annex 3–A of the USMCA;
(iii) the provisions set forth in paragraph 5 of Annex 3–B of the USMCA;
(iv) the provisions set forth in paragraphs 14(b), 14(c), and 15(e) of Section B of Appendix 2 to Annex 2–B of the USMCA; and
(v) any additional subordinate category that is necessary to carry out
(B) Modifications
(i) In general
Subject to the consultation and layover provisions of
(ii) Special rule for textiles
Notwithstanding clause (i), and subject to the consultation and layover provisions of
(I) such modifications to the provisions proclaimed under the authority of subparagraph (A) as are necessary to implement an agreement with one or more USMCA countries pursuant to article 6.4 of the USMCA; and
(II) before the end of the 1-year period beginning on the date on which the USMCA enters into force, modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the USMCA.
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Editorial Notes
References in Text
This Act, referred to in subsecs. (a)(1), (2) and (b)(1), is
Statutory Notes and Related Subsidiaries
Effective Date of Subsection (c)
Subsec. (c) of this section effective on the date the USMCA entered into force (July 1, 2020), see section 107(b) of
Executive Documents
Delegation of Functions
Proc. No. 10053, pars. (5), (6), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to exercise the authority of the President under subsec. (c)(4) of this section and the Committee for Implementation of Textile Agreements to exercise the authority of the President under subsec. (c)(1) of this section with respect to a good provided for under article 6.2 of the USMCA.
§4514. Consultation and layover provisions for, and effective date of, proclaimed actions
If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, that action may be proclaimed only if—
(1) the President has obtained advice regarding the proposed action from—
(A) the appropriate advisory committees established under
(B) the International Trade Commission, which shall hold a public hearing on the proposed action before providing advice regarding the proposed action;
(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
(A) the proposed action and the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
(4) the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
(
Editorial Notes
References in Text
This Act, referred to in text, is
Executive Documents
Delegation of Functions
Proc. No. 10053, par. (7), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to fulfill the obligations of the President to obtain advice from the appropriate advisory committees and the International Trade Commission on the proposed implementation of an action by Presidential proclamation; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action.
§4515. Administration of dispute settlement proceedings
(a) United States Section of Secretariat
(1) Establishment or designation of office
The President is authorized to establish or designate within the Department of Commerce an office to serve as the United States Section of the Secretariat established under article 30.6 of the USMCA.
(2) Functions and administrative assistance
The office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),1 shall—
(A) carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of
(B) provide administrative assistance to—
(i) panels established under
(ii) technical advisers and experts provided for under
(iii) binational panels and extraordinary challenge committees established under section D of
(iv) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
(3) Treatment of office under Freedom of Information Act
The office established or designated under paragraph (1) shall not be considered an agency for purposes of
(b) Authorization of appropriations
There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for—
(1) the operations of the office established or designated under subsection (a)(1); and
(2) the payment of the United States share of the expenses of—
(A) panels established under
(B) binational panels and extraordinary challenge committees established under section D of
(C) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
(c) Reimbursement of certain expenses
If the Canadian Section or the Mexican Section of the Secretariat provides funds to the United States Section during any fiscal year as reimbursement for expenses in connection with dispute settlement proceedings under section D of
(
Editorial Notes
References in Text
Section 411(c)(2), referred to in subsec. (a)(2), means section 411(c)(2) of
The Freedom of Information Act, referred to in subsec. (a)(3), is
Executive Documents
Delegation of Functions
Proc. No. 10053, par. (8), June 29, 2020, 85 F.R. 39826, authorized The Secretary of Commerce to exercise the authority of the President under subsec. (a) of this section to establish or designate an office within the Department of Commerce to carry out the functions set forth in that subsection.
1 See References in Text note below.
§4516. Trade Representative authority
If a country (other than the United States) that has signed the USMCA does not enact implementing legislation, the Trade Representative is authorized to enter into negotiations with the other country that has signed the USMCA to consider how the applicable provisions of the USMCA can come into force with respect to the United States and that other country as promptly as possible.
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SUBCHAPTER II—CUSTOMS PROVISIONS
§4531. Rules of origin
(a) Definitions
In this section:
(1) Aquaculture
The term "aquaculture" means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates, and aquatic plants from seed stock such as eggs, fry, fingerlings, or larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators.
(2) Customs Valuation Agreement
The term "Customs Valuation Agreement" means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in
(3) Fungible good or fungible material
The term "fungible good" or "fungible material" means a good or material, as the case may be, that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material.
(4) Good wholly obtained or produced entirely in the territory of one or more USMCA countries
The term "good wholly obtained or produced entirely in the territory of one or more USMCA countries" means any of the following:
(A) A mineral good or other naturally occurring substance extracted or taken from the territory of one or more USMCA countries.
(B) A plant, plant good, vegetable, or fungus grown, cultivated, harvested, picked, or gathered in the territory of one or more USMCA countries.
(C) A live animal born and raised in the territory of one or more USMCA countries.
(D) A good obtained in the territory of one or more USMCA countries from a live animal.
(E) An animal obtained by hunting, trapping, fishing, gathering, or capturing in the territory of one or more USMCA countries.
(F) A good obtained in the territory of one or more USMCA countries from aquaculture.
(G) A fish, shellfish, or other marine life taken from the sea, seabed, or subsoil outside the territory of one or more USMCA countries and outside the territorial sea of any country that is not a USMCA country by—
(i) a vessel that is registered or recorded with a USMCA country and flying the flag of that country; or
(ii) a vessel that is documented under the laws of the United States.
(H) A good produced on board a factory ship from goods referred to in subparagraph (G), if such factory ship—
(i) is registered or recorded with a USMCA country and flies the flag of that country; or
(ii) is a vessel that is documented under the laws of the United States.
(I) A good, other than a good referred to in subparagraph (G), that is taken by a USMCA country, or a person of a USMCA country, from the seabed or subsoil outside the territory of a USMCA country, if that USMCA country has the right to exploit such seabed or subsoil.
(J) Waste and scrap derived from—
(i) production in the territory of one or more USMCA countries; or
(ii) used goods collected in the territory of one or more USMCA countries, if such goods are fit only for the recovery of raw materials.
(K) A good produced in the territory of one or more USMCA countries exclusively from goods referred to in any of subparagraphs (A) through (J), or from their derivatives, at any stage of production.
(5) Indirect material
The term "indirect material" means a material used or consumed in the production, testing, or inspection of a good but not physically incorporated into the good, or a material used or consumed in the maintenance of buildings or the operation of equipment associated with the production of a good, including—
(A) fuel and energy;
(B) tools, dies, and molds;
(C) spare parts and materials used or consumed in the maintenance of equipment or buildings;
(D) lubricants, greases, compounding materials, and other materials used or consumed in production or to operate equipment or buildings;
(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
(F) equipment, devices, and supplies used for testing or inspecting the good;
(G) catalysts and solvents; and
(H) any other material that is not incorporated into the good, if the use of the material in the production of the good can reasonably be demonstrated to be a part of that production.
(6) Intermediate material
The term "intermediate material" means a material that is self-produced, used or consumed in the production of a good, and designated as an intermediate material pursuant to subsection (d)(9).
(7) Material
The term "material" means a good that is used or consumed in the production of another good and includes a part or an ingredient.
(8) Net cost
The term "net cost" means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost.
(9) Net cost of a good
The term "net cost of a good" means the net cost that can be reasonably allocated to a good using one of the methods set forth in subsection (d)(7).
(10) Nonallowable interest costs
The term "nonallowable interest costs" means interest costs incurred by a producer that exceed 700 basis points above the applicable official interest rate for comparable maturities of the country in which the producer is located.
(11) Nonoriginating good or nonoriginating material
The term "nonoriginating good" or "nonoriginating material" means a good or material, as the case may be, that does not qualify as originating under this section.
(12) Originating good; originating material
The term "originating good" or "originating material" means a good or material, as the case may be, that qualifies as originating under this section.
(13) Packaging materials and containers
The term "packaging materials and containers" means materials and containers in which a good is packaged for retail sale.
(14) Packing materials and containers
The term "packing materials and containers" means materials and containers that are used to protect a good during transportation.
(15) Producer
The term "producer" means a person who engages in the production of a good.
(16) Production
The term "production" means—
(A) growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, breeding, extracting, manufacturing, processing, or assembling a good; or
(B) the farming of aquatic organisms through aquaculture.
(17) Reasonably allocate
The term "reasonably allocate" means to apportion in a manner appropriate to the circumstances.
(18) Recovered material
The term "recovered material" means a material in the form of individual parts that are the result of—
(A) the disassembly of a used good into individual parts; and
(B) the cleaning, inspecting, testing, or other processing that is necessary for improvement to sound working condition of such individual parts.
(19) Remanufactured good
The term "remanufactured good" means a good classified in the HTS under any of chapters 84 through 90 or under heading 9402, other than a good classified under heading 8418, 8509, 8510, 8516, or 8703 or subheading 8414.51, 8450.11, 8450.12, 8508.11, or 8517.11, that—
(A) is entirely or partially composed of recovered materials;
(B) has a life expectancy similar to, and performs in a manner that is the same as or similar to, such a good when new; and
(C) has a factory warranty similar to that applicable to such a good when new.
(20) Royalties
The term "royalties" means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use of, or right to use, a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or secret process, excluding payments under technical assistance or similar agreements that can be related to a specific service such as—
(A) personnel training, without regard to where the training is performed; or
(B) if performed in the territory of one or more USMCA countries, engineering, tooling, die-setting, software design and similar computer services, or other services.
(21) Sales promotion, marketing, and after-sales service costs
The term "sales promotion, marketing, and after-sales service costs" means the costs related to sales promotion, marketing, and after-sales service for the following:
(A) Sales and marketing promotion, media advertising, advertising and market research, promotional and demonstration materials, exhibits, sales conferences, trade shows, conventions, banners, marketing displays, free samples, sales, marketing, and after-sales service literature (product brochures, catalogs, technical literature, price lists, service manuals, and sales aid information), establishment and protection of logos and trademarks, sponsorships, wholesale and retail charges, and entertainment.
(B) Sales and marketing incentives, consumer, retailer, or wholesaler rebates, and merchandise incentives.
(C) Salaries and wages, sales commissions, bonuses, benefits (such as medical, insurance, and pension benefits), traveling and living expenses, and membership and professional fees for sales promotion, marketing, and after-sales service personnel.
(D) Product liability insurance.
(E) Rent and depreciation of sales promotion, marketing, and after-sales service offices and distribution centers.
(F) Payments by the producer to other persons for warranty repairs.
(G) If the costs are identified separately for sales promotion, marketing, or after-sales service of goods on the financial statements or cost accounts of the producer, the following:
(i) Property insurance premiums, taxes, utilities, and repair and maintenance of sales promotion, marketing, and after-sales service offices and distribution centers.
(ii) Recruiting and training of sales promotion, marketing, and after-sales service personnel, and after-sales training of customers' employees.
(iii) Office supplies for sales promotion, marketing, and after-sales service of goods.
(iv) Telephone, mail, and other communications.
(22) Self-produced material
The term "self-produced material" means a material that is produced by the producer of a good and used in the production of that good.
(23) Shipping and packing costs
The term "shipping and packing costs" means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding the costs of preparing and packaging the good for retail sale.
(24) Territory
The term "territory", with respect to a USMCA country, has the meaning given that term in section C of
(25) Total cost
(A) In general
The term "total cost"—
(i) means all product costs, period costs, and other costs for a good incurred in the territory of one or more USMCA countries; and
(ii) does not include—
(I) profits that are earned by the producer of the good, regardless of whether the costs are retained by the producer or paid out to other persons as dividends; or
(II) taxes paid on those profits, including capital gains taxes.
(B) Other definitions
In this paragraph:
(i) Other costs
The term "other costs" means all costs recorded on the books of the producer that are not product costs or period costs, such as interest.
(ii) Period costs
The term "period costs" means costs, other than product costs, that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses.
(iii) Product costs
The term "product costs" means costs that are associated with the production of a good, including the value of materials, direct labor costs, and direct overhead.
(26) Transaction value
The term "transaction value" means the price—
(A) actually paid or payable for a good or material with respect to a transaction of a producer; and
(B) adjusted in accordance with the principles set forth in paragraphs 1, 3, and 4 of article 8 of the Customs Valuation Agreement.
(27) USMCA country
The term "USMCA country" means the United States, Canada, or Mexico for such time as the USMCA is in force with respect to Canada or Mexico, and the United States applies the USMCA to Canada or Mexico.
(28) Value
The term "value" means the value of a good or material for purposes of calculating customs duties or applying this section.
(b) Application and interpretation
In this section:
(1) Tariff classification
The basis for any tariff classification is the HTS.
(2) Reference to HTS
Whenever in this section there is a reference to a chapter, heading, or subheading, that reference shall be a reference to a chapter, heading, or subheading of the HTS.
(3) Cost or value
Any cost or value referred to in this section with respect to a good shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the USMCA country in which the good is produced.
(c) Originating goods
(1) In general
For purposes of this Act and for purposes of implementing the preferential tariff treatment provided for under the USMCA, except as otherwise provided in this section, a good is an originating good if—
(A) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries;
(B) the good is produced entirely in the territory of one or more USMCA countries using nonoriginating materials, if the good satisfies all applicable requirements set forth in Annex 4–B of the USMCA; or
(C) the good is produced entirely in the territory of one or more USMCA countries, exclusively from originating materials;
(D) except for a good provided for under any of chapters 61 through 63—
(i) the good is produced entirely in the territory of one or more USMCA countries;
(ii) one or more of the nonoriginating materials provided for as parts under the HTS and used in the production of the good do not satisfy the requirements set forth in Annex 4–B of the USMCA because—
(I) both the good and its materials are classified under the same subheading or under the same heading that is not further subdivided into subheadings; or
(II) the good was imported into the territory of a USMCA country in an unassembled form or a disassembled form but was classified as an assembled good pursuant to rule 2(a) of the General Rules of Interpretation of the HTS; and
(iii) the regional value content of the good is not less than 60 percent if the transaction value method is used, or not less than 50 percent if the net cost method is used and the good satisfies all other applicable requirements of this section; or
(E) the good itself, as imported, is listed in table 2.10.1 of the USMCA and is imported into the territory of the United States from the territory of a USMCA country.
(2) Remanufactured goods
For purposes of determining whether a remanufactured good is an originating good, a recovered material derived in the territory of one or more USMCA countries shall be treated as originating if the recovered material is used or consumed in the production of, and incorporated into, the remanufactured good.
(3) Special rule for foreign-trade zones
Paragraph (1)(B) shall not apply to a good produced in a foreign-trade zone or subzone established pursuant to the Act of June 18, 1934 (commonly known as the "Foreign Trade Zones Act") (
(d) Regional value content
(1) In general
Except as provided in paragraph (5), for purposes of subparagraphs (B) and (D) of subsection (c)(1), the regional value content of a good shall be calculated, at the choice of the importer, exporter, or producer of the good, on the basis of—
(A) the transaction value method described in paragraph (2); or
(B) the net cost method described in paragraph (3).
