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 section 1677f(f) of this title (as amended by this title ¹ ) or an undertaking of the government of that country is pending, the investigation or proceeding shall continue, and sanctions may continue to be imposed, in accordance with the provisions of such section 1677f(f) of this title (as so amended).

(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 section 1516a of this title applies, such determination shall be reviewable under subsection (a) of that section. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under 1516a(a) ² of this title shall not begin to run until the date on which the USMCA ceases to be in force with respect to that country.

(Pub. L. 116–113, title IV, §431, Jan. 29, 2020, 134 Stat. 66.)

Editorial Notes

References in Text

This title, referred to in subsecs. (a) and (b)(1), means title IV of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 61, which enacted this section, amended sections 1516a, 1677, 1677f, and 4374 of this title and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure, and enacted provisions set out as a note under section 1516a of this title.

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 section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1516a of this title.

¹ See References in Text note below.

² So in original. Probably should be preceded by "section".