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pdfPUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 11
Public Law 116–113
116th Congress
An Act
To implement the Agreement between the United States of America, the United
Mexican States, and Canada attached as an Annex to the Protocol Replacing
the North American Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘United StatesMexico-Canada Agreement Implementation Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Jan. 29, 2020
[H.R. 5430]
United StatesMexico-Canada
Agreement
Implementation
Act.
Exports and
imports.
19 USC 4501
note.
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
USMCA
Sec. 101. Approval and entry into force of the USMCA.
Sec. 102. Relationship of the USMCA to United States and State law.
Sec. 103. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority.
Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed
actions.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Trade Representative authority.
Sec. 107. Effective date.
TITLE II—CUSTOMS PROVISIONS
Sec. 201. Exclusion of originating goods of USMCA countries from special agriculture safeguard authority.
Sec. 202. Rules of origin.
Sec. 202A. Special rules for automotive goods.
Sec. 203. Merchandise processing fee.
Sec. 204. Disclosure of incorrect information; false certifications of origin; denial of
preferential tariff treatment.
Sec. 205. Reliquidation of entries.
Sec. 206. Recordkeeping requirements.
Sec. 207. Actions regarding verification of claims under the USMCA.
Sec. 208. Drawback [reserved].
Sec. 209. Other amendments to the Tariff Act of 1930.
Sec. 210. Regulations.
TITLE III—APPLICATION OF USMCA TO SECTORS AND SERVICES
Subtitle A—Relief From Injury Caused by Import Competition [reserved]
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Subtitle B—Temporary Entry of Business Persons [reserved]
Subtitle C—United States-Mexico Cross-Border Long-Haul Trucking Services
Sec. 321. Definitions.
Sec. 322. Investigations and determinations by Commission.
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134 STAT. 12
PUBLIC LAW 116–113—JAN. 29, 2020
Sec.
Sec.
Sec.
Sec.
Sec.
323.
324.
325.
326.
327.
Commission recommendations and report.
Action by President with respect to affirmative determination.
Confidential business information.
Conforming amendments.
Survey of operating authorities.
TITLE IV—ANTIDUMPING AND COUNTERVAILING DUTIES
Subtitle A—Preventing Duty Evasion
Sec. 401. Cooperation on duty evasion.
Subtitle B—Dispute Settlement [reserved]
Subtitle C—Conforming Amendments
Sec. 421. Judicial review in antidumping duty and countervailing duty cases.
Sec. 422. Conforming amendments to other provisions of the Tariff Act of 1930.
Sec. 423. Conforming amendments to title 28, United States Code.
Subtitle D—General Provisions
Sec. 431. Effect of termination of USMCA country status.
Sec. 432. Effective date.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE V—TRANSFER PROVISIONS AND OTHER AMENDMENTS
501. Drawback.
502. Relief from injury caused by import competition.
503. Temporary entry.
504. Dispute settlement in antidumping and countervailing duty cases.
505. Government procurement.
506. Actions affecting United States cultural industries.
507. Regulatory treatment of uranium purchases.
508. Report on amendments to existing law.
TITLE VI—TRANSITION TO AND EXTENSION OF USMCA
Subtitle A—Transitional Provisions
Sec. 601. Repeal of North American Free Trade Agreement Implementation Act.
Sec. 602. Continued suspension of the United States-Canada Free-Trade Agreement.
Subtitle B—Joint Reviews Regarding Extension of USMCA
Sec. 611. Participation in joint reviews with Canada and Mexico regarding extension of the term of the USMCA and other action regarding the USMCA.
Subtitle C—Termination of USMCA
Sec. 621. Termination of USMCA.
TITLE VII—LABOR MONITORING AND ENFORCEMENT
Sec. 701. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle A—Interagency Labor Committee for Monitoring and Enforcement
711. Interagency labor committee for monitoring and enforcement.
712. Duties.
713. Enforcement priorities.
714. Assessments.
715. Recommendation for enforcement action.
716. Petition process.
717. Hotline.
718. Reports.
719. Consultations on appointment and funding of rapid response labor panelists.
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Subtitle B—Mexico Labor Attache´s
Sec. 721. Establishment.
Sec. 722. Duties.
Sec. 723. Status.
Subtitle C—Independent Mexico Labor Expert Board
Sec. 731. Establishment.
Sec. 732. Membership; term.
Sec. 733. Funding.
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 13
Sec. 734. Reports.
Sec.
Sec.
Sec.
Sec.
741.
742.
743.
744.
Subtitle D—Forced Labor
Forced labor enforcement task force.
Timeline required.
Reports required.
Duties related to Mexico.
Subtitle E—Enforcement Under Rapid Response Labor Mechanism
Sec. 751. Transmission of reports.
Sec. 752. Suspension of liquidation.
Sec. 753. Final remedies.
TITLE VIII—ENVIRONMENT MONITORING AND ENFORCEMENT
Sec. 801. Definitions.
Subtitle A—Interagency Environment Committee for Monitoring and Enforcement
Sec. 811. Establishment.
Sec. 812. Assessment.
Sec. 813. Monitoring actions.
Sec. 814. Enforcement actions.
Sec. 815. Other monitoring and enforcement actions.
Sec. 816. Report to Congress.
Sec. 817. Regulations.
Subtitle B—Other Matters
Sec. 821. Border water infrastructure improvement authority.
Sec. 822. Detail of personnel to Office of the United States Trade Representative.
Sec.
Sec.
Sec.
Sec.
831.
832.
833.
834.
Subtitle C—North American Development Bank
General capital increase.
Policy goals.
Efficiencies and streamlining.
Performance measures.
TITLE IX—USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019
SEC. 2. PURPOSE.
19 USC 4501.
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 section
103(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(b)).
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SEC. 3. DEFINITIONS.
19 USC 4502.
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 (19 U.S.C. 3311(a)(1)).
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134 STAT. 14
PUBLIC LAW 116–113—JAN. 29, 2020
(7) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘preferential tariff treatment’’ means the customs duty rate that
is applicable to an originating good (as defined in section 202(a))
under the USMCA.
(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 section 101(a)(1).
(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.
TITLE I—APPROVAL OF, AND GENERAL
PROVISIONS RELATING TO, THE USMCA
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19 USC 4511.
President.
Time period.
Notification.
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SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE USMCA.
(a) APPROVAL OF USMCA AND STATEMENT OF ADMINISTRATIVE
ACTION.—Pursuant to section 106 of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205)
and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), 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.—
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 section 106(a)(1)(G) of the Bipartisan
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 15
Congressional Trade Priorities and Accountability Act of 2015 (19
U.S.C. 4205(a)(1)(G)), which shall include the date on which the
USMCA will enter into force.
SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND
STATE LAW.
19 USC 4512.
(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.
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SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE; INITIAL REGULATIONS; TARIFF PROCLAMATION
AUTHORITY.
(a) IMPLEMENTING ACTIONS.—
(1) PROCLAMATION AUTHORITY.—After the date of the enactment of this Act—
(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
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President.
19 USC 4513.
Federal Register,
publication.
PUBL113
134 STAT. 16
Deadlines.
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Determinations.
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PUBLIC LAW 116–113—JAN. 29, 2020
provisions under section 104 may not take effect before the
15th day after the date on which the text of the proclamation
is published in the Federal Register.
(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 section 101(a)(2) to implement the USMCA shall, to the maximum
extent feasible, be prescribed within 1 year after the date
on which the USMCA enters into force.
(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 section 104, 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.
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(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 section 202 and section 202A consistent with the USMCA.
(B) MODIFICATIONS.—
(i) IN GENERAL.—Subject to the consultation and
layover provisions of section 104, the President may
proclaim modifications to the provisions proclaimed
under the authority of subparagraph (A), other than
the provisions of chapters 50 through 63 of the
USMCA.
(ii) SPECIAL RULE FOR TEXTILES.—Notwithstanding
clause (i), and subject to the consultation and layover
provisions of section 104, 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.
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SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
19 USC 4514.
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—
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PUBLIC LAW 116–113—JAN. 29, 2020
(1) the President has obtained advice regarding the proposed action from—
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C.
2155); 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).
Hearings.
Reports.
Time period.
19 USC 4515.
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SEC. 105. 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), 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.—The office established or designated under paragraph
(1) shall not be considered an agency for purposes of section
552 of title 5, United States Code.
(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
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(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.—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 chapter 10 or chapter 31 of the USMCA, or
under chapter 19 of NAFTA, the United States Section may, notwithstanding section 3302 of title 31, United States Code, retain
and use such funds to carry out the functions described in subsection
(a)(2).
SEC. 106. TRADE REPRESENTATIVE AUTHORITY.
19 USC 4516.
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.
SEC. 107. EFFECTIVE DATE.
(a) IN GENERAL.—Sections 1 through 3 and this title (other
than section 103(c)) shall take effect on the date of the enactment
of this Act.
(b) PROCLAMATION AUTHORITY.—Section 103(c) shall take effect
on the date on which the USMCA enters into force.
19 USC 4501
note.
TITLE II—CUSTOMS PROVISIONS
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SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES
FROM SPECIAL AGRICULTURE SAFEGUARD AUTHORITY.
(a) IN GENERAL.—Section 405(e) of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) is amended to read as follows:
‘‘(e) EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES.—
‘‘(1) IN GENERAL.—The President shall exempt from any
duty imposed under this section any good that qualifies as
an originating good under section 202 of the United StatesMexico-Canada Agreement Implementation Act of a USMCA
country with respect to which preferential tariff treatment is
provided under the USMCA.
‘‘(2) DEFINITIONS.—In this subsection, the terms ‘preferential tariff treatment’, ‘USMCA’, and ‘USMCA country’ have
the meanings given those terms in section 3 of the United
States-Mexico-Canada Agreement Implementation Act.’’.
(b) EFFECTIVE DATE.—
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President.
19 USC 3602
note.
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PUBLIC LAW 116–113—JAN. 29, 2020
(1) IN GENERAL.—The amendment made by subsection (a)
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.—In the case of
a good entered for consumption, or withdrawn from warehouse
for consumption, before the date on which the USMCA enters
into force—
(A) the amendment made by subsection (a) to section
405(e) of the Uruguay Round Agreements Act (19 U.S.C.
3602(e)) shall not apply with respect to the good; and
(B) section 405(e) of such Act, as in effect on the
day before that date, shall continue to apply on and after
that date with respect to the good.
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19 USC 4531.
SEC. 202. 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 section 101(d)(8) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(8)).
(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
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134 STAT. 21
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.
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134 STAT. 22
PUBLIC LAW 116–113—JAN. 29, 2020
(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.
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134 STAT. 23
(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 aftersales 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.
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134 STAT. 24
PUBLIC LAW 116–113—JAN. 29, 2020
(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 chapter 1 of the USMCA.
(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
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134 STAT. 25
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.
(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.—
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PUBLIC LAW 116–113—JAN. 29, 2020
(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:
RVC =
TV¥VNM
—————
TV
× 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:
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RVC =
NC¥VNM
—————
NC
× 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
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134 STAT. 27
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 chapter 5
or 6 of the USMCA, that the transaction value of the
good or the value of any material used in the production
of the good must be adjusted or is unacceptable under
article 1 of the Customs Valuation Agreement, the
importer, exporter, or producer may calculate the regional
value content of the good on the basis of the net cost
method.
(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;
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PUBLIC LAW 116–113—JAN. 29, 2020
(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
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134 STAT. 29
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.
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PUBLIC LAW 116–113—JAN. 29, 2020
(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 chapter 9 used or
consumed in the production of instant coffee, not flavored,
of subheading 2101.11.
(E) A nonoriginating material of chapter 15 used or
consumed in the production of a good of heading 1507,
1508, 1512, 1514, or 1515.
(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 chapter 17 or heading
1805 used in the production of a good of subheading
1806.10.
(H) Nonoriginating peaches, pears, or apricots of
chapter 8 or 20, used in the production of a good of heading
2008.
(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 chapter 61, 62, or 63 that
is not an originating good because certain fibers or yarns
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 31
used in the production of the component of the good that
determines the tariff classification 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
fibers or yarns in the component, including elastomeric
yarns, is not more than 10 percent of the total weight
of the component and the good meets all other applicable
requirements of this section.
(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
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134 STAT. 32
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Applicability.
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PUBLIC LAW 116–113—JAN. 29, 2020
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—
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 33
(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 (19 U.S.C. 3332), as in effect on the day before the date
on which the USMCA enters into force, shall continue to apply
on and after that date with respect to a good entered for
consumption, or withdrawn from warehouse for consumption,
before that date.
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SEC. 202A. SPECIAL RULES FOR AUTOMOTIVE GOODS.
19 USC 4532.
(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).
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134 STAT. 34
(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 the date
of the enactment of this Act, 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-
Deadline.
President.
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PUBLIC LAW 116–113—JAN. 29, 2020
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 35
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.
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Consultation.
Consultation.
Procedures.
Procedures.
PUBL113
134 STAT. 36
Deadline.
Consultation.
Federal Register,
publication.
Requirements.
Procedures.
Guidance.
Methodologies.
Time periods.
Plan.
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(d) ALTERNATIVE STAGING REGIME.—
(1) PUBLICATION OF REQUIREMENTS.—Not later than 90
days after the date of the enactment of this Act, 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.
