United States-Mexico-Canada Agreement Implementation Act

United States-Mexico-Canada Agreement Implementation

Act

[Public Law 116–113]

[As Amended Through P.L. 116–260, Enacted December 27, 2020]

øCurrency: This publication is a compilation of the text of Public Law 116–113. It

was last amended by the public law listed in the As Amended Through note above

and below at the bottom of each page of the pdf version and reflects current law

through the date of the enactment of the public law listed at https://

www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal

statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large

and in the United States Code. The legal effect to be given to the Statutes at

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

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 Replac-

ing 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) ø19 U.S.C. 4501 note¿ S

HORT

ITLE

.—This Act may be cited

as the ‘‘United States-Mexico-Canada Agreement Implementation

Act’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act is

as follows:

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 regula-

tions; 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 agri-

culture 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.

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Section 503(e) of this Act provides for an amendment to strike the item relating to subtitle

A of title III and insert a new subtitle B and item relating to section 311, which should

have been made to subtitle B rather than to subtitle A; however, was executed to effectuate

the probable intent of Congress.

Sec. 205. Reliquidation of entries.

Sec. 206. Recordkeeping requirements.

Sec. 207. Actions regarding verification of claims under the USMCA.

Sec. 208. Drawback.

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

Sec. 301. USMCA article impact in import relief cases under the Trade Act of 1974.

Sec. 302. Presidential action regarding USMCA imports.

Subtitle B—Temporary Entry of Business Persons

Sec. 311. Temporary entry.

Subtitle C—United States-Mexico Cross-Border Long-Haul Trucking Services

Sec. 321. Definitions.

Sec. 322. Investigations and determinations by Commission.

Sec. 323. Commission recommendations and report.

Sec. 324. Action by President with respect to affirmative determination.

Sec. 325. Confidential business information.

Sec. 326. Conforming amendments.

Sec. 327. 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

Sec. 411. References in subtitle.

Sec. 412. Organizational and administrative provisions.

Sec. 413. Testimony and production of papers in extraordinary challenges.

Sec. 414. Requests for review of determinations by competent investigating authori-

ties.

Sec. 415. Rules of procedure for panels and committees.

Sec. 416. Subsidy negotiations.

Sec. 417. Identification of industries facing subsidized imports.

Sec. 418. Treatment of amendments to antidumping and countervailing duty law.

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.

TITLE V—TRANSFER PROVISIONS AND OTHER AMENDMENTS

Sec. 501. Drawback.

Sec. 502. Relief from injury caused by import competition.

Sec. 503. Temporary entry.

Sec. 504. Dispute settlement in antidumping and countervailing duty cases.

Sec. 505. Government procurement.

Sec. 506. Actions affecting United States cultural industries.

Sec. 507. Regulatory treatment of uranium purchases.

Sec. 508. Report on amendments to existing law.

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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 Agree-

ment.

Subtitle B—Joint Reviews Regarding Extension of USMCA

Sec. 611. Participation in joint reviews with Canada and Mexico regarding exten-

sion 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.

Subtitle A—Interagency Labor Committee for Monitoring and Enforcement

Sec. 711. Interagency labor committee for monitoring and enforcement.

Sec. 712. Duties.

Sec. 713. Enforcement priorities.

Sec. 714. Assessments.

Sec. 715. Recommendation for enforcement action.

Sec. 716. Petition process.

Sec. 717. Hotline.

Sec. 718. Reports.

Sec. 719. Consultations on appointment and funding of rapid response labor panel-

ists.

Subtitle B—Mexico Labor Attache

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.

Sec. 734. Reports.

Subtitle D—Forced Labor

Sec. 741. Forced labor enforcement task force.

Sec. 742. Timeline required.

Sec. 743. Reports required.

Sec. 744. 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.

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Subtitle B—Other Matters

Sec. 821. Border water infrastructure improvement authority.

Sec. 822. Detail of personnel to Office of the United States Trade Representative.

Subtitle C—North American Development Bank

Sec. 831. General capital increase.

Sec. 832. Policy goals.

Sec. 833. Efficiencies and streamlining.

Sec. 834. Performance measures.

TITLE IX—USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

SEC. 2. ø19 U.S.C. 4501¿ PURPOSE.

The purpose of this Act is to approve and implement the

Agreement between the United States of America, the United

Mexican States, and Canada entered into under the authority of

section 103(b) of the Bipartisan Congressional Trade Priorities and

Accountability Act of 2015 (19 U.S.C. 4202(b)).

SEC. 3. ø19 U.S.C. 4502¿ DEFINITIONS.

In this Act:

(1) A

PPROPRIATE 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) I

DENTICAL 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) I

NTERNATIONAL TRADE COMMISSION

.—The term ‘‘Inter-

national Trade Commission’’ means the United States Inter-

national Trade Commission.

(5) M

EXICO

.—The term ‘‘Mexico’’ means the United Mexi-

can States.

(6) NAFTA.—The term ‘‘NAFTA’’ means the North Amer-

ican Free Trade Agreement approved by Congress under sec-

tion 101(a)(1) of the North American Free Trade Agreement

Implementation Act (19 U.S.C. 3311(a)(1)).

(7) P

REFERENTIAL TARIFF TREATMENT

.—The term ‘‘pref-

erential tariff treatment’’ means the customs duty rate that is

applicable to an originating good (as defined in section 202(a))

under the USMCA.

(8) T

RADE REPRESENTATIVE

.—The term ‘‘Trade Representa-

tive’’ 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 Agree-

ment between the United States of America, the United

Mexican States, and Canada, done at Buenos Aires on No-

vember 30, 2018, as amended by the Protocol of Amend-

ment 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).

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(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

SEC. 101. ø19 U.S.C. 4511¿ APPROVAL AND ENTRY INTO FORCE OF THE

USMCA.

(a) A

PPROVAL OF

USMCA

AND

TATEMENT OF

DMINISTRATIVE

CTION

.—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 im-

plement that Agreement, as submitted to Congress on Decem-

ber 13, 2019.

(b) C

ONDITIONS FOR

NTRY

NTO

ORCE OF THE

GREEMENT

.—

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 writ-

ten notice required by section 106(a)(1)(G) of the Bipartisan Con-

gressional 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. ø19 U.S.C. 4512¿ RELATIONSHIP OF THE USMCA TO UNITED

STATES AND STATE LAW.

(a) R

ELATIONSHIP OF

USMCA

NITED

TATES

.—

(1) U

NITED STATES LAW TO PREVAIL IN CONFLICT

.—No pro-

vision 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) C

ONSTRUCTION

.—Nothing in this Act shall be con-

strued—

(A) to amend or modify any law of the United States,

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(B) to limit any authority conferred under any law of

the United States,unless specifically provided for in this

Act.

(b) R

ELATIONSHIP OF

USMCA

TATE

.—

(1) L

EGAL CHALLENGE

.—No State law, or the application

thereof, may be declared invalid as to any person or cir-

cumstance 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 ap-

plication invalid.

(2) D

EFINITION OF STATE LAW

.—For purposes of this sub-

section, 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.

FFECT OF

USMCA W

ITH

ESPECT TO

RIVATE

EMEDIES

.—

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 provi-

sion 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 ac-

tion or inaction is inconsistent with the USMCA.

SEC. 103. ø19 U.S.C. 4513¿ IMPLEMENTING ACTIONS IN ANTICIPATION

OF ENTRY INTO FORCE; INITIAL REGULATIONS; TARIFF

PROCLAMATION AUTHORITY.

(a) I

MPLEMENTING

CTIONS

.—

(1) P

ROCLAMATION AUTHORITY

.—After the date of the en-

actment 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 im-

plemented on such date, but no such proclamation or regu-

lation may have an effective date earlier than the date on

which the USMCA enters into force.

(2) E

FFECTIVE 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 pro-

visions 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) W

AIVER 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 re-

striction would prevent the taking effect on the date on which

the USMCA enters into force of any action proclaimed under

this section.

(b) I

NITIAL

EGULATIONS

.—

(1) I

N GENERAL

.—Except as provided by paragraph (2) or

(3), initial regulations necessary or appropriate to carry out the

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actions required by or authorized under this Act or proposed

in the statement of administrative action approved under sec-

tion 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) U

NIFORM REGULATIONS

.—Interim or initial regulations

to implement the Uniform Regulations regarding rules of ori-

gin provided for under article 5.16 of the USMCA shall be pre-

scribed not later than the date on which the USMCA enters

into force.

(3) I

MPLEMENTING 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.

ARIFF

ODIFICATIONS

.—

(1) T

ARIFF 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,

to be necessary or appropriate to carry out or apply arti-

cles 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 appen-

dices to that Annex, Annex 2-C, and Annex 6-A, of the

USMCA.

(2) O

THER TARIFF MODIFICATIONS

.—Subject to the consulta-

tion 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 appen-

dices to that Annex,

(D) such additional duties,as the President determines

to be necessary or appropriate to maintain the general

level of reciprocal and mutually advantageous concessions

with respect to a USMCA country provided for by the

USMCA.

(3) C

ONVERSION 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) T

ARIFF

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

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may be necessary to ensure that imports of agricultural goods

do not disrupt the orderly marketing of agricultural goods in

the United States.

(5) P

RESIDENTIAL PROCLAMATION AUTHORITY RELATING TO

RULES OF ORIGIN

.—

(A) I

N 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 arti-

cle 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) M

ODIFICATIONS

.—

(i) I

N 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) S

PECIAL RULE FOR TEXTILES

.—Notwithstanding

clause (i), and subject to the consultation and layover

provisions of section 104, the President may pro-

claim—

(I) such modifications to the provisions pro-

claimed 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 begin-

ning 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.

SEC. 104. ø19 U.S.C. 4514¿ CONSULTATION AND LAYOVER PROVISIONS

FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

If a provision of this Act provides that the implementation of

an action by the President by proclamation is subject to the con-

sultation and layover requirements of this section, that action may

be proclaimed only if—

(1) the President has obtained advice regarding the pro-

posed action from—

(A) the appropriate advisory committees established

under section 135 of the Trade Act of 1974 (19 U.S.C.

2155); and

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(B) the International Trade Commission, which shall

hold a public hearing on the proposed action before pro-

viding advice regarding the proposed action;

(2) the President has submitted to the Committee on Fi-

nance 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 re-

ferred to in paragraph (2) regarding the proposed action during

the period referred to in paragraph (3).

SEC. 105. ø19 U.S.C. 4515¿ ADMINISTRATION OF DISPUTE SETTLEMENT

PROCEEDINGS.

(a) U

NITED

TATES

ECTION OF

ECRETARIAT

.—

(1) E

STABLISHMENT OR DESIGNATION OF OFFICE

.—The

President is authorized to establish or designate within the De-

partment of Commerce an office to serve as the United States

Section of the Secretariat established under article 30.6 of the

USMCA.

(2) F

UNCTIONS AND ADMINISTRATIVE ASSISTANCE

.—The of-

fice established or designated under paragraph (1), subject to

the oversight of the interagency group established under sec-

tion 411(c)(2), shall—

(A) carry out its functions within the Secretariat to fa-

cilitate the operation of the USMCA, including the oper-

ation 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 cov-

ered by article 34.1 of the USMCA (relating to transi-

tion from NAFTA).

(3) T

REATMENT OF OFFICE UNDER FREEDOM OF INFORMA

TION ACT

.—The office established or designated under para-

graph (1) shall not be considered an agency for purposes of sec-

tion 552 of title 5, United States Code.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated for each fiscal year after fiscal year 2020 to the

Department of Commerce $2,000,000 for—

(1) the operations of the office established or designated

under subsection (a)(1); and

(2) the payment of the United States share of the expenses

of—

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(A) panels established under chapter 31 of the

USMCA, including under Annex 31-A (relating to the Fa-

cility-Specific Rapid Response Labor Mechanism);

(B) binational panels and extraordinary challenge

committees established under section D of chapter 10 of

the USMCA; and

committees established under NAFTA for matters covered

by article 34.1 of the USMCA (relating to transition from

NAFTA).

EIMBURSEMENT OF

ERTAIN

XPENSES

.—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, not-

withstanding section 3302 of title 31, United States Code, retain

and use such funds to carry out the functions described in sub-

section (a)(2).

SEC. 106. ø19 U.S.C. 4516¿ TRADE REPRESENTATIVE AUTHORITY.

If a country (other than the United States) that has signed the

USMCA does not enact implementing legislation, the Trade Rep-

resentative 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. ø19 U.S.C. 4501 note¿ EFFECTIVE DATE.

(a) I

ENERAL

.—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) P

ROCLAMATION

UTHORITY

.—Section 103(c) shall take effect

on the date on which the USMCA enters into force.

TITLE II—CUSTOMS PROVISIONS

SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES

FROM SPECIAL AGRICULTURE SAFEGUARD AUTHORITY.

(a) I

ENERAL

.—Section 405(e) of the Uruguay Round Agree-

ments Act (19 U.S.C. 3602(e)) is amended to read as follows:

‘‘(e) E

XCLUSION OF

RIGINATING

OODS OF

USMCA C

OUN

TRIES

.—

‘‘(1) I

N 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 States-Mex-

ico-Canada Agreement Implementation Act of a USMCA coun-

try with respect to which preferential tariff treatment is pro-

vided under the USMCA.

‘‘(2) D

EFINITIONS

.—In this subsection, the terms ‘pref-

erential 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) ø19 U.S.C. 3602 note¿ E

FFECTIVE

ATE

.—

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(1) I

N GENERAL

.—The amendment made by subsection (a)

shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a good entered for consump-

tion, or withdrawn from warehouse for consumption, on or

after that date.

(2) T

RANSITION 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.

SEC. 202. ø19 U.S.C. 4531¿ RULES OF ORIGIN.

(a) D

EFINITIONS

.—In this section:

(1) A

QUACULTURE

.—The term ‘‘aquaculture’’ means the

farming of aquatic organisms, including fish, molluscs, crusta-

ceans, other aquatic invertebrates, and aquatic plants from

seed stock such as eggs, fry, fingerlings, or larvae, by interven-

tion in the rearing or growth processes to enhance production

such as regular stocking, feeding, or protection from predators.

(2) C

USTOMS VALUATION AGREEMENT

.—The term ‘‘Customs

Valuation Agreement’’ means the Agreement on Implementa-

tion 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) F

UNGIBLE GOOD OR FUNGIBLE MATERIAL

.—The term

‘‘fungible good’’ or ‘‘fungible material’’ means a good or mate-

rial, 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) G

OOD 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 sub-

stance 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.

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.

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(F) A good obtained in the territory of one or more

USMCA countries from aquaculture.

(G) A fish, shellfish, or other marine life taken from

the sea, seabed, or subsoil outside the territory of one or

more USMCA countries and outside the territorial sea of

any country that is not a USMCA country by—

(i) a vessel that is registered or recorded with a

USMCA country and flying the flag of that country; or

(ii) a vessel that is documented under the laws of

the United States.

(H) A good produced on board a factory ship from

goods referred to in subparagraph (G), if such factory

ship—

(i) is registered or recorded with a USMCA coun-

try 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 subpara-

graph (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 deriva-

tives, at any stage of production.

(5) I

NDIRECT 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;

maintenance of equipment or buildings;

(D) lubricants, greases, compounding materials, and

other materials used or consumed in production or to oper-

ate equipment or buildings;

(E) gloves, glasses, footwear, clothing, safety equip-

ment, 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.

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(6) I

NTERMEDIATE MATERIAL

.—The term ‘‘intermediate ma-

terial’’ means a material that is self-produced, used or con-

sumed in the production of a good, and designated as an inter-

mediate material pursuant to subsection (d)(9).

(7) M

ATERIAL

.—The term ‘‘material’’ means a good that is

used or consumed in the production of another good and in-

cludes a part or an ingredient.

(8) N

ET COST

.—The term ‘‘net cost’’ means total cost minus

sales promotion, marketing, and after-sales service costs, royal-

ties, shipping and packing costs, and nonallowable interest

costs that are included in the total cost.

(9) N

ET 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) N

ONALLOWABLE INTEREST COSTS

.—The term ‘‘non-

allowable interest costs’’ means interest costs incurred by a

producer that exceed 700 basis points above the applicable offi-

cial interest rate for comparable maturities of the country in

which the producer is located.

(11) N

ONORIGINATING GOOD OR NONORIGINATING MATE

RIAL

.—The term ‘‘nonoriginating good’’ or ‘‘nonoriginating ma-

terial’’ means a good or material, as the case may be, that does

not qualify as originating under this section.

(12) O

RIGINATING 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) P

ACKAGING MATERIALS AND CONTAINERS

.—The term

‘‘packaging materials and containers’’ means materials and

containers in which a good is packaged for retail sale.

(14) P

ACKING MATERIALS AND CONTAINERS

.—The term

‘‘packing materials and containers’’ means materials and con-

tainers that are used to protect a good during transportation.

(15) P

RODUCER

.—The term ‘‘producer’’ means a person who

engages in the production of a good.

(16) P

RODUCTION

.—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 aqua-

culture.

(17) R

EASONABLY ALLOCATE

.—The term ‘‘reasonably allo-

cate’’ means to apportion in a manner appropriate to the cir-

cumstances.

(18) R

ECOVERED MATERIAL

.—The term ‘‘recovered mate-

rial’’ 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 proc-

essing that is necessary for improvement to sound working

condition of such individual parts.

(19) R

EMANUFACTURED GOOD

.—The term ‘‘remanufactured

good’’ means a good classified in the HTS under any of chap-

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ters 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 mate-

rials;

(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

to such a good when new.

(20) R

OYALTIES

.—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 se-

cret 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, soft-

ware design and similar computer services, or other serv-

ices.

(21) S

ALES PROMOTION

MARKETING

AND AFTER

SALES

SERVICE COSTS

.—The term ‘‘sales promotion, marketing, and

after-sales service costs’’ means the costs related to sales pro-

motion, marketing, and after-sales service for the following:

(A) Sales and marketing promotion, media advertising,

advertising and market research, promotional and dem-

onstration materials, exhibits, sales conferences, trade

shows, conventions, banners, marketing displays, free sam-

ples, sales, marketing, and after-sales service literature

(product brochures, catalogs, technical literature, price

lists, service manuals, and sales aid information), estab-

lishment and protection of logos and trademarks, sponsor-

ships, wholesale and retail charges, and entertainment.

(B) Sales and marketing incentives, consumer, re-

tailer, or wholesaler rebates, and merchandise incentives.

benefits (such as medical, insurance, and pension benefits),

traveling and living expenses, and membership and profes-

sional fees for sales promotion, marketing, and after-sales

service personnel.

(D) Product liability insurance.