(2) Transaction value method
(A) In general
An importer, exporter, or producer of a good may calculate the regional value content of the good on the basis of the following transaction value method:
| = | × | 100 | ||
|---|---|---|---|---|
(B) Definitions
In this paragraph:
(i) RVC
The term "RVC" means the regional value content of the good, expressed as a percentage.
(ii) TV
The term "TV" means the transaction value of the good, adjusted to exclude any costs incurred in the international shipment of the good.
(iii) VNM
The term "VNM" means the value of nonoriginating materials used by the producer in the production of the good.
(3) Net cost method
(A) In general
An importer, exporter, or producer of a good may calculate the regional value content of the good on the basis of the following net cost method:
| = | × | 100 | ||
|---|---|---|---|---|
(B) Definitions
In this paragraph:
(i) NC
The term "NC" means the net cost of the good.
(ii) RVC
The term "RVC" means the regional value content of the good, expressed as a percentage.
(iii) VNM
The term "VNM" means the value of nonoriginating materials used by the producer in the production of the good.
(4) Value of nonoriginating materials
(A) In general
The value of nonoriginating materials used by the producer in the production of a good shall not, for purposes of calculating the regional value content of the good under paragraph (2) or (3), include the value of nonoriginating materials used or consumed to produce originating materials that are subsequently used or consumed in the production of the good.
(B) Special rule for certain components
The following components of the value of nonoriginating materials used by the producer in the production of a good may be counted as originating content for purposes of determining whether the good meets the regional value content requirement set forth in Annex 4–B of the USMCA:
(i) The value of processing the nonoriginating materials undertaken in the territory of one or more USMCA countries.
(ii) The value of any originating materials used or consumed in the production of the nonoriginating materials undertaken in the territory of one or more USMCA countries.
(5) Net cost method required in certain cases
An importer, exporter, or producer of a good shall calculate the regional value content of the good solely on the basis of the net cost method described in paragraph (3) if the rule for the good set forth in Annex 4–B of the USMCA includes a regional value content requirement not based on the transaction value method described in paragraph (2).
(6) Net cost method allowed for adjustments
(A) In general
If an importer, exporter, or producer of a good calculates the regional value content of the good on the basis of the transaction value method described in paragraph (2) and a USMCA country subsequently notifies the importer, exporter, or producer, during the course of a verification conducted in accordance with
(B) Review of adjustment
Nothing in subparagraph (A) shall be construed to prevent any review or appeal available in accordance with article 5.15 of the USMCA with respect to an adjustment to or a rejection of—
(i) the transaction value of a good; or
(ii) the value of any material used in the production of a good.
(7) Calculating net cost
The producer of a good may, consistent with regulations implementing this section, calculate the net cost of the good under paragraph (3) by—
(A) calculating the total cost incurred with respect to all goods produced by that producer, subtracting any sales promotion, marketing, and after-sales services costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of those goods, and then reasonably allocating the resulting net cost of those goods to the good;
(B) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the good, and subtracting any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs, that are included in the portion of the total cost allocated to the good; or
(C) reasonably allocating each cost that is part of the total cost incurred with respect to the good so that the aggregate of those costs does not include any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs.
(8) Value of materials used in production
For purposes of calculating the regional value content of a good under this subsection, applying the de minimis rules under subsection (f), and calculating the value of nonoriginating components in a set under subsection (m), the value of a material used in the production of a good is—
(A) in the case of a material that is imported by the producer of the good, the transaction value of the material at the time of importation, including the costs incurred in the international shipment of the material;
(B) in the case of a material acquired in the territory in which the good is produced—
(i) the price paid or payable by the producer in the USMCA country where the producer is located;
(ii) the value as determined under subparagraph (A), as set forth in regulations prescribed by the Secretary of the Treasury providing for the application of transaction value in the absence of an importation by the producer; or
(iii) the earliest ascertainable price paid or payable in the territory of the country; or
(C) in the case of a self-produced material, the sum of—
(i) all expenses incurred in the production of the material, including general expenses; and
(ii) an amount for profit equivalent to the profit added in the normal course of trade or equal to the profit that is usually reflected in the sale of goods of the same class or kind as the material.
(9) Intermediate materials
(A) In general
Any self-produced material that is used in the production of a good may be designated by the producer of the good as an intermediate material for purposes of calculating the regional value content of the good under paragraph (2) or (3).
(B) Materials used in production of intermediate materials
If a self-produced material is designated as an intermediate material under subparagraph (A) for purposes of calculating a regional value content requirement, no other self-produced material subject to a regional value content requirement used or consumed in the production of that intermediate material may be designated by the producer as an intermediate material.
(10) Further adjustments to value of materials
The following expenses, if included in the value of a nonoriginating material calculated under paragraph (8), may be deducted from the value of the nonoriginating material:
(A) The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer.
(B) Duties, taxes, and customs brokerage fees on the material paid in the territory of one or more USMCA countries, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
(C) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproducts.
(e) Accumulation
(1) Producers
A good that is produced in the territory of one or more USMCA countries, by one or more producers, is an originating good if the good satisfies the requirements of subsection (c) and all other applicable requirements of this section.
(2) Originating materials used in production of goods of a USMCA country
Originating materials from the territory of one or more USMCA countries that are used in the production of a good in the territory of another USMCA country shall be considered to originate in the territory of such other USMCA country.
(3) Production undertaken on nonoriginating materials used in the production of goods
In determining whether a good is an originating good under this section, production undertaken on nonoriginating material in the territory of one or more USMCA countries by one or more producers shall contribute to the originating status of the good, regardless of whether that production is sufficient to confer originating status to the nonoriginating material.
(f) De minimis amounts of nonoriginating materials
(1) In general
Except as provided in paragraphs (2) through (4), a good that does not undergo a change in tariff classification or satisfy a regional value content requirement set forth in Annex 4–B of the USMCA is an originating good if—
(A) the value of all nonoriginating materials that are used in the production of the good, and do not undergo the applicable change in tariff classification set forth in Annex 4–B of the USMCA—
(i) does not exceed 10 percent of the transaction value of the good, adjusted to exclude any costs incurred in the international shipment of the good; or
(ii) does not exceed 10 percent of the total cost of the good;
(B) the good meets all other applicable requirements of this section; and
(C) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value content requirement for the good.
(2) Exceptions for dairy and other products
Paragraph (1) does not apply to the following:
(A) A nonoriginating material of headings 0401 through 0406, or a nonoriginating dairy preparation containing over 10 percent by dry weight of milk solids of subheading 1901.90 or 2106.90, used or consumed in the production of a good of headings 0401 through 0406.
(B) A nonoriginating material of headings 0401 through 0406, or nonoriginating dairy preparation containing over 10 percent by dry weight of milk solids of subheading 1901.90 or 2106.90, used or consumed in the production of any of the following goods:
(i) Infant preparations containing over 10 percent by dry weight of milk solids, of subheading 1901.10.
(ii) Mixes and doughs containing over 25 percent by dry weight of butterfat, not put up for retail sale, of subheading 1901.20.
(iii) A dairy preparation containing over 10 percent by dry weight of milk solids, of subheading 1901.90 or 2106.90.
(iv) A good of heading 2105.
(v) Beverages containing milk of subheading 2202.90.
(vi) Animal feeds containing over 10 percent by dry weight of milk solids of subheading 2309.90.
(C) A nonoriginating material of heading 0805, or any of subheadings 2009.11 through 2009.39, used or consumed in the production of a good of subheadings 2009.11 through 2009.39, or a fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, of subheading 2106.90 or 2202.90.
(D) A nonoriginating material of
(E) A nonoriginating material of
(F) A nonoriginating material of heading 1701 used or consumed in the production of a good of any of headings 1701 through 1703.
(G) A nonoriginating material of
(H) Nonoriginating peaches, pears, or apricots of
(I) A nonoriginating single juice ingredient of heading 2009 used or consumed in the production of a good of—
(i) subheading 2009.90, or tariff item 2106.90.54 (concentrated mixtures of fruit or vegetable juice, fortified with minerals or vitamins); or
(ii) tariff item 2202.99.37 (mixtures of fruit or vegetable juices, fortified with minerals or vitamins).
(J) A nonoriginating material of any of headings 2203 through 2208 used or consumed in the production of a good provided for under heading 2207 or 2208.
(3) Goods provided for under chapters 1 through 27
Paragraph (1) does not apply to a nonoriginating material used or consumed in the production of a good provided for in chapters 1 through 27 unless the nonoriginating material is provided for in a different subheading than the subheading of the good for which origin is being determined.
(4) Textile or apparel goods
(A) Goods classified under chapters 50 through 60
Except as provided in subparagraph (C), a textile or apparel good provided for in any of chapters 50 through 60 or heading 9619 that is not an originating good because certain nonoriginating materials used in the production of the good do not undergo an applicable change in tariff classification set forth in Annex 4–B of the USMCA, shall be considered to be an originating good if the total weight of all such materials, including elastomeric yarns, is not more than 10 percent of the total weight of the good and the good meets all other applicable requirements of this section.
(B) Goods classified under chapters 61 through 63
Except as provided in subparagraph (C), a textile or apparel good provided for in
(C) Goods containing nonoriginating elastomeric yarns
(i) Goods classified under chapters 50 through 60 or heading 9619
A textile or apparel good described in subparagraph (A) containing nonoriginating elastomeric yarns shall be considered to be an originating good only if the nonoriginating elastomeric yarns contained in the good do not exceed 7 percent of the total weight of the good.
(ii) Goods classified under chapters 61 through 63
A textile or apparel good described in subparagraph (B) containing nonoriginating elastomeric yarns shall be considered to be an originating good only if the nonoriginating elastomeric yarns contained in the component of the good that determines the tariff classification of the good do not exceed 7 percent of the total weight of the good.
(g) Fungible goods and materials
(1) Fungible materials used in production
Subject to paragraph (3), if originating and nonoriginating fungible materials are used or consumed in the production of a good, the determination of whether the materials are originating may be made on the basis of any of the inventory management methods set forth in regulations implementing this section.
(2) Fungible goods commingled and exported
Subject to paragraph (3), if originating and nonoriginating fungible goods are commingled and exported in the same form, the determination of whether the goods are originating may be made on the basis of any of the inventory management methods set forth in regulations implementing this section.
(3) Use of inventory management method
A person that selects an inventory management method for purposes of paragraph (1) or (2) shall use that inventory management method throughout the fiscal year of the person.
(h) Accessories, spare parts, tools, and instructional or other information materials
(1) In general
Subject to paragraph (2), accessories, spare parts, tools, or instructional or other information materials delivered with a good shall—
(A) be treated as originating if the good is an originating good;
(B) be disregarded in determining whether a good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries or satisfies a process or change in tariff classification set forth in Annex 4–B of the USMCA; and
(C) be taken into account as originating or nonoriginating materials, as the case may be, in calculating any applicable regional value content of the good set forth in Annex 4–B of the USMCA.
(2) Conditions
Paragraph (1) shall apply only if—
(A) the accessories, spare parts, tools, or instructional or other information materials are classified with and delivered with, but not invoiced separately from, the good; and
(B) the types, quantities, and value of the accessories, spare parts, tools, or instructional or other information materials are customary for the good.
(i) Packaging materials and containers for retail sale
Packaging materials and containers in which a good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all of the nonoriginating materials used in the production of the good undergo the applicable process or change in tariff classification requirement set forth in Annex 4–B of the USMCA, or whether the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries. If the good is subject to a regional value content requirement set forth in that Annex, the value of such packaging materials and containers shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value content of the good.
(j) Packing materials and containers for shipment
Packing materials and containers for shipment shall be disregarded in determining whether a good is an originating good.
(k) Indirect materials
An indirect material shall be treated as an originating material without regard to where it is produced.
(l) Transit and transshipment
A good that has undergone production necessary to qualify as an originating good under subsection (c) shall not be considered to be an originating good if, subsequent to that production, the good—
(1) undergoes further production or any other operation outside the territory of a USMCA country, other than—
(A) unloading, reloading, separation from a bulk shipment, storing, labeling, or marking, as required by a USMCA country; or
(B) any other operation necessary to preserve the good in good condition or to transport the good to the territory of the importing USMCA country; or
(2) does not remain under the control of customs authorities in a country other than a USMCA country.
(m) Goods classifiable as goods put up in sets
(1) Goods other than textile or apparel goods
Notwithstanding the rules set forth in Annex 4–B of the USMCA, goods classifiable as goods put up in sets for retail sale as provided for in rule 3 of the General Rule of Interpretation of the HTS shall not be considered to be originating goods unless—
(A) each of the goods in the set is an originating good; or
(B) the total value of the nonoriginating goods in the set does not exceed 10 percent of the value of the set.
(2) Textile or apparel goods
Notwithstanding the rules set forth in Annex 4–B of the USMCA, goods classifiable as goods put up in sets for retail sale as provided for in rule 3 of the General Rule of Interpretation of the HTS shall not be considered to be originating goods unless—
(A) each of the goods in the set is an originating good; or
(B) the total value of the nonoriginating goods in the set does not exceed 10 percent of the value of the set.
(n) Nonqualifying operations
A good shall not be considered to be an originating good merely by reason of—
(1) mere dilution with water or another substance that does not materially alter the characteristics of the good; or
(2) any production or pricing practice with respect to which it may be demonstrated, by a preponderance of the evidence, that the object of the practice was to circumvent this section.
(o) Effective date
(1) In general
This section shall—
(A) take effect on the date on which the USMCA enters into force; and
(B) apply with respect to a good entered for consumption, or withdrawn from warehouse for consumption, on or after that date.
(2) Transition from NAFTA treatment
Section 202 of the North American Free Trade Agreement Implementation Act (
(
Editorial Notes
References in Text
The Harmonized Tariff Schedule of the United States or HTS, referred to in subsecs. (a)(19), (b)(1), (2), (c)(1)(D)(ii), and (m), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
This Act, referred to in subsec. (c)(1), is
Act of June 18, 1934, referred to in subsec. (c)(3), is act June 18, 1934, ch. 590,
Section 202 of the North American Free Trade Agreement Implementation Act, referred to in subsec. (o)(2), is section 202 of
Amendments
2020—Subsec. (c)(3).
Subsec. (f)(2)(E).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
2 See References in Text note below.
§4532. Special rules for automotive goods
(a) Definitions
In this section:
(1) Alternative staging regime
The term "alternative staging regime" means the application, pursuant to subsection (d), of the requirements of article 8 of the automotive appendix to the production of covered vehicles to allow producers of such vehicles to bring such production into compliance with the requirements of articles 2 through 7 of that appendix.
(2) Alternative staging regime period
The term "alternative staging regime period" means the period during which the alternative staging regime is in effect.
(3) Automotive appendix
The term "automotive appendix" means the Appendix to Annex 4–B of the USMCA (relating to the product-specific rules of origin for automotive goods).
(4) Automotive good
The term "automotive good" means—
(A) a covered vehicle; or
(B) a part, component, or material listed in table A.1, A.2, B, C, D, or E of the automotive appendix.
(5) Automotive rules of origin
The term "automotive rules of origin" means the rules of origin for automotive goods set forth in the automotive appendix.