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 37
(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
Procedures.
Notification.
Deadline.
Criteria.
Consultation.
Consultations.
Determinations.
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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 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.—
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134 STAT. 38
Consultation.
Determination.
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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 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
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 39
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
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Deadline.
Consultation.
Notification.
Consultation.
Determination.
Notification.
Consultation.
Determination.
PUBL113
134 STAT. 40
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
section 207, the Secretary of the Treasury, in conjunction with
the Secretary of Labor, may conduct a verification of whether
a covered vehicle complies with 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.
(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 highwage 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.—
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134 STAT. 41
(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 section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514) of a decision of
U.S. Customs and Border Protection with respect to the
eligibility for preferential tariff treatment of a covered
vehicle relates to the analysis of the Department of Labor
relating to the high-wage components of the labor value
content requirements described in paragraph (1), the Secretary of Labor shall—
(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.
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Examination.
Notification.
Records.
Review.
PUBL113
134 STAT. 42
Consultation.
Summary.
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Termination
date.
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(B) NO ACCELERATED DISPOSITION.—An importer may
not request the accelerated disposition under section 515(b)
of the Tariff Act of 1930 (19 U.S.C. 1515(b)) of a protest
against a decision of the Commissioner described in
subparagraph (A).
(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
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 43
(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 the date of the enactment of this Act;
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.
Public
information.
Web posting.
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SEC. 203. MERCHANDISE PROCESSING FEE.
(a) IN GENERAL.—Section 13031(b)(10) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10))
is amended by striking subparagraph (B) and inserting the following:
‘‘(B) No fee may be charged under paragraph (9) or (10) of
subsection (a) with respect to goods that qualify as originating
goods under section 202 of the United States-Mexico-Canada Agreement Implementation Act or qualify for duty-free treatment under
Annex 6–A of the USMCA (as defined in section 3 of that Act).
Any service for which an exemption from such fee is provided
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19 USC 58c note.
PUBLIC LAW 116–113—JAN. 29, 2020
by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall—
(A) take effect on the date on which the USMCA enters
into force; and
(B) apply with respect to a good entered or released
on or after that date.
(2) TRANSITION FROM NAFTA TREATMENT.—In the case of
a good entered or released before the date on which the USMCA
enters into force—
(A) the amendments made by subsection (a) to section
13031(b)(10)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)(B)) shall not
apply with respect to the good; and
(B) section 13031(b)(10)(B) of such Act, as in effect
on the day before that date, shall continue to apply on
and after that date with respect to the good.
(3) ENTERED OR RELEASED DEFINED.—In this subsection,
the term ‘‘entered or released’’ has the meaning given that
term in section 13031(b)(8)(E) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(E)).
SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF
TREATMENT.
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Notification.
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(a) DISCLOSURE OF INCORRECT INFORMATION.—Section 592 of
the Tariff Act of 1930 (19 U.S.C. 1592) is amended—
(1) in subsection (c), by striking paragraph (5) and inserting
the following:
‘‘(5) PRIOR DISCLOSURE REGARDING CLAIMS UNDER THE
USMCA.—An importer shall not be subject to penalties under
subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 202 of the United
States-Mexico-Canada Agreement Implementation Act if the
importer, in accordance with regulations prescribed by the Secretary of the Treasury, promptly makes a corrected declaration
and pays any duties owing with respect to that good.’’; and
(2) by striking subsection (f) and inserting the following:
‘‘(f) FALSE CERTIFICATIONS OF ORIGIN UNDER THE USMCA.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), it is unlawful
for any person to certify falsely, by fraud, gross negligence,
or negligence, in a USMCA certification of origin (as such
term is defined in section 508 of this Act) that a good exported
from the United States qualifies as an originating good under
the rules of origin provided for in section 202 of the United
States-Mexico-Canada Agreement Implementation Act. The
procedures and penalties of this section that apply to a violation
of subsection (a) also apply to a violation of this subsection.
‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF INCORRECT
INFORMATION.—No penalty shall be imposed under this subsection if, promptly after an exporter or producer that issued
a USMCA certification of origin has reason to believe that
such certification contains or is based on incorrect information,
the exporter or producer voluntarily provides written notice
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 45
of such incorrect information to every person to whom the
certification was issued.
‘‘(3) EXCEPTION.—A person shall not be considered to have
violated paragraph (1) if—
‘‘(A) the information was correct at the time it was
provided in a USMCA certification of origin but was later
rendered incorrect due to a change in circumstances; and
‘‘(B) the person promptly and voluntarily provides written notice of the change in circumstances to all persons
to whom the person provided the certification.’’.
(b) DENIAL OF PREFERENTIAL TARIFF TREATMENT.—Section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) is amended—
(1) in subsection (b), by striking ‘‘and article 1904’’ and
all that follows through ‘‘Free-Trade Agreement’’;
(2) in subsection (c)—
(A) in paragraph (1), in the matter following subparagraph (D), by striking ‘‘section 202 of the North American
Free Trade Agreement Implementation Act’’ and inserting
‘‘section 202 of the United States-Mexico-Canada Agreement Implementation Act’’; and
(B) in paragraph (2)(E)—
(i) by striking ‘‘section 202 of the North American
Free Trade Agreement Implementation Act’’ and
inserting ‘‘section 202 of the United States-MexicoCanada Agreement Implementation Act’’; and
(ii) by striking ‘‘NAFTA Certificate of Origin’’ and
inserting ‘‘USMCA certification of origin (as such term
is defined in section 508 of this Act)’’;
(3) in subsection (e), by striking ‘‘section 202 of the North
American Free Trade Agreement Implementation Act’’ and
inserting ‘‘section 202 of the United States-Mexico-Canada
Agreement Implementation Act’’; and
(4) by striking subsection (f) and inserting the following:
‘‘(f) DENIAL OF PREFERENTIAL TARIFF TREATMENT UNDER THE
USMCA.—If U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement of the Department of Homeland
Security finds indications of a pattern of conduct by an importer,
exporter, or producer of false or unsupported representations that
goods qualify under the rules of origin provided for in section
202 of the United States-Mexico-Canada Agreement Implementation
Act, U.S. Customs and Border Protection, in accordance with regulations prescribed by the Secretary of the Treasury, may suspend
preferential tariff treatment under the USMCA (as defined in section 3 of that Act) to entries of identical goods covered by subsequent
representations by that importer, exporter, or producer until U.S.
Customs and Border Protection determines that representations
of that person are in conformity with such section 202.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsections
(a) and (b) shall—
(A) take effect on the date on which the USMCA enters
into force; and
(B) apply with respect to a good entered, or exported
from the United States, as the case may be, on or after
that date.
(2) TRANSITION FROM NAFTA TREATMENT.—In the case of
a good entered, or exported from the United States, as the
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Determination.
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PUBLIC LAW 116–113—JAN. 29, 2020
case may be, before the date on which the USMCA enters
into force—
(A) the amendments made by subsection (a) to section
592 of the Tariff Act of 1930 (19 U.S.C. 1592) and the
amendments made by subsection (b) to section 514 of such
Act (19 U.S.C. 1514) shall not apply with respect to the
good; and
(B) sections 592 and 514 of such Act, as in effect
on the day before that date, shall continue to apply on
and after that date with respect to the good.
(3) ENTERED DEFINED.—In this subsection, the term
‘‘entered’’ includes a withdrawal from warehouse for consumption.
SEC. 205. RELIQUIDATION OF ENTRIES.
Applicability.
19 USC 1520
note.
(a) IN GENERAL.—Section 520(d) of the Tariff Act of 1930 (19
U.S.C. 1520(d)) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘section 202 of the North American
Free Trade Agreement Implementation Act,’’;
(B) by striking ‘‘, or section 203’’ and inserting ‘‘, section
203’’; and
(C) by striking ‘‘for which’’ and inserting ‘‘, or section
202 of the United States-Mexico-Canada Agreement
Implementation Act (except with respect to any merchandise processing fees), for which’’; and
(2) by striking paragraph (2) and inserting the following:
‘‘(2) copies of all applicable certificates or certifications
of origin; and’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsection
(a) 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.—In the case of
a good entered for consumption, or withdrawn from warehouse
for consumption, before the date on which the USMCA enters
into force—
(A) the amendments made by subsection (a) to section
520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) shall
not apply with respect to the good; and
(B) section 520(d) of such Act, as in effect on the
day before that date, shall continue to apply on and after
that date with respect to the good.
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SEC. 206. RECORDKEEPING REQUIREMENTS.
(a) IN GENERAL.—Section 508 of the Tariff Act of 1930 (19
U.S.C. 1508) is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) EXPORTS AND IMPORTS RELATING TO USMCA COUNTRIES.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) USMCA; USMCA COUNTRY.—The terms ‘USMCA’
and ‘USMCA country’ have the meanings given those terms
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act.
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134 STAT. 47
‘‘(B) USMCA CERTIFICATION OF ORIGIN.—The term
‘USMCA certification of origin’ means the certification
established under article 5.2.1 of the USMCA that a good
qualifies as an originating good under the USMCA.
‘‘(2) EXPORTS TO USMCA COUNTRIES.—Any person who completes a USMCA certification of origin or provides a written
representation for a good exported from the United States
to a USMCA country shall make, keep, and, pursuant to rules
and regulations prescribed by the Secretary of the Treasury,
render for examination and inspection, all records and supporting documents related to the origin of the good (including
the certification or copies thereof), including records related
to—
‘‘(A) the purchase, cost, value, and shipping of, and
payment for, the good;
‘‘(B) the purchase, cost, value, and shipping of, and
payment for, all materials, including indirect materials,
used in the production of the good; and
‘‘(C) the production of the good in the form in which
it was exported or the production of the material in the
form in which it was sold.
‘‘(3) EXPORTS UNDER THE CANADIAN AGREEMENT.—Any person who exports, or who knowingly causes to be exported,
any merchandise to Canada during such time as the United
States-Canada Free-Trade Agreement is in force with respect
to, and the United States applies that Agreement to, Canada
shall make, keep, and render for examination and inspection
such records (including certifications of origin or copies thereof)
which pertain to the exportations.
‘‘(4) IMPORTS INTO THE UNITED STATES.—
‘‘(A) IN GENERAL.—Any importer who claims preferential tariff treatment under the USMCA for a good
imported into the United States from a USMCA country
shall make, keep, and, pursuant to rules and regulations
prescribed by the Secretary of the Treasury of the Secretary
of Labor, render for examination and inspection—
‘‘(i) records and supporting documentation related
to the importation;
‘‘(ii) all records and supporting documents related
to the origin of the good (including the certification
or copies thereof), if the importer completed the certification; and
‘‘(iii) records and supporting documents necessary
to demonstrate that the good did not, while in transit
to the United States, undergo further production or
any other operation other than unloading, reloading,
or any other operation necessary to preserve the good
in good condition or to transport the good to the United
States.
‘‘(B) VEHICLE PRODUCER.—Any vehicle producer whose
good is the subject of a claim for preferential tariff treatment under the USMCA shall make, keep, and, pursuant
to rules and regulations promulgated by the Secretary of
the Treasury and Secretary of Labor, render for examination and inspection records and supporting documents
related to the labor value content and steel and aluminum
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134 STAT. 48
purchasing requirements for the qualification of its vehicles
for preferential treatment.
‘‘(5) RETENTION PERIOD.—
‘‘(A) EXPORTS TO USMCA COUNTRIES.—A person covered
by paragraph (2) who completes a USMCA certification
of origin or provides a written representation for a good
exported from the United States to a USMCA country
shall keep the records required by such paragraph relating
to that certification of origin for a period of at least 5
years after the date on which the certification is completed.
‘‘(B) EXPORTS UNDER CANADIAN AGREEMENT.—The
records required by paragraph (3) shall be kept for such
periods of time as the Secretary shall prescribe, except
that—
‘‘(i) no period of time for the retention of the
records may exceed 5 years from the date of entry,
filing of a reconciliation, or exportation, as appropriate;
and
‘‘(ii) records for any drawback claim shall be kept
until the third anniversary of the date of liquidation
of the claim.
‘‘(C) IMPORTS INTO THE UNITED STATES.—
‘‘(i) IN GENERAL.—An importer covered by paragraph (4)(A) shall keep the records and supporting
documents required by such paragraph for a period
of at least 5 years after the date of importation of
the good.
‘‘(ii) VEHICLE PRODUCER.—A vehicle producer covered by paragraph (4)(B) shall keep the records and
supporting documents required by paragraph (4)(B) for
a period of at least 5 years after the date of filing
the certifications required under paragraphs (1) and
(2) of section 202A(c) of the United States-MexicoCanada Agreement Implementation Act.’’;
(2) by striking subsection (c); and
(3) in the paragraph heading for subsection (e)(1), by
striking ‘‘NAFTA’’ and inserting ‘‘USMCA’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsection
(a) shall take effect on the date on which the USMCA enters
into force.
(2) APPLICABILITY.—
(A) EXPORTS.—Paragraphs (2) and (5)(A) of section
508(b) of the Tariff Act of 1930, as amended by subsection
(a), shall apply with respect to a good exported from the
United States on or after the date on which the USMCA
enters into force.