(E) Rent and depreciation of sales promotion, mar-

keting, and after-sales service offices and distribution cen-

ters.

(F) Payments by the producer to other persons for

warranty repairs.

(G) If the costs are identified separately for sales pro-

motion, marketing, or after-sales service of goods on the fi-

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nancial statements or cost accounts of the producer, the

following:

(i) Property insurance premiums, taxes, utilities,

and repair and maintenance of sales promotion, mar-

keting, and after-sales service offices and distribution

centers.

(ii) Recruiting and training of sales promotion,

marketing, and after-sales service personnel, and

after-sales training of customers’ employees.

(iii) Office supplies for sales promotion, marketing,

and after-sales service of goods.

(iv) Telephone, mail, and other communications.

(22) S

ELF

PRODUCED MATERIAL

.—The term ‘‘self-produced

material’’ means a material that is produced by the producer

of a good and used in the production of that good.

(23) S

HIPPING 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) T

ERRITORY

.—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) T

OTAL COST

.—

(A) I

N 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 re-

tained by the producer or paid out to other per-

sons as dividends; or

(II) taxes paid on those profits, including cap-

ital gains taxes.

(B) O

THER DEFINITIONS

.—In this paragraph:

(i) O

THER 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) P

ERIOD 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) P

RODUCT 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) T

RANSACTION 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 Valu-

ation Agreement.

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(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) V

ALUE

.—The term ‘‘value’’ means the value of a good

or material for purposes of calculating customs duties or apply-

ing this section.

(b) A

PPLICATION AND

NTERPRETATION

.—In this section:

(1) T

ARIFF CLASSIFICATION

.—The basis for any tariff classi-

fication is the HTS.

(2) R

EFERENCE 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) C

OST OR VALUE

.—Any cost or value referred to in this

section with respect to a good shall be recorded and main-

tained in accordance with the generally accepted accounting

principles applicable in the territory of the USMCA country in

which the good is produced.

RIGINATING

OODS

.—

(1) I

N 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 sec-

tion, a good is an originating good if—

(A) the good is a good wholly obtained or produced en-

tirely 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

or more USMCA countries, exclusively from originating

materials;

(D) except for a good provided for under any of chap-

ters 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 classi-

fied 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 as-

sembled 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

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method is used and the good satisfies all other applica-

ble 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) R

EMANUFACTURED GOODS

.—For purposes of deter-

mining 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 recov-

ered material is used or consumed in the production of, and in-

corporated into, the remanufactured good.

(3) S

PECIAL RULE FOR FOREIGN

TRADE ZONES

.—Paragraph

(1)(B) shall not apply to a good produced in a foreign-trade

zone or subzone established pursuant to the Act of June 18,

1934 (commonly known as the ‘‘Foreign Trade Zones Act’’) (19

U.S.C. 81a et seq.) that is entered for consumption in the cus-

toms territory of the United States.

(d) R

EGIONAL

ALUE

ONTENT

.—

(1) I

N 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 para-

graph (2); or

(B) the net cost method described in paragraph (3).

(2) T

RANSACTION VALUE METHOD

.—

(A) I

N 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 meth-

od:

................................................... TV-VNM .........................................

RVC = ............................................. lllll ............................... × 100

................................................... TV ..................................................

(B) D

EFINITIONS

.—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 in-

curred 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) N

ET COST METHOD

.—

(A) I

N 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:

................................................... NC-VNM .........................................

RVC = ............................................. lllll ............................... × 100

................................................... NC .................................................

(B) D

EFINITIONS

.—In this paragraph:

(i) NC.—The term ‘‘NC’’ means the net cost of the

good.

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(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) V

ALUE OF NONORIGINATING MATERIALS

.—

(A) I

N GENERAL

.—The value of nonoriginating mate-

rials 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 con-

sumed in the production of the good.

(B) S

PECIAL RULE FOR CERTAIN COMPONENTS

.—The fol-

lowing components of the value of nonoriginating mate-

rials used by the producer in the production of a good may

be counted as originating content for purposes of deter-

mining 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 ma-

terials 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 ma-

terials undertaken in the territory of one or more

USMCA countries.

(5) N

ET COST METHOD REQUIRED IN CERTAIN CASES

.—An

importer, exporter, or producer of a good shall calculate the re-

gional value content of the good solely on the basis of the net

cost method described in paragraph (3) if the rule for the good

set forth in Annex 4-B of the USMCA includes a regional value

content requirement not based on the transaction value meth-

od described in paragraph (2).

(6) N

ET COST METHOD ALLOWED FOR ADJUSTMENTS

.—

(A) I

N 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) R

EVIEW OF ADJUSTMENT

.—Nothing in subpara-

graph (A) shall be construed to prevent any review or ap-

peal 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 produc-

tion of a good.

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(7) C

ALCULATING NET COST

.—The producer of a good may,

consistent with regulations implementing this section, cal-

culate 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, royal-

ties, 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 pro-

motion, 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 allo-

cated to the good; or

total cost incurred with respect to the good so that the ag-

gregate of those costs does not include any sales pro-

motion, marketing, and after-sales service costs, royalties,

shipping and packing costs, and nonallowable interest

costs.

(8) V

ALUE OF MATERIALS USED IN PRODUCTION

.—For pur-

poses of calculating the regional value content of a good under

this subsection, applying the de minimis rules under sub-

section (f), and calculating the value of nonoriginating compo-

nents in a set under subsection (m), the value of a material

used in the production of a good is—

(A) in the case of a material that is imported by the

producer of the good, the transaction value of the material

at the time of importation, including the costs incurred in

the international shipment of the material;

(B) in the case of a material acquired in the territory

in which the good is produced—

(i) the price paid or payable by the producer in the

USMCA country where the producer is located;

(ii) the value as determined under subparagraph

(A), as set forth in regulations prescribed by the Sec-

retary 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 pay-

able in the territory of the country; or

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) I

NTERMEDIATE MATERIALS

.—

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(A) I

N 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 pur-

poses of calculating the regional value content of the good

under paragraph (2) or (3).

(B) M

ATERIALS USED IN PRODUCTION OF INTERMEDIATE

MATERIALS

.—If a self-produced material is designated as

an intermediate material under subparagraph (A) for pur-

poses 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 pro-

ducer as an intermediate material.

(10) F

URTHER 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 lo-

cation of the producer.

(B) Duties, taxes, and customs brokerage fees on the

material paid in the territory of one or more USMCA coun-

tries, other than duties or taxes that are waived, refunded,

refundable, or otherwise recoverable, including credit

against duty or tax paid or payable.

use of the material in the production of the good, less the

value of renewable scrap or byproducts.

(e) A

CCUMULATION

.—

(1) P

RODUCERS

.—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 sec-

tion.

(2) O

RIGINATING MATERIALS USED IN PRODUCTION OF GOODS

OF A USMCA COUNTRY

.—Originating materials from the terri-

tory of one or more USMCA countries that are used in the pro-

duction of a good in the territory of another USMCA country

shall be considered to originate in the territory of such other

USMCA country.

(3) P

RODUCTION UNDERTAKEN ON NONORIGINATING MATE

RIALS USED IN THE PRODUCTION OF GOODS

.—In determining

whether a good is an originating good under this section, pro-

duction 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, regard-

less of whether that production is sufficient to confer origi-

nating status to the nonoriginating material.

(f) D

INIMIS

MOUNTS OF

ONORIGINATING

ATERIALS

.—

(1) I

N 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—

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(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 in-

curred 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

cluded in the value of nonoriginating materials for any ap-

plicable regional value content requirement for the good.

(2) E

XCEPTIONS FOR DAIRY AND OTHER PRODUCTS

.—Para-

graph (1) does not apply to the following:

(A) A nonoriginating material of headings 0401

through 0406, or a nonoriginating dairy preparation con-

taining over 10 percent by dry weight of milk solids of sub-

heading 1901.90 or 2106.90, used or consumed in the pro-

duction of a good of headings 0401 through 0406.

(B) A nonoriginating material of headings 0401

through 0406, or nonoriginating dairy preparation con-

taining over 10 percent by dry weight of milk solids of sub-

heading 1901.90 or 2106.90, used or consumed in the pro-

duction 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 per-

cent by dry weight of milk solids, of subheading

1901.90 or 2106.90.

(iv) A good of heading 2105.

(v) Beverages containing milk of subheading

2202.90.

(vi) Animal feeds containing over 10 percent by

dry weight of milk solids of subheading 2309.90.

of subheadings 2009.11 through 2009.39, used or con-

sumed 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, con-

centrated 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.

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of division O of Public Law 116–260.

(E) A nonoriginating material of chapter 15 used or

consumed in the production of a good of any of headings

1501 through 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 chap-

ter 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, for-

tified with minerals or vitamins); or

(ii) tariff item 2202.99.37 (mixtures of fruit or veg-

etable 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) G

OODS 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 chap-

ters 1 through 27 unless the nonoriginating material is pro-

vided for in a different subheading than the subheading of the

good for which origin is being determined.

(4) T

EXTILE OR APPAREL GOODS

.—

(A) G

OODS CLASSIFIED UNDER CHAPTERS 50 THROUGH

.—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 clas-

sification 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) G

OODS CLASSIFIED UNDER CHAPTERS 61 THROUGH

.—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

used in the production of the component of the good that

determines the tariff classification of the good do not un-

dergo 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

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more than 10 percent of the total weight of the component

and the good meets all other applicable requirements of

this section.

OODS CONTAINING NONORIGINATING ELASTOMERIC

YARNS

.—

(i) G

OODS CLASSIFIED UNDER CHAPTERS 50

THROUGH 60 OR HEADING 9619

.—A textile or apparel

good described in subparagraph (A) containing non-

originating elastomeric yarns shall be considered to be

an originating good only if the nonoriginating elas-

tomeric yarns contained in the good do not exceed 7

percent of the total weight of the good.

(ii) G

OODS CLASSIFIED UNDER CHAPTERS 61

THROUGH 63

.—A textile or apparel good described in

subparagraph (B) containing nonoriginating elas-

tomeric yarns shall be considered to be an originating

good only if the nonoriginating elastomeric yarns con-

tained in the component of the good that determines

the tariff classification of the good do not exceed 7 per-

cent of the total weight of the good.

(g) F

UNGIBLE

OODS AND

ATERIALS

.—

(1) F

UNGIBLE MATERIALS USED IN PRODUCTION

.—Subject to

paragraph (3), if originating and nonoriginating fungible mate-

rials are used or consumed in the production of a good, the de-

termination of whether the materials are originating may be

made on the basis of any of the inventory management meth-

ods set forth in regulations implementing this section.

(2) F

UNGIBLE GOODS COMMINGLED AND EXPORTED

.—Subject

to paragraph (3), if originating and nonoriginating fungible

goods are commingled and exported in the same form, the de-

termination 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) U

SE 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) A

CCESSORIES

, S

PARE

ARTS

, T

OOLS

AND

NSTRUCTIONAL OR

THER

NFORMATION

ATERIALS

.—

(1) I

N GENERAL

.—Subject to paragraph (2), accessories,

spare parts, tools, or instructional or other information mate-

rials delivered with a good shall—

(A) be treated as originating if the good is an origi-

nating 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

nating materials, as the case may be, in calculating any

applicable regional value content of the good set forth in

Annex 4-B of the USMCA.

(2) C

ONDITIONS

.—Paragraph (1) shall apply only if—

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(A) the accessories, spare parts, tools, or instructional

or other information materials are classified with and de-

livered 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) P

ACKAGING

ATERIALS AND

ONTAINERS FOR

ETAIL

ALE

.—Packaging materials and containers in which a good is

packaged for retail sale, if classified with the good, shall be dis-

regarded in determining whether all of the nonoriginating mate-

rials 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) P

ACKING

ATERIALS AND

ONTAINERS FOR

HIPMENT

.—

Packing materials and containers for shipment shall be disregarded

in determining whether a good is an originating good.

(k) I

NDIRECT

ATERIALS

.—An indirect material shall be treat-

ed as an originating material without regard to where it is pro-

duced.

(l) T

RANSIT AND

RANSSHIPMENT

.—A good that has undergone

production necessary to qualify as an originating good under sub-

section (c) shall not be considered to be an originating good if, sub-

sequent 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 ship-

ment, 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 authori-

ties in a country other than a USMCA country.

(m) G

OODS

LASSIFIABLE AS

OODS

ETS

.—

(1) G

OODS OTHER THAN TEXTILE OR APPAREL GOODS

.—Not-

withstanding the rules set forth in Annex 4-B of the USMCA,

goods classifiable as goods put up in sets for retail sale as pro-

vided 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;

(B) the total value of the nonoriginating goods in the

set does not exceed 10 percent of the value of the set.

(2) T

EXTILE 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

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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;

(B) the total value of the nonoriginating goods in the

set does not exceed 10 percent of the value of the set.

(n) N

ONQUALIFYING

PERATIONS

.—A good shall not be consid-

ered 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) E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—This section shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a good entered for consump-

tion, or withdrawn from warehouse for consumption, on or

after that date.

(2) T

RANSITION 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 con-

sumption, or withdrawn from warehouse for consumption, be-

fore that date.

SEC. 202A. ø19 U.S.C. 4532¿ SPECIAL RULES FOR AUTOMOTIVE GOODS.

(a) D

EFINITIONS

.—In this section:

(1) A

LTERNATIVE 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 re-

quirements of articles 2 through 7 of that appendix.

(2) A

LTERNATIVE STAGING REGIME PERIOD

.—The term ‘‘al-

ternative staging regime period’’ means the period during

which the alternative staging regime is in effect.

(3) A

UTOMOTIVE APPENDIX

.—The term ‘‘automotive appen-

dix’’ means the Appendix to Annex 4-B of the USMCA (relating

to the product-specific rules of origin for automotive goods).

(4) A

UTOMOTIVE 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) A

UTOMOTIVE RULES OF ORIGIN

.—The term ‘‘automotive

rules of origin’’ means the rules of origin for automotive goods

set forth in the automotive appendix.

(6) C

OMMISSIONER

.—The term ‘‘Commissioner’’ means the

Commissioner of U.S. Customs and Border Protection.

(7) C

OVERED VEHICLE

.—The term ‘‘covered vehicle’’ means

a passenger vehicle, light truck, or heavy truck.

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(8) I

NTERAGENCY COMMITTEE

.—The term ‘‘interagency com-

mittee’’ means the interagency committee established under

subsection (b)(1).

(9) P

ASSENGER 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 auto-

motive 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) E

STABLISHMENT OF

NTERAGENCY

OMMITTEE

.—

(1) I

N 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 imple-

mentation, 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) M

EMBERS

.—The members of the interagency committee

shall be the following:

(A) The Trade Representative.

(B) The Secretary of Commerce.

(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) C

HAIR

.—The chair of the interagency committee shall

be the Trade Representative.

(4) U

SE OF INFORMATION

.—

(A) I

NFORMATION SHARING

.—Notwithstanding any

other provision of law, the members of the interagency

committee may exchange information for purposes of car-

rying out this section.

(B) C

ONFIDENTIALITY OF INFORMATION

.—The inter-

agency 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 ag-

gregated to preserve confidentiality and used in the re-

ports described in subsection (g).

ERTIFICATION

EQUIREMENTS

.—

(1) C

ERTIFICATION RELATING TO LABOR VALUE CONTENT RE

QUIREMENTS

.—

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(A) I

N 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 expendi-

tures, high-wage technology expenditures, and high-

wage assembly expenditures, as set forth in article 7

of the automotive appendix or, if the producer is sub-

ject 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 require-

ments; and

(ii) has information on record to support those cal-

culations.

(B) I

MPLEMENTATION

.—For purposes of meeting the re-

quirements 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 consid-

ered 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 cal-

endar year, as the case may be, as set forth in articles

7 and 8 of the automotive appendix.

EGULATIONS REQUIRED

.—The Secretary of the

Treasury, in consultation with the Secretary of Labor,

shall prescribe regulations to carry out this paragraph, in-

cluding regulations setting forth the procedures and re-

quirements for a producer of covered vehicles to establish

that the producer meets the labor value content require-

ments for preferential tariff treatment.

(2) C

ERTIFICATION RELATING TO STEEL AND ALUMINUM PUR

CHASE REQUIREMENTS

.—

(A) I

N 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 re-

gime, articles 6 and 8 of that appendix; and

(ii) has information on record to support the cal-

culations relied on for the certification.

(B) I

MPLEMENTATION

.—For purposes of meeting the re-

quirements under subparagraph (A)—

(i) the Commissioner shall ensure that the certifi-

cation of a producer under subparagraph (A)(i) does

not contain omissions or errors before the certification

is considered properly filed; and

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(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 cal-

endar year, as the case may be, as set forth in articles

6 and 8 of the automotive appendix.

EGULATIONS REQUIRED

.—The Secretary of the

Treasury shall prescribe regulations to carry out this para-

graph, including regulations setting forth the procedures

and requirements for a producer of covered vehicles to es-

tablish that the producer meets the steel and aluminum

purchase requirements for preferential tariff treatment.

(d) A

LTERNATIVE

TAGING

EGIME

.—

(1) P

UBLICATION OF REQUIREMENTS

.—Not later than 90

days after the date of the enactment of this Act, the Trade

Representative, in consultation with the interagency com-

mittee, shall publish in the Federal Register requirements,

procedures, and guidance required to implement the alter-

native staging regime, including with respect to the following:

(A) The procedures, calculation methodology, time-

frame, specific regional value content thresholds, and other

minimum requirements, consistent with article 8 of the

automotive appendix, with which a producer of covered ve-

hicles 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.

or light trucks is required to provide, in the producer’s re-

quest to use the alternative staging regime, to dem-

onstrate the actions that the producer will take to be pre-

pared 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 require-

ments set forth in articles 2 through 7 of the auto-

motive 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

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light trucks, as the case may be, in USMCA coun-

tries—

(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 compli-

ance with the requirements set forth in articles 2

through 7 of the automotive appendix after the al-

ternative staging regime period expires; and

(II) a statement indicating the time period for

which the producer is requesting to use the alter-

native staging regime, if that time period is great-

er than 5 years after the USMCA enters into

force.

(D) The procedures for accepting and reviewing re-

quests for the alternative staging regime, including that

the Trade Representative will—

(i) notify a producer of any deficiencies in the re-

quest 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 consulta-

tion with the interagency committee, will consider when

determining whether to approve a request for the alter-

native staging regime. Such criteria shall only include ele-

ments necessary for the producer to demonstrate the pro-

ducer’s ability to meet the requirements specified in sub-

paragraphs (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 sub-

paragraph (C)(iii) to modify the producer’s request for the

alternative staging regime.