(6) Commissioner
The term "Commissioner" means the Commissioner of U.S. Customs and Border Protection.
(7) Covered vehicle
The term "covered vehicle" means a passenger vehicle, light truck, or heavy truck.
(8) Interagency committee
The term "interagency committee" means the interagency committee established under subsection (b)(1).
(9) Passenger vehicle; light truck; heavy truck
The terms "passenger vehicle", "light truck", and "heavy truck" have the meanings given those terms in article 1 of the automotive appendix.
(10) USMCA country
The term "USMCA country" means the United States, Canada, or Mexico for such time as the USMCA is in force with respect to Canada or Mexico, and the United States applies the USMCA to Canada or Mexico.
(b) Establishment of interagency committee
(1) In general
Not later than 30 days after January 29, 2020, the President shall establish an interagency committee—
(A) to provide advice, as appropriate, on the implementation, enforcement, and modification of provisions of the USMCA that relate to automotive goods, including the alternative staging regime; and
(B) to review the operation of the USMCA with respect to trade in automotive goods, including—
(i) the economic effects of the automotive rules of origin on the United States economy, workers, and consumers; and
(ii) the impact of new technology on such rules of origin.
(2) Members
The members of the interagency committee shall be the following:
(A) The Trade Representative.
(B) The Secretary of Commerce.
(C) The Commissioner.
(D) The Secretary of Labor.
(E) The Chair of the International Trade Commission.
(F) Any other members determined to be necessary by the Trade Representative.
(3) Chair
The chair of the interagency committee shall be the Trade Representative.
(4) Use of information
(A) Information sharing
Notwithstanding any other provision of law, the members of the interagency committee may exchange information for purposes of carrying out this section.
(B) Confidentiality of information
The interagency committee and any Federal agency represented on the interagency committee may not disclose to the public any confidential documents or information received in the course of carrying out this section, except information aggregated to preserve confidentiality and used in the reports described in subsection (g).
(c) Certification requirements
(1) Certification relating to labor value content requirements
(A) In general
A covered vehicle shall be eligible for preferential tariff treatment only if the producer of the covered vehicle—
(i) provides a certification to the Commissioner that the production of covered vehicles by the producer meets the labor value content requirements, including the high-wage material and manufacturing expenditures, high-wage technology expenditures, and high-wage assembly expenditures, as set forth in article 7 of the automotive appendix or, if the producer is subject to the alternative staging regime, articles 7 and 8 of that appendix, and includes the calculations of the producer related to the labor value content requirements; and
(ii) has information on record to support those calculations.
(B) Implementation
For purposes of meeting the requirements under subparagraph (A)—
(i) the Secretary of Labor, in consultation with the Commissioner, shall ensure that the certification of a producer under subparagraph (A)(i) does not contain omissions or errors before the certification is considered properly filed; and
(ii) a calculation described in subparagraph (A)(i) based on a producer's preceding fiscal or calendar year is valid for the producer's subsequent fiscal or calendar year, as the case may be, as set forth in articles 7 and 8 of the automotive appendix.
(C) Regulations required
The Secretary of the Treasury, in consultation with the Secretary of Labor, shall prescribe regulations to carry out this paragraph, including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the labor value content requirements for preferential tariff treatment.
(2) Certification relating to steel and aluminum purchase requirements
(A) In general
A covered vehicle shall be eligible for preferential tariff treatment only if the producer of the covered vehicle—
(i) provides a certification to the Commissioner that the production of covered vehicles by the producer meets the steel and aluminum purchase requirements set forth in article 6 of the automotive appendix or, if the producer is subject to the alternative staging regime, articles 6 and 8 of that appendix; and
(ii) has information on record to support the calculations relied on for the certification.
(B) Implementation
For purposes of meeting the requirements under subparagraph (A)—
(i) the Commissioner shall ensure that the certification of a producer under subparagraph (A)(i) does not contain omissions or errors before the certification is considered properly filed; and
(ii) a calculation described in subparagraph (A)(ii) based on a producer's preceding fiscal or calendar year is valid for the producer's subsequent fiscal or calendar year, as the case may be, as set forth in articles 6 and 8 of the automotive appendix.
(C) Regulations required
The Secretary of the Treasury shall prescribe regulations to carry out this paragraph, including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the steel and aluminum purchase requirements for preferential tariff treatment.
(d) Alternative staging regime
(1) Publication of requirements
Not later than 90 days after January 29, 2020, the Trade Representative, in consultation with the interagency committee, shall publish in the Federal Register requirements, procedures, and guidance required to implement the alternative staging regime, including with respect to the following:
(A) The procedures, calculation methodology, timeframe, specific regional value content thresholds, and other minimum requirements, consistent with article 8 of the automotive appendix, with which a producer of covered vehicles subject to the alternative staging regime is required to comply during the alternative staging regime period for such vehicles to be eligible for preferential tariff treatment pursuant to the alternative staging regime.
(B) The date by which requests for the alternative staging regime are required to be submitted.
(C) The information a producer of passenger vehicles or light trucks is required to provide, in the producer's request to use the alternative staging regime, to demonstrate the actions that the producer will take to be prepared to meet all the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired, including the following:
(i) A statement identifying which of the requirements set forth in articles 2 through 7 of the automotive appendix that the producer expects it will be unable to meet upon entry into force of the USMCA based on current business plans.
(ii) A statement indicating whether the passenger vehicles or light trucks for which the producer seeks to use the alternative staging regime account for 10 percent or less, or more than 10 percent, of the total production of passenger vehicles or light trucks, as the case may be, in USMCA countries by the producer during the 12-month period preceding the date on which the USMCA enters into force, or the average of such production during the 36-month period preceding that date, whichever is greater.
(iii) In the case of a producer that seeks to use the alternative staging regime for more than 10 percent of the producer's total production of passenger vehicles or light trucks, as the case may be, in USMCA countries—
(I) a detailed and credible plan describing with specificity the actions the producer intends to take to bring production of the passenger vehicles or light trucks, as the case may be, into compliance with the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period expires; and
(II) a statement indicating the time period for which the producer is requesting to use the alternative staging regime, if that time period is greater than 5 years after the USMCA enters into force.
(D) The procedures for accepting and reviewing requests for the alternative staging regime, including that the Trade Representative will—
(i) notify a producer of any deficiencies in the request of the producer that would result in a denial of the request not later than 30 days after the request is submitted; and
(ii) provide producers the opportunity to submit supplemental information.
(E) The criteria the Trade Representative, in consultation with the interagency committee, will consider when determining whether to approve a request for the alternative staging regime. Such criteria shall only include elements necessary for the producer to demonstrate the producer's ability to meet the requirements specified in subparagraphs (A) and (B). The criteria shall also describe the information to meet those requirements in sufficient detail to allow the producer to identify the information necessary to complete a request for the alternative staging regime.
(F) The opportunity for a producer described in subparagraph (C)(iii) to modify the producer's request for the alternative staging regime.
(2) Review of requests for alternative staging regime
(A) In general
In reviewing the request of a producer of passenger vehicles or light trucks for the alternative staging regime, the Trade Representative, in consultation with the interagency committee, shall determine—
(i) whether the request covers 10 percent or less, or more than 10 percent, of the production of passenger vehicles or light trucks in USMCA countries by the producer; and
(ii) whether the producer has identified with specificity which of the requirements set forth in articles 2 through 7 of the automotive appendix the producer is unable to meet based on current business plans.
(B) Approval of alternative staging regime for passenger vehicle or light truck production not exceeding 10 percent of North American production
The Trade Representative shall authorize the use of the alternative staging regime if the Trade Representative, in consultation with the interagency committee, determines that—
(i) the request for the alternative staging regime covers passenger vehicles or light trucks that do not exceed 10 percent of the production of passenger vehicles or lights 1 trucks, as the case may be, in USMCA countries by the producer; and
(ii) the producer has identified with specificity which of the requirements set forth in articles 2 through 7 of the automotive appendix the producer is unable to meet based on current business plans.
(C) Approval of alternative staging regime for passenger vehicle or light truck production exceeding 10 percent of North American production
The Trade Representative shall authorize the use of the alternative staging regime if the Trade Representative, in consultation with the interagency committee, determines that—
(i) the request for the alternative staging regime covers more than 10 percent of the production of passenger vehicles or lights 1 trucks, as the case may be, in USMCA countries by the producer;
(ii) the producer has identified with specificity which of the requirements set forth in articles 2 through 7 of the automotive appendix the producer is unable to meet based on current business plans; and
(iii) the detailed and credible plan of the producer submitted under paragraph (1)(C)(iii) is based on substantial evidence and reasonably calculated to bring the production of the passenger vehicles or light trucks, as the case may be, into compliance with the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired.
(3) Procedures related to reviewing and approving requests
(A) Deadline for review
Not later than 120 days after receiving a request of a producer for the alternative staging regime, the Trade Representative, in consultation with the interagency committee, shall—
(i) review the request;
(ii) make a determination with respect to whether to authorize the use of the alternative staging regime; and
(iii) provide to each producer a response in writing stating whether the producer may use the alternative staging regime.
(B) Establishment of a public list
The Trade Representative shall maintain, and update as necessary, a public list of the producers of covered vehicles that have been authorized to use the alternative staging regime.
(C) Reporting
Before a determination is made with respect to whether to authorize the use of the alternative staging regime, the Trade Representative shall provide to the appropriate congressional committees a summary of requests for the alternative staging regime.
(4) Alternative staging regime review and modification
(A) Material changes to circumstances
(i) Notification
If the request of a producer to use the alternative staging regime for more than 10 percent of the total production of passenger vehicles or light trucks, as the case may be, in USMCA countries by the producer has been granted, the producer shall notify the Trade Representative and the interagency committee of any material changes to the information contained in the request, including any supplemental information relating to that request, and of any material changes to circumstances, that will affect the producer's ability to meet any of the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired.
(ii) Requests for modification of plans
(I) In general
A producer that submits a notification under clause (i) with respect to a change described in that clause may submit to the Trade Representative and the interagency committee a request for modification of its plan.
(II) Determination regarding modification
Not later than 90 days after receiving a request submitted under subclause (I), the Trade Representative, in consultation with the interagency committee, shall—
(aa) review the request;
(bb) make a determination with respect to whether the modified plan is based on substantial evidence and reasonably calculated to ensure that the producer will still be able to meet the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired;
(cc) if the Trade Representative makes an affirmative determination under item (bb), approve the modified plan; and
(dd) notify the producer in writing of the determination.
(iii) Inability to meet requirements
If the Trade Representative, in consultation with the interagency committee, determines that the information provided by a producer under clause (i) demonstrates that the producer will no longer be able to meet the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired, the Trade Representative shall notify the producer in writing, and no claim for preferential tariff treatment may be made, on or after the date of the determination, with respect to a covered vehicle of the producer pursuant to the alternative staging regime.
(5) Failure to meet requirements for alternative staging regime
(A) In general
If, at any time, the Trade Representative, in consultation with the interagency committee, makes a determination described in subparagraph (B) with respect to a producer of covered vehicles subject to the alternative staging regime—
(i) any claim for preferential tariff treatment under the alternative staging regime for any covered vehicle of that producer shall be considered invalid; and
(ii) notwithstanding the finality of a liquidation of an entry, the importer of any covered vehicle of that producer shall be liable for the duties, taxes, and fees that would have been applicable to that vehicle if preferential tariff treatment pursuant to the alternative staging regime had not applied when the vehicle was entered for consumption, or withdrawn from warehouse for consumption, plus interest assessed on or after the date of entry and before the date of the determination.
(B) Determination described
A determination described in this subparagraph is a determination that a producer of covered vehicles subject to the alternative staging regime—
(i) has failed to take the steps set forth in the producer's request for the alternative staging regime and, as a result of that failure, the producer will no longer be able to meet the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired;
(ii) has provided false or misleading information in the producer's request; or
(iii) in the case of a producer authorized to use the alternative staging regime for more than 10 percent of the total production of passenger vehicles or light trucks in USMCA countries by the producer, has failed to notify the Trade Representative under paragraph (4)(A) of material changes to circumstances that will prevent the producer from meeting any of the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired.
(e) Verification of labor value content requirements
(1) In general
As part of a verification conducted under
(2) Role of Secretary of Labor
In cooperation with the Secretary of the Treasury, the Secretary of Labor shall participate in any verification conducted under paragraph (1) by verifying whether the production of covered vehicles by a producer meets the high-wage components of the labor value content requirements, including the wage component of the high-wage material and manufacturing expenditures, the high-wage technology expenditures, and the high-wage assembly expenditures, within the meaning given those terms in article 7 of that appendix.
(3) Role of Secretary of the Treasury
The Secretary of the Treasury shall participate in any verification conducted under paragraph (1) by verifying—
(A) the components of the labor value content requirements not covered by paragraph (2), including the annual purchase value and cost components of the high-wage material and manufacturing expenditures, within the meaning given those terms in article 7 of that appendix; and
(B) whether the producer has met the labor value content requirements.
(4) Actions by Secretary of Labor
(A) In general
In participating in a verification conducted under paragraph (1), the Secretary of Labor shall assist the Secretary of the Treasury to do the following:
(i) Examine, or cause to be examined, upon reasonable notice, any record (including any statement, declaration, document, or electronically generated or machine readable data) described in the notice with reasonable specificity.
(ii) Request information from any officer, employee, or agent of a producer of automotive goods, as necessary, that may be relevant with respect to whether the production of covered vehicles meets the high-wage components of the labor value content requirements set forth in article 7 of the automotive appendix or, if the producer is subject to the alternative staging regime under subsection (d), articles 7 and 8 of that appendix.
(B) Nature of information requested
Records and information that may be examined or requested under subparagraph (A) may relate to wages, hours, job responsibilities, and other information in any plant or facility relied on by a producer of covered vehicles to demonstrate that the production of such vehicles by the producer meets the labor value content requirements set forth in article 7 of the automotive appendix or, if the producer is subject to the alternative staging regime under subsection (d), articles 7 and 8 of that appendix.
(5) Whistleblower protections
(A) Unlawful acts
It is unlawful to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against any person for—
(i) disclosing information to a Federal agency or to any person relating to a verification under this subsection; or
(ii) cooperating or seeking to cooperate in a verification under this subsection.
(B) Enforcement
The Secretary of the Treasury and the Secretary of Labor are authorized to take such actions under existing law, including imposing appropriate penalties and seeking appropriate injunctive relief, as may be necessary to ensure compliance with this subsection and as provided for in existing regulations.
(6) Protests of decisions of U.S. Customs and Border Protection
(A) In general
If a protest under
(i) conduct an administrative review of the portion of the decision relating to such requirements; and
(ii) provide the results of that review to the Commissioner.
(B) No accelerated disposition
An importer may not request the accelerated disposition under
(f) Administration by Department of Labor
The Secretary of Labor is authorized to establish or designate an office within the Department of Labor to carry out the provisions of this section for which the Department is responsible.