(B) IMPORTS.—Paragraphs (4) and (5)(C) of section
508(b) of the Tariff Act of 1930, as amended by subsection
(a), shall apply with respect to a good that is entered
for consumption, or withdrawn from warehouse for
consumption, on or after the date on which the USMCA
enters into force.
(3) TRANSITION FROM NAFTA TREATMENT.—
(A) EXPORTS.—In the case of a good exported from
the United States before the date on which the USMCA
enters into force—
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19 USC 1508
note.
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(i) the amendments made by subsection (a) to paragraphs (2) and (5)(A) of section 508(b) of the Tariff
Act of 1930 (19 U.S.C. 1508) shall not apply with
respect to the good; and
(ii) section 508 of such Act, as in effect on the
day before that date, shall continue to apply on and
after that date with respect to the good.
(B) IMPORTS.—In the case of a good that is entered
for consumption, or withdrawn from warehouse for
consumption, before the date on which the USMCA enters
into force, the amendments made by subsection (a) to paragraphs (4) and (5)(C) of section 508(b) of the Tariff Act
of 1930 (19 U.S.C. 1508) shall not apply with respect to
the good.
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SEC. 207. 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 section
202 or 202A.
(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—
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19 USC 4533.
President.
President.
Determinations.
PUBL113
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134 STAT. 50
PUBLIC LAW 116–113—JAN. 29, 2020
(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 section
202 is inaccurate; or
(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
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 51
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 section 508(l) of the Tariff Act of 1930
(19 U.S.C. 1508(l));
(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
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PUBLIC LAW 116–113—JAN. 29, 2020
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.
19 USC 4534.
SEC. 208. DRAWBACK [RESERVED].
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SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) COUNTRY OF ORIGIN MARKING.—Section 304 of the Tariff
Act of 1930 (19 U.S.C. 1304) is amended by striking subsection
(k) and inserting the following:
‘‘(k) TREATMENT OF GOODS OF A USMCA COUNTRY.—In
applying this section to an article that qualifies as a good of a
USMCA country (as defined in section 3 of the United StatesMexico-Canada Agreement Implementation Act)—
‘‘(1) the exemption under subsection (a)(3)(H) shall be
applied by substituting ‘reasonably know’ for ‘necessarily know’;
‘‘(2) the Secretary shall exempt the good from the requirements for marking under subsection (a) if the good—
‘‘(A) is an original work of art; or
‘‘(B) is provided for under subheading 6904.10, heading
8541, or heading 8542 of the Harmonized Tariff Schedule
of the United States; and
‘‘(3) subsection (b) does not apply to the usual container
of any good described in subsection (a)(3)(E) or (I) or paragraph
(2)(A) or (B) of this subsection.’’.
(b) EXAMINATION OF BOOKS AND WITNESSES.—Section
509(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A))
is amended—
(1) in clause (i), by inserting at the end ‘‘or a vehicle
producer whose good is subject to a claim of preferential tariff
treatment under the USMCA (as defined in section 3 of the
United States-Mexico-Canada Agreement Implementation
Act),’’; and
(2) in clause (ii), by striking ‘‘a NAFTA country’’ and all
that follows through ‘‘Implementation Act)’’ and inserting ‘‘a
USMCA country (as defined in section 3 of the United StatesMexico-Canada Agreement Implementation Act)’’.
(c) EXCHANGE OF INFORMATION.—Section 628 of the Tariff Act
of 1930 (19 U.S.C. 1628) is amended by striking subsection (c)
and inserting the following:
‘‘(c) GOVERNMENT AGENCY OF USMCA COUNTRY.—
‘‘(1) IN GENERAL.—The Secretary may authorize U.S. Customs and Border Protection to exchange information with any
government agency of a USMCA country, if the Secretary—
‘‘(A) reasonably believes the exchange of information
is necessary to implement chapter 2, 4, 5, 6, or 7 of the
USMCA; and
‘‘(B) obtains assurances from such agency that the
information will be held in confidence and used only for
governmental purposes.
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134 STAT. 53
‘‘(2) DEFINITIONS.—In this subsection, the terms ‘USMCA’
and ‘USMCA country’ have the meanings given those terms
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act.’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by 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.—In the case of
a good entered for consumption, or withdrawn from warehouse
for consumption, before the date on which the USMCA enters
into force—
(A) the amendments made by this section shall not
apply with respect to the good; and
(B) the provisions of law amended by this section,
as such provisions were in effect on the day before that
date, shall continue to apply on and after that date with
respect to the good.
(e) EFFECTIVE DATE RELATING TO EXCHANGE OF INFORMATION.—Notwithstanding the amendment made by subsection (c),
the Secretary of the Treasury shall retain the authority provided
in section 628(c) of the Tariff Act of 1930 (as in effect on the
day before the date on which the USMCA enters into force) to
exchange information with any government agency of a NAFTA
country (as defined in section 2 of the North American Free Trade
Agreement Implementation Act (as in effect on the day before
the date on which the USMCA enters into force)).
SEC. 210. REGULATIONS.
19 USC 1304
note.
19 USC 1628
note.
19 USC 4535.
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(a) SECRETARY OF THE TREASURY.—The Secretary of the
Treasury shall prescribe such regulations as may be necessary
to carry out this title and the amendments made by this title
(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 section 202A.
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134 STAT. 54
PUBLIC LAW 116–113—JAN. 29, 2020
TITLE III—APPLICATION OF USMCA TO
SECTORS AND SERVICES
Subtitle A—Relief From Injury Caused by
Import Competition [reserved]
Subtitle B—Temporary Entry of Business
Persons [reserved]
Subtitle C—United States-Mexico CrossBorder Long-Haul Trucking Services
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19 USC 4571.
SEC. 321. DEFINITIONS.
In this subtitle:
(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 section 31132 of title 49,
United States Code, that meets the requirements of subparagraph (A) of such paragraph.
(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 section 13902 of title
49, United States Code, or a successor provision, to persons
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134 STAT. 55
of Mexico to conduct cross-border long-haul trucking services
in the United States.
(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
section 13902 of title 49, United States Code, to provide crossborder long-haul trucking services.
(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.
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SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COMMISSION.
19 USC 4572.
(a) INVESTIGATION.—Upon the filing of a petition by an
interested party described in subparagraph (A), (B), or (C) of section
321(8) which is representative of a United States long-haul trucking
services industry, or at the request of the President or the Trade
Representative, or upon the resolution of the Committee on Ways
and Means of the House of Representatives or the Committee
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134 STAT. 56
Notice.
Federal Register,
publication.
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Consultation.
Data.
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PUBLIC LAW 116–113—JAN. 29, 2020
on Finance of the Senate, the International Trade Commission
(in this subtitle referred to as the ‘‘Commission’’) shall promptly
initiate an investigation to determine—
(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 longhaul 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.
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 57
(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 subtitle.
(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 subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect
to determinations and findings made under this section as if such
determinations and findings were made under section 202 of the
Trade Act of 1974 (19 U.S.C. 2252).
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SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT.
Regulations.
19 USC 4573.
(a) IN GENERAL.—If the Commission makes an affirmative
determination under section 322, the Commission shall recommend
the action that is necessary to address the material harm or threat
of material harm found.
(b) LIMITATION.—Only those members of the Commission who
agreed to the affirmative determination under section 322 are
eligible to vote on the recommendation required to be made under
subsection (a).
(c) REPORT.—Not later than the date that is 60 days after
the date on which the determination is made under section 322,
the Commission shall submit to the President a report that
includes—
(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
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Federal Register,
publication.
Summary.
19 USC 4574.
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(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.
SEC. 324. 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 section
322 is affirmative or which contains a determination that the President may treat as affirmative in accordance with section 330(d)(1)
of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1))—
(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 section 322(a)(1), the denial or imposition of limitations on a request for a new grant of authority
by the persons of Mexico that are the subject of the investigation.
(ii) With respect to a determination relating to an
investigation under section 322(a)(1), the revocation of, or
restrictions on, grants of authority issued to the persons
of Mexico that are the subject of the investigation since
the date of the petition, request, or resolution.
(B) With respect to a determination relating to an
investigation under section 322(a)(2) or (3), 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 section 322(a)(1), (2), or (3), a cap on
the number of grants of authority issued to persons of
Mexico annually.
(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.—
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 59
(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 section 330(d)(1)
of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)(1)), may
extend the effective period of relief provided under this
section by up to an additional 4 years, if the President
determines that the provision of the relief continues to
be necessary to remedy or prevent material harm.
(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 section 321(8) which
is representative of a United States long-haul trucking
services industry that is filed with the Commission
not earlier than the date that is 270 days, and not
later than the date that is 240 days, before the date
on which any action taken under this section is to
terminate, the Commission shall conduct an investigation to determine whether action under this section
continues to be necessary to remedy or prevent material harm.
(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.
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PUBLIC LAW 116–113—JAN. 29, 2020
(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 subtitle.
SEC. 325. CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8))
is amended in the first sentence by striking ‘‘and title III of the
United States-Panama Trade Promotion Agreement Implementation
Act’’ and inserting ‘‘, title III of the United States-Panama Trade
Promotion Agreement Implementation Act, and subtitle C of title
III of the United States-Mexico-Canada Agreement Implementation
Act’’.
SEC. 326. CONFORMING AMENDMENTS.
(a) REGISTRATION OF MOTOR CARRIERS.—Section 13902 of title
49, United States Code, is amended by inserting at the end the
following:
‘‘(j) MEXICO-DOMICILED MOTOR CARRIERS.—Notwithstanding
any other provision of this section, upon an order in accordance
with section 324(a) of the United States-Mexico-Canada Agreement
Implementation Act, the Secretary shall carry out the relief specified
by denying or imposing limitations on a request for registration
or capping the number of requests for registration by Mexico-domiciled motor carriers of cargo to operate beyond the municipalities
along the United States-Mexico international border and the
commercial zones of those municipalities as directed.’’.
(b) EFFECTIVE PERIODS OF REGISTRATION.—Section 13905 of
title 49, United States Code, is amended by inserting at the end
the following:
‘‘(g) MEXICO-DOMICILED MOTOR CARRIERS.—Notwithstanding
any other provision of this section, upon an order in accordance
with section 324(a) of the United States-Mexico-Canada Agreement
Implementation Act, the Secretary shall carry out the relief specified
by revoking or imposing limitations on existing registrations of
Mexico-domiciled motor carriers of cargo to operate beyond the
municipalities along the United States-Mexico international border
and the commercial zones of those municipalities as directed.’’.
SEC. 327. SURVEY OF OPERATING AUTHORITIES.
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The Department of Transportation shall undertake a survey
of all existing grants of operating authority to, and pending applications for operating authority from, all Mexico-domiciled motor property carriers for operating beyond the Border Commercial Zones,
including OP–1 (MX) operating authority (Mexico-domiciled Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border) and
OP–1 operating authority (United States-based Enterprise Carrier
of International Cargo Application for Motor Property Carrier and
Broker Authority). The Department of Transportation shall prepare
a report summarizing the results of such survey not less than
180 days after the date on which the USMCA enters into force,
which it shall deliver to the Office of the United States Trade
Representative, the Commission, and the Chairs and Ranking Members of the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Commerce, Science,
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and Transportation of the Senate, the Committee on Ways and
Means of the House of Representatives, and the Committee on
Finance of the Senate.
TITLE IV—ANTIDUMPING AND
COUNTERVAILING DUTIES
Subtitle A—Preventing Duty Evasion
SEC. 401. COOPERATION ON DUTY EVASION.
Section 414(b) of the Enforce and Protect Act of 2015 (19
U.S.C. 4374(b)) is amended—
(1) by inserting ‘‘or a party to the USMCA (as defined
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act)’’ after ‘‘subsection (a)’’; and
(2) by inserting ‘‘or the USMCA, as the case may be,’’
after ‘‘the bilateral agreement’’.
Subtitle B—Dispute Settlement [reserved]
Subtitle C—Conforming Amendments
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SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY CASES.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended—
(1) in subsection (a)—
(A) in paragraph (2)(B)(vii), by striking ‘‘the Tariff
Act of 1930’’ and inserting ‘‘this Act’’; and
(B) in paragraph (5)(D)(i), by striking ‘‘article 1904
of the NAFTA’’ and inserting ‘‘article 10.12 of the USMCA’’;
(2) in subsection (b)(3)—
(A) in the paragraph heading, by striking ‘‘NAFTA OR
UNITED STATES-CANADA’’ and inserting ‘‘UNITED STATESCANADA OR USMCA’’; and
(B) in the text, by striking ‘‘of the NAFTA or of the
Agreement’’ and inserting ‘‘of the Agreement or article
10.12 of the USMCA’’;
(3) in subsection (f)—
(A) in paragraph (6)(A), by striking ‘‘article 1908 of
the NAFTA’’ and inserting ‘‘article 10.16 of the USMCA’’;
(B) in paragraph (7)(A), by striking ‘‘article 1908 of
the NAFTA’’ and inserting ‘‘article 10.16 of the USMCA’’;
(C) by striking paragraph (8);
(D) by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively;
(E) in paragraph (9), as redesignated by subparagraph
(D), by striking subparagraphs (A) and (B) and inserting
the following:
‘‘(A) Canada for such time as the USMCA is in force
with respect to, and the United States applies the USMCA
to, Canada.