(2) R

EVIEW OF REQUESTS FOR ALTERNATIVE STAGING RE

GIME

.—

(A) I

N GENERAL

.—In reviewing the request of a pro-

ducer of passenger vehicles or light trucks for the alter-

native staging regime, the Trade Representative, in con-

sultation with the interagency committee, shall deter-

mine—

(i) whether the request covers 10 percent or less,

or more than 10 percent, of the production of pas-

senger vehicles or light trucks in USMCA countries by

the producer; and

(ii) whether the producer has identified with spec-

ificity 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) A

PPROVAL OF ALTERNATIVE STAGING REGIME FOR

PASSENGER VEHICLE OR LIGHT TRUCK PRODUCTION NOT EX

CEEDING 10 PERCENT OF NORTH AMERICAN PRODUCTION

.—

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The Trade Representative shall authorize the use of the al-

ternative 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 vehi-

cles 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.

PPROVAL OF ALTERNATIVE STAGING REGIME FOR

PASSENGER VEHICLE OR LIGHT TRUCK PRODUCTION EXCEED

ING 10 PERCENT OF NORTH AMERICAN PRODUCTION

.— The

Trade Representative shall authorize the use of the alter-

native staging regime if the Trade Representative, in con-

sultation with the interagency committee, determines

that—

(i) the request for the alternative staging regime

covers more than 10 percent of the production of pas-

senger 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 sub-

stantial 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 re-

gime period has expired.

(3) P

ROCEDURES RELATED TO REVIEWING AND APPROVING

REQUESTS

.—

(A) D

EADLINE 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) E

STABLISHMENT 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.

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EPORTING

.—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) A

LTERNATIVE STAGING REGIME REVIEW AND MODIFICA

TION

.—

(A) M

ATERIAL CHANGES TO CIRCUMSTANCES

.—

(i) N

OTIFICATION

.—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 mate-

rial changes to circumstances, that will affect the pro-

ducer’s ability to meet any of the requirements set

forth in articles 2 through 7 of the automotive appen-

dix after the alternative staging regime period has ex-

pired.

(ii) R

EQUESTS FOR MODIFICATION OF PLANS

.—

(I) I

N 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 com-

mittee a request for modification of its plan.

(II) D

ETERMINATION REGARDING MODIFICA

TION

.—Not later than 90 days after receiving a re-

quest submitted under subclause (I), the Trade

Representative, in consultation with the inter-

agency committee, shall—

(aa) review the request;

(bb) make a determination with respect to

whether the modified plan is based on sub-

stantial 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 ex-

pired;

(cc) if the Trade Representative makes an

affirmative determination under item (bb), ap-

prove the modified plan; and

(dd) notify the producer in writing of the

determination.

(iii) I

NABILITY TO MEET REQUIREMENTS

.—If the

Trade Representative, in consultation with the inter-

agency 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 re-

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gime 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 cov-

ered vehicle of the producer pursuant to the alter-

native staging regime.

(5) F

AILURE TO MEET REQUIREMENTS FOR ALTERNATIVE

STAGING REGIME

.—

(A) I

N GENERAL

.—If, at any time, the Trade Represent-

ative, in consultation with the interagency committee,

makes a determination described in subparagraph (B) with

respect to a producer of covered vehicles subject to the al-

ternative 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 pref-

erential tariff treatment pursuant to the alternative

staging regime had not applied when the vehicle was

entered for consumption, or withdrawn from ware-

house for consumption, plus interest assessed on or

after the date of entry and before the date of the de-

termination.

(B) D

ETERMINATION DESCRIBED

.—A determination de-

scribed in this subparagraph is a determination that a pro-

ducer of covered vehicles subject to the alternative staging

regime—

(i) has failed to take the steps set forth in the pro-

ducer’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 alter-

native 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 require-

ments set forth in articles 2 through 7 of the auto-

motive appendix after the alternative staging regime

period has expired.

(e) V

ERIFICATION OF

ABOR

ALUE

ONTENT

EQUIREMENTS

.—

(1) I

N 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 re-

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quirements 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) R

OLE OF SECRETARY OF LABOR

.—In cooperation with

the Secretary of the Treasury, the Secretary of Labor shall par-

ticipate in any verification conducted under paragraph (1) by

verifying whether the production of covered vehicles by a pro-

ducer meets the high-wage components of the labor value con-

tent requirements, including the wage component of the high-

wage material and manufacturing expenditures, the high-wage

technology expenditures, and the high-wage assembly expendi-

tures, within the meaning given those terms in article 7 of that

appendix.

(3) R

OLE 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 require-

ments not covered by paragraph (2), including the annual

purchase value and cost components of the high-wage ma-

terial and manufacturing expenditures, within the mean-

ing given those terms in article 7 of that appendix; and

(B) whether the producer has met the labor value con-

tent requirements.

(4) A

CTIONS BY SECRETARY OF LABOR

.—

(A) I

N GENERAL

.—In participating in a verification

conducted under paragraph (1), the Secretary of Labor

shall assist the Secretary of the Treasury to do the fol-

lowing:

(i) Examine, or cause to be examined, upon rea-

sonable 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, em-

ployee, or agent of a producer of automotive goods, as

necessary, that may be relevant with respect to wheth-

er the production of covered vehicles meets the high-

wage components of the labor value content require-

ments 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) N

ATURE OF INFORMATION REQUESTED

.—Records

and information that may be examined or requested under

subparagraph (A) may relate to wages, hours, job respon-

sibilities, and other information in any plant or facility re-

lied 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), arti-

cles 7 and 8 of that appendix.

(5) W

HISTLEBLOWER PROTECTIONS

.—

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(A) U

NLAWFUL 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 sub-

section; or

(ii) cooperating or seeking to cooperate in a

verification under this subsection.

(B) E

NFORCEMENT

.—The Secretary of the Treasury

and the Secretary of Labor are authorized to take such ac-

tions 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) P

ROTESTS OF DECISIONS OF U

CUSTOMS AND BORDER

PROTECTION

.—

(A) I

N 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 eligi-

bility 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 re-

quirements 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 Com-

missioner.

(B) N

O 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) A

DMINISTRATION BY

EPARTMENT OF

ABOR

.—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) R

EVIEW AND

EPORTS

.—

(1) P

ERIODIC REVIEW ON AUTOMOTIVE RULES OF ORIGIN

.—

(A) I

N GENERAL

.—The Trade Representative, in con-

sultation with the interagency committee, shall conduct a

biennial review of the operation of the USMCA with re-

spect 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 ef-

fective and relevant in light of new technology and

changes in the content, production processes, and

character of automotive goods.

(B) R

EPORT

.—

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(i) I

N GENERAL

.—The Trade Representative shall

submit to the appropriate congressional committees a

report on each review conducted under subparagraph

(A).

(ii) I

NITIAL 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) T

ERMINATION 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) R

EPORT BY INTERNATIONAL TRADE COMMISSION

.—Not

later than 1 year after the submission of the first report re-

quired 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 ori-

gin on—

(i) the gross domestic product of the United

States;

(ii) exports from and imports into the United

States;

(iii) aggregate employment and employment op-

portunities in the United States;

(iv) production, investment, use of productive fa-

cilities, and profit levels in the automotive industries

and other pertinent industries in the United States af-

fected by the automotive rules of origin;

(v) wages and employment of workers in the auto-

motive sector in the United States; and

(vi) the interests of consumers in the United

States;

(B) the operation of the automotive rules of origin and

their effects on the competitiveness of the United States

with respect to production and trade in automotive goods,

taking into account developments in technology, produc-

tion processes, or other related matters;

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, in-

ventories, patterns of demand, capital investment, obsoles-

cence of equipment, and diversification of production in the

United States.

(3) R

EPORT 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

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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) P

UBLIC 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

report appropriate for public viewing on a publicly avail-

able internet website for the agency.

(h) E

FFECTIVE

ATE

.—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.

SEC. 203. MERCHANDISE PROCESSING FEE.

(a) I

ENERAL

.—Section 13031(b)(10) of the Consolidated Om-

nibus 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 sub-

section (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 by reason of this

paragraph may not be funded with money contained in the Cus-

toms User Fee Account.’’.

(b) ø19 U.S.C. 58c note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendment made by subsection (a)

shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a good entered or released on

or after that date.

(2) T

RANSITION 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 Rec-

onciliation 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) E

NTERED OR RELEASED DEFINED

.—In this subsection,

the term ‘‘entered or released’’ has the meaning given that

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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 CERTIFI-

CATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF

TREATMENT.

(a) D

ISCLOSURE OF

NCORRECT

NFORMATION

.—Section 592 of

the Tariff Act of 1930 (19 U.S.C. 1592) is amended—

(1) in subsection (c), by striking paragraph (5) and insert-

ing the following:

‘‘(5) P

RIOR 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 quali-

fies 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 Sec-

retary 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) F

ALSE

ERTIFICATIONS OF

RIGIN

NDER THE

USMCA.—

‘‘(1) I

N 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 proce-

dures and penalties of this section that apply to a violation of

subsection (a) also apply to a violation of this subsection.

‘‘(2) P

ROMPT AND VOLUNTARY DISCLOSURE OF INCORRECT IN

FORMATION

.—No penalty shall be imposed under this sub-

section 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 of such

incorrect information to every person to whom the certification

was issued.

‘‘(3) E

XCEPTION

.—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 per-

sons to whom the person provided the certification.’’.

(b) D

ENIAL OF

REFERENTIAL

ARIFF

REATMENT

.—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 subpara-

graph (D), by striking ‘‘section 202 of the North American

Free Trade Agreement Implementation Act’’ and inserting

‘‘section 202 of the United States-Mexico-Canada Agree-

ment Implementation Act’’; and

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(B) in paragraph (2)(E)—

(i) by striking ‘‘section 202 of the North American

Free Trade Agreement Implementation Act’’ and in-

serting ‘‘section 202 of the United States-Mexico-Can-

ada 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 in-

serting ‘‘section 202 of the United States-Mexico-Canada

Agreement Implementation Act’’; and

(4) by striking subsection (f) and inserting the following:

‘‘(f) D

ENIAL OF

REFERENTIAL

ARIFF

REATMENT

NDER THE

USMCA.—If U.S. Customs and Border Protection or U.S. Immigra-

tion and Customs Enforcement of the Department of Homeland Se-

curity finds indications of a pattern of conduct by an importer, ex-

porter, 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 regu-

lations prescribed by the Secretary of the Treasury, may suspend

preferential tariff treatment under the USMCA (as defined in sec-

tion 3 of that Act) to entries of identical goods covered by subse-

quent representations by that importer, exporter, or producer until

U.S. Customs and Border Protection determines that representa-

tions of that person are in conformity with such section 202.’’.

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendments made by subsections

(a) and (b) shall—

(A) take effect on the date on which the USMCA en-

ters 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) T

RANSITION FROM NAFTA TREATMENT

.—In the case of a

good entered, or exported from the United States, as the 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) E

NTERED DEFINED

.—In this subsection, the term ‘‘en-

tered’’ includes a withdrawal from warehouse for consumption.

SEC. 205. RELIQUIDATION OF ENTRIES.

(a) I

ENERAL

.—Section 520(d) of the Tariff Act of 1930 (19

U.S.C. 1520(d)) is amended—

(1) in the matter preceding paragraph (1)—

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(A) by striking ‘‘section 202 of the North American

Free Trade Agreement Implementation Act,’’;

(B) by striking ‘‘, or section 203’’ and inserting ‘‘, sec-

tion 203’’; and

202 of the United States-Mexico-Canada Agreement Imple-

mentation 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) ø19 U.S.C. 1520 note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendments made by subsection (a)

shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a good entered for consump-

tion, or withdrawn from warehouse for consumption, on or

after that date.

(2) T

RANSITION 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.

SEC. 206. RECORDKEEPING REQUIREMENTS.

(a) I

ENERAL

.—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) E

XPORTS AND

MPORTS

ELATING TO

USMCA C

OUNTRIES

.—

‘‘(1) D

EFINITIONS

.—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.

‘‘(B) USMCA

CERTIFICATION OF ORIGIN

.—The term

‘USMCA certification of origin’ means the certification es-

tablished under article 5.2.1 of the USMCA that a good

qualifies as an originating good under the USMCA.

‘‘(2) E

XPORTS TO USMCA COUNTRIES

.—Any person who com-

pletes 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 sup-

porting documents related to the origin of the good (including

the certification or copies thereof), including records related

to—

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‘‘(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) E

XPORTS UNDER THE CANADIAN AGREEMENT

.—Any per-

son 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) I

MPORTS INTO THE UNITED STATES

.—

‘‘(A) I

N GENERAL

.—Any importer who claims pref-

erential tariff treatment under the USMCA for a good im-

ported into the United States from a USMCA country shall

make, keep, and, pursuant to rules and regulations pre-

scribed 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 certifi-

cation; 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) V

EHICLE PRODUCER

.—Any vehicle producer whose

good is the subject of a claim for preferential tariff treat-

ment 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 examina-

tion and inspection records and supporting documents re-

lated to the labor value content and steel and aluminum

purchasing requirements for the qualification of its vehi-

cles for preferential treatment.

‘‘(5) R

ETENTION PERIOD

.—

‘‘(A) E

XPORTS TO USMCA COUNTRIES

.—A person covered

by paragraph (2) who completes a USMCA certification of

origin or provides a written representation for a good ex-

ported 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.

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‘‘(B) E

XPORTS 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, fil-

ing 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) I

MPORTS INTO THE UNITED STATES

.—

‘‘(i) I

N GENERAL

.—An importer covered by para-

graph (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) V

EHICLE PRODUCER

.—A vehicle producer cov-

ered 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-Mexico-Canada

Agreement Implementation Act.’’;

(2) by striking subsection (c); and

(3) in the paragraph heading for subsection (e)(1), by strik-

ing ‘‘nafta’’ and inserting ‘‘usmca’’.

(b) ø19 U.S.C. 1508 note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendments made by subsection (a)

shall take effect on the date on which the USMCA enters into

force.

(2) A

PPLICABILITY

.—

(A) E

XPORTS

.—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) I

MPORTS

.—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 consump-

tion, on or after the date on which the USMCA enters into

force.

(3) T

RANSITION FROM NAFTA TREATMENT

.—

(A) E

XPORTS

.—In the case of a good exported from the

United States before the date on which the USMCA enters

into force—

(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 re-

spect 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.

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(B) I

MPORTS

.—In the case of a good that is entered for

consumption, or withdrawn from warehouse for consump-

tion, before the date on which the USMCA enters into

force, the amendments made by subsection (a) to para-

graphs (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.

SEC. 207. ø19 U.S.C. 4533¿ ACTIONS REGARDING VERIFICATION OF

CLAIMS UNDER THE USMCA.

(a) V

ERIFICATION

.—

(1) O

RIGIN VERIFICATION

.—

(A) I

N 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) A

DDITIONAL REQUIREMENTS

.—If the Secretary con-

ducts 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 secu-

rity; and

(ii) if the Secretary makes a negative determina-

tion under subsection (b), to take action under sub-

section (c).

(2) T

EXTILE AND APPAREL GOODS

.—

(A) I

N 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) A

DDITIONAL REQUIREMENTS

.—If the Secretary con-

ducts 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 appro-

priate action described in subparagraph (D); and

(ii) if the Secretary makes a negative determina-

tion described in subsection (b), to take action under

subsection (c).

ERIFICATION 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) A

CTION DURING VERIFICATION

.—Appropriate action

described in this subparagraph may consist of—

(i) release of the textile or apparel good that is the

subject of a verification described in subparagraph (C)

upon payment of duties or provision of security;

(ii) suspension of preferential tariff treatment

under the USMCA with respect to—

(I) the textile or apparel good that is the sub-

ject of a verification described in subparagraph

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(C)(i), if the Secretary determines that there is in-

sufficient 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 sub-

ject of a verification described in subparagraph

(C)(i) if the Secretary determines that incorrect in-

formation 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 pro-

vided 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 ex-

ported or produced by a person that is the subject of

a verification described in subparagraph (C) if the Sec-

retary determines that there is insufficient informa-

tion 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 per-

son 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) N

EGATIVE

ETERMINATION

.—

(1) I

N 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 determina-

tion 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 re-

spond to a written request for information or failed to

provide sufficient information to determine that the

good qualifies as an originating good;

(ii) after receipt of a written notification for a visit

to conduct verification under subsection (a), the ex-

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porter 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 documenta-

tion 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 de-

nied;

(II) officials of the United States are pre-

vented from completing a site visit on the pro-

posed 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 require-

ments of this section; or

(II) based on the preponderance of the evi-

dence, circumvents the requirements of this sec-

tion.

(2) R

EQUESTS 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 re-

questing 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 treat-

ment.

CTION

ASED ON

ETERMINATION

.—

(1) D

ENIAL 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) W

ITHHOLDING OF PREFERENTIAL TARIFF TREATMENT

BASED ON PATTERN OF CONDUCT

.—If verifications of origin re-

lating to identical goods indicate a pattern of conduct by an im-

porter, exporter, or producer of false or unsupported represen-

tations 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 accord-

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ance with regulations prescribed by the Secretary, may with-

hold 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 per-

son has established compliance with requirements for claims

for preferential tariff treatment under the USMCA.

(d) P

REVENTION OF

IRCUMVENTION

.—In making a determina-

tion under this section, including whether to accept or reject a

claim for preferential tariff treatment under the USMCA, the Sec-

retary shall interpret the requirements of this section in a manner

to avoid and prevent circumvention of those requirements.

SEC. 208. ø19 U.S.C. 4534¿ DRAWBACK.

(a) D

EFINITION OF A

OOD

UBJECT TO

USMCA D

RAWBACK

.—

For purposes of this Act, the term ‘‘good subject to USMCA draw-

back’’ means any imported good other than the following:

(1) A good entered under bond for transportation and ex-

portation to a USMCA country.

(2) A good exported to a USMCA country in the same con-

dition as when imported into the United States. For purposes

of this paragraph—

(A) processes such as testing, cleaning, repacking,

sorting, marking, or inspecting a good, or preserving it in

its same condition, shall not be considered to change the

condition of the good, and

(B) except for a good referred to in paragraph 11 of

Annex 3–B of the USMCA that is exported to Mexico, if a

good described in the first sentence of this paragraph is

commingled with fungible goods and exported in the same

condition, the origin of the good may be determined on the

basis of the inventory methods provided for in the regula-

tions implementing this title.