(g) Review and reports
(1) Periodic review on automotive rules of origin
(A) In general
The Trade Representative, in consultation with the interagency committee, shall conduct a biennial review of the operation of the USMCA with respect to trade in automotive goods, including—
(i) to the extent practicable, a summary of actions taken by producers to demonstrate compliance with the automotive rules of origin, use of the alternative staging regime, enforcement of such rules of origin, and other relevant matters; and
(ii) whether the automotive rules of origin are effective and relevant in light of new technology and changes in the content, production processes, and character of automotive goods.
(B) Report
(i) In general
The Trade Representative shall submit to the appropriate congressional committees a report on each review conducted under subparagraph (A).
(ii) Initial report
The first report required under clause (i) shall be submitted not later than 2 years after the date on which the USMCA enters into force.
(iii) Termination of reporting requirement
The requirement to submit reports under clause (i) shall terminate on the date that is 10 years after the date on which the USMCA enters into force.
(2) Report by International Trade Commission
Not later than 1 year after the submission of the first report required by paragraph (1)(B), and every 2 years thereafter until the date that is 12 years after the date on which the USMCA enters into force, the International Trade Commission shall submit to the appropriate congressional committees and the President a report on—
(A) the economic impact of the automotive rules of origin on—
(i) the gross domestic product of the United States;
(ii) exports from and imports into the United States;
(iii) aggregate employment and employment opportunities in the United States;
(iv) production, investment, use of productive facilities, and profit levels in the automotive industries and other pertinent industries in the United States affected by the automotive rules of origin;
(v) wages and employment of workers in the automotive sector in the United States; and
(vi) the interests of consumers in the United States;
(B) the operation of the automotive rules of origin and their effects on the competitiveness of the United States with respect to production and trade in automotive goods, taking into account developments in technology, production processes, or other related matters;
(C) whether the automotive rules of origin are relevant in light of technological changes in the United States; and
(D) such other matters as the International Trade Commission considers relevant to the economic impact of the automotive rules of origin, including prices, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production in the United States.
(3) Report by Comptroller General
Not later than 4 years after the date on which the USMCA enters into force, the Comptroller General of the United States shall submit to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate a report assessing the effectiveness of United States Government interagency coordination on implementation, enforcement, and verification of the automotive rules of origin and the customs procedures of the USMCA with respect to automotive goods.
(4) Public participation
Before submitting a report under paragraph (1)(B) or (2), the agency responsible for the report shall—
(A) solicit information relating to matters that will be addressed in the report from producers of automotive goods, labor organizations, and other interested parties;
(B) provide for an opportunity for the submission of comments, orally or in writing, from members of the public relating to such matters; and
(C) after submitting the report, post a version of the report appropriate for public viewing on a publicly available internet website for the agency.
(h) Effective date
This section shall—
(1) take effect on January 29, 2020; and
(2) apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the date on which the USMCA enters into force.
(
Executive Documents
Ex. Ord. No. 13908. Establishment of the Interagency Committee on Trade in Automotive Goods Under Section 202A of the United States Mexico Canada Agreement Implementation Act
Ex. Ord. No. 13908, Feb. 28, 2020, 85 F.R. 12983, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
1 So in original. Probably should be "light".
§4533. Actions regarding verification of claims under the USMCA
(a) Verification
(1) Origin verification
(A) In general
The Secretary of the Treasury may, pursuant to article 5.9 of the USMCA, conduct a verification of whether a good is an originating good under
(B) Additional requirements
If the Secretary conducts a verification under subparagraph (A), the President may direct the Secretary—
(i) during the verification process, to release the good only upon payment of duties or provision of security; and
(ii) if the Secretary makes a negative determination under subsection (b), to take action under subsection (c).
(2) Textile and apparel goods
(A) In general
The Secretary of the Treasury may, pursuant to article 6.6 of the USMCA, conduct a verification described in subparagraph (C) with respect to a textile or apparel good.
(B) Additional requirements
If the Secretary conducts a verification under subparagraph (A) with respect to a textile or apparel good, the President may direct the Secretary—
(i) during the verification process, to take appropriate action described in subparagraph (D); and
(ii) if the Secretary makes a negative determination described in subsection (b), to take action under subsection (c).
(C) Verification described
A verification described in this subparagraph with respect to a textile or apparel good is—
(i) a verification of whether the good qualifies for preferential tariff treatment under the USMCA; or
(ii) a verification of whether customs offenses are occurring or have occurred with respect to the good.
(D) Action during verification
Appropriate action described in this subparagraph may consist of—
(i) release of the textile or apparel good that is the subject of a verification described in subparagraph (C) upon payment of duties or provision of security;
(ii) suspension of preferential tariff treatment under the USMCA with respect to—
(I) the textile or apparel good that is the subject of a verification described in subparagraph (C)(i), if the Secretary determines that there is insufficient information to support the claim for preferential tariff treatment; or
(II) any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph (C)(ii) if the Secretary of the Treasury determines that there is insufficient information to support the claim for preferential tariff treatment made with respect to that good;
(iii) denial of preferential tariff treatment under the USMCA with respect to—
(I) the textile or apparel good that is the subject of a verification described in subparagraph (C)(i) if the Secretary determines that incorrect information has been provided to support the claim for preferential tariff treatment; or
(II) any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph (C)(ii) if the Secretary determines that the person has provided incorrect information to support the claim for preferential tariff treatment that has been made with respect to that good;
(iv) detention of any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph (C) if the Secretary determines that there is insufficient information to determine the country of origin of that good; and
(v) denial of entry into the United States of any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph (C) if the Secretary determines that the person has provided incorrect information regarding the country of origin of that good.
(b) Negative determination
(1) In general
A negative determination described in this subsection with respect to a good imported, exported, or produced by an importer, exporter, or producer is a determination by the Secretary, based on a verification conducted under subsection (a), that—
(A) a claim by the importer, exporter, or producer that the good qualifies as an originating good under
(B) the good does not qualify for preferential tariff treatment under the USMCA because—
(i) the importer, exporter, or producer failed to respond to a written request for information or failed to provide sufficient information to determine that the good qualifies as an originating good;
(ii) after receipt of a written notification for a visit to conduct verification under subsection (a), the exporter or producer did not provide written consent for that visit;
(iii) the importer, exporter, or producer does not maintain, or denies access to, records or documentation required under
(iv) in the case of verification conducted under subsection (a)(2)—
(I) access or permission for a site visit is denied;
(II) officials of the United States are prevented from completing a site visit on the proposed date and the exporter or producer does not provide an acceptable alternative date for the site visit; or
(III) the exporter or producer does not provide access to relevant documents or facilities during a site visit; or
(v) the importer, exporter, or producer—
(I) otherwise fails to comply with the requirements of this section; or
(II) based on the preponderance of the evidence, circumvents the requirements of this section.
(2) Requests for information
The Secretary shall not make a negative determination described in paragraph (1)(B) unless—
(A) in a case in which the Secretary conducts a verification with respect to a good by written request or questionnaire submitted to the importer under article 5.9.1(a) of the USMCA and the claim for preferential tariff treatment under the USMCA is based on a certification of origin completed by the exporter or producer of the good, the Secretary requests information from the exporter or producer that completed the certification; or
(B) in a case in which the Secretary conducts a verification with respect to a textile or apparel good by requesting a site visit under article 6.6.2 of the USMCA, the Secretary requests information from the importer and from any exporter or producer that provided information to the Secretary to support the claim for preferential tariff treatment.
(c) Action based on determination
(1) Denial of preferential tariff treatment
Upon making a negative determination described in subsection (b)(1) with respect to a good, the Secretary may deny preferential tariff treatment under the USMCA with respect to the good.
(2) Withholding of preferential tariff treatment based on pattern of conduct
If verifications of origin relating to identical goods indicate a pattern of conduct by an importer, exporter, or producer of false or unsupported representations relevant to a claim that a good imported into the United States qualifies for preferential tariff treatment under the USMCA, U.S. Customs and Border Protection, in accordance with regulations prescribed by the Secretary, may withhold preferential tariff treatment under the USMCA for entries of those goods imported, exported, or produced by that person until U.S. Customs and Border Protection determines that person has established compliance with requirements for claims for preferential tariff treatment under the USMCA.
(d) Prevention of circumvention
In making a determination under this section, including whether to accept or reject a claim for preferential tariff treatment under the USMCA, the Secretary shall interpret the requirements of this section in a manner to avoid and prevent circumvention of those requirements.
(
Executive Documents
Delegation of Functions
Proc. No. 10053, pars. (10)–(12), June 29, 2020, 85 F.R. 39826, authorized the Committee for Implementation of Textile Agreements to exercise the authority of the President under subsec. (a)(1)(B) and (a)(2)(B) to direct action under subsec. (c) or (a)(2)(D), respectively, of this section with respect to textile and apparel goods, and authorized the Secretary of the Treasury to exercise the authority of the President under subsec. (a)(1)(B) to direct action under subsec. (a)(1)(B)(i) or (c) of this section with respect to goods other than textile or apparel goods.
§4534. Drawback
(a) "Good subject to USMCA drawback" defined
For purposes of this Act, the term "good subject to USMCA drawback" means any imported good other than the following:
(1) A good entered under bond for transportation and exportation to a USMCA country.
(2) A good exported to a USMCA country in the same condition as when imported into the United States. For purposes of this paragraph—
(A) processes such as testing, cleaning, repacking, sorting, marking, or inspecting a good, or preserving it in its same condition, shall not be considered to change the condition of the good, and
(B) except for a good referred to in paragraph 11 of Annex 3–B of the USMCA that is exported to Mexico, if a good described in the first sentence of this paragraph is commingled with fungible goods and exported in the same condition, the origin of the good may be determined on the basis of the inventory methods provided for in the regulations implementing this title.1
(3) A good—
(A) that is—
(i) deemed to be exported from the United States,
(ii) used as a material in the production of another good that is deemed to be exported to a USMCA country, or
(iii) substituted for by a good of the same kind and quality that is used as a material in the production of another good that is deemed to be exported to a USMCA country, and
(B) that is delivered—
(i) to a duty-free shop,
(ii) for ship's stores or supplies for ships or aircraft, or
(iii) for use in a project undertaken jointly by the United States and a USMCA country and destined to become the property of the United States.
(4) A good exported to a USMCA country for which a refund of customs duties is granted by reason of—
(A) the failure of the good to conform to sample or specification, or
(B) the shipment of the good without the consent of the consignee.
(5) A good that qualifies under the rules of origin set out in section 202 1 that is—
(A) exported to a USMCA country,
(B) used as a material in the production of another good that is exported to a USMCA country, or
(C) substituted for by a good of the same kind and quality that is used as a material in the production of another good that is exported to a USMCA country.
(6) A good provided for in subheading 1701.13.20 or 1701.14.20 of the HTS that is imported under any re-export program or any like program and that is—
(A) used as a material, or
(B) substituted for by a good of the same kind and quality that is used as a material,
in the production of a good provided for in existing Canadian tariff item 1701.99.00 or existing Mexican tariff item 1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined sugar).
(7) A citrus product that is exported to Canada.
(8) A good used as a material, or substituted for by a good of the same kind and quality that is used as a material, in the production of—
(A) apparel, or
(B) a good provided for in subheading 6307.90.99 (insofar as it relates to furniture moving pads), 5811.00.20, or 5811.00.30 of the HTS,
that is exported to Canada and that is subject to Canada's most-favored-nation rate of duty upon importation into Canada.
Where in paragraph (6) a good referred to by an item is described in parentheses following the item, the description is provided for purposes of reference only.
(b) Same kind and quality
For purposes of paragraphs (3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for purposes of obtaining refunds, waivers, or reductions of customs duties with respect to a good subject to USMCA drawback under
(1) for a good described in such paragraph (6)(B), if the good would have been considered of the same kind and quality as the other good on the day before the date on which the USMCA enters into force; or
(2) for other goods if—
(A) the good is classified under the same 8-digit HTS subheading number as the other good; or
(B) drawback would be allowed with respect to the goods under subsection (b)(4), (j)(1), or (p) of
(c) Elimination of drawback for fees under section 624 of title 7
Notwithstanding any other provision of law, the Secretary of the Treasury may not, on condition of export, refund or reduce a fee applied pursuant to
(d) Inapplicability to countervailing and antidumping duties
Nothing in this section or the amendments made by it shall be considered to authorize the refund, waiver, or reduction of countervailing duties or antidumping duties imposed on an imported good.
(e) Action on claim
(1) In general
If the Commissioner of U.S. Customs and Border Protection determines that a claim of preferential tariff treatment has been made with respect to an article for which a claim described in paragraph (2) has been made, the Commissioner may make such adjustments regarding the previous customs treatment of the article as may be warranted.
(2) Claims described
A claim described in this paragraph is a claim for—
(A) a refund, waiver, or reduction of duty, under any applicable provision of law; or
(B) a credit against a bond under
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is
This title, referred to in subsec. (a)(2)(B), is title II of
Section 202, referred to in subsec. (a)(5), is section 202 of
The amendments made by this section, referred to in subsec. (d), mean the amendments made by section 203(b) and (c) of
Codification
Subsecs. (a), (d), and (e) of former
Amendments
2020—
Subsec. (a).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(6).
"(A) used as a material, or
"(B) substituted for by a good of the same kind and quality that is used as a material,
in the production of a good provided for in existing Canadian tariff item 1701.99.00 or existing Mexican tariff item 1701.99.01 or 1701.99.99 (relating to refined sugar)."
Subsec. (b).
Subsec. (c).
"(1) Canada after December 31, 1995, for so long as it is a NAFTA country; or
"(2) Mexico after December 31, 2000, for so long as it is a NAFTA country."
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Amendment by section 501(b) to (d) of
1 See References in Text note below.
§4535. Regulations
(a) Secretary of the Treasury
The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this title 1 and the amendments made by this title 1 (except as provided by subsection (b)).
(b) Secretary of Labor
The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the labor value content determination under
(
Editorial Notes
References in Text
This title, referred to in subsec. (a), is title II of
1 See References in Text note below.
SUBCHAPTER III—APPLICATION OF USMCA TO SECTORS AND SERVICES
Part A—Relief From Injury Caused by Import Competition
Editorial Notes
Codification
§4551. USMCA article impact in import relief cases under Trade Act of 1974
(a) In general
If, in any investigation initiated under
(1) imports of the article from a USMCA country, considered individually, account for a substantial share of total imports; and
(2) imports of the article from a USMCA country, considered individually or, in exceptional circumstances, imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, caused by imports.
(b) Factors
(1) Substantial import share
In determining whether imports from a USMCA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period.
(2) Application of "contribute importantly" standard
In determining whether imports from a USMCA country or countries contribute importantly to the serious injury, or threat thereof, the International Trade Commission shall consider such factors as the change in the import share of the USMCA country or countries, and the level and change in the level of imports of such country or countries. In applying the preceding sentence, imports from a USMCA country or countries normally shall not be considered to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from such country or countries during the period in which an injurious increase in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.