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‘‘(B) Mexico for such time as the USMCA is in force
with respect to, and the United States applies the USMCA
to, Mexico.’’; and
(F) by adding at the end the following:
‘‘(10) USMCA.—The term ‘USMCA’ has the meaning given
that term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act.’’;
(4) in subsection (g)—
(A) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘of the NAFTA or of the Agreement’’
and inserting ‘‘of the Agreement or article 10.12 of the
USMCA’’;
(B) in paragraph (3)(A)—
(i) in clause (i), by striking ‘‘of the NAFTA or
of the Agreement.’’ and inserting ‘‘of the Agreement
or article 10.12 of the USMCA;’’;
(ii) in clause (iii), by striking ‘‘the NAFTA or of
the Agreement’’ and inserting ‘‘the Agreement or the
USMCA’’;
(iii) in clause (v), by striking ‘‘paragraph 12 of
article 1905 of the NAFTA’’ and inserting ‘‘article 10.13
of the USMCA’’; and
(iv) in clause (vi), by striking ‘‘paragraph 12 of
article 1905 of the NAFTA’’ and inserting ‘‘article 10.13
of the USMCA’’;
(C) in paragraph (4)(A), by striking ‘‘the North American Free Trade Agreement’’ and all that follows through
‘‘chapter 19 of the Agreement’’ and inserting ‘‘the United
States-Canada Free-Trade Agreement Implementation Act
of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the
United States-Mexico-Canada Agreement Implementation
Act implementing the binational panel dispute settlement
system under chapter 10 of the USMCA’’;
(D) in paragraph (5)—
(i) in subparagraph (A), by striking ‘‘of the NAFTA
or of the Agreement’’ and inserting ‘‘of the Agreement
or article 10.12 of the USMCA’’;
(ii) in subparagraph (B), by striking ‘‘of the NAFTA
or of the Agreement’’ and inserting ‘‘of the Agreement
or article 10.12 of the USMCA’’; and
(iii) in subparagraph (C)—
(I) in clause (i), by striking ‘‘of the NAFTA
or of the Agreement’’ and inserting ‘‘of the Agreement or article 10.12 of the USMCA’’; and
(II) in clause (iii), by striking ‘‘of the NAFTA
or of the Agreement’’ and inserting ‘‘of the Agreement or chapter 10 of the USMCA’’;
(E) in paragraph (6), by striking ‘‘of the NAFTA or
of the Agreement’’ and inserting ‘‘of the Agreement or
article 10.12 of the USMCA’’;
(F) in paragraph (7)—
(i) in the paragraph heading, by striking ‘‘OF THE
NAFTA OR THE AGREEMENT’’ and inserting ‘‘OF THE
AGREEMENT OR ARTICLE 10.12 OF THE USMCA’’; and
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(ii) in subparagraph (A), by striking ‘‘the NAFTA
or the Agreement’’ and inserting ‘‘article 1904 of the
Agreement or article 10.12 of the USMCA’’;
(G) in paragraph (8)—
(i) in subparagraph (A)—
(I) in clause (i), by striking ‘‘of the NAFTA
or of the Agreement’’ and inserting ‘‘of the Agreement or article 10.12 of the USMCA’’; and
(II) in clause (ii)—
(aa) in the clause heading, by striking
‘‘NAFTA’’ and inserting ‘‘USMCA’’; and
(bb) in the text, by striking ‘‘paragraph
11(a) of article 1905 of the NAFTA’’ and
inserting ‘‘article 10.13 of the USMCA’’; and
(ii) in subparagraph (C), by striking ‘‘of the NAFTA
or the Agreement’’ and inserting ‘‘of the Agreement
or article 10.12 of the USMCA’’;
(H) in paragraph (9), by striking ‘‘of the NAFTA or
of the Agreement’’ and inserting ‘‘of the Agreement or
chapter 10 of the USMCA’’;
(I) in paragraph (10), by striking ‘‘the NAFTA or the
Agreement’’ and inserting ‘‘the Agreement or under article
10.12 of the USMCA’’;
(J) by striking paragraph (11) and inserting the following:
‘‘(11) SUSPENSION AND TERMINATION OF SUSPENSION OF
ARTICLE 10.12 OF THE USMCA.—
‘‘(A) SUSPENSION.—If a special committee established
under article 10.13 of the USMCA issues an affirmative
finding, the Trade Representative may, in accordance with
article 10.13 of the USMCA, suspend the operation of
article 10.12 of the USMCA.
‘‘(B) TERMINATION OF SUSPENSION.—If a special committee is reconvened and makes an affirmative determination described in article 10.13 of the USMCA, any suspension of the operation of article 10.12 of the USMCA shall
terminate.’’; and
(K) in paragraph (12)—
(i) in the paragraph heading, by striking ‘‘NAFTA’’
and inserting ‘‘USMCA’’;
(ii) by striking subparagraph (A) and inserting
the following:
‘‘(A) NOTICE OF SUSPENSION OR TERMINATION OF
SUSPENSION OF ARTICLE 10.12 OF THE USMCA.—
‘‘(i) NOTICE OF SUSPENSION.—Upon notification by
the Trade Representative or the government of a
country described in subparagraph (A) or (B) of subsection (f)(9) that the operation of article 10.12 of the
USMCA has been suspended in accordance with article
10.13 of the USMCA, the United States Secretary shall
publish in the Federal Register a notice of suspension
of article 10.12 of the USMCA.
‘‘(ii) NOTICE OF TERMINATION OF SUSPENSION.—
Upon notification by the Trade Representative or the
government of a country described in subparagraph
(A) or (B) of subsection (f)(9) that the suspension of
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the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA,
the United States Secretary shall publish in the Federal Register a notice of termination of suspension
of article 10.12 of the USMCA.’’;
(iii) in subparagraph (B)—
(I) in the subparagraph heading, by striking
‘‘ARTICLE 1904’’ and inserting ‘‘ARTICLE 10.12 OF THE
USMCA’’; and
(II) in the matter preceding clause (i), by
striking ‘‘If’’ and all that follows through
‘‘NAFTA—’’ and inserting the following: ‘‘If the
operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the
USMCA—’’;
(iv) in subparagraph (C)—
(I) in clause (i)—
(aa) in the matter preceding subclause (I),
by striking ‘‘if the United States’’ and all that
follows through ‘‘NAFTA—’’ and inserting the
following: ‘‘if the United States made an
allegation under article 10.13 of the USMCA
and the operation of article 10.12 of the
USMCA was suspended pursuant to article
10.13 of the USMCA—’’; and
(bb) in subclause (I), by striking ‘‘subsection (f)(10)(A) or (B)’’ and inserting
‘‘subparagraph (A) or (B) of subsection (f)(9)’’;
and
(II) in clause (ii), in the matter preceding subclause (I), by striking ‘‘if a country’’ and all that
follows through ‘‘NAFTA—’’ and inserting the following: ‘‘if a country described in subparagraph
(A) or (B) of subsection (f)(9) made an allegation
under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended
pursuant to article 10.13 of the USMCA—’’; and
(v) in subparagraph (D)(i), by striking ‘‘a country
described’’ and all that follows through ‘‘NAFTA’’ and
inserting ‘‘a country described in subparagraph (A)
or (B) of subsection (f)(9) pursuant to article 10.13
of the USMCA’’.
SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE
TARIFF ACT OF 1930.
(a) DISCLOSURE OF PROPRIETARY INFORMATION UNDER PROTECORDERS.—Section 777(f) of the Tariff Act of 1930 (19 U.S.C.
1677f(f)) is amended—
(1) in the subsection heading, by striking ‘‘NORTH AMERICAN FREE TRADE AGREEMENT OR THE UNITED STATES-CANADA
AGREEMENT’’ and inserting ‘‘THE UNITED STATES-CANADA
AGREEMENT OR THE USMCA’’;
(2) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘article 1904 of
the NAFTA’’ and all that follows through ‘‘, the administering authority’’ and inserting ‘‘article 1904 of the United
States-Canada Agreement or article 10.12 of the USMCA,
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or an extraordinary challenge committee is convened under
Annex 1904.13 of the United States-Canada Agreement
or chapter 10 of the USMCA, the administering authority’’;
and
(B) in subparagraph (B), by striking ‘‘chapter 19 of
the NAFTA or the Agreement’’ each place it appears and
inserting ‘‘chapter 19 of the Agreement or chapter 10 of
the USMCA’’;
(3) in paragraph (3), by striking ‘‘the NAFTA or the United
States-Canada Agreement’’ and inserting ‘‘article 1904 of the
United States-Canada Agreement or article 10.12 of the
USMCA’’;
(4) in paragraph (4), by striking ‘‘section 402(b) of the
North American Free Trade Agreement Implementation Act’’
and inserting ‘‘section 412(b) of the United States-MexicoCanada Agreement Implementation Act’’; and
(5) by striking ‘‘section 516A(f)(10)’’ each place it appears
and inserting ‘‘section 516A(f)(9)’’.
(b) DEFINITION.—Section 771 of the Tariff Act of 1930 (19
U.S.C. 1677) is amended by striking paragraph (22) and inserting
the following:
‘‘(22) USMCA.—The term ‘USMCA’ has the meaning given
that term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act.’’.
SEC. 423. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES
CODE.
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(a) COURT OF INTERNATIONAL TRADE.—Chapter 95 of title 28,
United States Code, is amended—
(1) in section 1581(i)—
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘(i)’’;
(C) in subparagraph (D), as redesignated by subparagraph (A), by striking ‘‘paragraphs (1)–(3) of this subsection’’ and inserting ‘‘subparagraphs (A) through (C) of
this paragraph’’; and
(D) by striking the flush text and inserting the following:
‘‘(2) This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable
by—
‘‘(A) the Court of International Trade under section 516A(a)
of the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or
‘‘(B) a binational panel under section 516A(g) of the Tariff
Act of 1930 (19 U.S.C. 1516a(g)).’’;
(2) in section 1584, by striking the section heading and
inserting the following:
‘‘§ 1584. Civil actions under the United States-Canada FreeTrade Agreement or the USMCA’’;
and
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(3) in the table of sections at the beginning of the chapter,
by striking the item relating to section 1584 and inserting
the following:
28 USC 1581
prec.
‘‘1584. Civil actions under the United States-Canada Free-Trade Agreement or the
USMCA.’’.
(b) PARTICULAR PROCEEDINGS.—Sections 2201(a) and 2643(c)(5)
of title 28, United States Code, are each amended by striking
‘‘section 516A(f)(10)’’ and inserting ‘‘section 516A(f)(9)’’.
Subtitle D—General Provisions
SEC. 431. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS.
19 USC 4601.
(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 (other than this section) and the amendments
made by this title 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 777(f) of the Tariff Act of 1930 (as amended
by this title) 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 777(f) (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 516A
of the Tariff Act of 1930 (19 U.S.C. 1516a) 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 516A(a) of the Tariff Act of 1930 shall not begin
to run until the date on which the USMCA ceases to be in
force with respect to that country.
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SEC. 432. EFFECTIVE DATE.
The provisions of this title and the amendments made by this
title shall take effect on the date on which the USMCA enters
into force, but shall not apply—
(1) 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 (19 U.S.C. 1516a(a)) notice of which
is published in the Federal Register before such date, or to
a determination described in paragraph (2)(B)(vi) of that section
notice of which is received by the Government of Canada or
Mexico before such date; or
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(2) to any binational panel review under NAFTA, or any
extraordinary challenge arising out of any such review, that
was commenced before such date.
TITLE V—TRANSFER PROVISIONS AND
OTHER AMENDMENTS
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SEC. 501. DRAWBACK.
(a) CLERICAL AMENDMENT.—Section 208 of this Act is amended
in the section heading by striking ‘‘[RESERVED]’’.
(b) USMCA DRAWBACK.—Subsection (a) of section 203 of the
North American Free Trade Agreement Implementation Act (19
U.S.C. 3333) is—
(1) transferred to section 208 of this Act;
(2) inserted after the section heading for that section (as
amended by subsection (a)); and
(3) amended—
(A) by striking ‘‘NAFTA country’’ each place it appears
and inserting ‘‘USMCA country’’;
(B) in the subsection heading, by striking ‘‘NAFTA’’
and inserting ‘‘USMCA’’;
(C) in the matter preceding paragraph (1)—
(i) by striking ‘‘and the amendments made by subsection (b)’’; and
(ii) by striking ‘‘NAFTA drawback’’ and inserting
‘‘USMCA drawback’’;
(D) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘sorting,
marking,’’ after ‘‘repacking,’’; and
(ii) in subparagraph (B), by striking ‘‘paragraph
12 of section A of Annex 703.2 of the Agreement’’
and inserting ‘‘paragraph 11 of Annex 3–B of the
USMCA’’; and
(E) by amending paragraph (6) to read as follows:
‘‘(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).’’.
(c) SAME KIND AND QUALITY.—Section 208 of this Act, as
amended by subsection (b), is further amended by adding at the
end the following:
‘‘(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 section
313(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good
is a good of the same kind and quality as another good—
‘‘(1) for a good described in such paragraph (6)(B), if the
good would have been considered of the same kind and quality
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19 USC 4534.