(3) A good—

(A) that is—

(i) deemed to be exported from the United States,

(ii) used as a material in the production of another

good that is deemed to be exported to a USMCA coun-

try, or

(iii) substituted for by a good of the same kind and

quality that is used as a material in the production of

another good that is deemed to be exported to a

USMCA country, and

(B) that is delivered—

(i) to a duty-free shop,

(ii) for ship’s stores or supplies for ships or air-

craft, or

(iii) for use in a project undertaken jointly by the

United States and a USMCA country and destined to

become the property of the United States.

(4) A good exported to a USMCA country for which a re-

fund of customs duties is granted by reason of—

(A) the failure of the good to conform to sample or

specification, or

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(B) the shipment of the good without the consent of

the consignee.

(5) A good that qualifies under the rules of origin set out

in section 202 that is—

(A) exported to a USMCA country,

(B) used as a material in the production of another

good that is exported to a USMCA country, or

quality that is used as a material in the production of an-

other good that is exported to a USMCA country.

(6) A good provided for in subheading 1701.13.20 or

1701.14.20 of the HTS that is imported under any re-export

program or any like program and that is—

(A) used as a material, or

(B) substituted for by a good of the same kind and

quality that is used as a material,

in the production of a good provided for in existing Canadian

tariff item 1701.99.00 or existing Mexican tariff item

1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined

sugar).

(7) A citrus product that is exported to Canada.

(8) A good used as a material, or substituted for by a good

of the same kind and quality that is used as a material, in the

production of—

(A) apparel, or

(B) a good provided for in subheading 6307.90.99 (in-

sofar as it relates to furniture moving pads), 5811.00.20, or

5811.00.30 of the HTS,

that is exported to Canada and that is subject to Canada’s

most-favored-nation rate of duty upon importation into Can-

ada.

Where in paragraph (6) a good referred to by an item is described

in parentheses following the item, the description is provided for

purposes of reference only.

(b) S

AME

IND AND

UALITY

.—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

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).

LIMINATION OF

RAWBACK FOR

ECTION

22 F

EES

.—Not-

withstanding any other provision of law, the Secretary of the

Treasury may not, on condition of export, refund or reduce a fee

applied pursuant to section 22 of the Agricultural Adjustment Act

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(7 U.S.C. 624) with respect to goods included under subsection (a)

that are exported to a USMCA country.

(d) I

NAPPLICABILITY TO

OUNTERVAILING AND

NTIDUMPING

UTIES

.—Nothing in this section or the amendments made by it

shall be considered to authorize the refund, waiver, or reduction of

countervailing duties or antidumping duties imposed on an im-

ported good.

(e) A

CTION ON

LAIM

.—

(1) I

N GENERAL

.—If the Commissioner of U.S. Customs and

Border Protection determines that a claim of preferential tariff

treatment has been made with respect to an article for which

a claim described in paragraph (2) has been made, the Com-

missioner may make such adjustments regarding the previous

customs treatment of the article as may be warranted.

(2) C

LAIMS DESCRIBED

.—A claim described in this para-

graph is a claim for—

(A) a refund, waiver, or reduction of duty, under any

applicable provision of law; or

(B) a credit against a bond under section 312(d)(1) of

the Tariff Act of 1930 (19 U.S.C. 1312(d)(1)).

SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.

(a) C

OUNTRY OF

RIGIN

ARKING

.—Section 304 of the Tariff

Act of 1930 (19 U.S.C. 1304) is amended by striking subsection (k)

and inserting the following:

‘‘(k) T

REATMENT OF

OODS OF A

USMCA C

OUNTRY

.—In apply-

ing this section to an article that qualifies as a good of a USMCA

country (as defined in section 3 of the United States-Mexico-Can-

ada Agreement Implementation Act)—

‘‘(1) the exemption under subsection (a)(3)(H) shall be ap-

plied by substituting ‘reasonably know’ for ‘necessarily know’;

‘‘(2) the Secretary shall exempt the good from the require-

ments for marking under subsection (a) if the good—

‘‘(A) is an original work of art; or

‘‘(B) is provided for under subheading 6904.10, head-

ing 8541, or heading 8542 of the Harmonized Tariff Sched-

ule 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) E

XAMINATION OF

OOKS AND

ITNESSES

.—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 pro-

ducer 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 States-

Mexico-Canada Agreement Implementation Act)’’.

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48 Sec. 210 United States-Mexico-Canada Agreement Implementat...

XCHANGE OF

NFORMATION

.—Section 628 of the Tariff Act

of 1930 (19 U.S.C. 1628) is amended by striking subsection (c) and

inserting the following:

‘‘(c) G

OVERNMENT

GENCY OF

USMCA C

OUNTRY

.—

‘‘(1) I

N GENERAL

.—The Secretary may authorize U.S. Cus-

toms 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 in-

formation will be held in confidence and used only for gov-

ernmental purposes.

‘‘(2) D

EFINITIONS

.—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 Im-

plementation Act.’’.

(d) ø19 U.S.C. 1304 note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendments made by this section

shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a good entered for consump-

tion, or withdrawn from warehouse for consumption, on or

after that date.

(2) T

RANSITION 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) ø19 U.S.C. 1628 note¿ E

FFECTIVE

ATE

ELATING TO

CHANGE OF

NFORMATION

.—Notwithstanding the amendment made

by subsection (c), the Secretary of the Treasury shall retain the au-

thority 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. ø19 U.S.C. 4535¿ REGULATIONS.

(a) S

ECRETARY OF THE

REASURY

.—The Secretary of the Treas-

ury 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) S

ECRETARY OF

ABOR

.—The Secretary of Labor shall pre-

scribe such regulations as may be necessary to carry out the labor

value content determination under section 202A.

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TITLE III—APPLICATION OF USMCA TO

SECTORS AND SERVICES

Subtitle A—Relief From Injury Caused by

Import Competition

SEC. 301. ø19 U.S.C. 4551¿ USMCA ARTICLE IMPACT IN IMPORT RELIEF

CASES UNDER THE TRADE ACT OF 1974.

(a) I

ENERAL

.—If, in any investigation initiated under chap-

ter 1 of title II of the Trade Act of 1974, the International Trade

Commission makes an affirmative determination (or a determina-

tion which the President may treat as an affirmative determination

under such chapter by reason of section 330(d) of the Tariff Act of

1930), the International Trade Commission shall also find (and re-

port to the President at the time such injury determination is sub-

mitted to the President) whether—

(1) imports of the article from a USMCA country, consid-

ered individually, account for a substantial share of total im-

ports; and

(2) imports of the article from a USMCA country, consid-

ered individually or, in exceptional circumstances, imports

from USMCA countries considered collectively, contribute im-

portantly to the serious injury, or threat thereof, caused by im-

ports.

(b) F

ACTORS

.—

(1) S

UBSTANTIAL IMPORT SHARE

.—In determining whether

imports from a USMCA country, considered individually, ac-

count for a substantial share of total imports, such imports

normally shall not be considered to account for a substantial

share of total imports if that country is not among the top 5

suppliers of the article subject to the investigation, measured

in terms of import share during the most recent 3-year period.

(2) A

PPLICATION OF

‘‘

CONTRIBUTE IMPORTANTLY

’’

STAND

ARD

.—In determining whether imports from a USMCA country

or countries contribute importantly to the serious injury, or

threat thereof, the International Trade Commission shall con-

sider such factors as the change in the import share of the

USMCA country or countries, and the level and change in the

level of imports of such country or countries. In applying the

preceding sentence, imports from a USMCA country or coun-

tries normally shall not be considered to contribute impor-

tantly to serious injury, or the threat thereof, if the growth

rate of imports from such country or countries during the pe-

riod in which an injurious increase in imports occurred is ap-

preciably lower than the growth rate of total imports from all

sources over the same period.

EFINITION

.—For purposes of this section and section

302(a), the term ‘‘contribute importantly’’ refers to an important

cause, but not necessarily the most important cause.

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SEC. 302. ø19 U.S.C. 4552¿ PRESIDENTIAL ACTION REGARDING USMCA

IMPORTS.

(a) I

ENERAL

.—In determining whether to take action under

chapter 1 of title II of the Trade Act of 1974 with respect to imports

from a USMCA country, the President shall determine whether—

(1) imports from such country, considered individually, ac-

count for a substantial share of total imports; or

(2) imports from a USMCA country, considered individ-

ually, or in exceptional circumstances imports from USMCA

countries considered collectively, contribute importantly to the

serious injury, or threat thereof, found by the International

Trade Commission.

(b) E

XCLUSION OF

USMCA I

MPORTS

.—In determining the na-

ture and extent of action to be taken under chapter 1 of title II of

the Trade Act of 1974, the President shall exclude from such action

imports from a USMCA country if the President makes a negative

determination under subsection (a) (1) or (2) with respect to im-

ports from such country.

CTION

FTER

XCLUSION OF

USMCA C

OUNTRY

MPORTS

.—

(1) I

N GENERAL

If the President, under subsection (b), ex-

cludes imports from a USMCA country or countries from action

under chapter 1 of title II of the Trade Act of 1974 but there-

after determines that a surge in imports from that country or

countries is undermining the effectiveness of the action—

(A) the President may take appropriate action under

such chapter 1 to include those imports in the action; and

(B) any entity that is representative of an industry for

which such action is being taken may request the Inter-

national Trade Commission to conduct an investigation of

the surge in such imports.

(2) I

NVESTIGATION

.—Upon receiving a request under para-

graph (1)(B), the International Trade Commission shall con-

duct an investigation to determine whether a surge in such im-

ports undermines the effectiveness of the action. The Inter-

national Trade Commission shall submit the findings of its in-

vestigation to the President no later than 30 days after the re-

quest is received by the International Trade Commission.(3)

Definition.—For purposes of this subsection, the term ‘‘surge’’

means a significant increase in imports over the trend for a re-

cent representative base period.

(d) C

ONDITION

PPLICABLE TO

UANTITATIVE

ESTRICTIONS

.—

Any action taken under this section proclaiming a quantitative re-

striction shall permit the importation of a quantity or value of the

article which is not less than the quantity or value of such article

imported into the United States during the most recent period that

is representative of imports of such article, with allowance for rea-

sonable growth.

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Subtitle B—Temporary Entry of Business

Persons

SEC. 311. ø19 U.S.C. 4561¿ TEMPORARY ENTRY.

Upon a basis of reciprocity secured by the USMCA, an alien

who is a citizen of Canada or Mexico, and the spouse and children

of any such alien if accompanying or following to join such alien,

may, if otherwise eligible for a visa and if otherwise admissible into

the United States under the Immigration and Nationality Act (8

U.S.C. 1101 et seq.), be considered to be classifiable as a non-

immigrant under section 101(a)(15)(E) of such Act (8 U.S.C.

1101(a)(15)(E)) if entering solely for a purpose specified in Section

B of Annex 16–A of the USMCA, but only if any such purpose shall

have been specified in such Annex on the date of entry into force

of the USMCA. For purposes of this section, the term ‘‘citizen of

Mexico’’ means ‘‘citizen’’ as defined in article 16.1 of the USMCA.

Subtitle C—United States-Mexico Cross-

Border Long-Haul Trucking Services

SEC. 321. ø19 U.S.C. 4571¿ DEFINITIONS.

In this subtitle:

(1) B

ORDER COMMERCIAL ZONE

.—The term ‘‘border com-

mercial zone’’ means—

(A) the area of United States territory of the munici-

palities along the United States-Mexico international bor-

der and the commercial zones of such municipalities as de-

scribed in subpart B of part 372 of title 49, Code of Federal

Regulations; and

(B) any additional border crossing and associated com-

mercial zones listed in the Federal Motor Carrier Safety

Administration OP-2 application instructions or successor

documents.

(2) C

ARGO ORIGINATING IN MEXICO

.—The term ‘‘cargo origi-

nating 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) C

HANGE IN CIRCUMSTANCES

.—The term ‘‘change in cir-

cumstance’’ may include a substantial increase in services sup-

plied by the grantee of a grant of authority.

(4) C

OMMERCIAL 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) C

ROSS

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

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United States outside of a border commercial zone to a

point in a border commercial zone or a point in Mexico.

(6) D

RIVER

.—The term ‘‘driver’’ means a person that drives

a commercial motor vehicle in cross-border long-haul trucking

services.

(7) G

RANT 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 of

Mexico to conduct cross-border long-haul trucking services in

the United States.

(8) I

NTERESTED PARTY

.—The term ‘‘interested party’’

means—

(A) persons of the United States engaged in the provi-

sion 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;

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) M

ATERIAL HARM

.—The term ‘‘material harm’’ means a

significant loss in the share of the United States market or rel-

evant sub-market for cross-border long-haul trucking services

held by persons of the United States.

(10) O

PERATOR OR SUPPLIER

.—The term ‘‘operator’’ or ‘‘sup-

plier’’ means an entity that has been granted registration

under section 13902 of title 49, United States Code, to provide

cross-border long-haul trucking services.

(11) P

ERSONS OF MEXICO

.—The term ‘‘persons of Mexico’’

includes—

(A) entities domiciled in Mexico organized, or other-

wise 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) P

ERSONS 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 na-

tionals.

(13) T

HREAT OF MATERIAL HARM

.—The term ‘‘threat of ma-

terial harm’’ means material harm that is likely to occur.

(14) U

NITED STATES LONG

HAUL TRUCKING SERVICES INDUS

TRY

.—The term ‘‘United States long-haul trucking services in-

dustry’’ means—

(A) United States suppliers, operators, or drivers as a

whole providing cross-border long-haul trucking services;

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(B) United States suppliers, operators, or drivers pro-

viding cross-border long-haul trucking services in a specific

sub-market of the whole United States market.

SEC. 322. ø19 U.S.C. 4572¿ INVESTIGATIONS AND DETERMINATIONS BY

COMMISSION.

(a) I

NVESTIGATION

.—Upon the filing of a petition by an inter-

ested party described in subparagraph (A), (B), or (C) of section

321(8) which is representative of a United States long-haul truck-

ing 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

on Finance of the Senate, the International Trade Commission (in

this subtitle referred to as the ‘‘Commission’’) shall promptly ini-

tiate 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 long-haul

trucking services industry; or

(3) whether, with respect to a person of Mexico who has

received a grant of authority before the date of entry into force

of the USMCA and retains such grant of authority, there has

been a change in circumstances such that such person of Mex-

ico is causing or threatens to cause material harm to a United

States long-haul trucking services industry.

(b) T

RANSMISSION OF

ETITION

, R

EQUEST

ESOLUTION

.—

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.

UBLICATION AND

EARINGS

.—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 par-

ties an opportunity to be present, to present evidence, to re-

spond to presentations of other parties, and otherwise to be

heard.

(d) F

ACTORS

PPLIED IN

AKING

ETERMINATIONS

.—In making

a determination under subsection (a) of whether a request by a per-

son 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 au-

thority, as the case may be, threatens to cause material harm to

a United States long-haul trucking services industry, the Commis-

sion shall—

(1) consider, among other things, and as relevant—

(A) the volume and tonnage of merchandise trans-

ported; and

(B) the employment, wages, hours of service, and

working conditions; and

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(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) A

SSISTANCE TO

OMMISSION

.—

(1) I

N GENERAL

.—At the request of the Commission, the

Secretary of Homeland Security shall consult with the Com-

mission 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 re-

quest for the purpose of conducting investigations under sub-

section (a) and shall make such information available to the

Commission in a timely manner.

(2) R

EQUESTS FOR INFORMATION

.—

(A) I

N 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 Com-

mission may require in order to assist the Commission in

making determinations under subsection (a).

(B) C

ONFIDENTIAL BUSINESS INFORMATION

.—The Com-

mission shall treat any proprietary information obtained

under subparagraph (A) as confidential business informa-

tion in accordance with regulations adopted by the Com-

mission to carry out this subtitle.

(f) L

IMITED

ISCLOSURE OF

ONFIDENTIAL

USINESS

NFORMA

TION

NDER

ROTECTIVE

RDER

.—The Commission shall promul-

gate regulations to provide access to confidential business informa-

tion under protective order to authorized representatives of inter-

ested parties who are parties to an investigation under subsection

(a).

(g) D

EADLINE FOR

ETERMINATION

.—

(1) I

N 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, re-

quest, or resolution.

(2) E

XCEPTION

.—If, before the 100th day after an inves-

tigation is initiated under subsection (a), the Commission de-

termines 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 re-

ferred to in paragraph (1).

(h) A

PPLICABLE

ROVISIONS

.—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. ø19 U.S.C. 4573¿ COMMISSION RECOMMENDATIONS AND RE-

PORT.

(a) I

ENERAL

.—If the Commission makes an affirmative de-

termination under section 322, the Commission shall recommend

the action that is necessary to address the material harm or threat

of material harm found.

(b) L

IMITATION

.—Only those members of the Commission who

agreed to the affirmative determination under section 322 are eligi-

ble to vote on the recommendation required to be made under sub-

section (a).

EPORT

.—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 recommenda-

tion; and

(3) any dissenting or separate views by members of the

Commission regarding the determination.

(d) P

UBLIC

OTICE

.—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 confiden-

tial business information); and

(2) publish a summary of the report in the Federal Reg-

ister.

SEC. 324. ø19 U.S.C. 4574¿ ACTION BY PRESIDENT WITH RESPECT TO

AFFIRMATIVE DETERMINATION.

(a) I

ENERAL

.—Not later than the date that is 30 days after

the date on which the President receives a report of the Commis-

sion 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 re-

lief.

(b) E

XCEPTION

.—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.

ATURE OF

ELIEF

.—

(1) I

N 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 imposi-

tion of limitations on a request for a new grant of author-

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ity by the persons of Mexico that are the subject of the in-

vestigation.

(ii) With respect to a determination relating to an in-

vestigation under section 322(a)(1), the revocation of, or re-

strictions 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 in-

vestigation 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 inves-

tigation.

vestigation under section 322(a)(1), (2), or (3), a cap on the

number of grants of authority issued to persons of Mexico

annually.

(2) D

EADLINE 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) P

ERIOD OF

ELIEF

.—

(1) I

N 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) E

XTENSION

.—

(A) I

N GENERAL

.—Subject to subparagraph (C), the

President, after receiving a determination from the Com-

mission 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) A

CTION BY COMMISSION

.—

(i) I

NVESTIGATION

.—Upon request of the Presi-

dent, or upon the filing by an interested party de-

scribed 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 in-

vestigation to determine whether action under this

section continues to be necessary to remedy or prevent

material harm.

(ii) N

OTICE AND HEARING

.—The Commission

shall—

(I) publish notice of the commencement of an

investigation under clause (i) in the Federal Reg-

ister; and

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(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) R

EPORT

.—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 Presi-

dent a report on its investigation and determination

under this subparagraph.