(c) "Contribute importantly" defined
For purposes of this section and
(
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsec. (a), is
Codification
Section was formerly classified to
Amendments
2020—
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
"(1)
"(A) take effect on the date on which the USMCA enters into force [July 1, 2020]; and
"(B) apply with respect to an investigation under
"(2)
"(A) the transfers, redesignations, and amendments made by this section shall not apply with respect to the investigation; and
"(B) sections 311 and 312 of the North American Free Trade Agreement Implementation Act (
[For definition of "USMCA" as used in section 502(e) of
§4552. Presidential action regarding USMCA imports
(a) In general
In determining whether to take action under
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
(b) Exclusion of USMCA imports
In determining the nature and extent of action to be taken under
(c) Action after exclusion of USMCA country imports
(1) In general
If the President, under subsection (b), excludes imports from a USMCA country or countries from action under
(A) the President may take appropriate action under such
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2) Investigation
Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
(3) "Surge" defined
For purposes of this subsection, the term "surge" means a significant increase in imports over the trend for a recent representative base period.
(d) Condition applicable to quantitative restrictions
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
(
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsecs. (a) to (c), is
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
Part B—Temporary Entry of Business Persons
Editorial Notes
Codification
§4561. Temporary entry
Upon a basis of reciprocity secured by the USMCA, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (
(
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477,
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by
Effective Date
Part C—United States-Mexico Cross-Border Long-Haul Trucking Services
§4571. Definitions
In this part:
(1) Border commercial zone
The term "border commercial zone" means—
(A) the area of United States territory of the municipalities along the United States-Mexico international border and the commercial zones of such municipalities as described in subpart B of part 372 of title 49, Code of Federal Regulations; and
(B) any additional border crossing and associated commercial zones listed in the Federal Motor Carrier Safety Administration OP–2 application instructions or successor documents.
(2) Cargo originating in Mexico
The term "cargo originating in Mexico" means any cargo that enters the United States by commercial motor vehicle from Mexico, including cargo that may have originated in a country other than Mexico.
(3) Change in circumstances
The term "change in circumstance" may include a substantial increase in services supplied by the grantee of a grant of authority.
(4) Commercial motor vehicle
The term "commercial motor vehicle" means a commercial motor vehicle, as such term is defined in paragraph (1) of
(5) Cross-border long-haul trucking services
The term "cross-border long-haul trucking services" means—
(A) the transportation by commercial motor vehicle of cargo originating in Mexico to a point in the United States outside of a border commercial zone; or
(B) the transportation by commercial motor vehicle of cargo originating in the United States from a point in the United States outside of a border commercial zone to a point in a border commercial zone or a point in Mexico.
(6) Driver
The term "driver" means a person that drives a commercial motor vehicle in cross-border long-haul trucking services.
(7) Grant of authority
The term "grant of authority" means registration granted pursuant to
(8) Interested party
The term "interested party" means—
(A) persons of the United States engaged in the provision of cross-border long-haul trucking services;
(B) a trade or business association, a majority of whose members are part of the relevant United States long-haul trucking services industry;
(C) a certified or recognized union, or representative group of suppliers, operators, or drivers who are part of the United States long-haul trucking services industry;
(D) the Government of Mexico; or
(E) persons of Mexico.
(9) Material harm
The term "material harm" means a significant loss in the share of the United States market or relevant sub-market for cross-border long-haul trucking services held by persons of the United States.
(10) Operator or supplier
The term "operator" or "supplier" means an entity that has been granted registration under
(11) Persons of Mexico
The term "persons of Mexico" includes—
(A) entities domiciled in Mexico organized, or otherwise constituted under Mexican law, including subsidiaries of United States companies domiciled in Mexico, or entities owned or controlled by a Mexican national, which conduct cross-border long-haul trucking services, or employ drivers who are non-United States nationals; and
(B) drivers who are Mexican nationals.
(12) Persons of the United States
The term "persons of the United States" includes entities domiciled in the United States, organized or otherwise constituted under United States law, and not owned or controlled by persons of Mexico, which provide cross-border long-haul trucking services and long-haul commercial motor vehicle drivers who are United States nationals.
(13) Threat of material harm
The term "threat of material harm" means material harm that is likely to occur.
(14) United States long-haul trucking services industry
The term "United States long-haul trucking services industry" means—
(A) United States suppliers, operators, or drivers as a whole providing cross-border long-haul trucking services; or
(B) United States suppliers, operators, or drivers providing cross-border long-haul trucking services in a specific sub-market of the whole United States market.
(
Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle C (§§321–327) of title III of
§4572. Investigations and determinations by Commission
(a) Investigation
Upon the filing of a petition by an interested party described in subparagraph (A), (B), or (C) of
(1) whether a request by a person of Mexico to receive a grant of authority that is pending as of the date of the filing of the petition threatens to cause material harm to a United States long-haul trucking services industry;
(2) whether a person of Mexico who has received a grant of authority on or after the date of entry into force of the USMCA and retains such grant of authority is causing or threatens to cause material harm to a United States long-haul trucking services industry; or
(3) whether, with respect to a person of Mexico who has received a grant of authority before the date of entry into force of the USMCA and retains such grant of authority, there has been a change in circumstances such that such person of Mexico is causing or threatens to cause material harm to a United States long-haul trucking services industry.
(b) Transmission of petition, request, or resolution
The Commission shall transmit a copy of any petition, request, or resolution filed under subsection (a) to the Trade Representative and the Secretary of Transportation.
(c) Publication and hearings
The Commission shall—
(1) promptly publish notice of the commencement of any investigation under subsection (a) in the Federal Register; and
(2) within a reasonable time period thereafter, hold public hearings at which the Commission shall afford interested parties 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) of whether a request by a person of Mexico to receive a grant of authority, or a person of Mexico who has received a grant of authority and retains such grant of authority, as the case may be, threatens to cause material harm to a United States long-haul trucking services industry, the Commission 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, and working conditions; and
(2) with respect to a change in circumstances described in subsection (a)(3), take into account those operations by persons of Mexico under grants of authority in effect as of the date of entry into force of the USMCA are not causing material harm.
(e) Assistance to Commission
(1) In general
At the request of the Commission, the Secretary of Homeland Security shall consult with the Commission and shall collect and maintain such additional data and other information on commercial motor vehicles entering or exiting the United States at a port of entry or exit at the United States border with Mexico as the Commission may request for the purpose of conducting investigations under subsection (a) and shall make such information available to the Commission in a timely manner.
(2) Requests for information
(A) In general
At the request of the Commission, the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Commerce, the Secretary of Labor, and the head of any other Federal agency shall make available to the Commission any information in their possession, including proprietary information, as the Commission may require in order to assist the Commission in making determinations under subsection (a).
(B) Confidential business information
The Commission shall treat any proprietary information obtained under subparagraph (A) as confidential business information in accordance with regulations adopted by the Commission to carry out this part.
(f) Limited disclosure of confidential business information under protective order
The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under subsection (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) with respect to a petition, request, or resolution, the Commission 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), the Commission determines that the investigation is extraordinarily complicated, the Commission shall make its determination with respect to the investigation not later than 150 days after the date referred to in paragraph (1).
(h) Applicable provisions
For purposes of this part, the provisions of paragraphs (1), (2), and (3) of
(
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
§4573. Commission recommendations and report
(a) In general
If the Commission makes an affirmative determination under
(b) Limitation
Only those members of the Commission who agreed to the affirmative determination under
(c) Report
Not later than the date that is 60 days after the date on which the determination is made under
(1) the determination and an explanation of the basis for the determination;
(2) if the determination is affirmative, recommendations for action and an explanation of the basis for the recommendation; and
(3) any dissenting or separate views by members of the Commission regarding the determination.
(d) Public notice
Upon submitting a report to the President under subsection (c), the Commission shall—
(1) promptly make public the report (with the exception of information which the Commission determines to be confidential business information); and
(2) publish a summary of the report in the Federal Register.
(
§4574. Action by President with respect to affirmative determination
(a) In general
Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission's determination under
(1) the President shall, subject to subsection (b), issue an order to the Secretary of Transportation specifying the relief to be provided, consistent with subsection (c), and directing the relief to be carried out; and
(2) the Secretary of Transportation shall carry out such relief.
(b) Exception
The President is not required to provide relief under this section if the President determines that provision of such relief—
(1) is not in the national economic interest of the United States; or
(2) would cause serious harm to the national security of the United States.
(c) Nature of relief
(1) In general
The relief the President is authorized to provide under this subsection is as follows:
(A)(i) With respect to a determination relating to an investigation under
(ii) With respect to a determination relating to an investigation under
(B) With respect to a determination relating to an investigation under section 4572(a)(2) or (3) of this title, the revocation or imposition of limitations on an existing grant of authority by the persons of Mexico that are the subject of the investigation.
(C) With respect to a determination relating to an investigation under
(2) Deadline for relief
Not later than 15 days after the date on which the President determines the relief to be provided under this subsection, the President shall direct the Secretary of Transportation to carry out the relief.
(d) Period of relief
(1) In general
Subject to paragraph (2), any relief that the President provides under this section may not be in effect for more than 2 years.
(2) Extension
(A) In general
Subject to subparagraph (C), the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which contains a determination that the President may treat as affirmative in accordance with
(B) Action by Commission
(i) Investigation
Upon request of the President, or upon the filing by an interested party described in subparagraph (A), (B), or (C) of
(ii) Notice and hearing
The Commission shall—
(I) publish notice of the commencement of an investigation under clause (i) in the Federal Register; and
(II) within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise be heard.
(iii) Report
Not later than the date that is 60 days before relief provided under subsection (a) is to terminate, or such other date as determined by the President, the Commission shall submit to the President a report on its investigation and determination under this subparagraph.
(C) Period of relief
Any relief provided under this section, including any extension thereof, may not, in the aggregate, be in effect for more than 6 years.
(D) Limitation
(i) In general
Except as provided in clause (ii), the Commission may not conduct an investigation under subparagraph (B)(i) if—
(I) the subject matter of the investigation is the same as the subject matter of a previous investigation conducted under subparagraph (B)(i); and
(II) less than 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation.
(ii) Exception
Clause (i) shall not apply with respect to an investigation if the Commission determines good cause exists to conduct the investigation.
(e) Regulations
The Commission and the Secretary of Transportation are authorized to promulgate such rules and regulations as may be necessary to carry out this part.
(
Editorial Notes
References in Text
This part, referred to in subsec. (e), was in the original "this subtitle", meaning subtitle C (§§321–327) of title III of
Executive Documents
Delegation of Functions
Proc. No. 10053, par. (13), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative, after consultation with the Secretary of Transportation, to exercise the authority of the President under this section.
SUBCHAPTER IV—ANTIDUMPING AND COUNTERVAILING DUTIES
Part A—Dispute Settlement
§4581. References in part
Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the USMCA.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
"(1)
"(A) to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (
"(B) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.
"(2)
"(A) to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (
"(B) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before the date on which the USMCA enters into force."
[For definition of "USMCA" as used in section 504(k) of
§4582. Organizational and administrative provisions
(a) Criteria for selection of individuals to serve on panels and committees
(1) In general
The selection of individuals under this section for—
(A) placement on lists prepared by the interagency group under subsection (c)(2)(B)(i) and (ii);
(B) placement on preliminary candidate lists under subsection (c)(3)(A);
(C) placement on final candidate lists under subsection (c)(4)(A);
(D) placement by the Trade Representative on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and
(E) appointment by the Trade Representative for service on the panels and committees convened under
shall be made on the basis of the criteria provided in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 and shall be made without regard to political affiliation.
(2) Additional criteria for roster placements and appointments
Rosters described in paragraph 1 of Annex 10–B.1 shall include, to the fullest extent practicable, judges and former judges who meet the criteria referred to in paragraph (1). The Trade Representative shall, subject to subsection (b), appoint judges to binational panels convened under
(b) Selection of certain judges to serve on panels and committees
(1) Applicability
This subsection applies only with respect to the selection of individuals for binational panels convened under
(2) Consultation with chief judges
The Trade Representative shall consult, from time to time, with the chief judges of the Federal judicial circuits regarding the interest in, and availability for, participation in binational panels, extraordinary challenge committees, and special committees, of judges within their respective circuits. If the chief judge of a Federal judicial circuit determines that it is appropriate for one or more judges within that circuit to be included on a roster described in subsection (a)(1)(D), the chief judge shall identify all such judges for the Chief Justice of the United States who may, upon his or her approval, submit the names of such judges to the Trade Representative. The Trade Representative shall include the names of such judges on the roster.
(3) Submission of lists to Congress
The Trade Representative shall submit to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives and to the Committee on Finance and the Committee on the Judiciary of the Senate a list of all judges included on a roster under paragraph (2). Such list shall be submitted at the same time as the final candidate lists are submitted under subsection (c)(4)(A) and the final forms of amendments are submitted under subsection (c)(4)(C)(iv).
(4) Appointment of judges to panels or committees
At such time as the Trade Representative proposes to appoint a judge described in paragraph (1) to a binational panel, an extraordinary challenge committee, or a special committee, the Trade Representative shall consult with that judge in order to ascertain whether the judge is available for such appointment.
(c) Selection of other candidates
(1) Applicability
This subsection applies only with respect to the selection of individuals for binational panels convened under
(2) Interagency group
(A) Establishment
There is established within the interagency organization established under
(i) be chaired by the Trade Representative; and
(ii) consist of such officers (or the designees thereof) of the United States Government as the Trade Representative considers appropriate.
(B) Functions
The interagency group established under subparagraph (A) shall, in a manner consistent with
(i) prepare by January 3 of each calendar year—
(I) a list of individuals who are qualified to serve as members of binational panels convened under
(II) a list of individuals who are qualified to serve on extraordinary challenge committees convened under
(ii) if the Trade Representative makes a request under paragraph (4)(C)(i) with respect to a final candidate list during any calendar year, prepare by July 1 of such calendar year a list of those individuals who are qualified to be added to that final candidate list;
(iii) exercise oversight of the administration of the United States Section that is authorized to be established under section 105; 1 and
(iv) make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees and special committees under
(3) Preliminary candidate lists
(A) In general
The Trade Representative shall select individuals from the respective lists prepared by the interagency group under paragraph (2)(B)(i) for placement on—
(i) a preliminary candidate list of individuals eligible to serve as members of binational panels under Annex 10–B.1; and
(ii) a preliminary candidate list of individuals eligible for selection as members of extraordinary challenge committees under Annex 10–B.3 and special committees under article 10.13.
(B) Submission of lists to Congressional Committees
(i) In general
No later than January 3 of each calendar year, the Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives (hereafter in this section referred to as the "appropriate Congressional Committees") the preliminary candidate lists of those individuals selected by the Trade Representative under subparagraph (A) to be candidates eligible to serve on panels or committees convened pursuant to
(ii) Additional information
At the time the candidate lists are submitted under clause (i), the Trade Representative shall submit for each individual on the list a statement of professional qualifications.
(C) Consultation
Upon submission of the preliminary candidate lists under subparagraph (B) to the appropriate Congressional Committees, the Trade Representative shall consult with such Committees with regard to the individuals included on the preliminary candidate lists.
(D) Revision of lists
The Trade Representative may add and delete individuals from the preliminary candidate lists submitted under subparagraph (B) after consultation with the appropriate Congressional Committees regarding the additions and deletions. The Trade Representative shall provide to the appropriate Congressional Committees written notice of any addition or deletion of an individual from the preliminary candidate lists, along with the information described in subparagraph (B)(ii) with respect to any proposed addition.