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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 section 313
of the Tariff Act of 1930 (19 U.S.C. 1313).’’.
(d) CERTAIN FEES; INAPPLICABILITY TO COUNTERVAILING AND
ANTIDUMPING DUTIES.—Subsections (d) and (e) of section 203 of
the North American Free Trade Agreement Implementation Act
(19 U.S.C. 3333) are—
(1) transferred to section 208 of this Act;
(2) inserted after subsection (b) of section 208 (as added
by subsection (c));
(3) redesignated as subsections (c) and (d), respectively;
and
(4) amended, in subsection (c) (as redesignated by paragraph (3)), by striking ‘‘exported to’’ and all that follows through
the period at the end and inserting ‘‘exported to a USMCA
country.’’.
(e) CONFORMING AMENDMENTS.—
(1) BONDED MANUFACTURING WAREHOUSES.—Section 311 of
the Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the
eleventh paragraph—
(A) by striking ‘‘NAFTA’’ each place it appears;
(B) by striking ‘‘section 203(a) of the North American
Free Trade Agreement Implementation Act’’ and inserting
‘‘section 208(a) of the United States-Mexico-Canada Agreement Implementation Act’’; and
(C) by striking ‘‘section 2(4) of that Act’’ and inserting
‘‘section 3 of that Act’’.
(2) BONDED SMELTING AND REFINING WAREHOUSES.—Section
312 of the Tariff Act of 1930 (19 U.S.C. 1312) is amended,
in subsections (b) and (d)—
(A) by striking ‘‘NAFTA’’ each place it appears and
inserting ‘‘USMCA’’;
(B) by striking ‘‘section 2(4) of the North American
Free Trade Agreement Implementation Act’’ each place
it appears and inserting ‘‘section 3 of the United StatesMexico-Canada Agreement Implementation Act’’; and
(C) by striking ‘‘section 203(a) of that Act’’ each place
it appears and inserting ‘‘section 208(a) of that Act’’.
(3) DRAWBACK AND REFUNDS.—Section 313 of the Tariff
Act of 1930 (19 U.S.C. 1313) is amended—
(A) in subsection (j)(4), by striking subparagraph (A)
and inserting the following:
‘‘(A)(i) Effective upon the entry into force of the USMCA,
the exportation to a USMCA country of merchandise that is
fungible with and substituted for imported merchandise, other
than merchandise described in paragraphs (1) through (8) of
section 208(a) of the United States-Mexico-Canada Agreement
Implementation Act, shall not constitute an exportation for
purposes of paragraph (2).
‘‘(ii) In this subparagraph, the terms ‘USMCA’ and ‘USMCA
country’ have the meanings given those terms in section 3
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of the United States-Mexico-Canada Agreement Implementation Act.’’;
(B) in subsection (n)—
(i) in paragraph (1), by striking subparagraphs
(A) and (B) and inserting the following:
‘‘(A) the term ‘USMCA country’ has the meaning given
that term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act;
‘‘(B) the term ‘good subject to USMCA drawback’ has the
meaning given that term in section 208(a) of the United StatesMexico-Canada Agreement Implementation Act;’’; and
(ii) in paragraphs (2) and (3), by striking ‘‘NAFTA’’
each place it appears and inserting ‘‘USMCA’’; and
(C) in subsection (o), by striking ‘‘NAFTA’’ each place
it appears and inserting ‘‘USMCA’’.
(4) MANIPULATION IN WAREHOUSE.—Section 562 of the
Tariff Act of 1930 (19 U.S.C. 1562) is amended—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) without payment of duties for exportation to a USMCA
country, as defined in section 3 of the United States-MexicoCanada Agreement Implementation Act, if the merchandise
is of a kind described in any of paragraphs (1) through (8)
of section 208(a) of that Act;’’;
(B) in paragraph (2)—
(i) by striking ‘‘section 203(a) of that Act’’ and
inserting ‘‘section 208(a) of that Act’’; and
(ii) by striking ‘‘NAFTA’’ each place it appears
and inserting ‘‘USMCA’’; and
(C) in paragraphs (3) and (4), by striking ‘‘NAFTA’’
each place it appears and inserting ‘‘USMCA’’.
(5) FOREIGN TRADE ZONES.—Section 3(a)(2) of the Act of
June 18, 1934 (commonly known as the ‘‘Foreign Trade Zones
Act’’) (19 U.S.C. 81c(a)(2)) is amended, in the flush text—
(A) by striking ‘‘goods subject to NAFTA drawback,
as defined in section 203(a) of the North American Free
Trade Agreement Implementation Act’’ and inserting ‘‘goods
subject to USMCA drawback, as defined in section 208(a)
of
the
United
States-Mexico-Canada
Agreement
Implementation Act’’;
(B) by striking ‘‘a NAFTA country, as defined in section
2(4) of that Act’’ and inserting ‘‘a USMCA country, as
defined in section 3 of that Act’’; and
(C) by striking ‘‘NAFTA’’ each place it appears and
inserting ‘‘USMCA’’.
(f) ADDITIONAL CLERICAL AMENDMENT.—The table of contents
for this Act is amended by striking the item relating to section
208 and inserting the following:
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‘‘Sec. 208. Drawback.’’.
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—Each transfer, redesignation, and amendment made by subsections (b) through (e) shall—
(A) take effect on the date on which the USMCA enters
into force; and
(B) apply with respect to a good entered, or withdrawn
from warehouse for consumption, on or after that date.
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19 USC 81c note.
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PUBLIC LAW 116–113—JAN. 29, 2020
(2) TRANSITION FROM NAFTA TREATMENT.—In the case of
a good entered, or withdrawn from warehouse for consumption,
before the date on which the USMCA enters into force—
(A) the amendments made by subsections (b) through
(e) shall not apply with respect to the good; and
(B) the provisions of law amended by such subsections,
as such provisions were in effect on the day before that
date, shall continue to apply on and after that date with
respect to the good.
SEC. 502. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION.
19 USC 4551.
19 USC 4552.
(a) CLERICAL AMENDMENT.—Subtitle A of title III of this Act
is amended in the subtitle heading by striking ‘‘[reserved]’’.
(b) ARTICLE IMPACT IN IMPORT RELIEF CASES.—Section 311
of the North American Free Trade Agreement Implementation Act
(19 U.S.C. 3371) is—
(1) transferred to subtitle A of title III of this Act;
(2) inserted after the heading (as amended by subsection
(a)) of such subtitle;
(3) redesignated as section 301; and
(4) amended—
(A) in the section heading, by striking ‘‘NAFTA’’ and
inserting ‘‘USMCA’’;
(B) in subsection (c), by striking ‘‘section 312(a)’’ and
inserting ‘‘section 302(a)’’; and
(C) by striking ‘‘NAFTA’’ each place it appears and
inserting ‘‘USMCA’’.
(c) PRESIDENTIAL ACTION REGARDING IMPORTS.—Section 312
of the North American Free Trade Agreement Implementation Act
(19 U.S.C. 3372) is—
(1) transferred to subtitle A of title III of this Act;
(2) inserted after section 301 (as inserted and redesignated
by subsection (b));
(3) redesignated as section 302; and
(4) amended—
(A) in the section heading, by striking ‘‘NAFTA’’ and
inserting ‘‘USMCA’’;
(B) in subsection (b), in the subsection heading, by
striking ‘‘NAFTA’’ and inserting ‘‘USMCA’’;
(C) in subsection (c), in the subsection heading, by
striking ‘‘NAFTA’’ and inserting ‘‘USMCA’’; and
(D) by striking ‘‘NAFTA’’ each place it appears and
inserting ‘‘USMCA’’.
(d) ADDITIONAL CLERICAL AMENDMENTS.—The table of contents
for this Act is amended by striking the item relating to subtitle
A of title III and inserting the following:
‘‘Subtitle A—Relief From Injury Caused by Import Competition
‘‘Sec. 301. USMCA article impact in import relief cases under the Trade Act of
1974.
‘‘Sec. 302. Presidential action regarding USMCA imports.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Each transfer, redesignation, and amendment made by this section shall—
(A) take effect on the date on which the USMCA enters
into force; and
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19 USC 4551
note.
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134 STAT. 71
(B) apply with respect to an investigation under
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.
2251 et seq.) initiated on or after that date.
(2) TRANSITION FROM NAFTA.—In the case of an investigation under chapter 1 of title II of the Trade Act of 1974 initiated
before the date on which the USMCA enters into force—
(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 (19 U.S.C. 3371 and
3372), as in effect on the day before that date, shall continue to apply on and after that date with respect to the
investigation.
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SEC. 503. TEMPORARY ENTRY.
(a) CLERICAL AMENDMENT.—Subtitle B of title III of this Act
is amended in the subtitle heading by striking ‘‘[reserved]’’.
(b) NONIMMIGRANT TRADERS AND INVESTORS.—Section 341 of
the North American Free Trade Agreement Implementation Act
(Public Law 103–182; 107 Stat. 2116) is—
(1) transferred to subtitle B of title III of this Act;
(2) inserted after the heading (as amended by subsection
(a)) of such subtitle;
(3) redesignated as section 311; and
(4) amended—
(A) by striking subsections (b) and (c);
(B) by striking ‘‘(a)’’ and all that follows through ‘‘Upon’’
and inserting ‘‘Upon’’;
(C) by striking ‘‘the Agreement’’ each place it appears
and inserting ‘‘the USMCA’’;
(D) by striking ‘‘Annex 1603’’ and inserting ‘‘Annex
16–A’’; and
(E) by striking ‘‘Annex 1608’’ and inserting ‘‘article
16.1’’.
(c) NONIMMIGRANT PROFESSIONALS.—Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended—
(1) in subsection (e)—
(A) by striking paragraphs (1), (3), (4), and (5);
(B) by redesignating paragraphs (2) and (6) as paragraphs (1) and (2), respectively; and
(C) in paragraph (1), as redesignated by subparagraph
(B)—
(i) by striking ‘‘Annex 1603 of the North American
Free Trade Agreement (in this subsection referred to
as ‘NAFTA’)’’ and inserting ‘‘Annex 16–A of the
USMCA (as defined in section 3 of the United StatesMexico-Canada Agreement Implementation Act)’’; and
(ii) by striking the third and fourth sentences and
inserting the following: ‘‘For purposes of this paragraph, the term ‘citizen of Mexico’ means ‘citizen’ as
defined in article 16.1 of the USMCA.’’; and
(2) in subsection (j)(1)—
(A) in the first sentence, by striking ‘‘Annex 1603 of
the North American Free Trade Agreement’’ and inserting
‘‘Annex 16–A of the USMCA (as defined in section 3 of
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19 USC 3401.
8 USC 1184.
8 USC 1184.
8 USC 1194;
19 USC 4561.
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134 STAT. 72
PUBLIC LAW 116–113—JAN. 29, 2020
the United States-Mexico-Canada Agreement Implementation Act)’’;
(B) in the second sentence, by striking ‘‘article 1603
of such Agreement’’ and inserting ‘‘article 16.4 of the
USMCA’’; and
(C) in the third sentence, by striking ‘‘Annex 1608
of such Agreement’’ and inserting ‘‘article 16.1 of the
USMCA’’.
(d) CONFORMING AMENDMENTS.—
(1) INTEGRATED ENTRY AND EXIT DATA SYSTEM.—Section
110(c)(1)(B) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended
by striking ‘‘North American Free Trade Agreement’’ and
inserting ‘‘USMCA (as defined in section 3 of the United StatesMexico-Canada Agreement Implementation Act)’’.
(2) ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
ACT OF 2002.—Section 604 of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (8 U.S.C. 1773) is amended
by striking ‘‘North American Free Trade Agreement’’ and
inserting ‘‘USMCA (as defined in section 3 of the United StatesMexico-Canada Agreement Implementation Act)’’.
(e) ADDITIONAL CLERICAL AMENDMENTS.—The table of contents
for this Act is amended by striking the item relating to subtitle
A of title III and inserting the following:
‘‘Subtitle B—Temporary Entry of Business Persons
‘‘Sec. 311. Temporary entry.’’.
(f) EFFECTIVE DATE.—
(1) IN GENERAL.—Each transfer, redesignation, and amendment made by this section shall—
(A) take effect on the date on which the USMCA enters
into force; and
(B) apply with respect to a visa issued on or after
that date.
(2) TRANSITION FROM NAFTA.—In the case of a visa issued
before the date on which the USMCA enters into force—
(A) the transfers, redesignations, and amendments
made by this section shall not apply with respect to the
visa; and
(B) the provisions of law amended by subsections (b)
through (d), as such provisions were in effect on the day
before that date, shall continue to apply on and after that
date with respect to the visa.
8 USC 1184 note.
Applicability.
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SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES.
19 USC 4581.
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(a) CLERICAL AMENDMENT.—Subtitle B of title IV of this Act
is amended in the subtitle heading by striking ‘‘[reserved]’’.
(b) REFERENCES IN SUBTITLE.—Section 401 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431)
is—
(1) transferred to subtitle B of title IV of this Act and
inserted after the heading (as amended by subsection (a)) of
such subtitle;
(2) redesignated as section 411; and
(3) amended by striking ‘‘the Agreement’’ and inserting
‘‘the USMCA’’.