ERIOD 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) L

IMITATION

.—

(i) I

N 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 in-

vestigation conducted under subparagraph (B)(i);

and

(II) less than 1 year has elapsed since the

Commission made its report to the President of

the results of such previous investigation.

(ii) E

XCEPTION

.—Clause (i) shall not apply with

respect to an investigation if the Commission deter-

mines good cause exists to conduct the investigation.

(e) R

EGULATIONS

.—The Commission and the Secretary of

Transportation are authorized to promulgate such rules and regu-

lations 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 Im-

plementation Act’’ and inserting ‘‘, title III of the United States-

Panama Trade Promotion Agreement Implementation Act, and sub-

title C of title III of the United States-Mexico-Canada Agreement

Implementation Act’’.

SEC. 326. CONFORMING AMENDMENTS.

(a) R

EGISTRATION OF

OTOR

ARRIERS

.—Section 13902 of title

49, United States Code, is amended by inserting at the end the fol-

lowing:

‘‘(j) M

EXICO

-D

OMICILED

OTOR

ARRIERS

.—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 speci-

fied by denying or imposing limitations on a request for registra-

tion or capping the number of requests for registration by Mexico-

domiciled motor carriers of cargo to operate beyond the municipali-

ties along the United States-Mexico international border and the

commercial zones of those municipalities as directed.’’.

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(b) E

FFECTIVE

ERIODS OF

EGISTRATION

.—Section 13905 of

title 49, United States Code, is amended by inserting at the end

the following:

‘‘(g) M

EXICO

-D

OMICILED

OTOR

ARRIERS

.—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 speci-

fied by revoking or imposing limitations on existing registrations of

Mexico-domiciled motor carriers of cargo to operate beyond the mu-

nicipalities along the United States-Mexico international border

and the commercial zones of those municipalities as directed.’’.

SEC. 327. SURVEY OF OPERATING AUTHORITIES.

The Department of Transportation shall undertake a survey of

all existing grants of operating authority to, and pending applica-

tions for operating authority from, all Mexico-domiciled motor prop-

erty carriers for operating beyond the Border Commercial Zones,

including OP-1 (MX) operating authority (Mexico-domiciled Car-

riers for Motor Carrier Authority to Operate Beyond U.S. Munici-

palities 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 Representa-

tive, 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, and Trans-

portation 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 Im-

plementation Act)’’ after ‘‘subsection (a)’’; and

(2) by inserting ‘‘or the USMCA, as the case may be,’’ after

‘‘the bilateral agreement’’.

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Subtitle B—Dispute Settlement

SEC. 411. ø19 U.S.C. 4581¿ REFERENCES IN SUBTITLE.

Any reference in this subtitle to an Annex, chapter, or article

shall be considered to be a reference to the respective Annex, chap-

ter, or article of the USMCA.

SEC. 412. ø19 U.S.C. 4582¿ ORGANIZATIONAL AND ADMINISTRATIVE

PROVISIONS.

(a) C

RITERIA FOR

ELECTION OF

NDIVIDUALS TO

ERVE ON

ELS AND

OMMITTEES

.—

(1) I

N GENERAL

.—The selection of individuals under this

section for—

(A) placement on lists prepared by the interagency

group under subsection (c)(2)(B) (i) and (ii);

(B) placement on preliminary candidate lists under

subsection (c)(3)(A);

(c)(4)(A);

(D) placement by the Trade Representative on the ros-

ters described in paragraph 1 of Annex 10–B.1 and para-

graph 1 of Annex 10–B.3; and

(E) appointment by the Trade Representative for serv-

ice on the panels and committees convened under chapter

10;

shall be made on the basis of the criteria provided in para-

graph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3

and shall be made without regard to political affiliation.

(2) A

DDITIONAL CRITERIA FOR ROSTER PLACEMENTS AND AP

POINTMENTS

.—Rosters described in paragraph 1 of Annex 10–

B.1 shall include, to the fullest extent practicable, judges and

former judges who meet the criteria referred to in paragraph

(1). The Trade Representative shall, subject to subsection (b),

appoint judges to binational panels convened under chapter 10,

extraordinary challenge committees convened under chapter

10, and special committees established under article 10.13,

where such judges offer and are available to serve and such

service is authorized by the chief judge of the court on which

they sit.

(b) S

ELECTION OF

ERTAIN

UDGES TO

ERVE ON

ANELS AND

OMMITTEES

.—

(1) A

PPLICABILITY

.—This subsection applies only with re-

spect to the selection of individuals for binational panels con-

vened under chapter 10, extraordinary challenge committees

convened under chapter 10, and special committees established

under article 10.13, who are judges of courts created under ar-

ticle III of the Constitution of the United States.

(2) C

ONSULTATION WITH CHIEF JUDGES

.—The Trade Rep-

resentative shall consult, from time to time, with the chief

judges of the Federal judicial circuits regarding the interest in,

and availability for, participation in binational panels, extraor-

dinary challenge committees, and special committees, of judges

within their respective circuits. If the chief judge of a Federal

judicial circuit determines that it is appropriate for one or

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more judges within that circuit to be included on a roster de-

scribed in subsection (a)(1)(D), the chief judge shall identify all

such judges for the Chief Justice of the United States who

may, upon his or her approval, submit the names of such

judges to the Trade Representative. The Trade Representative

shall include the names of such judges on the roster.

(3) S

UBMISSION OF LISTS TO CONGRESS

.—The Trade Rep-

resentative shall submit to the Committee on the Judiciary

and the Committee on Ways and Means of the House of Rep-

resentatives and to the Committee on Finance and the Com-

mittee on the Judiciary of the Senate a list of all judges in-

cluded on a roster under paragraph (2). Such list shall be sub-

mitted at the same time as the final candidate lists are sub-

mitted under subsection (c)(4)(A) and the final forms of amend-

ments are submitted under subsection (c)(4)(C)(iv).

(4) A

PPOINTMENT OF JUDGES TO PANELS OR COMMITTEES

.—

At such time as the Trade Representative proposes to appoint

a judge described in paragraph (1) to a binational panel, an ex-

traordinary challenge committee, or a special committee, the

Trade Representative shall consult with that judge in order to

ascertain whether the judge is available for such appointment.

ELECTION OF

THER

ANDIDATES

.—

(1) A

PPLICABILITY

.—This subsection applies only with re-

spect to the selection of individuals for binational panels con-

vened under chapter 10, extraordinary challenge committees

convened under chapter 10, and special committees established

under article 10.13, other than those individuals to whom sub-

section (b) applies.

(2) I

NTERAGENCY GROUP

.—

(A) E

STABLISHMENT

.—There is established within the

interagency organization established under section 242 of

the Trade Expansion Act of 1962 (19 U.S.C. 1872) an inter-

agency group which shall—

(i) be chaired by the Trade Representative; and

(ii) consist of such officers (or the designees there-

of) of the United States Government as the Trade Rep-

resentative considers appropriate.

(B) F

UNCTIONS

.—The interagency group established

under subparagraph (A) shall, in a manner consistent with

chapter 10—

(i) prepare by January 3 of each calendar year—

(I) a list of individuals who are qualified to

serve as members of binational panels convened

under chapter 10; and

(II) a list of individuals who are qualified to

serve on extraordinary challenge committees con-

vened under chapter 10 and special committees

established under article 10.13;

(ii) if the Trade Representative makes a request

under paragraph (4)(C)(i) with respect to a final can-

didate list during any calendar year, prepare by July

1 of such calendar year a list of those individuals who

are qualified to be added to that final candidate list;

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(iii) exercise oversight of the administration of the

United States Section that is authorized to be estab-

lished under section 105; and

(iv) make recommendations to the Trade Rep-

resentative regarding the convening of extraordinary

challenge committees and special committees under

chapter 10.

(3) P

RELIMINARY CANDIDATE LISTS

.—

(A) I

N GENERAL

.—The Trade Representative shall se-

lect individuals from the respective lists prepared by the

interagency group under paragraph (2)(B)(i) for placement

on—

(i) a preliminary candidate list of individuals eligi-

ble to serve as members of binational panels under

Annex 10–B.1; and

(ii) a preliminary candidate list of individuals eli-

gible for selection as members of extraordinary chal-

lenge committees under Annex 10–B.3 and special

committees under article 10.13.

(B) S

UBMISSION OF LISTS TO CONGRESSIONAL COMMIT

TEES

.—

(i) I

N GENERAL

.—No later than January 3 of each

calendar year, the Trade Representative shall submit

to the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Rep-

resentatives (hereafter in this section referred to as

the ‘‘appropriate Congressional Committees’’) the pre-

liminary candidate lists of those individuals selected

by the Trade Representative under subparagraph (A)

to be candidates eligible to serve on panels or commit-

tees convened pursuant to chapter 10 during the 1-

year period beginning on April 1 of such calendar

year.

(ii) A

DDITIONAL INFORMATION

.—At the time the

candidate lists are submitted under clause (i), the

Trade Representative shall submit for each individual

on the list a statement of professional qualifications.

ONSULTATION

.—Upon submission of the prelimi-

nary candidate lists under subparagraph (B) to the appro-

priate Congressional Committees, the Trade Representa-

tive shall consult with such Committees with regard to the

individuals included on the preliminary candidate lists.

(D) R

EVISION OF LISTS

.—The Trade Representative

may add and delete individuals from the preliminary can-

didate lists submitted under subparagraph (B) after con-

sultation with the appropriate Congressional Committees

regarding the additions and deletions. The Trade Rep-

resentative shall provide to the appropriate Congressional

Committees written notice of any addition or deletion of an

individual from the preliminary candidate lists, along with

the information described in subparagraph (B)(ii) with re-

spect to any proposed addition.

(4) F

INAL CANDIDATE LISTS

.—

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(A) S

UBMISSION OF LISTS TO CONGRESSIONAL COMMIT

TEES

.—No later than March 31 of each calendar year, the

Trade Representative shall submit to the appropriate Con-

gressional Committees the final candidate lists of those in-

dividuals selected by the Trade Representative to be can-

didates eligible to serve on panels and committees con-

vened under chapter 10 during the 1-year period beginning

on April 1 of such calendar year. An individual may be in-

cluded on a final candidate list only if such individual was

included in the preliminary candidate list or if written no-

tice of the addition of such individual to the preliminary

candidate list was submitted to the appropriate Congres-

sional Committees at least 15 days before the date on

which that final candidate list is submitted to such Com-

mittees under this subparagraph.

(B) F

INALITY OF LISTS

.—Except as provided in sub-

paragraph (C), no additions may be made to the final can-

didate lists after the final candidate lists are submitted to

the appropriate Congressional Committees under subpara-

graph (A).

MENDMENT OF LISTS

.—

(i) I

N GENERAL

.—If, after the Trade Representa-

tive has submitted the final candidate lists to the ap-

propriate Congressional Committees under subpara-

graph (A) for a calendar year and before July 1 of such

calendar year, the Trade Representative determines

that additional individuals need to be added to a final

candidate list, the Trade Representative shall—

(I) request the interagency group established

under paragraph (2)(A) to prepare a list of individ-

uals who are qualified to be added to such can-

didate list;

(II) select individuals from the list prepared

by the interagency group under paragraph

(2)(B)(ii) to be included in a proposed amendment

to such final candidate list; and

(III) by no later than July 1 of such calendar

year, submit to the appropriate Congressional

Committees the proposed amendments to such

final candidate list developed by the Trade Rep-

resentative under subclause (II), along with the

information described in paragraph (3)(B)(ii).

(ii) C

ONSULTATION WITH CONGRESSIONAL COMMIT

TEES

.—Upon submission of a proposed amendment

under clause (i)(III) to the appropriate Congressional

Committees, the Trade Representative shall consult

with the appropriate Congressional Committees with

regard to the individuals included in the proposed

amendment.

(iii) A

DJUSTMENT OF PROPOSED AMENDMENT

.—The

Trade Representative may add and delete individuals

from any proposed amendment submitted under

clause (i)(III) after consulting with the appropriate

Congressional Committees with regard to the addi-

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tions and deletions. The Trade Representative shall

provide to the appropriate Congressional Committees

written notice of any addition or deletion of an indi-

vidual from the proposed amendment.

(iv) F

INAL AMENDMENT

.—

(I) I

N GENERAL

.—If the Trade Representative

submits under clause (i)(III) in any calendar year

a proposed amendment to a final candidate list,

the Trade Representative shall, no later than Sep-

tember 30 of such calendar year, submit to the ap-

propriate Congressional Committees the final

form of such amendment. On October 1 of such

calendar year, such amendment shall take effect

and, subject to subclause (II), the individuals in-

cluded in the final form of such amendment shall

be added to the final candidate list.

(II) I

NCLUSION OF INDIVIDUALS

.—An indi-

vidual may be included in the final form of an

amendment submitted under subclause (I) only if

such individual was included in the proposed form

of such amendment or if written notice of the ad-

dition of such individual to the proposed form of

such amendment was submitted to the appro-

priate Congressional Committees at least 15 days

before the date on which the final form of such

amendment is submitted to such Committees

under subclause (I).

(III) E

LIGIBILITY FOR SERVICE

.—Individuals

added to a final candidate list under subclause (I)

shall be eligible to serve on panels or committees

convened under chapter 10 during the 6-month

period beginning on October 1 of the calendar year

in which such addition occurs.

(IV) F

INALITY OF AMENDMENT

.—No additions

may be made to the final form of an amendment

described in subclause (I) after the final form of

such amendment is submitted to the appropriate

Congressional Committees under subclause (I).

(5) T

REATMENT OF RESPONSES

.—For purposes of applying

section 1001 of title 18, United States Code, the written or oral

responses of individuals to inquiries of the interagency group

established under paragraph (2)(A) or of the Trade Representa-

tive regarding their personal and professional qualifications,

and financial and other relevant interests, that bear on their

suitability for the placements and appointments described in

subsection (a)(1), shall be treated as matters within the juris-

diction of an agency of the United States.

(d) S

ELECTION AND

PPOINTMENT

.—

(1) A

UTHORITY OF TRADE REPRESENTATIVE

.—The Trade

Representative is the only officer of the United States Govern-

ment authorized to act on behalf of the United States Govern-

ment in making any selection or appointment of an individual

to—

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(A) the rosters described in paragraph 1 of Annex 10–

B.1 and paragraph 1 of Annex 10–B.3; or

(B) the panels or committees convened under chapter

10; that is to be made solely or jointly by the United States

Government under the terms of the Agreement.

(2) R

ESTRICTIONS ON SELECTION AND APPOINTMENT

.—Ex-

cept as provided in paragraph (3)—

(A) the Trade Representative may—

(i) select an individual for placement on the ros-

ters described in paragraph 1 of Annex 10–B.1 and

paragraph 1 of Annex 10–B.3 during the 1-year period

beginning on April 1 of any calendar year;

(ii) appoint an individual to serve as one of those

members of any panel or committee convened under

chapter 10 during such 1-year period who, under the

terms of the USMCA, are to be appointed solely by the

United States Government; or

(iii) act to make a joint appointment with the Gov-

ernment of a USMCA country, under the terms of the

Agreement, of any individual who is a citizen or na-

tional of the United States to serve as any other mem-

ber of such a panel or committee;

only if such individual is on the appropriate final can-

didate list that was submitted to the appropriate Congres-

sional Committees under subsection (c)(4)(A) during such

calendar year or on such list as it may be amended under

subsection (c)(4)(C)(iv)(I), or on the list submitted under

subsection (b)(3) to the Congressional Committees referred

to in such subsection; and

(B) no individual may—

(i) be selected by the United States Government

for placement on the rosters described in paragraph 1

of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or

(ii) be appointed solely or jointly by the United

States Government to serve as a member of a panel or

committee convened under chapter 10;

during the 1-year period beginning on April 1 of any cal-

endar year for which the Trade Representative has not

met the requirements of subsection (a), and of subsection

(b) or (c) (as the case may be).

(3) E

XCEPTIONS

.—Notwithstanding subsection (c)(3) (other

than subparagraph (B)), subsection (c)(4), or paragraph (2)(A)

of this subsection, individuals included on the preliminary can-

didate lists submitted to the appropriate Congressional Com-

mittees under subsection (c)(3)(B) may—

(A) be selected by the Trade Representative for place-

ment on the rosters described in paragraph 1 of Annex 10–

B.1 and paragraph 1 of Annex 10–B.3 during the 3-month

period beginning on the date on which the Agreement en-

ters into force with respect to the United States; and

(B) be appointed solely or jointly by the Trade Rep-

resentative under the terms of the Agreement to serve as

members of panels or committees that are convened under

chapter 10 during such 3-month period.

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(e) T

RANSITION

.—If the USMCA enters into force after January

3, 2020, the provisions of subsection (c) shall be applied with re-

spect to the calendar year in which such entering into force oc-

curs—

(1) by substituting ‘‘the date that is 30 days after the date

on which the Agreement enters into force with respect to the

United States’’ for ‘‘January 3 of each calendar year’’ in sub-

sections (c)(2)(B)(i) and (c)(3)(B)(i); and

(2) by substituting ‘‘the date that is 3 months after the

date on which the Agreement enters into force with respect to

the United States’’ for ‘‘March 31 of each calendar year’’ in sub-

section (c)(4)(A).

(f) I

MMUNITY

.—With the exception of acts described in section

777(f)(3) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)(3)), individuals

serving on panels or committees convened pursuant to chapter 10,

and individuals designated to assist the individuals serving on such

panels or committees, shall be immune from suit and legal process

relating to acts performed by such individuals in their official ca-

pacity and within the scope of their functions as such panelists or

committee members or assistants to such panelists or committee

members.

(g) R

EGULATIONS

.—The administering authority under title VII

of the Tariff Act of 1930, the International Trade Commission, and

the Trade Representative may promulgate such regulations as are

necessary or appropriate to carry out actions in order to implement

their respective responsibilities under chapter 10. Initial regula-

tions to carry out such functions shall be issued before the date on

which the Agreement enters into force with respect to the United

States.

(h) R

EPORT TO

ONGRESS

.—At such time as the final candidate

lists are submitted under subsection (c)(4)(A) and the final forms

of amendments are submitted under subsection (c)(4)(C)(iv), the

Trade Representative shall submit to the Committee on the Judici-

ary and the Committee on Ways and Means of the House of Rep-

resentatives, and to the Committee on Finance and the Committee

on the Judiciary of the Senate, a report regarding the efforts made

to secure the participation of judges and former judges on bina-

tional panels, extraordinary challenge committees, and special com-

mittees established under chapter 10.

SEC. 413. ø19 U.S.C. 4583¿ TESTIMONY AND PRODUCTION OF PAPERS IN

EXTRAORDINARY CHALLENGES.