(4) Final candidate lists
(A) Submission of lists to Congressional Committees
No later than March 31 of each calendar year, the Trade Representative shall submit to the appropriate Congressional Committees the final candidate lists of those individuals selected by the Trade Representative to be candidates eligible to serve on panels and committees convened under
(B) Finality of lists
Except as provided in subparagraph (C), no additions may be made to the final candidate lists after the final candidate lists are submitted to the appropriate Congressional Committees under subparagraph (A).
(C) Amendment of lists
(i) In general
If, after the Trade Representative has submitted the final candidate lists to the appropriate Congressional Committees under subparagraph (A) for a calendar year and before July 1 of such calendar year, the Trade Representative determines that additional individuals need to be added to a final candidate list, the Trade Representative shall—
(I) request the interagency group established under paragraph (2)(A) to prepare a list of individuals who are qualified to be added to such candidate list;
(II) select individuals from the list prepared by the interagency group under paragraph (2)(B)(ii) to be included in a proposed amendment to such final candidate list; and
(III) by no later than July 1 of such calendar year, submit to the appropriate Congressional Committees the proposed amendments to such final candidate list developed by the Trade Representative under subclause (II), along with the information described in paragraph (3)(B)(ii).
(ii) Consultation with Congressional Committees
Upon submission of a proposed amendment under clause (i)(III) to the appropriate Congressional Committees, the Trade Representative shall consult with the appropriate Congressional Committees with regard to the individuals included in the proposed amendment.
(iii) Adjustment of proposed amendment
The Trade Representative may add and delete individuals from any proposed amendment submitted under clause (i)(III) after consulting with the appropriate Congressional Committees with regard to the additions and deletions. The Trade Representative shall provide to the appropriate Congressional Committees written notice of any addition or deletion of an individual from the proposed amendment.
(iv) Final amendment
(I) In general
If the Trade Representative submits under clause (i)(III) in any calendar year a proposed amendment to a final candidate list, the Trade Representative shall, no later than September 30 of such calendar year, submit to the appropriate Congressional Committees the final form of such amendment. On October 1 of such calendar year, such amendment shall take effect and, subject to subclause (II), the individuals included in the final form of such amendment shall be added to the final candidate list.
(II) Inclusion of individuals
An individual may be included in the final form of an amendment submitted under subclause (I) only if such individual was included in the proposed form of such amendment or if written notice of the addition of such individual to the proposed form of such amendment was submitted to the appropriate Congressional Committees at least 15 days before the date on which the final form of such amendment is submitted to such Committees under subclause (I).
(III) Eligibility for service
Individuals added to a final candidate list under subclause (I) shall be eligible to serve on panels or committees convened under
(IV) Finality of amendment
No additions may be made to the final form of an amendment described in subclause (I) after the final form of such amendment is submitted to the appropriate Congressional Committees under subclause (I).
(5) Treatment of responses
For purposes of applying
(d) Selection and appointment
(1) Authority of Trade Representative
The Trade Representative is the only officer of the United States Government authorized to act on behalf of the United States Government in making any selection or appointment of an individual to—
(A) the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or
(B) the panels or committees convened under
that is to be made solely or jointly by the United States Government under the terms of the Agreement.
(2) Restrictions on selection and appointment
Except as provided in paragraph (3)—
(A) the Trade Representative may—
(i) select an individual for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during the 1-year period beginning on April 1 of any calendar year;
(ii) appoint an individual to serve as one of those members of any panel or committee convened under
(iii) act to make a joint appointment with the Government of a USMCA country, under the terms of the Agreement, of any individual who is a citizen or national of the United States to serve as any other member of such a panel or committee;
only if such individual is on the appropriate final candidate list that was submitted to the appropriate Congressional Committees under subsection (c)(4)(A) during such calendar year or on such list as it may be amended under subsection (c)(4)(C)(iv)(I), or on the list submitted under subsection (b)(3) to the Congressional Committees referred to in such subsection; and
(B) no individual may—
(i) be selected by the United States Government for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or
(ii) be appointed solely or jointly by the United States Government to serve as a member of a panel or committee convened under
during the 1-year period beginning on April 1 of any calendar year for which the Trade Representative has not met the requirements of subsection (a), and of subsection (b) or (c) (as the case may be).
(3) Exceptions
Notwithstanding subsection (c)(3) (other than subparagraph (B)), subsection (c)(4), or paragraph (2)(A) of this subsection, individuals included on the preliminary candidate lists submitted to the appropriate Congressional Committees under subsection (c)(3)(B) may—
(A) be selected by the Trade Representative for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during the 3-month period beginning on the date on which the Agreement enters into force with respect to the United States; and
(B) be appointed solely or jointly by the Trade Representative under the terms of the Agreement to serve as members of panels or committees that are convened under
(e) Transition
If the USMCA enters into force after January 3, 2020, the provisions of subsection (c) shall be applied with respect to the calendar year in which such entering into force occurs—
(1) by substituting "the date that is 30 days after the date on which the Agreement enters into force with respect to the United States" for "January 3 of each calendar year" in subsections (c)(2)(B)(i) and (c)(3)(B)(i); and
(2) by substituting "the date that is 3 months after the date on which the Agreement enters into force with respect to the United States" for "March 31 of each calendar year" in subsection (c)(4)(A).
(f) Immunity
With the exception of acts described in section 777(f)(3) of the Tariff Act of 1930 (
(g) Regulations
The administering authority under title VII of the Tariff Act of 1930 [
(h) Report to Congress
At such time as the final candidate lists are submitted under subsection (c)(4)(A) and the final forms of amendments are submitted under subsection (c)(4)(C)(iv), the Trade Representative shall submit to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives, and to the Committee on Finance and the Committee on the Judiciary of the Senate, a report regarding the efforts made to secure the participation of judges and former judges on binational panels, extraordinary challenge committees, and special committees established under
(
Editorial Notes
References in Text
Section 105, referred to in subsec. (c)(2)(B)(3), is section 105 of
The Tariff Act of 1930, referred to in subsec. (g), is act June 17, 1930, ch. 497,
Codification
Section was formerly classified to
Amendments
2020—Subsec. (a)(1).
Subsec. (a)(1)(D).
Subsec. (a)(1)(E).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (c)(1).
Subsec. (c)(2)(B).
Subsec. (c)(3)(A)(i).
Subsec. (c)(3)(A)(ii).
Subsec. (c)(3)(B)(i).
Subsec. (c)(4)(A).
Subsec. (c)(4)(C)(iv)(III).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(2)(A)(i).
Subsec. (d)(2)(A)(ii).
Subsec. (d)(2)(A)(iii).
Subsec. (d)(2)(B)(i).
Subsec. (d)(2)(B)(ii).
Subsec. (d)(3)(A).
Subsec. (d)(3)(B).
Subsec. (e).
Subsecs. (f) to (h).
1996—Subsec. (d)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
1 See References in Text note below.
§4583. Testimony and production of papers in extraordinary challenges
(a) Authority of extraordinary challenge committee to obtain information
If an extraordinary challenge committee (hereafter in this section referred to as the "committee") is convened under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee—
(1) shall have access to, and the right to copy, any document, paper, or record pertinent to the subject matter under consideration, in the possession of any individual, partnership, corporation, association, organization, or other entity;
(2) may summon witnesses, take testimony, and administer oaths;
(3) may require any individual, partnership, corporation, association, organization, or other entity to produce documents, books, or records relating to the matter in question; and
(4) may require any individual, partnership, corporation, association, organization, or other entity to furnish in writing, in such detail and in such form as the committee may prescribe, information in its possession pertaining to the matter.
Any member of the committee may sign subpoenas, and members of the committee, when authorized by the committee, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence.
(b) Witnesses and evidence
The attendance of witnesses who are authorized to be summoned, and the production of documentary evidence authorized to be ordered, under subsection (a) may be required from any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena authorized under subsection (a), the committee may request the Attorney General of the United States to invoke the aid of any district or territorial court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Such court, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any individual, partnership, corporation, association, organization, or other entity, issue an order requiring such individual or entity to appear before the committee, or to produce documentary evidence if so ordered or to give evidence concerning the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(c) Mandamus
Any court referred to in subsection (b) shall have jurisdiction to issue writs of mandamus commanding compliance with the provisions of this section or any order of the committee made in pursuance thereof.
(d) Depositions
The committee may order testimony to be taken by deposition at any stage of the committee review. Such deposition may be taken before any person designated by the committee and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under the direction of such person, and shall then be subscribed by the deponent. Any individual, partnership, corporation, association, organization, or other entity may be compelled to appear and be deposed and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the committee, as provided in this section.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2020—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
§4584. Requests for review of determinations by competent investigating authorities
(a) Definitions
As used in this section:
(1) Competent investigating authority
The term "competent investigating authority" means the competent investigating authority, as defined in article 10.8, of a USMCA country.
(2) United States Secretary
The term "United States Secretary" means that officer of the United States referred to in article 10.16.
(b) Requests for review by United States
In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 10.12 shall be made by the United States Secretary.
(c) Requests for review by person
In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 10.12, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 10.12. The receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 10.12. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review.
(d) Service of request for review
Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2020—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
§4585. Rules of procedure for panels and committees
(a) Rules of procedure for binational panels
The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews—
(1) requests for such reviews, complaints, other pleadings, and other papers;
(2) the amendment, filing, and service of such pleadings and papers;
(3) the joinder, suspension, and termination of such reviews; and
(4) other appropriate procedural matters.
(b) Rules of procedure for extraordinary challenge committees
The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for reviews by extraordinary challenge committees.
(c) Rules of procedure for safeguarding panel review system
The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special committees described in such Annex.
(d) Publication of rules
The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register.
(e) Administering authority
As used in this section, the term "administering authority" has the meaning given such term in
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2020—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
§4586. Subsidy negotiations
In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include—
(1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—
(A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential rates;
(C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture, production, or distribution;
(2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
(3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
§4587. Identification of industries facing subsidized imports
(a) Petitions
Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe—
(1) that—
(A) as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or
(B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and
(2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned;
may file with the Trade Representative a petition that such industry be identified under this section.
(b) Identification of industry
Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the deterioration described in subsection (a)(2).
(c) Action after identification
At the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall—
(1) compile and make available to the industry information under
(2) recommend to the President that an investigation by the International Trade Commission be requested under section 332 of the Tariff Act of 1930 [
(3) take actions described in both paragraphs (1) and (2).
The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under paragraph (1) or (2), or both, as the case may be, until an agreement on more effective rules and disciplines relating to government subsidies is reached between the United States and the USMCA countries.
(d) Initiation of action under other law
(1) In general
The Trade Representative and the Secretary of Commerce shall review information obtained under subsection (c) and consult with the industry identified under subsection (b) with a view to deciding whether any action is appropriate—
(A) under
(B) under subtitle A of title VII of the Tariff Act of 1930 [
(2) Criteria for initiation
In determining whether to initiate any investigation under
(A) shall seek the advice of the advisory committees established under
(B) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives;
(C) shall coordinate with the interagency organization established under
(D) may ask the President to request advice from the International Trade Commission.
(3) Title III actions
In the event an investigation is initiated under
(e) Effect of decisions
Any decision, whether positive or negative, or any action by the Trade Representative or the Secretary of Commerce under this section shall not in any way—
(1) prejudice the right of any industry to file a petition under any trade law;
(2) prejudice, affect, or substitute for, any proceeding, investigation, determination, or action by the Secretary of Commerce, the International Trade Commission, or the Trade Representative pursuant to such a petition; or
(3) prejudice, affect, substitute for, or obviate any proceeding, investigation, or determination under
(f) Standing
Nothing in this section may be construed to alter in any manner the requirements in effect before January 29, 2020, for standing under any law of the United States or to add any additional requirements for standing under any law of the United States.
(
Editorial Notes
References in Text
The Tariff Act of 1930, referred to in subsecs. (d)(1)(B), (2) and (e)(3), is act June 17, 1930, ch. 497,
Codification
Section was formerly classified to
Amendments
2020—Subsec. (a)(1)(A).
Subsec. (c).
Subsec. (d)(3).
1996—Subsec. (e)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
§4588. Treatment of amendments to antidumping and countervailing duty law
Any amendment enacted after the USMCA that is made to—
(1) section 303 1 or title VII of the Tariff Act of 1930 [
(2) any other statute which—
(A) provides for judicial review of final determinations under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a USMCA country only to the extent specified in the amendment.
(
Editorial Notes
References in Text
The Tariff Act of 1930, referred to in par. (1), is act June 17, 1930, ch. 497,
Codification
Section was formerly classified to
Amendments
2020—
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by
Application of Amendments by Public Law 114–27 to Goods From Canada and Mexico
Application of Amendments by Public Law 103–465 to Goods From Canada and Mexico
1 See References in Text note below.
Part B—General Provisions
§4601. Effect of termination of USMCA country status
(a) In general
Except as provided in subsection (b), on the date on which a country ceases to be a USMCA country, the provisions of this title 1 (other than this section) and the amendments made by this title 1 shall cease to have effect with respect to that country.
(b) Transition provisions
(1) Proceedings regarding protective orders and undertakings
If on the date on which a country ceases to be a USMCA country an investigation or enforcement proceeding concerning the violation of a protective order issued under
(2) Binational panel and extraordinary challenge committee reviews
If on the date on which a country ceases to be a USMCA country—
(A) a binational panel review under article 10.12 of the USMCA is pending, or has been requested, or
(B) an extraordinary challenge committee review under that article is pending, or has been requested,
with respect to a determination which involves a class or kind of merchandise and to which subsection (g)(2) of
(
Editorial Notes
References in Text
This title, referred to in subsecs. (a) and (b)(1), means title IV of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under
1 See References in Text note below.
2 So in original. Probably should be preceded by "section".
SUBCHAPTER V—TRANSITION TO AND EXTENSION OF USMCA
Part A—Joint Reviews Regarding Extension of USMCA
§4611. Participation in joint reviews with Canada and Mexico regarding extension of the term of the USMCA and other action regarding the USMCA
(a) In general
Pursuant to the requirements of this section, the President shall consult with the appropriate congressional committees and stakeholders before each joint review, including consultation with respect to—
(1) any recommendation for action to be proposed at the review; and
(2) the decision whether or not to confirm that the United States wishes to extend the USMCA.
(b) Consultations with Congress and stakeholders
(1) Publication and public hearing
At least 270 days before a joint review commences, the Trade Representative shall publish in the Federal Register a notice regarding the joint review and shall, as soon as possible following such publication, provide opportunity for the presentation of views relating to the operation of the USMCA, including a public hearing.