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134 STAT. 73
(c) ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS.—Section
402 of the North American Free Trade Agreement Implementation
Act (19 U.S.C. 3432) is—
(1) transferred to subtitle B of title IV of this Act and
inserted after section 411 (as inserted and redesignated by
subsection (b));
(2) redesignated as section 412; and
(3) amended—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) in subparagraph (D), by striking ‘‘in paragraph 1’’ and all that follows and inserting ‘‘in
paragraph 1 of Annex 10–B.1 and paragraph 1
of Annex 10–B.3; and’’;
(II) in subparagraph (E), by striking ‘‘chapter
19’’ and inserting ‘‘chapter 10’’; and
(III) in the matter following subparagraph (E),
by striking ‘‘in paragraph 1’’ and all that follows
through ‘‘Annex 1904.13’’ and inserting ‘‘in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex
10–B.3’’; and
(ii) in paragraph (2)—
(I) in the paragraph heading, by striking
‘‘UNDER’’ and all that follows before the period;
and
(II) in the text—
(aa) by striking ‘‘paragraph 1 of Annex
1901.2’’ and inserting ‘‘paragraph 1 of Annex
10–B.1’’;
(bb) by striking ‘‘chapter 19’’ each place
it appears and inserting ‘‘chapter 10’’; and
(cc) by striking ‘‘article 1905’’ and
inserting ‘‘article 10.13’’;
(B) in subsection (b)(1)—
(i) by striking ‘‘chapter 19’’ each place it appears
and inserting ‘‘chapter 10’’; and
(ii) by striking ‘‘article 1905’’ and inserting ‘‘article
10.13’’;
(C) in subsection (c)—
(i) in paragraph (1)—
(I) by striking ‘‘chapter 19’’ each place it
appears and inserting ‘‘chapter 10’’; and
(II) by striking ‘‘article 1905’’ and inserting
‘‘article 10.13’’;
(ii) in paragraph (2)(B)—
(I) by striking ‘‘chapter 19’’ each place it
appears and inserting ‘‘chapter 10’’; and
(II) in clause (i)(II), by striking ‘‘article 1905’’
and inserting ‘‘article 10.13’’;
(iii) in paragraph (3)—
(I) in subparagraph (A)(i), by striking ‘‘Annex
1901.2’’ and inserting ‘‘Annex 10–B.1’’;
(II) in subparagraph (A)(ii), by striking ‘‘under
Annex 1904.13’’ and all that follows and inserting
‘‘under Annex 10–B.3 and special committees
under article 10.13.’’; and
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19 USC 4582.
PUBL113
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134 STAT. 74
PUBLIC LAW 116–113—JAN. 29, 2020
(III) in subparagraph (B)(i), by striking
‘‘chapter 19’’ and inserting ‘‘chapter 10’’; and
(iv) in paragraph (4)—
(I) in subparagraph (A), by striking ‘‘chapter
19’’ and inserting ‘‘chapter 10’’; and
(II) in subparagraph (C)(iv)(III), by striking
‘‘chapter 19’’ and inserting ‘‘chapter 10’’;
(D) in subsection (d)—
(i) in paragraph (1)—
(I) in subparagraph (A), by striking ‘‘in paragraph 1’’ and all that follows and inserting ‘‘in
paragraph 1 of Annex 10–B.1 and paragraph 1
of Annex 10–B.3; or’’; and
(II) in subparagraph (B), by striking ‘‘chapter
19’’ and inserting ‘‘chapter 10’’;
(ii) in paragraph (2)—
(I) in subparagraph (A)(i), by striking ‘‘in paragraph 1’’ and all that follows through ‘‘during’’
and inserting ‘‘in paragraph 1 of Annex 10–B.1
and paragraph 1 of Annex 10–B.3 during’’;
(II) in subparagraph (A)(ii)—
(aa) by striking ‘‘chapter 19’’ and inserting
‘‘chapter 10’’; and
(bb) by striking ‘‘the Agreement’’ and
inserting ‘‘the USMCA’’;
(III) in subparagraph (A)(iii), by striking
‘‘NAFTA’’ and inserting ‘‘USMCA’’;
(IV) in subparagraph (B)(i), by striking ‘‘in
paragraph 1’’ and all that follows and inserting
‘‘in paragraph 1 of Annex 10–B.1 and paragraph
1 of Annex 10–B.3; or’’; and
(V) in subparagraph (B)(ii), by striking
‘‘chapter 19’’ and inserting ‘‘chapter 10’’; and
(iii) in paragraph (3)—
(I) in subparagraph (A), by striking ‘‘in paragraph 1’’ and all that follows through ‘‘during’’
and inserting ‘‘in paragraph 1 of Annex 10–B.1
and paragraph 1 of Annex 10–B.3 during’’; and
(II) in subparagraph (B), by striking ‘‘chapter
19’’ and inserting ‘‘chapter 10’’;
(E) in subsection (e), in the matter preceding paragraph
(1)—
(i) by striking ‘‘the Agreement’’ and inserting ‘‘the
USMCA’’;
(ii) by striking ‘‘between the United States’’ and
all that follows through ‘‘NAFTA country’’; and
(iii) by striking ‘‘January 3, 1994’’ and inserting
‘‘January 3, 2020’’;
(F) in subsection (f), by striking ‘‘chapter 19’’ and
inserting ‘‘chapter 10’’;
(G) in subsection (g), by striking ‘‘chapter 19’’ and
inserting ‘‘chapter 10’’; and
(H) in subsection (h), by striking ‘‘chapter 19’’ and
inserting ‘‘chapter 10’’.
(d) TESTIMONY AND PRODUCTION OF PAPERS.—Section 403 of
the North American Free Trade Agreement Implementation Act
(19 U.S.C. 3433) is—
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 75
(1) transferred to subtitle B of title IV of this Act and
inserted after section 412 (as inserted and redesignated by
subsection (c));
(2) redesignated as section 413; and
(3) amended in subsection (a), in the matter preceding
paragraph (1), by striking ‘‘under paragraph 13’’ and all that
follows through ‘‘the committee—’’ and inserting ‘‘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—’’.
(e) REQUESTS FOR REVIEW OF DETERMINATIONS.—Section 404
of the North American Free Trade Agreement Implementation Act
(19 U.S.C. 3434) is—
(1) transferred to subtitle B of title IV of this Act and
inserted after section 413 (as inserted and redesignated by
subsection (d));
(2) redesignated as section 414; and
(3) amended—
(A) in the section heading, by striking ‘‘OF NAFTA
COUNTRIES’’;
(B) in subsection (a)—
(i) in paragraph (1), by striking ‘‘article 1911’’ and
all that follows and inserting ‘‘article 10.8, of a USMCA
country.’’; and
(ii) in paragraph (2), by striking ‘‘article 1908’’
and inserting ‘‘article 10.16’’;
(C) in subsection (b), by striking ‘‘article 1904’’ and
inserting ‘‘article 10.12’’; and
(D) in subsection (c), by striking ‘‘article 1904’’ each
place it appears and inserting ‘‘article 10.12’’.
(f) RULES OF PROCEDURE FOR PANELS AND COMMITTEES.—Section 405 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3435) is—
(1) transferred to subtitle B of title IV of this Act and
inserted after section 414 (as inserted and redesignated by
subsection (e));
(2) redesignated as section 415; and
(3) amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘article 1904’’ and inserting ‘‘article 10.12’’;
(B) in subsection (b), by striking ‘‘Annex 1904.13’’ and
inserting ‘‘Annex 10–B.3’’; and
(C) in subsection (c), by striking ‘‘Annex 1905.6’’ and
inserting ‘‘Annex 10–B.4’’.
(g) SUBSIDY NEGOTIATIONS.—Section 406 of the North American
Free Trade Agreement Implementation Act (19 U.S.C. 3436) is—
(1) transferred to subtitle B of title IV of this Act and
inserted after section 415 (as inserted and redesignated by
subsection (f));
(2) redesignated as section 416; and
(3) amended, in the matter preceding paragraph (1), by
striking ‘‘NAFTA country’’ and inserting ‘‘USMCA country’’.
(h) IDENTIFICATION OF INDUSTRIES FACING SUBSIDIZED
IMPORTS.—Section 407 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3437) is—
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19 USC 4583.
19 USC 4584.
19 USC 4585.
19 USC 4586.
PUBL113
134 STAT. 76
19 USC 4587.
19 USC 4588.
PUBLIC LAW 116–113—JAN. 29, 2020
(1) transferred to subtitle B of title IV of this Act and
inserted after section 416 (as inserted and redesignated by
subsection (g));
(2) redesignated as section 417; and
(3) amended—
(A) in subsection (a)(1)(A)—
(i) by striking ‘‘the Agreement’’ and inserting ‘‘the
USMCA’’; and
(ii) by striking ‘‘NAFTA country’’ and inserting
‘‘USMCA country’’;
(B) in subsection (c), in the matter following paragraph
(3), by striking ‘‘NAFTA countries’’ and inserting ‘‘USMCA
countries’’; and
(C) in subsection (d)(3), by striking ‘‘the Agreement’’
and inserting ‘‘the USMCA’’.
(i) TREATMENT OF AMENDMENTS TO LAW.—Section 408 of the
North American Free Trade Agreement Implementation Act (19
U.S.C. 3438) is—
(1) transferred to subtitle B of title IV of this Act and
inserted after section 417 (as inserted and redesignated by
subsection (h));
(2) redesignated as section 418; and
(3) amended—
(A) in the matter preceding paragraph (1), by striking
‘‘the Agreement’’ and all that follows through ‘‘United
States’’ and inserting ‘‘the USMCA’’; and
(B) in the flush text, by striking ‘‘NAFTA country’’
and inserting ‘‘USMCA country’’.
(j) ADDITIONAL CLERICAL AMENDMENTS.—The table of contents
for this Act is amended by striking the item relating to subtitle
B of title IV and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
411.
412.
413.
414.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
415.
416.
417.
418.
(k) EFFECTIVE DATE.—
(1) IN GENERAL.—Each transfer, redesignation, and amendment made by this section shall take effect on the date on
which the USMCA enters into force, but shall not apply—
(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 (19 U.S.C. 1516a(a))
notice of which is published in the Federal Register before
such date, or to a determination described in paragraph
(2)(B)(vi) of that section notice of which is received by
the Government of Canada or Mexico before such date;
and
(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) TRANSITION FROM NAFTA.—The transfers, redesignations, and amendments made by this section shall not apply,
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19 USC 4581
note.
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‘‘Subtitle B—Dispute Settlement
References in subtitle.
Organizational and administrative provisions.
Testimony and production of papers in extraordinary challenges.
Requests for review of determination by competent investigating authorities.
Rules of procedure for panels and committees.
Subsidy negotiations.
Identification of industries facing subsidized imports.
Treatment of amendments to antidumping and countervailing duty law.’’.
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 77
and the provisions of title IV of the North American Free
Trade Agreement Implementation Act, as in effect on the day
before the date on which the USMCA enters into force, shall
continue to apply on and after that date with respect—
(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 (19 U.S.C. 1516a(a))
notice of which is published in the Federal Register before
such date, or to a determination described in paragraph
(2)(B)(vi) of that section notice of which is received by
the Government of Canada or Mexico before the date on
which the USMCA enters into force; and
(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.
SEC. 505. GOVERNMENT PROCUREMENT.
(a) GENERAL AUTHORITY TO MODIFY DISCRIMINATORY PURREQUIREMENTS.—Section 301 of the Trade Agreements
Act of 1979 (19 U.S.C. 2511) is amended—
(1) in subsection (b)(1), by striking ‘‘the North American
Free Trade Agreement’’ and inserting ‘‘the USMCA (as defined
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act)’’; and
(2) in subsection (e)—
(A) by striking ‘‘Annex 1001.1a–2 of the North American Free Trade Agreement’’ and inserting ‘‘Annex 13–
A of the USMCA (as defined in section 3 of the United
States-Mexico-Canada Agreement Implementation Act)’’;
and
(B) by striking ‘‘chapter 10 of such Agreement’’ and
inserting ‘‘chapter 13 of the USMCA’’.
(b) DEFINITIONS.—Section 308(4)(A)(ii) of the Trade Agreements
Act of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended—
(1) by striking ‘‘a party to the North American Free Trade
Agreement,’’ and inserting ‘‘Mexico, as a party to the USMCA
(as defined in section 3 of the United States-Mexico-Canada
Agreement Implementation Act),’’; and
(2) by striking ‘‘the North American Free Trade Agreement
for’’ and inserting ‘‘the USMCA for’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsections
(a) and (b) shall—
(A) take effect on the date on which the USMCA enters
into force; and
(B) apply with respect to a procurement on or after
that date.
(2) TRANSITION FROM NAFTA TREATMENT.—In the case of
a procurement before the date on which the USMCA enters
into force—
(A) the amendments made by subsections (a) and (b)
to sections 301 and 308 of the Trade Agreements Act of
1979 (19 U.S.C. 2511 and 2518) shall not apply with respect
to the contract; and
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CHASING
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19 USC 2511
note.
