Collapse to view only § 4512. Relationship of the USMCA to United States and State law
- § 4511. Approval and entry into force of the USMCA
- § 4512. Relationship of the USMCA to United States and State law
- § 4513. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority
- § 4514. Consultation and layover provisions for, and effective date of, proclaimed actions
- § 4515. Administration of dispute settlement proceedings
- § 4516. Trade Representative authority
§ 4511. Approval and entry into force of the USMCA
(a) Approval of USMCA and statement of administrative action
Pursuant to section 4205 of this title and section 2191 of this title, Congress approves—
(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
(Pub. L. 116–113, title I, § 101, Jan. 29, 2020, 134 Stat. 14.)
§ 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
(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
(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.
(Pub. L. 116–113, title I, § 102, Jan. 29, 2020, 134 Stat. 15.)
§ 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
(3) Waiver of 15-day restriction
(b) Initial regulations
(1) In general
(2) Uniform regulations
(3) Implementing actions with effective dates after entry into force
(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 section 4514 of this title, the President may proclaim—
(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
(4) Tariff-rate quotas
(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 section 4531 of this title and section 4532 of this title consistent with the USMCA.
(B) Modifications
(i) In general
(ii) Special rule for textiles
Notwithstanding clause (i), and subject to the consultation and layover provisions of section 4514 of this title, the President may proclaim—
(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.(Pub. L. 116–113, title I, § 103, Jan. 29, 2020, 134 Stat. 15.)
§ 4514. Consultation and layover provisions for, and effective date of, proclaimed actionsIf 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 section 2155 of this title; and
(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).
(
§ 4515. Administration of dispute settlement proceedings
(a) United States Section of Secretariat
(1) Establishment or designation of office
(2) Functions and administrative assistanceThe office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),1
1 See References in Text note below.
shall—(A) carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of chapter 10 and chapter 31 of the USMCA; and
(B) provide administrative assistance to—
(i) panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(ii) technical advisers and experts provided for under chapter 31 of the USMCA;
(iii) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(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
(b) Authorization of appropriationsThere 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 chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(B) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(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
(Pub. L. 116–113, title I, § 105, Jan. 29, 2020, 134 Stat. 18.)
§ 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.
(Pub. L. 116–113, title I, § 106, Jan. 29, 2020, 134 Stat. 19.)