(2) Report to Congress
At least 180 days before a 6-year joint review under article 34.7 of the USMCA commences, the Trade Representative shall report to the appropriate congressional committees regarding—
(A) the assessment of the Trade Representative with respect to the operation of the USMCA;
(B) the precise recommendation for action to be proposed at the review and the position of the United States with respect to whether to extend the term of the USMCA;
(C) what, if any, prior efforts have been made to resolve any concern that underlies that recommendation or position; and
(D) the views of the advisory committees established under
(c) Subsequent action to address lack of agreement on term extension
(1) In general
If, as part of a joint review, any USMCA country does not confirm that the country wishes to extend the term of the USMCA under article 34.7.3 of the USMCA, at least 70 days before any subsequent annual joint review meeting conducted as required under article 34.7 of the USMCA, the Trade Representative shall report to the appropriate congressional committees regarding—
(A) any reason offered by a USMCA country regarding why the country is unable to agree to extend the term of the USMCA;
(B) the progress that has been made in efforts to achieve resolution of the concerns of that country;
(C) any proposed action that the Trade Representative intends to raise during the meeting; and
(D) the views of the advisory committees established under
(2) Additional information
The Trade Representative shall also provide detailed and timely information in response to any questions posed by the appropriate congressional committees with respect to any meeting described in paragraph (1), including by submitting to those committees copies of any proposed text that the Trade Representative plans to submit to the other parties to the meeting.
(d) Congressional engagement after joint review
(1) In general
Not later than 20 days after the USMCA countries have met for a joint review, the Trade Representative shall brief the appropriate congressional committees regarding the positions expressed by the countries during the joint review and what, if any, actions were agreed to by the countries.
(2) Continued engagement
After a joint review, the Trade Representative shall keep the appropriate congressional committees timely apprised of any developments arising out of or related to the review.
(e) Definitions
In this section:
(1) Joint review
The term "joint review" means a review conducted under the process provided for in article 34.7 of the USMCA relating to extension of the term of the USMCA.
(2) USMCA country
The term "USMCA country" has the meaning given that term in
(
Executive Documents
Delegation of Functions
Proc. No. 10053, par. (14), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to exercise the function assigned to the President under subsec. (a) of this section to consult with the appropriate congressional committees and stakeholders regarding joint reviews under article 34.7 of the USMCA.
Part B—Termination of USMCA
§4621. Termination of USMCA
(a) Termination of USMCA country status
During any period in which a country ceases to be a USMCA country, this Act (other than this subsection and title IX) and the amendments made by this Act shall cease to have effect with respect to that country.
(b) Termination of USMCA
On the date on which the USMCA ceases to be in force with respect to the United States, this Act and the amendments made by this Act (other than this subsection and title IX) shall cease to have effect.
(
Editorial Notes
References in Text
This Act, referred to in text, is
SUBCHAPTER VI—LABOR MONITORING AND ENFORCEMENT
§4631. Definitions
In this subchapter:
(1) Labor attaché
The term "labor attaché" means an individual hired under part B.
(2) Labor obligations
The term "labor obligations" means the obligations under
(3) Mexico's labor reform
The term "Mexico's labor reform" means the legislation on labor reform enacted by Mexico on May 1, 2019.
(
Part A—Interagency Labor Committee for Monitoring and Enforcement
§4641. Interagency Labor Committee for Monitoring and Enforcement
(a) Establishment
Not later than 90 days after January 29, 2020, the President shall establish an Interagency Labor Committee for Monitoring and Enforcement (in this subchapter referred to as the "Interagency Labor Committee"), to coordinate United States efforts with respect to each USMCA country—
(1) to monitor the implementation and maintenance of the labor obligations;
(2) to monitor the implementation and maintenance of Mexico's labor reform; and
(3) to request enforcement actions with respect to a USMCA country that is not in compliance with such labor obligations.
(b) Membership
The Interagency Labor Committee shall—
(1) be co-chaired by the Trade Representative and the Secretary of Labor; and
(2) include representatives of such other Federal departments or agencies with relevant expertise as the President determines appropriate.
(c) Meetings
The Interagency Labor Committee shall meet at least once every 90 days during the 5-year period beginning on January 29, 2020, and at least once every 180 days thereafter for 5 years.
(d) Information sharing
Notwithstanding any other provision of law, the members of the Interagency Labor Committee may exchange information for purposes of carrying out this subchapter.
(
Executive Documents
Ex. Ord. No. 13918. Establishment of the Interagency Labor Committee for Monitoring and Enforcement Under Section 711 of the United States-Mexico-Canada Agreement Implementation Act
Ex. Ord. No. 13918, Apr. 28, 2020, 85 F.R. 26315, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§4642. Duties
The duties of the Interagency Labor Committee shall include the following:
(1) Coordinating the activities of departments and agencies of the Committee in monitoring implementation of and compliance with labor obligations, including by—
(A) requesting and reviewing relevant information from the governments of USMCA countries and from the public;
(B) coordinating visits to Mexico as necessary to assess implementation of Mexico's labor reform and compliance with the labor obligations of Mexico;
(C) receiving and reviewing quarterly assessments from the labor attachés with respect to the implementation of and compliance with Mexico's labor reform; and
(D) coordinating with the Secretary of Treasury with respect to support relating to labor issues provided to Mexico by the Inter-American Development Bank.
(2) Establishing an ongoing dialogue with appropriate officials of the Government of Mexico regarding the implementation of Mexico's labor reform and compliance with its labor obligations.
(3) Coordinating with other institutions and governments with respect to support relating to labor issues, such as the International Labour Organization and the Government of Canada.
(4) Identifying priority issues for capacity-building activities in Mexico to be funded by the United States, drawing primarily on the expertise of the Department of Labor.
(5) Meeting, at least biannually during the 5-year period beginning on January 29, 2020, and at least annually for 5 years thereafter, with the Labor Advisory Committee for Trade Negotiations and Trade Policy established under
(A) the implementation of Mexico's labor reform;
(B) labor capacity-building activities in Mexico funded by the United States;
(C) labor monitoring efforts;
(D) labor enforcement priorities; and
(E) other relevant issues.
(6) Based on the assessments required by
(7) Based on reports provided by the Forced Labor Enforcement Task Force under
(8) Reviewing reports submitted by the labor experts appointed in accordance with Annex 31–A of the USMCA, with respect to the functioning of that Annex.
(9) Reviewing reports submitted by the Independent Mexico Labor Expert Board under
(
§4643. Enforcement priorities
The Interagency Labor Committee shall—
(1) review the list of priority sectors under Annex 31–A of the USMCA and suggest to USTR additional sectors for review by the USMCA countries as appropriate;
(2) establish and annually update a list of priority subsectors within such priority sectors to be the focus of the enforcement efforts of the Committee, the first of which shall consist of—
(A) auto assembly;
(B) auto parts;
(C) aerospace;
(D) industrial bakeries;
(E) electronics;
(F) call centers;
(G) mining; and
(H) steel and aluminum; and
(3) review priority facilities within such priority subsectors for monitoring and enforcement.
(
§4644. Assessments
(a) Ongoing assessments
For the 10-year period beginning on January 29, 2020, except as provided in subsection (b), the Interagency Labor Committee shall assess on a biannual basis the extent to which Mexico is in compliance with its obligations under Annex 23–A of the USMCA.
(b) Consultation relating to annual assessment
On or after the date that is 5 years after January 29, 2020, the Interagency Labor Committee may consult with the appropriate congressional committees with respect to the frequency of the assessment required under subsection (a) and, with the approval of both such committees, may conduct such assessment on an annual basis for the following 5 years.
(c) Matters to be included
The assessment required under subsection (a) shall also include each of the following:
(1) Whether Mexico is providing adequate funding to implement and enforce Mexico's labor reform, including specifically whether Mexico has provided funding consistent with commitments made to contribute the following amounts for the labor reform implementation budget:
(A) $176,000,000 for 2021.
(B) $325,000,000 for 2022.
(C) $328,000,000 for 2023.
(2) The extent to which any legal challenges to Mexico's labor reform have succeeded in that court system.
(3) The extent to which Mexico has implemented the federal and state labor courts, registration entity, and federal and state conciliation centers consistent with the timeline set forth for Mexico's labor reform, in the September 2019 policy statements by the Government of Mexico on a national strategy for implementation of the labor justice system, and in subsequent policy statements in accordance with Mexico's labor reform.
(
§4645. Recommendation for enforcement action
(a) Recommendation to initiate
If the Interagency Labor Committee determines, pursuant to an assessment under
(1) article 23.13 or 23.17 of the USMCA (relating to cooperative labor dialogue and labor consultations);
(2) articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations); or
(3) Annex 31–A of the USMCA (relating to the rapid response labor mechanism).
(b) Trade Representative determinations
Not later than 60 days after the date on which the Trade Representative receives a recommendation pursuant to subsection (a), the Trade Representative shall—
(1) determine whether to initiate an enforcement action; and
(2) if such determination is negative, submit to the appropriate congressional committees a report on the reasons for such negative determination.
(
§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 of a USMCA country.
(b) Facility-specific petitions
With respect to information submitted in accordance with the procedures established under subsection (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:
(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), the Committee shall certify such determination to the appropriate congressional committees and the petitioner.
(3) If the Committee reaches an affirmative determination under paragraph (1), the Trade Representative 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 of the submission of such request.
(4) Not later than 60 days after the date of an affirmative determination under paragraph (1), the Trade Representative 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 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) accompanying a petition relating to any other violation of the labor obligations of a USMCA country:
(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), 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 is in violation of its labor obligations, for purposes of initiating enforcement action under
(3) If the Committee reaches an affirmative determination under paragraph (2), the Trade Representative shall—
(A) not later than 60 days after the date of the determination of the Committee, initiate appropriate enforcement action under such
(B) submit to the appropriate congressional committees a notification including the reasons for which action was not initiated within such 60-day period.
(
§4647. Hotline
The Interagency Labor Committee shall establish a web-based hotline, monitored by the Department of Labor, to receive confidential information regarding labor issues among USMCA countries directly from interested parties, including Mexican workers.
(
§4648. Reports
(a) In general
Not later than 180 days after January 29, 2020, and every 180 days thereafter for 10 years except as provided in subsection (b), the Interagency Labor Committee shall submit to the appropriate congressional committees a report that includes—
(1) a description of Committee staffing and capacity building activities with Mexico;
(2) information regarding the budget resources for Mexico's labor reform and the deadlines in the September 2019 policy statements by the Government of Mexico on a national strategy for implementation of the labor justice system and in subsequent policy statements in accordance with Mexico's labor reform;
(3) a summary of petitions filed in accordance with
(4) the results of the most recent assessment conducted under
(5) if, with respect to any report of the Independent Mexico Labor Expert Board submitted under
(b) Consultation relating to annual assessment
On or after the date that is 5 years after January 29, 2020, the Trade Representative and the Secretary of Labor may consult with the appropriate congressional committees with respect to the frequency of the reports required under subsection (a) and, with the approval of both such committees, may submit such report on an annual basis for the following 5 years.
(c) Five-year assessment
Not later than the date that is 5 years after the date of the establishment of the Interagency Labor Committee pursuant to
(1) a comprehensive assessment of the implementation of Mexico's labor reform, including with respect to—
(A) whether Mexico has reviewed and legitimized all existing collective bargaining agreements in Mexico;
(B) whether Mexico has addressed the pre-existing legal or administrative labor disputes;
(C) whether Mexico has established the Federal Center for Conciliation and Labor Registration, and an assessment of that Center's operation;
(D) whether Mexico has established the federal labor courts, and an assessment of their operation; and
(E) whether Mexico has established the state conciliation centers and labor courts in all states and an assessment of their operation; and
(2) a strategic plan and recommendations for actions to address areas of concern relating to the implementation of Mexico's labor reform, for purposes of the joint review conducted pursuant to article 34.7 of the USMCA on the sixth anniversary of the entry into force of the USMCA.
(
§4649. Consultations on appointment and funding of rapid response labor panelists
(a) In general
The Interagency Labor Committee shall consult with the Labor Advisory Committee established under
(b) Funding
The United States, in consultation with Mexico, shall provide adequate funding for rapid response labor panelists to carry out the responsibilities under the USMCA promptly and fully.
(
Part B—Mexico Labor Attaches
§4661. Establishment
The Secretary of Labor shall—
(1) hire and fix the compensation of up to 5 additional full-time officers or employees of the Department of Labor; and
(2) detail or assign such officers or employees to the United States Embassy or a United States Consulate in Mexico to carry out the duties described in
(
§4662. Duties
The duties described in this section are the following:
(1) Assisting the Interagency Labor Committee to monitor and enforce the labor obligations of Mexico.
(2) Submitting to the Interagency Labor Committee on a quarterly basis reports on the efforts undertaken by Mexico to comply with its labor obligations.
(
§4663. Status
Any officer or employee, while detailed or assigned under this part, shall be considered, for the purpose of preserving their allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and shall continue to receive compensation, allowances, and benefits from program funds appropriated to that agency or made available to that agency for purposes related to the activities of the detail or assignment, in accordance with authorities related to their employment status and agency policies.
(
Part C—Independent Mexico Labor Expert Board
§4671. Establishment
There is hereby established a board, to be known as the "Independent Mexico Labor Expert Board", to be responsible for monitoring and evaluating the implementation of Mexico's labor reform and compliance with its labor obligations. The Board shall also advise the Interagency Labor Committee with respect to capacity-building activities needed to support such implementation and compliance.
(
§4672. Membership; term
(a) Membership
The Board shall be composed of 12 members who shall be appointed as follows:
(1) Four members to be appointed by the Labor Advisory Committee established under
(2) Two members appointed by the Speaker of the House of Representatives, in consultation with the Chair of the Committee on Ways and Means of the House of Representatives.
(3) Two members appointed by the president pro tempore of the Senate from among individuals recommended by the majority leader of the Senate and in consultation with the Chair of the Committee on Finance of the Senate.
(4) Two members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Ways and Means of the House of Representatives.
(5) Two members appointed by the President pro tempore of the Senate from among individuals recommended by the minority leader of the Senate and in consultation with the Ranking Member of the Committee on Finance of the Senate.
(b) Term
Except as provided in subsection (c), members of the Board shall serve for a term of 6 years.
(c) Extension of term
If the Board determines, at the end of the 6-year period beginning on the date of the appointment of the last member appointed in accordance with subsection (a), that Mexico is not fully in compliance with its labor obligations, a majority of the members of the Board may determine to extend its term for 4 additional years. A new Board shall be appointed in accordance with subsection (a) and shall serve for a single term of 4 years.
(
§4673. Funding
The United States shall provide necessary funding to support the work of the Board, including with respect to translation services and personnel support.
(
§4674. Reports
For the 6-year period beginning on January 29, 2020, and for an additional 4 years if the term of the Board is extended in accordance with
(1) contains an assessment of—
(A) the efforts of Mexico to implement Mexico's labor reform; and
(B) the manner and extent to which labor laws are generally enforced in Mexico; and
(2) may include a determination that Mexico is not in compliance with its labor obligations.
(
1 So in original. Probably should be followed by "the".
Part D—Forced Labor
§4681. Forced Labor Enforcement Task Force
(a) Establishment
Not later than 90 days after January 29, 2020, the President shall establish a Forced Labor Enforcement Task Force to monitor United States enforcement of the prohibition under
(b) Members; meetings
(1) Members
The Task Force shall be chaired by the Secretary of Homeland Security and shall be comprised of representatives from such other agencies with relevant expertise, including the Office of the United States Trade Representative and the Department of Labor, as the President determines appropriate.