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PUBLIC LAW 116–113—JAN. 29, 2020
(B) sections 301 and 308 of such Act, as in effect
on the day before that date, shall continue to apply on
and after that date with respect to the contract.
SEC. 506. ACTIONS AFFECTING UNITED STATES CULTURAL INDUSTRIES.
(a) IN GENERAL.—Section 182(f) of the Trade Act of 1974 (19
U.S.C. 2242(f)) is amended—
(1) in paragraph (1)(C), by striking ‘‘article 2106 of the
North American Free Trade Agreement’’ and inserting ‘‘article
32.6 of the USMCA (as defined in section 3 of the United
States-Mexico-Canada Agreement Implementation Act)’’; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ‘‘article 2106 of the North American Free Trade
Agreement’’ and inserting ‘‘article 32.6 of the USMCA’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date on which the USMCA enters into
force.
19 USC 2242
note.
SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES.
42 USC 2296b–6
note.
(a) IN GENERAL.—Section 1017(c) of the Energy Policy Act
of 1992 (42 U.S.C. 2296b–6(c)) is amended by striking ‘‘North American Free Trade Agreement’’ and inserting ‘‘USMCA (as defined
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act)’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date on which the USMCA enters into
force.
SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW.
Not later than 180 days after the date of the enactment of
this Act, 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 a report setting forth a proposal
for technical and conforming amendments to the laws under the
jurisdiction of such committees, and other laws, necessary to fully
carry out the provisions of, and amendments made by, this Act.
TITLE VI—TRANSITION TO AND
EXTENSION OF USMCA
Subtitle A—Transitional Provisions
* SEC. 601. REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT.
The North American Free Trade Agreement Implementation
Act (Public Law 103–182; 19 U.S.C. 3301 et seq.) is repealed,
effective on the date on which the USMCA enters into force.
SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA
FREE-TRADE AGREEMENT.
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Section 501(c)(3) of the United States-Canada Free-Trade
Agreement Implementation Act of 1988 (Public Law 100–449; 19
U.S.C. 2112 note) is amended—
(1) in the paragraph heading, by striking ‘‘NAFTA’’ and
inserting ‘‘USMCA’’; and
* Note: Classifications for Section 601: 15 USC 1052 note; 19 USC 58c notes, 1304 note, 1313
note, 1499 note, 1593a note, 1677l, 2101 note, 2112 note, 2271 note, 2511 note, 2707 note, 3301
and note, 3311 and note, 3312–3317, 3331 and note, 3332–3335, 3351 and note, 3352–3358,
3381, 3382, 3391, 3401 note, 3411, 3421, 3431 note, 3451, 3461 and note, 3462, 3463, 3471–3473;
22 USC 290m—290m–5, 290m–7; 26 USC 3306 notes, 6103 notes, 6302 notes, 9505 note; 28
USC 1581 note.
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134 STAT. 79
(2) in the matter preceding subparagraph (A), by striking
‘‘between them of the North American Free Trade Agreement’’
and inserting ‘‘of the USMCA (as defined in section 3 of the
United States-Mexico-Canada Agreement Implementation
Act)’’.
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Subtitle B—Joint Reviews Regarding
Extension of USMCA
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SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND
MEXICO REGARDING EXTENSION OF THE TERM OF THE
USMCA AND OTHER ACTION REGARDING THE USMCA.
19 USC 4611.
(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 6year 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 section 135 of the Trade Act of 1974 (19 U.S.C.
2155) regarding that recommendation or position.
(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;
President.
Consultation.
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Assessment.
Recommendations.
Time period.
Reports.
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(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 section 135 of the Trade Act of 1974 (19 U.S.C.
2155) regarding the reasons described in subparagraph
(A) and any proposed action under subparagraph (C).
(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 section 202(a).
Deadline.
Briefing.
Subtitle C—Termination of USMCA
19 USC 4621.
SEC. 621. 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.
TITLE VII—LABOR MONITORING AND
ENFORCEMENT
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19 USC 4631.
SEC. 701. DEFINITIONS.
In this title:
(1) LABOR ATTACHE´ .—The term ‘‘labor attache´’’ means an
individual hired under subtitle B.
(2) LABOR OBLIGATIONS.—The term ‘‘labor obligations’’
means the obligations under chapter 23 of the USMCA (relating
to labor).
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134 STAT. 81
(3) MEXICO’S LABOR REFORM.—The term ‘‘Mexico’s labor
reform’’ means the legislation on labor reform enacted by
Mexico on May 1, 2019.
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Subtitle A—Interagency Labor Committee
for Monitoring and Enforcement
SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONITORING AND
ENFORCEMENT.
19 USC 4641.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the President shall establish an
Interagency Labor Committee for Monitoring and Enforcement (in
this title 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 the date of the enactment of this Act, 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 title.
Deadline.
President.
Coordination.
SEC. 712. DUTIES.
19 USC 4642.
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 attache´s 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.
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Time periods.
Coordination.
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(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 the date of the enactment of this Act and at
least annually for 5 years thereafter, with the Labor Advisory
Committee for Trade Negotiations and Trade Policy established
under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C.
2155(c)(1)) (or any successor advisory committee) to consult
and provide opportunities for input with respect to—
(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 section 714,
making recommendations relating to dispute settlement actions
to the Trade Representative, in accordance with section 715.
(7) Based on reports provided by the Forced Labor Enforcement Task Force under section 743, developing recommendations for appropriate enforcement actions by the Trade Representative.
(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 section 734.
Coordination.
Time period.
Consultation.
Recommendations.
Recommendations.
Reviews.
Reviews.
19 USC 4643.
SEC. 713. 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.
Reviews.
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19 USC 4644.
SEC. 714. ASSESSMENTS.
Time period.
(a) ONGOING ASSESSMENTS.—For the 10-year period beginning
on the date of the enactment of this Act, except as provided in
subsection (b), the Interagency Labor Committee shall assess on
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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 the date of the enactment
of this Act, 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.
Time periods.
SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION.
19 USC 4645.
(a) RECOMMENDATION TO INITIATE.—If the Interagency Labor
Committee determines, pursuant to an assessment under section
714, as a result of monitoring activities described in section 712(1),
or pursuant to a report of the Independent Mexico Labor Expert
Board that a USMCA country has failed to meets its labor obligations, including with respect to obligations under Annex 23–A of
the USMCA, the Committee shall recommend that the Trade Representative initiate enforcement actions 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.
Determination.
SEC. 716. PETITION PROCESS.
19 USC 4646.
Deadline.
Reports.
(a) IN GENERAL.—The Interagency Labor Committee shall
establish procedures for submissions by the public of information
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Determinations.
Review.
Deadline.
Certification.
Deadline.
Certification.
Reviews.
Deadlines.
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Determination.
Notification.
Time period.
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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 chapter
23 or chapter 31 of the USMCA.
(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 chapter 23 or chapter 31; or
(B) submit to the appropriate congressional committees
a notification including the reasons for which action was
not initiated within such 60-day period.
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134 STAT. 85
SEC. 717. HOTLINE.
19 USC 4647.
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.
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SEC. 718. REPORTS.
19 USC 4648.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, 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 section
716 and the use of the rapid response labor mechanism under
Annex 31–A of the USMCA;
(4) the results of the most recent assessment conducted
under section 714; and
(5) if, with respect to any report of the Independent Mexico
Labor Expert Board submitted under section 734 that includes
a determination described in paragraph (2) of such section,
the Interagency Labor Committee does not concur with such
determination, an explanation of the reasons for not concurring
in such determination and a commitment to provide an oral
briefing with respect to such explanation upon request.
(b) CONSULTATION RELATING TO ANNUAL ASSESSMENT.—On or
after the date that is 5 years after the date of the enactment
of this Act, 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 section 711(a), the Committee shall
jointly submit to the appropriate congressional committees—
(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
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Summary.
Effective date.
Deadline.
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(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.
Strategic plan.
Recommendations.
19 USC 4649.
SEC. 719. 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 section
135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) and the
Advisory Committee for Trade Policy and Negotiations established
under section 135(b) of such Act (or successor advisory committees)
and the appropriate congressional committees with respect to the
selection and appointment of candidates for the rapid response
labor panelists described in Annex 31–A of the USMCA.
(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.
Subtitle B—Mexico Labor Attache´s
19 USC 4661.
SEC. 721. 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 section 722.
19 USC 4662.
SEC. 722. 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.
Reports.
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19 USC 4663.
SEC. 723. STATUS.
Any officer or employee, while detailed or assigned under this
subtitle, 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.
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Subtitle C—Independent Mexico Labor
Expert Board
SEC. 731. ESTABLISHMENT.
19 USC 4671.
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 capacitybuilding activities needed to support such implementation and
compliance.
SEC. 732. MEMBERSHIP; TERM.
19 USC 4672.
(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 section 135(c)(1) of the Trade
Act of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory committee).
(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.
Appointments.
Consultations.
SEC. 733. FUNDING.
19 USC 4673.
The United States shall provide necessary funding to support
the work of the Board, including with respect to translation services
and personnel support.
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SEC. 734. REPORTS.
19 USC 4674.
For the 6-year period beginning on the date of the enactment
of this Act, and for an additional 4 years if the term of the Board
is extended in accordance with section 732(c), the Board shall
submit to appropriate congressional committees and to the Interagency Labor Committee an annual report that—
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(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.
Assessment.
Determination.
Subtitle D—Forced Labor
19 USC 4681.
SEC. 741. FORCED LABOR ENFORCEMENT TASK FORCE.
Deadline.
President.
(a) ESTABLISHMENT.—Not later than 90 days after the date
of the enactment of this Act, the President shall establish a Forced
Labor Enforcement Task Force to monitor United States enforcement of the prohibition under section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(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 section 307 of the Tariff Act.
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Time period.
19 USC 4682.
SEC. 742. TIMELINE REQUIRED.
Deadline.
(a) IN GENERAL.—Not later than 90 days after the establishment of the Forced Labor Enforcement Task Force pursuant to
section 741(a), the Task Force shall establish timelines for
responding to petitions submitted to the Commissioner of U.S.
Customs and Border Protection alleging that goods are being
imported by or with child or forced labor.
(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.
19 USC 4683.
SEC. 743. REPORTS REQUIRED.
The Forced Labor Enforcement Task Force shall submit to
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 section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
(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.
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(4) An enforcement plan regarding goods included in the
most recent ‘‘Findings on the Worst Forms of Child Labor’’
report submitted in accordance with section 504 of the Trade
Act of 1974 (19 U.S.C. 2464) and ‘‘List of Goods Produced
by Child Labor or Forced Labor’’ submitted in accordance with
section 105(b)(2)(C) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)).
(5) Such other information as the Forced Labor Enforcement Task Force considers appropriate with respect to monitoring and enforcing compliance with section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
SEC. 744. DUTIES RELATED TO MEXICO.
Enforcement
plan.
19 USC 4684.
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 section 307 of the Tariff Act with respect to Mexico,
including any allegations that may be filed with respect to
forced labor in Mexico.
Consultation.
Enforcement
plan.
Reports.
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Subtitle E—Enforcement Under Rapid
Response Labor Mechanism
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SEC. 751. TRANSMISSION OF REPORTS.
19 USC 4691.
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 section 135(c)(1) of the Trade
Act of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory committee),
and, as appropriate, the petitioner submitting information pursuant
to section 716. The Trade Representative shall also make each
such report publicly available in a timely manner.
Public
information.
SEC. 752. SUSPENSION OF LIQUIDATION.
19 USC 4692.
(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.
Notification.
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19 USC 4693.
SEC. 753. FINAL REMEDIES.
Determination.
Consultation.
(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 section
752; and
(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.
TITLE VIII—ENVIRONMENT
MONITORING AND ENFORCEMENT
19 USC 4701.
SEC. 801. DEFINITIONS.
In this title:
(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) chapter 1 of the USMCA (relating to initial provisions and general definitions); and
(B) chapter 24 of the USMCA (relating to environment).
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Subtitle
A—Interagency
Environment
Committee for Monitoring and Enforcement
19 USC 4711.
SEC. 811. ESTABLISHMENT.
Deadline.
President.
(a) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, the President shall establish an Interagency Environment Committee for Monitoring and Enforcement
(in this title 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—
Coordination.
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(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 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
subtitle.
Assessment.
SEC. 812. ASSESSMENT.
19 USC 4712.
President.
(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 section
135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)).
(d) UPDATE.—The Interagency Environment Committee shall—
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(1) update the assessment required by subsection (a) at
the appropriate time prior to submission of the report required
by section 816(a) that is to be submitted in the fifth year
after the USMCA enters into force; and
(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).
19 USC 4713.
Deadlines.
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Assessment.
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SEC. 813. 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 section 814 with respect to the USMCA
country.
(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 section 814 with respect to the USMCA country, the Committee
shall, not later than 30 days after the date on which it makes
the determination, provide to the appropriate congressional
committees a written explanation and justification of the determination.
(c) REVIEW OF REPORTS OF UNITED STATES ENVIRONMENT
ATTACHE´ S TO MEXICO.—The Interagency Environment Committee
shall—
(1) review each report submitted to the Committee under
section 822(b)(2); and
(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—
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(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 section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1))
regarding the public comments and relevant information
described in paragraph (1) and the actions taken under paragraph (2).