(a) A

UTHORITY OF

XTRAORDINARY

HALLENGE

OMMITTEE TO

BTAIN

NFORMATION

.—If an extraordinary challenge committee

(hereafter in this section referred to as the ‘‘committee’’) is con-

vened under paragraph 13 of article 10.12, and the allegations be-

fore the committee include a matter referred to in paragraph

13(a)(i) of article 10.12, for the purposes of carrying out its func-

tions and duties under Annex 10–B.3, the committee—

(1) shall have access to, and the right to copy, any docu-

ment, paper, or record pertinent to the subject matter under

consideration, in the possession of any individual, partnership,

corporation, association, organization, or other entity;

(2) may summon witnesses, take testimony, and admin-

ister oaths;

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(3) may require any individual, partnership, corporation,

association, organization, or other entity to produce documents,

books, or records relating to the matter in question; and

(4) may require any individual, partnership, corporation,

association, organization, or other entity to furnish in writing,

in such detail and in such form as the committee may pre-

scribe, information in its possession pertaining to the matter.

Any member of the committee may sign subpoenas, and members

of the committee, when authorized by the committee, may admin-

ister oaths and affirmations, examine witnesses, take testimony,

and receive evidence.

(b) W

ITNESSES AND

VIDENCE

.—The attendance of witnesses

who are authorized to be summoned, and the production of docu-

mentary evidence authorized to be ordered, under subsection (a)

may be required from any place in the United States at any des-

ignated place of hearing. In the case of disobedience to a subpoena

authorized under subsection (a), the committee may request the At-

torney General of the United States to invoke the aid of any dis-

trict or territorial court of the United States in requiring the at-

tendance and testimony of witnesses and the production of docu-

mentary evidence. Such court, within the jurisdiction of which such

inquiry is carried on, may, in case of contumacy or refusal to obey

a subpoena issued to any individual, partnership, corporation, asso-

ciation, organization, or other entity, issue an order requiring such

individual or entity to appear before the committee, or to produce

documentary evidence if so ordered or to give evidence concerning

the matter in question. Any failure to obey such order of the court

may be punished by such court as a contempt thereof.

ANDAMUS

.—Any court referred to in subsection (b) shall

have jurisdiction to issue writs of mandamus commanding compli-

ance with the provisions of this section or any order of the com-

mittee made in pursuance thereof.

(d) D

EPOSITIONS

.—The committee may order testimony to be

taken by deposition at any stage of the committee review. Such

deposition may be taken before any person designated by the com-

mittee and having power to administer oaths. Such testimony shall

be reduced to writing by the person taking the deposition, or under

the direction of such person, and shall then be subscribed by the

deponent. Any individual, partnership, corporation, association, or-

ganization, or other entity may be compelled to appear and be de-

posed and to produce documentary evidence in the same manner

as witnesses may be compelled to appear and testify and produce

documentary evidence before the committee, as provided in this

section.

SEC. 414. ø19 U.S.C. 4584¿ REQUESTS FOR REVIEW OF DETERMINA-

TIONS BY COMPETENT INVESTIGATING AUTHORITIES.

(a) D

EFINITIONS

.—As used in this section:

(1) C

OMPETENT INVESTIGATING AUTHORITY

.—The term

‘‘competent investigating authority’’ means the competent in-

vestigating authority, as defined in article 10.8, of a USMCA

country.

(2) U

NITED STATES SECRETARY

.—The term ‘‘United States

Secretary’’ means that officer of the United States referred to

in article 10.16.

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(b) R

EQUESTS FOR

EVIEW BY THE

NITED

TATES

.—In the case

of a final determination of a competent investigating authority, re-

quests by the United States for binational panel review of such de-

termination under article 10.12 shall be made by the United States

Secretary.

EQUESTS FOR

EVIEW BY A

ERSON

.—In the case of a final

determination of a competent investigating authority, a person,

within the meaning of paragraph 5 of article 10.12, may request a

binational panel review of such determination by filing such a re-

quest with the United States Secretary within the time limit pro-

vided for in paragraph 4 of article 10.12. The receipt of such re-

quest by the United States Secretary shall be deemed to be a re-

quest for binational panel review within the meaning of article

10.12. The request for such panel review shall be without prejudice

to any challenge before a binational panel of the basis for a par-

ticular request for review.

(d) S

ERVICE OF

EQUEST FOR

EVIEW

.—Whenever binational

panel review of a final determination made by a competent inves-

tigating authority is requested under this section, the United

States Secretary shall serve a copy of the request on all persons

who would otherwise be entitled under the law of the importing

country to commence proceedings for judicial review of the deter-

mination.

SEC. 415. ø19 U.S.C. 4585¿ RULES OF PROCEDURE FOR PANELS AND

COMMITTEES.

(a) R

ULES OF

ROCEDURE FOR

INATIONAL

ANELS

.—The ad-

ministering authority shall prescribe rules, negotiated in accord-

ance with paragraph 14 of article 10.12, governing, with respect to

binational panel reviews—

(1) requests for such reviews, complaints, other pleadings,

and other papers;

(2) the amendment, filing, and service of such pleadings

and papers;

(3) the joinder, suspension, and termination of such re-

views; and

(4) other appropriate procedural matters.

(b) R

ULES OF

ROCEDURE FOR

XTRAORDINARY

HALLENGE

OMMITTEES

.—The administering authority shall prescribe rules,

negotiated in accordance with paragraph 2 of Annex 10–B.3, gov-

erning the procedures for reviews by extraordinary challenge com-

mittees.

ULES OF

ROCEDURE FOR

AFEGUARDING THE

ANEL

VIEW

YSTEM

.—The administering authority shall prescribe rules,

negotiated in accordance with Annex 10–B.4, governing the proce-

dures for special committees described in such Annex.

(d) P

UBLICATION OF

ULES

.—The rules prescribed under sub-

sections (a), (b), and (c) shall be published in the Federal Register.

(e) A

DMINISTERING

UTHORITY

.—As used in this section, the

term ‘‘administering authority’’ has the meaning given such term

in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)).

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SEC. 416. ø19 U.S.C. 4586¿ SUBSIDY NEGOTIATIONS.

In the case of any trade agreement which may be entered into

by the President with a USMCA country, the negotiating objectives

of the United States with respect to subsidies shall include—

(1) achievement of increased discipline on domestic sub-

sidies provided by a foreign government, including—

(A) the provision of capital, loans, or loan guarantees

on terms inconsistent with commercial considerations;

(B) the provision of goods or services at preferential

rates;

cover operating losses sustained by a specific industry; and

(D) the assumption of any costs or expenses of manu-

facture, production, or distribution;

(2) achievement of increased discipline on export subsidies

provided by a foreign government, particularly with respect to

agricultural products; and

(3) maintenance of effective remedies against subsidized

imports, including, where appropriate, countervailing duties.

SEC. 417. ø19 U.S.C. 4587¿ IDENTIFICATION OF INDUSTRIES FACING

SUBSIDIZED IMPORTS.

(a) P

ETITIONS

.—Any entity, including a trade association, firm,

certified or recognized union, or group of workers, that is rep-

resentative of a United States industry and has reason to believe—

(1) that—

(A) as a result of implementation of provisions of the

USMCA, the industry is likely to face increased competi-

tion from subsidized imports, from a USMCA country, with

which it directly competes; or

(B) the industry is likely to face increased competition

from subsidized imports with which it directly competes

from any other country designated by the President, fol-

lowing consultations with the Congress, as benefiting from

a reduction of tariffs or other trade barriers under a trade

agreement that enters into force with respect to the United

States after January 1, 1994; and

(2) that the industry is likely to experience a deterioration

of its competitive position before more effective rules and dis-

ciplines relating to the use of government subsidies have been

developed with respect to the country concerned;

may file with the Trade Representative a petition that such indus-

try be identified under this section.

(b) I

DENTIFICATION OF

NDUSTRY

.—Within 90 days after receipt

of a petition under subsection (a), the Trade Representative, in con-

sultation with the Secretary of Commerce, shall decide whether to

identify the industry on the basis that there is a reasonable likeli-

hood that the industry may face both the subsidization described

in subsection (a)(1) and the deterioration described in subsection

(a)(2).

CTION

FTER

DENTIFICATION

.—At the request of an entity

that is representative of an industry identified under subsection

(b), the Trade Representative shall—

(1) compile and make available to the industry information

under section 308 of the Trade Act of 1974;

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(2) recommend to the President that an investigation by

the International Trade Commission be requested under sec-

tion 332 of the Tariff Act of 1930; or

(3) take actions described in both paragraphs (1) and (2).

The industry may request the Trade Representative to take appro-

priate action to update (as often as annually) any information ob-

tained under paragraph (1) or (2), or both, as the case may be,

until an agreement on more effective rules and disciplines relating

to government subsidies is reached between the United States and

the USMCA countries.

(d) I

NITIATION OF

CTION

NDER

THER

.—

(1) I

N GENERAL

The Trade Representative and the Sec-

retary of Commerce shall review information obtained under

subsection (c) and consult with the industry identified under

subsection (b) with a view to deciding whether any action is

appropriate—

(A) under section 301 of the Trade Act of 1974, includ-

ing the initiation of an investigation under section 302(c)

of that Act (in the case of the Trade Representative); or

(B) under subtitle A of title VII of the Tariff Act of

1930, including the initiation of an investigation under

section 702(a) of that Act (in the case of the Secretary of

Commerce).

(2) C

RITERIA FOR INITIATION

.—In determining whether to

initiate any investigation under section 301 of the Trade Act

of 1974 or any other trade law, other than title VII of the Tar-

iff Act of 1930, the Trade Representative, after consultation

with the Secretary of Commerce—

(A) shall seek the advice of the advisory committees

established under section 135 of the Trade Act of 1974;

(B) shall consult with the Committee on Finance of the

Senate and the Committee on Ways and Means of the

House of Representatives;

established under section 242 of the Trade Expansion Act

of 1962; and

(D) may ask the President to request advice from the

International Trade Commission.

(3) T

ITLE III ACTIONS

.—In the event an investigation is ini-

tiated under section 302(c) of the Trade Act of 1974 as a result

of a review under this subsection and the Trade Representa-

tive, following such investigation (including any applicable dis-

pute settlement proceedings under the USMCA or any other

trade agreement), determines to take action under section

301(a) of such Act, the Trade Representative shall give pref-

erence to actions that most directly affect the products that

benefit from governmental subsidies and were the subject of

the investigation, unless there are no significant imports of

such products or the Trade Representative otherwise deter-

mines that application of the action to other products would be

more effective.

(e) E

FFECT OF

ECISIONS

.—Any decision, whether positive or

negative, or any action by the Trade Representative or the Sec-

retary of Commerce under this section shall not in any way—

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(1) prejudice the right of any industry to file a petition

under any trade law;

(2) prejudice, affect, or substitute for, any proceeding, in-

vestigation, determination, or action by the Secretary of Com-

merce, the International Trade Commission, or the Trade Rep-

resentative pursuant to such a petition; or

(3) prejudice, affect, substitute for, or obviate any pro-

ceeding, investigation, or determination under section 301 of

the Trade Act of 1974, title VII of the Tariff Act of 1930, or

any other trade law.

(f) S

TANDING

.—Nothing in this section may be construed to

alter in any manner the requirements in effect before the date of

the enactment of this Act for standing under any law of the United

States or to add any additional requirements for standing under

any law of the United States.

SEC. 418. ø19 U.S.C. 4588¿ TREATMENT OF AMENDMENTS TO ANTI-

DUMPING AND COUNTERVAILING DUTY LAW.

Any amendment enacted after the USMCA that is made to—

(1) section 303 or title VII of the Tariff Act of 1930, or any

successor statute, or

(2) any other statute which—

(A) provides for judicial review of final determinations

under such section, title, or successor statute, or

(B) indicates the standard of review to be applied,

shall apply to goods from a USMCA country only to the extent

specified in the amendment.

Subtitle C—Conforming Amendments

SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTER-

VAILING 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 states-canada

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’’;

(D) by redesignating paragraphs (9) and (10) as para-

graphs (8) and (9), respectively;

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(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.

‘‘(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 subpara-

graph (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 ar-

ticle 1905 of the NAFTA’’ and inserting ‘‘article 10.13

of the USMCA’’; and

(iv) in clause (vi), by striking ‘‘paragraph 12 of ar-

ticle 1905 of the NAFTA’’ and inserting ‘‘article 10.13

of the USMCA’’;

ican 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 settle-

ment 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 Agree-

ment 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 Agree-

ment or chapter 10 of the USMCA’’;

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(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 agree-

ment or article 10.12 of the usmca’’; and

(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 Agree-

ment 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 in-

serting ‘‘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 chap-

ter 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 fol-

lowing:

‘‘(11) S

USPENSION AND TERMINATION OF SUSPENSION OF AR

TICLE 10

12 OF THE USMCA

.—

‘‘(A) S

USPENSION

.—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 arti-

cle 10.12 of the USMCA.

‘‘(B) T

ERMINATION OF SUSPENSION

.—If a special com-

mittee is reconvened and makes an affirmative determina-

tion described in article 10.13 of the USMCA, any suspen-

sion 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) N

OTICE OF SUSPENSION OR TERMINATION OF SUS

PENSION OF ARTICLE 10

12 OF THE USMCA

.—

‘‘(i) N

OTICE OF SUSPENSION

.—Upon notification by

the Trade Representative or the government of a coun-

try described in subparagraph (A) or (B) of subsection

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(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 arti-

cle 10.12 of the USMCA.

‘‘(ii) N

OTICE 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

the operation of article 10.12 of the USMCA is termi-

nated in accordance with article 10.13 of the USMCA,

the United States Secretary shall publish in the Fed-

eral 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 op-

eration of article 10.12 of the USMCA is sus-

pended 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 alle-

gation 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 ‘‘sub-

section (f)(10)(A) or (B)’’ and inserting ‘‘sub-

paragraph (A) or (B) of subsection (f)(9)’’; and

(II) in clause (ii), in the matter preceding sub-

clause (I), by striking ‘‘if a country’’ and all that

follows through ‘‘NAFTA—’’ and inserting the fol-

lowing: ‘‘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 oper-

ation of article 10.12 of the USMCA was sus-

pended 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’’.

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SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE

TARIFF ACT OF 1930.

(a) D

ISCLOSURE OF

ROPRIETARY

NFORMATION

NDER

ROTEC

TIVE

RDERS

.—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 Agree-

ment’’ 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 admin-

istering authority’’ and inserting ‘‘article 1904 of the

United States-Canada Agreement or article 10.12 of the

USMCA, 134 STAT. 65 or an extraordinary challenge com-

mittee 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 in-

serting ‘‘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-Mexico-Can-

ada Agreement Implementation Act’’; and

(5) by striking ‘‘section 516A(f)(10)’’ each place it appears

and inserting ‘‘section 516A(f)(9)’’.

(b) D

EFINITION

.—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.

(a) C

OURT OF

NTERNATIONAL

RADE

.—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)’’;

graph (A), by striking ‘‘paragraphs (1)-(3) of this sub-

section’’ and inserting ‘‘subparagraphs (A) through (C) of

this paragraph’’; and

(D) by striking the flush text and inserting the fol-

lowing:

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‘‘(2) This subsection shall not confer jurisdiction over an anti-

dumping 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 in-

serting the following:and

‘‘SEC. § 1584. CIVIL ACTIONS UNDER THE UNITED STATES-CANADA

FREE-TRADE AGREEMENT OR THE USMCA’’;

(3) ø28 U.S.C. 1581¿ in the table of sections at the begin-

ning of the chapter, by striking the item relating to section

1584 and inserting the following:

‘‘1584. Civil actions under the United States-Canada Free-Trade Agreement or the

USMCA.’’.

(b) P

ARTICULAR

ROCEEDINGS

.—Sections 2201(a) and 2643(c)(5)

of title 28, United States Code, are each amended by striking ‘‘sec-

tion 516A(f)(10)’’ and inserting ‘‘section 516A(f)(9)’’.

Subtitle D—General Provisions

SEC. 431. ø19 U.S.C. 4601¿ EFFECT OF TERMINATION OF USMCA COUN-

TRY STATUS.

(a) I

ENERAL

.—Except as provided in subsection (b), on the

date on which a country ceases to be a USMCA country, the provi-

sions 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) T

RANSITION

ROVISIONS

.—

(1) P

ROCEEDINGS REGARDING PROTECTIVE ORDERS AND UN

DERTAKINGS

.—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 sec-

tion 777(f) of the Tariff Act of 1930 (as amended by this title)

or an undertaking of the government of that country is pend-

ing, the investigation or proceeding shall continue, and sanc-

tions may continue to be imposed, in accordance with the pro-

visions of such section 777(f) (as so amended).

(2) B

INATIONAL 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

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1930 shall not begin to run until the date on which the

USMCA ceases to be in force with respect to that country.

SEC. 432. ø19 U.S.C. 1516a note¿ 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 sec-

tion notice of which is received by the Government of Canada

or Mexico before such date; or

(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

SEC. 501. DRAWBACK.

(a) ø19 U.S.C. 4534¿ C

LERICAL

MENDMENT

.—Section 208 of

this Act is amended in the section heading by striking ‘‘[reserved]’’.

(b) USMCA D

RAWBACK

.—Subsection (a) of section 203 of the

North American Free Trade Agreement Implementation Act (19

U.S.C. 3333) is—

(1) ø19 U.S.C. 4534¿ 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’’;

(i) by striking ‘‘and the amendments made by sub-

section (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

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‘‘(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).’’.

AME

IND AND

UALITY

.—Section 208 of this Act, as

amended by subsection (b), is further amended by adding at the

end the following:

‘‘(b) S

AME

IND AND

UALITY

.—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

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) C

ERTAIN

EES

; I

NAPPLICABILITY TO

OUNTERVAILING AND

NTIDUMPING

UTIES

.—Subsections (d) and (e) of section 203 of the

North American Free Trade Agreement Implementation Act (19

U.S.C. 3333) are—

(1) ø19 U.S.C. 4534¿ 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 para-

graph (3)), by striking ‘‘exported to’’ and all that follows

through the period at the end and inserting ‘‘exported to a

USMCA country.’’.

(e) C

ONFORMING

MENDMENTS

.—

(1) B

ONDED MANUFACTURING WAREHOUSES

.—Section 311 of

the Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the elev-

enth 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 Agree-

ment Implementation Act’’; and

‘‘section 3 of that Act’’.

(2) B

ONDED SMELTING AND REFINING WAREHOUSES

.—Sec-

tion 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 in-

serting ‘‘USMCA’’;

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(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 States-Mex-

ico-Canada Agreement Implementation Act’’; and

it appears and inserting ‘‘section 208(a) of that Act’’.