(2) Meetings
The Task Force shall meet on a quarterly basis regarding active Withhold and Release Orders, ongoing investigations, petitions received, and enforcement priorities, and other relevant issues with respect to enforcing the prohibition under
(
Editorial Notes
References in Text
Executive Documents
Ex. Ord. No. 13923. Establishment of the Forced Labor Enforcement Task Force Under Section 741 of the United States-Mexico-Canada Agreement Implementation Act
Ex. Ord. No. 13923, May 15, 2020, 85 F.R. 30587, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(i) the authority granted by law to an executive department or agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§4682. Timeline required
(a) In general
Not later than 90 days after the establishment of the Forced Labor Enforcement Task Force pursuant to
(b) Consultation required
In establishing the timelines during such 90-day period, the Task Force shall consult with the appropriate congressional committees.
(c) Report
The Task Force shall timely submit to the appropriate congressional committees a report that contains the timelines established pursuant to subsection (a) and shall make such report publicly available.
(
§4683. Reports required
The Forced Labor Enforcement Task Force shall submit to 1 appropriate congressional committees a biannual report that includes the following:
(1) The enforcement activities and priorities of the Department of Homeland Security with respect to enforcing the prohibition under
(2) The number of instances in which merchandise was denied entry pursuant to such prohibition during the preceding 180-day period.
(3) A description of the merchandise so denied entry.
(4) An enforcement plan regarding goods included in the most recent "Findings on the Worst Forms of Child Labor" report submitted in accordance with
(5) Such other information as the Forced Labor Enforcement Task Force considers appropriate with respect to monitoring and enforcing compliance with
(
1 So in original. Probably should be followed by "the".
§4684. Duties related to Mexico
The Task Force shall—
(1) develop, in consultation with the appropriate congressional committees, an enforcement plan regarding goods produced by or with forced labor in Mexico; and
(2) report to the Interagency Labor Committee with respect to any concerns relating to the enforcement of the prohibition under
(
Editorial Notes
References in Text
Part E—Enforcement Under Rapid Response Labor Mechanism
§4691. Transmission of reports
Each report issued by a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA shall be immediately submitted to the appropriate congressional committees, the Labor Advisory Committee established under
(
§4692. Suspension of liquidation
(a) In general
If the United States files a request pursuant to article 31–A.4.2 of Annex 31–A of the USMCA, the Trade Representative may direct the Secretary of the Treasury to suspend liquidation for unliquidated entries of goods from such covered facility until such time as the Trade Representative notifies the Secretary that a condition described in subsection (b) has been met.
(b) Resumption of liquidation
The conditions described in this subsection are the following:
(1) The rapid response labor panel has determined that there is no denial of rights at the covered facility within the meaning of such terms under Annex 31–A of the USMCA.
(2) A course of remediation for denial of rights has been agreed to and has been completed in accordance with the agreed-upon time.
(3) The denial of rights has been otherwise remedied.
(
§4693. Final remedies
(a) In general
If a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA determines with respect to a case that there has been a denial of rights within the meaning of such Annex, the Trade Representative may, in consultation with the appropriate congressional committees—
(1) direct the Secretary of the Treasury, until the date of the notification described in subsection (b) and in accordance with Annex 31–A of the USMCA—
(A) to—
(i) deny entry to goods, produced wholly or in part, from any covered facility involved in such case; or
(ii) allow for the release of goods, produced wholly or in part, from such covered facilities only upon payment of duties and any penalty; and
(B) to apply any duties or penalties to customs entries for which liquidation was suspended pursuant to
(2) apply other remedies that are appropriate and available under Annex 31–A of the USMCA, until the denial of rights with respect to the case has been remedied.
(b) Remediation notification
The Trade Representative shall promptly notify the Secretary when the denial of rights with respect to a case described in subsection (a) has been remedied.
(
SUBCHAPTER VII—ENVIRONMENT MONITORING AND ENFORCEMENT
§4701. Definitions
In this subchapter:
(1) Environmental law
The term "environmental law" has the meaning given the term in article 24.1 of the USMCA.
(2) Environmental obligations
The term "environmental obligations" means obligations relating to the environment under—
(A)
(B)
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title VIII of
Part A—Interagency Environment Committee for Monitoring and Enforcement
§4711. Establishment
(a) In general
Not later than 30 days after January 29, 2020, the President shall establish an Interagency Environment Committee for Monitoring and Enforcement (in this subchapter referred to as the "Interagency Environment Committee")—
(1) to coordinate United States efforts to monitor and enforce environmental obligations generally; and
(2) with respect to the USMCA countries—
(A) to carry out an assessment of their environmental laws and policies;
(B) to carry out monitoring actions with respect to the implementation and maintenance of their environmental obligations; and
(C) to request enforcement actions with respect to USMCA countries that are not in compliance with their environmental obligations.
(b) Membership
The members of the Interagency Environment Committee shall be the following:
(1) The Trade Representative, who shall serve as chairperson.
(2) Representatives from each of the following:
(A) The National Oceanic Atmospheric 1 Administration.
(B) The U.S. Fish and Wildlife Service.
(C) The U.S. Forest Service.
(D) The Environmental Protection Agency.
(E) The Animal and Plant Health Inspection Service.
(F) U.S. Customs and Border Protection.
(G) The Department of State.
(H) The Department of Justice.
(I) The Department of the Treasury.
(J) The United States Agency for International Development.
(3) Representatives from other Federal agencies, as the President determines to be appropriate.
(c) Information sharing
Notwithstanding any other provision of law, the members of the Interagency Environment Committee may exchange information for purposes of carrying out this part.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title VIII of
Executive Documents
Ex. Ord. No. 13907. Establishment of the Interagency Environment Committee for Monitoring and Enforcement Under Section 811 of the United States-Mexico-Canada Agreement Implementation Act
Ex. Ord. No. 13907, Feb. 28, 2020, 85 F.R. 12977, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
1 So in original. Probably should be preceded by "and".
§4712. Assessment
(a) In general
The Interagency Environment Committee shall carry out an assessment of the environmental laws and policies of the USMCA countries—
(1) to determine if such laws and policies are sufficient to implement their environmental obligations; and
(2) to identify any gaps between such laws and policies and their environmental obligations.
(b) Matters to be included
The assessment required by subsection (a) shall identify the environmental laws and policies of the USMCA countries with respect to which enhanced cooperation, including the provision of technical assistance and capacity building assistance, monitoring actions, and enforcement actions, if appropriate, should be carried out on an enhanced and continuing basis.
(c) Report
Not later than 90 days after the date on which the Interagency Environment Committee is established, or the date on which the USMCA enters into force, whichever occurs earlier, the Interagency Environment Committee shall submit a report that contains the assessment required by subsection (a) to—
(1) the appropriate congressional committees; and
(2) the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under
(d) Update
The Interagency Environment Committee shall—
(1) update the assessment required by subsection (a) at the appropriate time prior to submission of the report required by
(2) submit the updated assessment to the Trade Representative for inclusion in such fifth annual report.
(e) Consultation
The Interagency Environment Committee shall consult on a regular basis with the USMCA countries—
(1) in carrying out the assessment required by subsection (a) and the update to the assessment required by subsection (d); and
(2) in preparing the report required by subsection (c).
(
§4713. Monitoring actions
(a) In general
The Interagency Environment Committee shall carry out monitoring actions, which shall include the monitoring actions described in subsections (b), (c), and (d), with respect to the implementation and maintenance of the environmental obligations of the USMCA countries.
(b) Review of CEC Secretariat submissions
(1) In general
Not later than 30 days after the date on which the Secretariat of the Commission for Environmental Cooperation prepares a factual record under article 24.28 of the USMCA relating to a submission filed under article 24.27 of the USMCA with respect to a USMCA country, the Interagency Environment Committee—
(A) shall review the factual record; and
(B) may, based on findings of the review under subparagraph (A) that the USMCA country is not in compliance with its environmental obligations, request enforcement actions under
(2) Written justification
If the Interagency Environment Committee finds that a USMCA country is not in compliance with its environmental obligations under paragraph (1)(B) and determines not to request enforcement actions under
(c) Review of reports of United States environment attachés to Mexico
The Interagency Environment Committee shall—
(1) review each report submitted to the Committee under
(2) based on the findings of each such report, assess the efforts of Mexico to comply with its environmental obligations.
(d) United States implementation of Environment Cooperation and Customs Verification Agreement
(1) Verification of shipments
The Interagency Environment Committee—
(A) may request verification of particular shipments of Mexico under the Environment Cooperation and Customs Verification Agreement between the United States and Mexico, done at Mexico City on December 10, 2019, in response to—
(i) comments submitted by the public to request verification of particular shipments of Mexico under such Agreement; or
(ii) on its own motion; and
(B) upon receipt of comments described in subparagraph (A)(i)—
(i) shall review the comments not later than 30 days after the date on which the comments are submitted to the Trade Representative; and
(ii) may request the Trade Representative to, within a reasonable period of time, request Mexico to provide relevant information for purposes of verification of particular shipments of Mexico described in subparagraph (A).
(2) Review of relevant information and request for additional steps
The Interagency Environment Committee—
(A) shall review relevant information provided by Mexico as described in paragraph (1)(B)(ii) to determine if the Trade Representative should request additional steps to verify information provided or related to a particular shipment of Mexico; and
(B) may request the Trade Representative to, within a reasonable period of time, request Mexico to take such additional steps with respect to the particular shipment.
(3) Consultation
The Trade Representative, on behalf of the Interagency Environment Committee, shall, on a quarterly basis, consult with the appropriate congressional committees and the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under
(e) Application
Subsections (c) and (d) shall apply with respect to Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.
(
§4714. Enforcement actions
The Interagency Environment Committee—
(1) may request the Trade Representative to, within a reasonable period of time, request consultations under—
(A) article 24.29 of the USMCA (relating to environment consultations) with respect to the USMCA country; or
(B) articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations) with respect to the USMCA country; or
(2) may request the heads of other Federal agencies described in
(
§4715. Other monitoring and enforcement actions
(a) Marine Mammal Protection Act
The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 (
(b) Magnuson-Stevens Fishery Conservation and Management Act
The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law:
(1) The Magnuson-Stevens Fishery Conservation and Management Act (
(2) The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (
(3) The High Seas Driftnet Fishing Moratorium Protection Act (
(4) The Shark Conservation Act of 2010 (
(5) The Shark Finning Prohibition Act (
(c) Fishermen's Protective Act of 1967
The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen's Protective Act of 1967 (
(d) Agreement on Port State Measures To Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Port State Measures Agreement Act of 2015 (
(e) Endangered Species Act
The Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of the Treasury have authority to take appropriate monitoring or enforcement actions under the Endangered Species Act of 1973 (
(f) Lacey Act
The Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Homeland Security, and the Secretary of the Treasury have authority to take appropriate monitoring or enforcement actions under the Lacey Act Amendments of 1981 (
(g) Migratory Bird Treaty Act
The Secretary of the Interior has authority to take appropriate monitoring or enforcement actions under the Migratory Bird Treaty Act of 1918 1 (
(h) Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act
The Secretary of State, the Secretary of the Interior, the Attorney General, and Administrator of the United States Agency for International Development have authority to take appropriate monitoring or enforcement actions under the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (
(i) Wild Bird Conservation Act
The Secretary of the Interior has authority to take appropriate monitoring or enforcement actions under the Wild Bird Conservation Act of 1992 (
(j) Customs seizure and other authorities
The Secretary of Homeland Security has authority to take appropriate monitoring or enforcement actions under
(k) Other relevant provisions of law
The Interagency Environment Committee may request the heads of other Federal agencies to take appropriate monitoring or enforcement actions under other relevant provisions of law.
(l) Rule of construction
Nothing in this section may be construed to supersede or otherwise limit in any manner the functions or authority of the head of any Federal agency described in this section under any other provision of law.
(
Editorial Notes
References in Text
The Marine Mammal Protection Act of 1972, referred to in subsec. (a), is
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), is
The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, referred to in subsec. (b)(2), is
The High Seas Driftnet Fishing Moratorium Protection Act, referred to in subsec. (b)(3), is
The Shark Conservation Act of 2010, referred to in subsec. (b)(4), is
The Shark Finning Prohibition Act, referred to in subsec. (b)(5), is
The Port State Measures Agreement Act of 2015, referred to in subsec. (d), is
The Endangered Species Act of 1973, referred to in subsec. (e), is
The Lacey Act Amendments of 1981, referred to in subsec. (f), is
The Migratory Bird Treaty Act of 1918, referred to in subsec. (g), probably should be the Migratory Bird Treaty Act, which is act July 3, 1918, ch. 128,
The Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016, referred to in subsec. (h), is
The Wild Bird Conservation Act of 1992, referred to in subsec. (i), is
1 See References in Text note below.
§4716. Report to Congress
(a) In general
The Trade Representative, in consultation with the head of any Federal agency described in this part, shall submit to the appropriate congressional committees a report on the implementation of this part, including—
(1) a description of efforts of the USMCA countries to implement their environmental obligations; and
(2) a description of additional efforts to be taken with respect to USMCA countries that are failing to implement their environmental obligations.
(b) Timing of report
The report required by subsection (a) shall be submitted—
(1) not later than 1 year after the date on which the USMCA enters into force;
(2) annually for each of the next 4 years; and
(3) biennially thereafter.
(c) Additional matters to be included in the fifth annual report
The report required by subsection (a) that is submitted in the fifth year after the USMCA enters into force shall also include the following:
(1) The updated assessment required by
(2) A comprehensive determination regarding USMCA countries' implementation of their environmental obligations.
(3) An explanation of how compliance with environmental obligations will be taken into consideration during the "joint review" conducted pursuant to article 34.7.2 of the USMCA on the sixth anniversary of the entry into force of the USMCA.
(
§4717. Regulations
The head of any Federal agency described in this part, in consultation with the Interagency Environment Committee, may prescribe such regulations as are necessary to carry out the authorities of the Federal agency as provided for under this part.
(
Part B—Other Matters
§4731. Border water infrastructure improvement authority
(a) In general
The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international transboundary water flows originating in Mexico.
(b) Report to Congress
Not later than 1 year after January 29, 2020, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section.
(c) Definitions
In this section:
(1) Covered area
The term "covered area" means the portion of the Tijuana River watershed that is in the United States.
(2) Eligible public entities
The term "eligible public entities" means—
(A) the United States Section of the International Boundary and Water Commission;
(B) the Corps of Engineers;
(C) the North American Development Bank;
(D) the Department of State;
(E) any other appropriate Federal agency;
(F) the State of California; and
(G) any of the following entities with jurisdiction over any part of the covered area:
(i) A local government.
(ii) An Indian Tribe.
(iii) A regional water board.
(iv) A public wastewater utility.
(3) Treatment works
The term "treatment works" has the meaning given that term in
(
§4732. Detail of personnel to Office of the United States Trade Representative
(a) In general
Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 1 Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b).
(b) Duties
The duties described in this subsection are the following:
(1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.
(2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.
(