(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.
SEC. 814. ENFORCEMENT ACTIONS.
Deadline.
Time period.
19 USC 4714.
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 section 815 to initiate monitoring or enforcement
actions with respect to the USMCA country under the provisions of law described in section 815.
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SEC. 815. OTHER MONITORING AND ENFORCEMENT ACTIONS.
19 USC 4715.
(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 (16 U.S.C.
1361 et seq.).
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(b) MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEACT.—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 (16 U.S.C. 1801 et seq.).
(2) The Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 (16 U.S.C. 1891 et
seq.).
(3) The High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826d et seq.).
(4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k
note; 1857 note).
(5) The Shark Finning Prohibition Act (16 U.S.C. 1822
note).
(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 (22 U.S.C. 1978).
(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 (16 U.S.C. 7401 et seq.).
(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 (16 U.S.C. 1531
et seq.).
(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 (16 U.S.C. 3371 et seq.).
(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 (16 U.S.C. 703 et
seq.).
(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 (16 U.S.C.
7601 et seq.).
(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 (16
U.S.C. 4901 et seq.).
(j) CUSTOMS SEIZURE AND OTHER AUTHORITIES.—The Secretary
of Homeland Security has authority to take appropriate monitoring
or enforcement actions under section 499 of the Tariff Act of 1930
(19 U.S.C. 1499) or section 596 of such Act (19 U.S.C. 1595a).
(k) OTHER RELEVANT PROVISIONS OF LAW.—The Interagency
Environment Committee may request the heads of other Federal
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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.
SEC. 816. REPORT TO CONGRESS.
19 USC 4716.
(a) IN GENERAL.—The Trade Representative, in consultation
with the head of any Federal agency described in this subtitle,
shall submit to the appropriate congressional committees a report
on the implementation of this subtitle, 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 section 812(d).
(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.
Consultation.
SEC. 817. REGULATIONS.
19 USC 4717.
The head of any Federal agency described in this subtitle,
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 subtitle.
Consultation.
Assessment.
Determination.
Subtitle B—Other Matters
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SEC.
VerDate Sep 11 2014
821.
IMPROVEMENT
19 USC 4731.
(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 the
date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out
pursuant to this section.
(c) DEFINITIONS.—In this section:
Coordination.
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AUTHORITY.
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(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 section 212 of the Federal
Water Pollution Control Act.
SEC. 822. DETAIL OF PERSONNEL TO OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE.
19 USC 4732.
(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 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.
Reports.
Subtitle C—North American Development
Bank
SEC. 831. GENERAL CAPITAL INCREASE.
Part 2 of subtitle D of title V of Public Law 103–182 (22
U.S.C. 290m et seq.) is amended by adding at the end the following:
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22 USC 290m–7.
‘‘SEC. 547. FIRST CAPITAL INCREASE.
‘‘(a) SUBSCRIPTION AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary of the Treasury is authorized to subscribe on behalf of the United States to, and make
payment for, 150,000 additional shares of the capital stock
of the Bank.
‘‘(2) LIMITATION.—Any subscription by the United States
to the capital stock of the Bank shall be effective only to
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such extent and in such amounts as are provided in advance
in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—In order to pay for the increase in the
United States subscription to the Bank under subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $1,500,000,000 for payment by the Secretary of the
Treasury.
‘‘(2) ALLOCATION OF FUNDS.—Of the amount authorized
to be appropriated under paragraph (1)—
‘‘(A) $225,000,000 shall be for paid in shares of the
Bank; and
‘‘(B) $1,275,000,000 shall be for callable shares of the
Bank.’’.
SEC. 832. POLICY GOALS.
(a) IN GENERAL.—To the extent consistent with the mission
and scope of the North American Development Bank on the day
before the date of the enactment of this Act and pursuant to
section 2 of article II of the Charter, the Secretary of the Treasury
should direct the representatives of the United States to the Board
of Directors of the Bank to use the voice and vote of the United
States to give preference to the financing of projects related to
environmental infrastructure relating to water pollution, wastewater treatment, water conservation, municipal solid waste,
stormwater drainage, non-point pollution, and related matters.
(b) CHARTER DEFINED.—In this section, the term ‘‘Charter’’
means the Agreement Concerning the Establishment of a Border
Environment Cooperation Commission and a North American
Development Bank, signed at Washington and Mexico November
16 and 18, 1993, and entered into force January 1, 1994 (TIAS
12516), between the United States and Mexico.
SEC. 833. EFFICIENCIES AND STREAMLINING.
The Secretary of the Treasury should direct the representatives
of the United States to the Board of Directors of the North American
Development Bank to use the voice and vote of the United States
to seek to require the Bank to develop and implement efficiency
improvements to streamline and accelerate the project certification
and financing process, including through initiatives such as single
certifications for revolving facilities, programmatic certification of
similar groups of small projects, expansion of internal authority
to approve qualified projects below certain monetary thresholds,
and expedited certification for public sector projects subject to lender
bidding processes.
22 USC 290m–8
note.
22 USC 290m–8
note.
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SEC. 834. PERFORMANCE MEASURES.
(a) IN GENERAL.—The Secretary of the Treasury should direct
the representatives of the United States to the Board of Directors
of the North American Development Bank to use the voice and
vote of the United States to seek to require the Bank to develop
performance measures that—
(1) demonstrate how projects and financing approved by
the Bank are meeting the Bank’s mission and providing added
value to the region near the international land border between
the United States and Mexico; and
(2) are reviewed and updated not less frequently than
annually.
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Time period.
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134 STAT. 98
PUBLIC LAW 116–113—JAN. 29, 2020
(b) REPORT TO CONGRESS.—The Secretary of the Treasury shall
submit to Congress, with the submission to Congress of the budget
of the President for a fiscal year under section 1105(a) of title
31, United States Code, a report on progress in imposing the
performance measures described in subsection (a) of this section.
USMCA
Supplemental
Appropriations
Act, 2019.
TITLE IX—USMCA SUPPLEMENTAL APPROPRIATIONS ACT,
2019
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, for fiscal year 2020
and for other purposes, namely:
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
ANIMAL
AND
PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’, for
enforcement of the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.) during fiscal years 2020 through 2023 related to
trade activities between the United States and Mexico, $4,000,000,
to remain available until September 30, 2023: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC
AND
ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facilities’’, $16,000,000, to remain available until September 30, 2023:
Provided, That $8,000,000 shall be available to engage in cooperation with the Government of Mexico to combat illegal, unreported,
and unregulated fishing and enhance the implementation of the
Seafood Import Monitoring Program pursuant to 16 U.S.C. 1826
and 1829, during fiscal years 2020 through 2023: Provided further,
That $8,000,000 shall be available to carry out section 3 of the
Marine Debris Act (33 U.S.C. 1952) during fiscal years 2020 through
2023 in the North American region: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OFFICE
OF THE
UNITED STATES TRADE REPRESENTATIVE
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SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$50,000,000, to remain available until September 30, 2023: Provided, That $30,000,000 shall be available solely to provide for
additional capacity of the Office during fiscal years 2020 through
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 99
2023 to monitor compliance with labor obligations (as such term
is defined in section 701 of this Act), including the necessary
expenses of additional full-time employees to participate in the
Interagency Labor Committee for Monitoring and Enforcement
established pursuant to section 711 of this Act: Provided further,
That $20,000,000 shall be available to reimburse the necessary
expenses of personnel participating in the Interagency Environment
Committee for Monitoring and Enforcement established pursuant
to section 811 of this Act during fiscal years 2020 through 2023
to monitor compliance with environmental obligations (as such term
is defined in section 801 of this Act), including up to one additional
full-time employee detailed to the United States Embassy in Mexico
from each of the United States Fish and Wildlife Service, the
Environmental Protection Agency, and the National Oceanic and
Atmospheric Administration: Provided further, That, if the United
States Trade Representative determines that the additional amount
appropriated under this heading in this Act exceeds the amount
sufficient to provide for the reimbursement of personnel specified
in the previous proviso, such excess amounts may be used to
reimburse the necessary expenses of additional personnel participating in the Interagency Environment Committee for Monitoring
and Enforcement during fiscal years 2020 through 2023 to monitor
compliance with environmental obligations (as such term is defined
in section 801 of this Act): Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Determination.
Reimbursement.
Time period.
TRADE ENFORCEMENT TRUST FUND
For an additional amount for the ‘‘Trade Enforcement Trust
Fund’’, $40,000,000, to remain available until September 30, 2023,
to carry out the enforcement of environmental obligations under
the USMCA, including for state-to-state dispute settlement actions,
during fiscal years 2020 through 2023: Provided, That, amounts
appropriated in this paragraph shall not count toward the limitation
specified in section 611(b)(2) of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405): Provided further, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH
AND
WILDLIFE SERVICE
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RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Management’’, to
enforce the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.) and sections 42 and 43 of title 18, United States Code, with
respect to goods imported or exported between the United States
and Mexico, during fiscal years 2020 through 2023, $4,000,000,
to remain available until September 30, 2023: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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134 STAT. 100
PUBLIC LAW 116–113—JAN. 29, 2020
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS
AND
MANAGEMENT
For an additional amount for ‘‘Environmental Programs and
Management’’ for necessary expenses for carrying out the Environmental Protection Agency’s efforts through the Commission for
Environmental Cooperation during fiscal years 2020 through 2023,
to reduce pollution, strengthen environmental governance, conserve
biological diversity, and sustainably manage natural resources,
$4,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
STATE
AND
TRIBAL ASSISTANCE GRANTS
For an additional amount for ‘‘State and Tribal Assistance
Grants’’ for architectural, engineering, planning, design, construction and related activities in connection with the construction of
high priority wastewater facilities in the area of the United StatesMexico Border, after consultation with the appropriate border
commission, $300,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF LABOR
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
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Detailed
employees.
Reports.
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For an additional amount for ‘‘Salaries and Expenses’’,
$210,000,000, for the Bureau of International Labor Affairs to
administer or operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs, by
or through contracts, grants, subgrants and other arrangements;
of which $180,000,000, to remain available until December 31,
2023, shall be used to support reforms of the labor justice system
in Mexico, including grants to support worker-focused capacity
building, efforts to reduce workplace discrimination in Mexico,
efforts to reduce child labor and forced labor in Mexico, efforts
to reduce human trafficking, efforts to reduce child exploitation,
and other efforts related to implementation of the USMCA; and
of which $30,000,000, to remain available until September 30, 2027,
shall be available to provide for additional capacity of the Bureau
of International Labor Affairs during fiscal years 2020 through
2027 to monitor compliance with labor obligations (as such term
is defined in section 701 of this Act), including the necessary
expenses of additional full-time employees of the Bureau to participate in the Interagency Labor Committee for Monitoring and
Enforcement established pursuant to section 711 of this Act: Provided, That the Secretary of Labor may detail or assign up to
5 additional full-time employees of the Bureau to the United States
Embassy or consulates in Mexico to (1) assist in monitoring and
enforcement actions with respect to the labor obligations of Mexico,
and (2) prepare a report, to be submitted on a quarterly basis
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PUBLIC LAW 116–113—JAN. 29, 2020
134 STAT. 101
to the Interagency Labor Committee for Monitoring and Enforcement through September 30, 2027, on the efforts of Mexico to
comply with labor obligations (as such term is defined in section
701 of this Act): Provided further, That such employees, while
detailed or assigned, shall continue to receive compensation, allowances, and benefits from funds made available to the Bureau for
purposes related to the activities of the detail or assignment, in
accordance with authorities related to their employment status
and agency policies: Provided further, That such amount is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
MULTILATERAL ASSISTANCE
INTERNATIONAL FINANCIAL INSTITUTIONS
CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK
For payment to the North American Development Bank by
the Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock, $215,000,000, to
remain available until expended: Provided, That the authorities
and conditions applicable to accounts in title V of the Department
of State, Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116–6) shall apply to the
amounts provided under this heading: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Applicability.
GENERAL PROVISIONS—THIS TITLE
SEC. 901. Each amount appropriated or made available by
this title is in addition to any amounts otherwise appropriated
for any of the fiscal years involved.
SEC. 902. No part of any appropriation contained in this title
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 903. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts
shall be available under the authorities and conditions applicable
to such appropriations accounts for fiscal year 2020.
SEC. 904. Each amount designated in this title by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred,
if applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
President.
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BUDGETARY EFFECTS
SEC. 905. (a) STATUTORY PAYGO SCORECARDS.—The budgetary
effects of this title shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay As-YouGo Act of 2010.
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PUBL113
134 STAT. 102
PUBLIC LAW 116–113—JAN. 29, 2020
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
title shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of this title shall be estimated for purposes
of section 251 of such Act.
This title may be cited as the ‘‘USMCA Supplemental Appropriations Act, 2019’’.
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Approved January 29, 2020.
LEGISLATIVE HISTORY—H.R. 5430:
HOUSE REPORTS: No. 116–358, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD:
Vol. 165 (2019): Dec. 19, considered and passed House.
Vol. 166 (2020): Jan. 15, 16, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Jan. 29, Presidential remarks.
Æ
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PUBL113
| File Type | application/pdf |
| File Title | untitled |
| File Modified | 2020-12-29 |
| File Created | 2020-06-16 |