(3) D

RAWBACK 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 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

States-Mexico-Canada Agreement Implementation Act;’’; and

(ii) in paragraphs (2) and (3), by striking

‘‘NAFTA’’ each place it appears and inserting

‘‘USMCA’’; and

it appears and inserting ‘‘USMCA’’.

(4) M

ANIPULATION IN WAREHOUSE

.—Section 562 of the Tar-

iff Act of 1930 (19 U.S.C. 1562) is amended—

(A) by striking paragraph (1) and inserting the fol-

lowing:

‘‘(1) without payment of duties for exportation to a USMCA

country, as defined in section 3 of the United States-Mexico-

Canada Agreement Implementation Act, if the merchandise is

of a kind described in any of paragraphs (1) through (8) of sec-

tion 208(a) of that Act;’’;

(B) in paragraph (2)—

(i) by striking ‘‘section 203(a) of that Act’’ and in-

serting ‘‘section 208(a) of that Act’’; and

(ii) by striking ‘‘NAFTA’’ each place it appears and

inserting ‘‘USMCA’’; and

each place it appears and inserting ‘‘USMCA’’.

(5) F

OREIGN 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—

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(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 Im-

plementation Act’’;

(B) by striking ‘‘a NAFTA country, as defined in sec-

tion 2(4) of that Act’’ and inserting ‘‘a USMCA country, as

defined in section 3 of that Act’’; and

serting ‘‘USMCA’’.

(f) A

DDITIONAL

LERICAL

MENDMENT

.—The table of contents

for this Act is amended by striking the item relating to section 208

and inserting the following:

‘‘Sec. 208. Drawback.’’.

(g) ø19 U.S.C. 81c note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—Each transfer, redesignation, and

amendment made by subsections (b) through (e) shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a good entered, or withdrawn

from warehouse for consumption, on or after that date.

(2) T

RANSITION 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.

(a) C

LERICAL

MENDMENT

.—Subtitle A of title III of this Act is

amended in the subtitle heading by striking ‘‘[reserved]’’.

(b) A

RTICLE

MPACT IN

MPORT

ELIEF

ASES

.—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) ø19 U.S.C. 4551¿ redesignated as section 301; and

(4) amended—

(A) in the section heading, by striking ‘‘nafta’’ and in-

serting ‘‘usmca’’;

(B) in subsection (c), by striking ‘‘section 312(a)’’ and

inserting ‘‘section 302(a)’’; and

serting ‘‘USMCA’’.

RESIDENTIAL

CTION

EGARDING

MPORTS

.—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;

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(2) inserted after section 301 (as inserted and redesignated

by subsection (b));

(3) ø19 U.S.C. 4552¿ redesignated as section 302; and

(4) amended—

(A) in the section heading, by striking ‘‘nafta’’ and in-

serting ‘‘usmca’’;

(B) in subsection (b), in the subsection heading, by

striking ‘‘NAFTA’’ and inserting ‘‘USMCA’’;

striking ‘‘NAFTA’’ and inserting ‘‘USMCA’’; and

(D) by striking ‘‘NAFTA’’ each place it appears and in-

serting ‘‘USMCA’’.

(d) A

DDITIONAL

LERICAL

MENDMENTS

.—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) ø19 U.S.C. 4551 note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—Each transfer, redesignation, and

amendment made by this section shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to an investigation under chap-

ter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251

et seq.) initiated on or after that date.

(2) T

RANSITION FROM NAFTA

.—In the case of an investiga-

tion under chapter 1 of title II of the Trade Act of 1974 initi-

ated 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 in-

vestigation; 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 con-

tinue to apply on and after that date with respect to the

investigation.

SEC. 503. TEMPORARY ENTRY.

(a) C

LERICAL

MENDMENT

.—Subtitle B of title III of this Act is

amended in the subtitle heading by striking ‘‘[reserved]’’.

(b) ø19 U.S.C. 3401¿ N

ONIMMIGRANT

RADERS AND

NVES

TORS

.—Section 341 of the North American Free Trade Agreement

Implementation Act (Public Law 103-182; 107 Stat. 2116) is—

(1) ø8 U.S.C. 1184¿ transferred to subtitle B of title III of

this Act;

(2) ø8 U.S.C. 1184¿ inserted after the heading (as amend-

ed by subsection (a)) of such subtitle;

(3) ø8 U.S.C. 1194;19¿ 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’’;

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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’’.

ONIMMIGRANT

ROFESSIONALS

.—Section 214 of the Immi-

gration 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 para-

graphs (1) and (2), respectively; and

(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 States-

Mexico-Canada Agreement Implementation Act)’’; and

(ii) by striking the third and fourth sentences and

inserting the following: ‘‘For purposes of this para-

graph, 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 134

STAT. 72 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

such Agreement’’ and inserting ‘‘article 16.1 of the

USMCA’’.

(d) C

ONFORMING

MENDMENTS

.—

(1) I

NTEGRATED 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 in-

serting ‘‘USMCA (as defined in section 3 of the United States-

Mexico-Canada Agreement Implementation Act)’’.

(2) E

NHANCED 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 insert-

ing ‘‘USMCA (as defined in section 3 of the United States-Mex-

ico-Canada Agreement Implementation Act)’’.

(e) A

DDITIONAL

LERICAL

MENDMENTS

.—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.’’.

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(f) ø8 U.S.C. 1184 note¿ E

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—Each transfer, redesignation, and

amendment made by this section shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a visa issued on or after that

date.

(2) T

RANSITION 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.

SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTER-

VAILING DUTY CASES.

(a) C

LERICAL

MENDMENT

.—Subtitle B of title IV of this Act is

amended in the subtitle heading by striking ‘‘[reserved]’’.

(b) R

EFERENCES IN

UBTITLE

.—Section 401 of the North Amer-

ican Free Trade Agreement Implementation Act (19 U.S.C. 3431)

is—

(1) transferred to subtitle B of title IV of this Act and in-

serted after the heading (as amended by subsection (a)) of such

subtitle;

(2) ø19 U.S.C. 4581¿ redesignated as section 411; and

(3) amended by striking ‘‘the Agreement’’ and inserting

‘‘the USMCA’’.

RGANIZATIONAL AND

DMINISTRATIVE

ROVISIONS

.—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 in-

serted after section 411 (as inserted and redesignated by sub-

section (b));

(2) ø19 U.S.C. 4582¿ redesignated as section 412; and

(3) amended—

(A) in subsection (a)—

(i) in paragraph (1)—

(I) in subparagraph (D), by striking ‘‘in para-

graph 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 fol-

lows 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—

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(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 insert-

ing ‘‘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’’;

(i) in paragraph (1)—

(I) by striking ‘‘chapter 19’’ each place it ap-

pears 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 ap-

pears 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

(III) in subparagraph (B)(i), by striking ‘‘chap-

ter 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 para-

graph 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 ‘‘dur-

ing’’ 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 insert-

ing ‘‘chapter 10’’; and

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(bb) by striking ‘‘the Agreement’’ and in-

serting ‘‘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 ‘‘chap-

ter 19’’ and inserting ‘‘chapter 10’’; and

(iii) in paragraph (3)—

(I) in subparagraph (A), by striking ‘‘in para-

graph 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 para-

graph (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 in-

serting ‘‘chapter 10’’;

(G) in subsection (g), by striking ‘‘chapter 19’’ and in-

serting ‘‘chapter 10’’; and

(H) in subsection (h), by striking ‘‘chapter 19’’ and in-

serting ‘‘chapter 10’’.

(d) T

ESTIMONY AND

RODUCTION OF

APERS

.—Section 403 of

the North American Free Trade Agreement Implementation Act (19

U.S.C. 3433) is—

(1) transferred to subtitle B of title IV of this Act and in-

serted after section 412 (as inserted and redesignated by sub-

section (c));

(2) ø19 U.S.C. 4583¿ 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 para-

graph 13 of article 10.12, and the allegations before the com-

mittee include a matter referred to in paragraph 13(a)(i) of ar-

ticle 10.12, for the purposes of carrying out its functions and

duties under Annex 10-B.3, the committee—’’.

(e) R

EQUESTS FOR

EVIEW OF

ETERMINATIONS

.—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 in-

serted after section 413 (as inserted and redesignated by sub-

section (d));

(2) ø19 U.S.C. 4584¿ redesignated as section 414; and

(3) amended—

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(A) in the section heading, by striking ‘‘of nafta coun-

tries’’;

(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’’;

serting ‘‘article 10.12’’; and

(D) in subsection (c), by striking ‘‘article 1904’’ each

place it appears and inserting ‘‘article 10.12’’.

(f) R

ULES OF

ROCEDURE FOR

ANELS AND

OMMITTEES

.—Sec-

tion 405 of the North American Free Trade Agreement Implemen-

tation Act (19 U.S.C. 3435) is—

(1) transferred to subtitle B of title IV of this Act and in-

serted after section 414 (as inserted and redesignated by sub-

section (e));

(2) ø19 U.S.C. 4585¿ redesignated as section 415; and

(3) amended—

(A) in subsection (a), in the matter preceding para-

graph (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

inserting ‘‘Annex 10-B.4’’.

(g) S

UBSIDY

EGOTIATIONS

.—Section 406 of the North Amer-

ican Free Trade Agreement Implementation Act (19 U.S.C. 3436)

is—

(1) transferred to subtitle B of title IV of this Act and in-

serted after section 415 (as inserted and redesignated by sub-

section (f));

(2) ø19 U.S.C. 4586¿ redesignated as section 416; and

(3) amended, in the matter preceding paragraph (1), by

striking ‘‘NAFTA country’’ and inserting ‘‘USMCA country’’.

(h) I

DENTIFICATION OF

NDUSTRIES

ACING

UBSIDIZED

PORTS

.—Section 407 of the North American Free Trade Agreement

Implementation Act (19 U.S.C. 3437) is—

(1) transferred to subtitle B of title IV of this Act and in-

serted after section 416 (as inserted and redesignated by sub-

section (g));

(2) ø19 U.S.C. 4587¿ 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 para-

graph (3), by striking ‘‘NAFTA countries’’ and inserting

‘‘USMCA countries’’; and

and inserting ‘‘the USMCA’’.

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(i) T

REATMENT OF

MENDMENTS TO

.—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 in-

serted after section 417 (as inserted and redesignated by sub-

section (h));

(2) ø19 U.S.C. 4588¿ 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) A

DDITIONAL

LERICAL

MENDMENTS

.—The table of contents

for this Act is amended by striking the item relating to subtitle B

of title IV and inserting the following:

‘‘Subtitle B—Dispute Settlement

‘‘Sec. 411. References in subtitle.

‘‘Sec. 412. Organizational and administrative provisions.

‘‘Sec. 413. Testimony and production of papers in extraordinary challenges.

‘‘Sec. 414. Requests for review of determination by competent investigating authori-

ties.

‘‘Sec. 415. Rules of procedure for panels and committees.

‘‘Sec. 416. Subsidy negotiations.

‘‘Sec. 417. Identification of industries facing subsidized imports.

‘‘Sec. 418. Treatment of amendments to antidumping and countervailing duty law.’’.

(k) ø19 U.S.C. 4581 note¿ E

FFECTIVE

ATE

.—

(1) I

N 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 sec-

tion 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 re-

view, that was commenced before such date.

(2) T

RANSITION FROM NAFTA

.—The transfers, redesigna-

tions, and amendments made by this section shall not apply,

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 sec-

tion 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

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(B) to any binational panel review under NAFTA, or

any extraordinary challenge arising out of any such re-

view, that was commenced before the date on which the

USMCA enters into force.

SEC. 505. GOVERNMENT PROCUREMENT.

(a) G

ENERAL

UTHORITY

ODIFY

ISCRIMINATORY

CHASING

EQUIREMENTS

.—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 Amer-

ican 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 in-

serting ‘‘chapter 13 of the USMCA’’.

(b) D

EFINITIONS

.—Section 308(4)(A)(ii) of the Trade Agree-

ments 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’’.

FFECTIVE

ATE

.—

(1) I

N GENERAL

.—The amendments made by subsections

(a) and (b) shall—

(A) take effect on the date on which the USMCA en-

ters into force; and

(B) apply with respect to a procurement on or after

that date.

(2) T

RANSITION 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 re-

spect to the contract; and

(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 INDUS-

TRIES.

(a) I

ENERAL

.—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

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(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) ø19 U.S.C. 2242 note¿ E

FFECTIVE

ATE

.—The amendment

made by subsection (a) shall take effect on the date on which the

USMCA enters into force.

SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES.

(a) I

ENERAL

.—Section 1017(c) of the Energy Policy Act of

1992 (42 U.S.C. 2296b-6(c)) is amended by striking ‘‘North Amer-

ican Free Trade Agreement’’ and inserting ‘‘USMCA (as defined in

section 3 of the United States-Mexico-Canada Agreement Imple-

mentation Act)’’.

(b) ø42 U.S.C. 2296b-6 note¿ E

FFECTIVE

ATE

.—The amend-

ment 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 Fi-

nance of the Senate and the Committee on Ways and Means of the

House of Representatives a report setting forth a proposal for tech-

nical and conforming amendments to the laws under the jurisdic-

tion 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 IM-

PLEMENTATION ACT.

The North American Free Trade Agreement Implementation

Act (Public Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effec-

tive on the date on which the USMCA enters into force.

SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA

FREE-TRADE AGREEMENT

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 in-

serting ‘‘usmca’’; and

(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

SEC. 611. ø19 USC 4611¿ PARTICIPATION IN JOINT REVIEWS WITH CAN-

ADA AND MEXICO REGARDING EXTENSION OF THE TERM

OF THE USMCA AND OTHER ACTION REGARDING THE

USMCA

(a) I

ENERAL

.—Pursuant to the requirements of this section,

the President shall consult with the appropriate congressional com-

mittees and stakeholders before each joint review, including con-

sultation 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) C

ONSULTATIONS

ITH

ONGRESS AND

TAKEHOLDERS

.—

(1) P

UBLICATION 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 publi-

cation, provide opportunity for the presentation of views relat-

ing to the operation of the USMCA, including a public hearing.

(2) R

EPORT TO CONGRESS

.—At least 180 days before a 6-

year joint review under article 34.7 of the USMCA commences,

the Trade Representative shall report to the appropriate con-

gressional 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 pro-

posed at the review and the position of the United States

with respect to whether to extend the term of the USMCA;

solve 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.

UBSEQUENT

CTION

DDRESS

ACK OF

GREEMENT ON

ERM

XTENSION

.—

(1) I

N 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 meet-

ing conducted as required under article 34.7 of the USMCA,

the Trade Representative shall report to the appropriate con-

gressional committees regarding—

(A) any reason offered by a USMCA country regarding

why the country is unable to agree to extend the term of

the USMCA;

(B) the progress that has been made in efforts to

achieve resolution of the concerns of that country;

intends to raise during the meeting; and

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(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) A

DDITIONAL INFORMATION

.—The Trade Representative

shall also provide detailed and timely information in response

to any questions posed by the appropriate congressional com-

mittees with respect to any meeting described in paragraph (1),

including by submitting to those committees copies of any pro-

posed text that the Trade Representative plans to submit to

the other parties to the meeting.

(d) C

ONGRESSIONAL

NGAGEMENT

FTER

OINT

EVIEW

.—

(1) I

N 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) C

ONTINUED 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) D

EFINITIONS

.—In this section:

(1) J

OINT REVIEW

.—The term ‘‘joint review’’ means a re-

view 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).

Subtitle C—Termination of USMCA

SEC. 621. ø19 USC 4621¿ TERMINATION OF USMCA

(a) T

ERMINATION OF

USMCA C

OUNTRY

TATUS

.—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) T

ERMINATION 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 sub-

section and title IX) shall cease to have effect.

TITLE VII—LABOR MONITORING AND

ENFORCEMENT

SEC. 701. ø19 USC 4631¿ DEFINITIONS

In this title:

(1) L

ABOR ATTACHE

.—The term ‘‘labor attache

’’ means an

individual hired under subtitle B.

(2) L

ABOR OBLIGATIONS

.—The term ‘‘labor obligations’’

means the obligations under chapter 23 of the USMCA (relat-

ing to labor).

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(3) M

EXICO

’

S LABOR REFORM

.—The term ‘‘Mexico’s labor re-

form’’ means the legislation on labor reform enacted by Mexico

on May 1, 2019.

Subtitle A—Interagency Labor Committee

for Monitoring and Enforcement

SEC. 711. ø19 USC 4641¿ INTERAGENCY LABOR COMMITTEE FOR MONI-

TORING AND ENFORCEMENT

(a) E

STABLISHMENT

.—Not later than 90 days after the date of

the enactment of this Act, the President shall establish an Inter-

agency Labor Committee for Monitoring and Enforcement (in this

title referred to as the ‘‘Interagency Labor Committee’’), to coordi-

nate 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 obli-

gations.

(b) M

EMBERSHIP

.—The Interagency Labor Committee shall—

(1) be co-chaired by the Trade Representative and the Sec-

retary of Labor; and

(2) include representatives of such other Federal depart-

ments or agencies with relevant expertise as the President de-

termines appropriate.

EETINGS

.—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) I

NFORMATION

HARING

.—Notwithstanding any other provi-

sion of law, the members of the Interagency Labor Committee may

exchange information for purposes of carrying out this title.

SEC. 712. ø19 USC 4642¿ DUTIES

The duties of the Interagency Labor Committee shall include

the following:

(1) Coordinating the activities of departments and agencies

of the Committee in monitoring implementation of and compli-

ance 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;

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 Mex-

ico by the Inter-American Development Bank.

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(2) Establishing an ongoing dialogue with appropriate offi-

cials of the Government of Mexico regarding the implementa-

tion of Mexico’s labor reform and compliance with its labor ob-

ligations.

(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 activi-

ties in Mexico to be funded by the United States, drawing pri-

marily 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 Com-

mittee 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;

(D) labor enforcement priorities; and

(E) other relevant issues.

(6) Based on the assessments required by section 714,

making recommendations relating to dispute settlement ac-

tions to the Trade Representative, in accordance with section

715.

(7) Based on reports provided by the Forced Labor Enforce-

ment Task Force under section 743, developing recommenda-

tions for appropriate enforcement actions by the Trade Rep-

resentative.

(8) Reviewing reports submitted by the labor experts ap-

pointed in accordance with Annex 31-A of the USMCA, with

respect to the functioning of that Annex.

(9) Reviewing reports submitted by the Independent Mex-

ico Labor Expert Board under section 734.

SEC. 713. ø19 USC 4643¿ ENFORCEMENT PRIORITIES

The Interagency Labor Committee shall—

(1) review the list of priority sectors under Annex 31-A of

the USMCA and suggest to USTR additional sectors for review

by the USMCA countries as appropriate;

(2) establish and annually update a list of priority subsec-

tors within such priority sectors to be the focus of the enforce-

ment efforts of the Committee, the first of which shall consist

of—

(A) auto assembly;

(B) auto parts;

(D) industrial bakeries;

(E) electronics;

(F) call centers;

(G) mining; and

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(H) steel and aluminum; and

(3) review priority facilities within such priority subsectors

for monitoring and enforcement.

SEC. 714. ø19 USC 4644¿ ASSESSMENTS

(a) O

NGOING

SSESSMENTS

.—For the 10-year period beginning

on the date of the enactment of this Act, except as provided in sub-

section (b), the Interagency Labor Committee shall assess on a bi-

annual basis the extent to which Mexico is in compliance with its

obligations under Annex 23-A of the USMCA.

(b) C

ONSULTATION

ELATING TO

NNUAL

SSESSMENT

.—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 appro-

priate congressional committees with respect to the frequency of

the assessment required under subsection (a) and, with the ap-

proval of both such committees, may conduct such assessment on

an annual basis for the following 5 years.

ATTERS

NCLUDED

.—The assessment required

under subsection (a) shall also include each of the following:

(1) Whether Mexico is providing adequate funding to im-

plement and enforce Mexico’s labor reform, including specifi-

cally 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.

(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 fed-

eral 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 state-

ments 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.

SEC. 715. ø19 USC 4645¿ RECOMMENDATION FOR ENFORCEMENT AC-

TION

(a) R

ECOMMENDATION

NITIATE

.—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 obliga-

tions, including with respect to obligations under Annex 23-A of the

USMCA, the Committee shall recommend that the Trade Rep-

resentative initiate enforcement actions under—

(1) article 23.13 or 23.17 of the USMCA (relating to cooper-

ative labor dialogue and labor consultations);

(2) articles 31.4 and 31.6 of the USMCA (relating to dis-

pute settlement consultations); or

(3) Annex 31-A of the USMCA (relating to the rapid re-

sponse labor mechanism).

(b) T

RADE

EPRESENTATIVE

ETERMINATIONS

.—Not later than

60 days after the date on which the Trade Representative receives

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a recommendation pursuant to subsection (a), the Trade Represent-

ative shall—

(1) determine whether to initiate an enforcement action;

and

(2) if such determination is negative, submit to the appro-

priate congressional committees a report on the reasons for

such negative determination.

SEC. 716. ø19 USC 4646¿ PETITION PROCESS

(a) I

ENERAL

.—The Interagency Labor Committee shall es-

tablish procedures for submissions by the public of information

with respect to potential failures to implement the labor obligations

of a USMCA country.

(b) F

ACILITY

-S

PECIFIC

ETITIONS

.—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 in-

formation 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 en-

forcement mechanisms.

(2) If the Committee reaches a negative determination

under paragraph (1), the Committee shall certify such deter-

mination 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 de-

termination to the appropriate congressional committees in

conjunction with the reasons for such determination and

the details of any agreed-upon remediation plan.

THER

ETITIONS

.—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 in-

formation not later than 20 days after the date of the submis-

sion 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 exclu-

sively on determining, not later than 60 days after the date of

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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 deter-

mination of the Committee, initiate appropriate enforce-

ment action under such chapter 23 or chapter 31; or

(B) submit to the appropriate congressional commit-

tees a notification including the reasons for which action

was not initiated within such 60-day period.

SEC. 717. ø19 USC 4647¿ HOTLINE

The Interagency Labor Committee shall establish a web-based

hotline, monitored by the Department of Labor, to receive confiden-

tial information regarding labor issues among USMCA countries di-

rectly from interested parties, including Mexican workers.

SEC. 718. ø19 USC 4648¿ REPORTS

(a) I

ENERAL

.—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 Com-

mittee shall submit to the appropriate congressional committees a

report that includes—

(1) a description of Committee staffing and capacity build-

ing 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 strat-

egy for implementation of the labor justice system and in sub-

sequent policy statements in accordance with Mexico’s labor re-

form;

(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 deter-

mination, an explanation of the reasons for not concurring in

such determination and a commitment to provide an oral brief-

ing with respect to such explanation upon request.

(b) C

ONSULTATION

ELATING TO

NNUAL

SSESSMENT

.—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 con-

sult 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.

IVE

-Y

EAR

SSESSMENT

.—Not later than the date that is 5

years after the date of the establishment of the Interagency Labor

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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;

ter for Conciliation and Labor Registration, and an assess-

ment 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 concilia-

tion centers and labor courts in all states and an assess-

ment of their operation; and

(2) a strategic plan and recommendations for actions to ad-

dress areas of concern relating to the implementation of Mexi-

co’s labor reform, for purposes of the joint review conducted

pursuant to article 34.7 of the USMCA on the sixth anniver-

sary of the entry into force of the USMCA.

SEC. 719. ø19 USC 4649¿ CONSULTATIONS ON APPOINTMENT AND

FUNDING OF RAPID RESPONSE LABOR PANELISTS

(a) I

ENERAL

.—The Interagency Labor Committee shall con-

sult 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) F

UNDING

.—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

SEC. 721. ø19 USC 4661¿ ESTABLISHMENT

The Secretary of Labor shall—

(1) hire and fix the compensation of up to 5 additional full-

time officers or employees of the Department of Labor; and

(2) detail or assign such officers or employees to the

United States Embassy or a United States Consulate in Mexico

to carry out the duties described in section 722.

SEC. 722. ø19 USC 4662¿ DUTIES

The duties described in this section are the following:

(1) Assisting the Interagency Labor Committee to monitor

and enforce the labor obligations of Mexico.

(2) Submitting to the Interagency Labor Committee on a

quarterly basis reports on the efforts undertaken by Mexico to

comply with its labor obligations.

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SEC. 723. ø19 USC 4663¿ STATUS

Any officer or employee, while detailed or assigned under this

subtitle, shall be considered, for the purpose of preserving their al-

lowances, 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 as-

signed, 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.

Subtitle C—Independent Mexico Labor

Expert Board

SEC. 731. ø19 USC 4671¿ ESTABLISHMENT

There is hereby established a board, to be known as the ‘‘Inde-

pendent Mexico Labor Expert Board’’, to be responsible for moni-

toring and evaluating the implementation of Mexico’s labor reform

and compliance with its labor obligations. The Board shall also ad-

vise the Interagency Labor Committee with respect to capacity-

building activities needed to support such implementation and com-

pliance.

SEC. 732. ø19 USC 4672¿ MEMBERSHIP; TERM

(a) M

EMBERSHIP

.—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 com-

mittee).

(2) Two members appointed by the Speaker of the House

of Representatives, in consultation with the Chair of the Com-

mittee 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 ma-

jority 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 mi-

nority leader of the Senate and in consultation with the Rank-

ing Member of the Committee on Finance of the Senate.

(b) T

ERM

.—Except as provided in subsection (c), members of

the Board shall serve for a term of 6 years.

XTENSION OF

ERM

.—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 ma-

jority of the members of the Board may determine to extend its

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term for 4 additional years. A new Board shall be appointed in ac-

cordance with subsection (a) and shall serve for a single term of 4

years.

SEC. 733. ø19 USC 4673¿ FUNDING

The United States shall provide necessary funding to support

the work of the Board, including with respect to translation serv-

ices and personnel support.

SEC. 734. ø19 USC 4674¿ REPORTS

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 sub-

mit to appropriate congressional committees and to the Interagency

Labor Committee an annual report that—

(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 com-

pliance with its labor obligations.

Subtitle D—Forced Labor

SEC. 741. ø19 USC 4681¿ FORCED LABOR ENFORCEMENT TASK FORCE

(a) E

STABLISHMENT

.—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 enforce-

ment of the prohibition under section 307 of the Tariff Act of 1930

(19 U.S.C. 1307).

(b) M

EMBERS

; M

EETINGS

.—

(1) M

EMBERS

.—The Task Force shall be chaired by the

Secretary of Homeland Security and shall be comprised of rep-

resentatives 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 ap-

propriate.

(2) M

EETINGS

.—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 prohibi-

tion under section 307 of the Tariff Act.

SEC. 742. ø19 USC 4682¿ TIMELINE REQUIRED

(a) I

ENERAL

.—Not later than 90 days after the establish-

ment of the Forced Labor Enforcement Task Force pursuant to sec-

tion 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) C

ONSULTATION

EQUIRED

.—In establishing the timelines

during such 90-day period, the Task Force shall consult with the

appropriate congressional committees.

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EPORT

.—The Task Force shall timely submit to the appro-

priate congressional committees a report that contains the

timelines established pursuant to subsection (a) and shall make

such report publicly available.

SEC. 743. ø19 USC 4683¿ REPORTS REQUIRED

The Forced Labor Enforcement Task Force shall submit to ap-

propriate congressional committees a biannual report that includes

the following:

(1) The enforcement activities and priorities of the Depart-

ment of Homeland Security with respect to enforcing the prohi-

bition under section 307 of the Tariff Act of 1930 (19 U.S.C.

1307).

(2) The number of instances in which merchandise was de-

nied entry pursuant to such prohibition during the preceding

180-day period.

(3) A description of the merchandise so denied entry.

(4) An enforcement plan regarding goods included in the

most recent ‘‘Findings on the Worst Forms of Child Labor’’ re-

port 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 Reauthoriza-

tion Act of 2005 (22 U.S.C. 7112(b)(2)(C)).

(5) Such other information as the Forced Labor Enforce-

ment Task Force considers appropriate with respect to moni-

toring and enforcing compliance with section 307 of the Tariff

Act of 1930 (19 U.S.C. 1307).

SEC. 744. ø19 USC 4684¿ DUTIES RELATED TO MEXICO

The Task Force shall—

(1) develop, in consultation with the appropriate congres-

sional committees, an enforcement plan regarding goods pro-

duced by or with forced labor in Mexico; and

(2) report to the Interagency Labor Committee with re-

spect to any concerns relating to the enforcement of the prohi-

bition under section 307 of the Tariff Act with respect to Mex-

ico, including any allegations that may be filed with respect to

forced labor in Mexico.

Subtitle E—Enforcement Under Rapid

Response Labor Mechanism

SEC. 751. ø19 USC 4691¿ TRANSMISSION OF REPORTS

Each report issued by a rapid response labor panel constituted

in accordance with Annex 31-A of the USMCA shall be immediately

submitted to the appropriate congressional committees, the Labor

Advisory Committee established under section 135(c)(1) of the

Trade Act of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory com-

mittee), 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.

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SEC. 752. ø19 USC 4692¿ SUSPENSION OF LIQUIDATION

(a) I

ENERAL

.—If the United States files a request pursuant

to article 31-A.4.2 of Annex 31-A of the USMCA, the Trade Rep-

resentative may direct the Secretary of the Treasury to suspend

liquidation for unliquidated entries of goods from such covered fa-

cility until such time as the Trade Representative notifies the Sec-

retary that a condition described in subsection (b) has been met.

(b) R

ESUMPTION OF

IQUIDATION

.—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.

SEC. 753. ø19 USC 4693¿ FINAL REMEDIES

(a) I

ENERAL

.—If a rapid response labor panel constituted in

accordance with Annex 31-A of the USMCA determines with re-

spect to a case that there has been a denial of rights within the

meaning of such Annex, the Trade Representative may, in con-

sultation 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 pay-

ment 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 avail-

able under Annex 31-A of the USMCA, until the denial of

rights with respect to the case has been remedied.

(b) R

EMEDIATION

OTIFICATION

.—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

SEC. 801. ø19 USC 4701¿ DEFINITIONS

In this title:

(1) E

NVIRONMENTAL LAW

.—The term ‘‘environmental law’’

has the meaning given the term in article 24.1 of the USMCA.

(2) E

NVIRONMENTAL OBLIGATIONS

.—The term ‘‘environ-

mental obligations’’ means obligations relating to the environ-

ment under—

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101 Sec. 812 United States-Mexico-Canada Agreement Implementat...

(A) chapter 1 of the USMCA (relating to initial provi-

sions and general definitions); and

(B) chapter 24 of the USMCA (relating to environ-

ment).

Subtitle A—Interagency Environment

Committee for Monitoring and Enforce-

ment

SEC. 811. ø19 USC 4711¿ ESTABLISHMENT

(a) I

ENERAL

.—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 en-

force environmental obligations generally; and

(2) with respect to the USMCA countries—

(A) to carry out an assessment of their environmental

laws and policies;

(B) to carry out monitoring actions with respect to the

implementation and maintenance of their environmental

obligations; and

USMCA countries that are not in compliance with their

environmental obligations.

(b) M

EMBERSHIP

.—The members of the Interagency Environ-

ment Committee shall be the following:

(1) The Trade Representative, who shall serve as chair-

person.

(2) Representatives from each of the following:

(A) The National Oceanic Atmospheric Administration.

(B) The U.S. Fish and Wildlife 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 Devel-

opment.

(3) Representatives from other Federal agencies, as the

President determines to be appropriate.

NFORMATION

HARING

.—Notwithstanding any other provi-

sion of law, the members of the Interagency Environment Com-

mittee may exchange information for purposes of carrying out this

subtitle.

SEC. 812. ø19 USC 4712¿ ASSESSMENT

(a) I

ENERAL

.—The Interagency Environment Committee

shall carry out an assessment of the environmental laws and poli-

cies of the USMCA countries—

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(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) M

ATTERS

NCLUDED

.—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 build-

ing assistance, monitoring actions, and enforcement actions, if ap-

propriate, should be carried out on an enhanced and continuing

basis.

EPORT

.—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) U

PDATE

.—The Interagency Environment Committee shall—

(1) update the assessment required by subsection (a) at the

appropriate time prior to submission of the report required by

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 Rep-

resentative for inclusion in such fifth annual report.

(e) C

ONSULTATION

.—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).

SEC. 813. ø19 USC 4713¿ MONITORING ACTIONS

(a) I

ENERAL

.—The Interagency Environment Committee

shall carry out monitoring actions, which shall include the moni-

toring actions described in subsections (b), (c), and (d), with respect

to the implementation and maintenance of the environmental obli-

gations of the USMCA countries.

(b) R

EVIEW OF

CEC S

ECRETARIAT

UBMISSIONS

.—

(1) I

N 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 Inter-

agency Environment Committee—

(A) shall review the factual record; and

(B) may, based on findings of the review under sub-

paragraph (A) that the USMCA country is not in compli-

ance with its environmental obligations, request enforce-

ment actions under section 814 with respect to the

USMCA country.

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(2) W

RITTEN JUSTIFICATION

.—If the Interagency Environ-

ment Committee finds that a USMCA country is not in compli-

ance with its environmental obligations under paragraph (1)(B)

and determines not to request enforcement actions under sec-

tion 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 deter-

mination.

EVIEW OF

EPORTS OF

NITED

TATES

NVIRONMENT

TTACHE

STO

EXICO

.—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 ef-

forts of Mexico to comply with its environmental obligations.

(d) U

NITED

TATES

MPLEMENTATION OF

NVIRONMENT

OPERATION AND

USTOMS

ERIFICATION

GREEMENT

.—

(1) V

ERIFICATION OF SHIPMENTS

.—The Interagency Envi-

ronment 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 re-

sponse to—

(i) comments submitted by the public to request

verification of particular shipments of Mexico under

such Agreement; or

(ii) on its own motion; and

(B) upon receipt of comments described in subpara-

graph (A)(i)—

(i) shall review the comments not later than 30

days after the date on which the comments are sub-

mitted 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 de-

scribed in subparagraph (A).

(2) R

EVIEW OF RELEVANT INFORMATION AND REQUEST FOR

ADDITIONAL STEPS

.—The Interagency Environment Com-

mittee—

(A) shall review relevant information provided by Mex-

ico 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 ship-

ment of Mexico; and

(B) may request the Trade Representative to, within a

reasonable period of time, request Mexico to take such ad-

ditional steps with respect to the particular shipment.

(3) C

ONSULTATION

.—The Trade Representative, on behalf

of the Interagency Environment Committee, shall, on a quar-

terly basis, consult with the appropriate congressional commit-

tees and the Trade and Environment Policy Advisory Com-

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As Amended Through P.L. 116-260, Enacted December 27, 2020

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mittee (or successor advisory committee) established under sec-

tion 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) re-

garding the public comments and relevant information de-

scribed in paragraph (1) and the actions taken under para-

graph (2).

(e) A

PPLICATION

.—Subsections (c) and (d) shall apply with re-

spect to Mexico for such time as the USMCA is in force with re-

spect to, and the United States applies the USMCA to, Mexico.

SEC. 814. ø19 USC 4714¿ ENFORCEMENT ACTIONS

The Interagency Environment Committee—

(1) may request the Trade Representative to, within a rea-

sonable period of time, request consultations under—

(A) article 24.29 of the USMCA (relating to environ-

ment consultations) with respect to the USMCA country;

(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 de-

scribed in section 815 to initiate monitoring or enforcement ac-

tions with respect to the USMCA country under the provisions

of law described in section 815.

SEC. 815. ø19 USC 4715¿ OTHER MONITORING AND ENFORCEMENT AC-

TIONS

(a) M

ARINE

AMMAL

ROTECTION

.—The Secretary of Com-

merce has authority to take appropriate monitoring or enforcement

actions under the Marine Mammal Protection Act of 1972 (16

U.S.C. 1361 et seq.).

(b) M

AGNUSON

-S

TEVENS

ISHERY

ONSERVATION AND

ANAGE

MENT

.—The Secretary of Commerce has authority to take ap-

propriate monitoring or enforcement actions under the following

provisions of law:

(1) The Magnuson-Stevens Fishery Conservation and Man-

agement Act (16 U.S.C. 1801 et seq.).

(2) The Magnuson-Stevens Fishery Conservation and Man-

agement 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).

ISHERMEN

’

ROTECTIVE

CT OF

1967.—The Secretary of

Commerce and Secretary of the Interior have authority to take ap-

propriate monitoring or enforcement actions under section 8 of the

Fishermen’s Protective Act of 1967 (22 U.S.C. 1978).

(d) A

GREEMENT ON

ORT

TATE

EASURES

REVENT

, D

ETER

AND

LIMINATE

LLEGAL

, U

NREPORTED AND

NREGULATED

ISH

ING

.—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) E

NDANGERED

PECIES

.—The Secretary of Agriculture,

the Secretary of the Interior, the Secretary of Homeland Security,

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105 Sec. 816 United States-Mexico-Canada Agreement Implementat...

the Secretary of Commerce, and the Secretary of the Treasury have