United States-Mexico-Canada Agreement Implementation Act

134 STAT. 11 PUBLIC LAW 116–113—JAN. 29, 2020 Public Law 116–113 116th Congress An Act To implement the Agreement between the United States of America, the United Mexican States, and Canada attached as an Annex to the Protocol Replacing the North American Free Trade Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the ‘‘United States- Mexico-Canada Agreement Implementation Act’’. (b) TABLE OF CONTENTS.—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. Sec. 205. Reliquidation of entries. Sec. 206. Recordkeeping requirements. Sec. 207. Actions regarding verification of claims under the USMCA. Sec. 208. Drawback [reserved]. Sec. 209. Other amendments to the Tariff Act of 1930. Sec. 210. Regulations. TITLE III—APPLICATION OF USMCA TO SECTORS AND SERVICES Subtitle A—Relief From Injury Caused by Import Competition [reserved] Subtitle B—Temporary Entry of Business Persons [reserved] Subtitle C—United States-Mexico Cross-Border Long-Haul Trucking Services Sec. 321. Definitions. Sec. 322. Investigations and determinations by Commission. 19 USC 4501 note. United States- Mexico-Canada Agreement Implementation Act. Exports and imports. Jan. 29, 2020 [H.R. 5430] VerDate Sep 11 2014 13:03 Jun 11, 2020 Jkt 099139 PO 00113 Frm 00001 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.116 PUBL113 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 12 PUBLIC LAW 116–113—JAN. 29, 2020 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 [reserved] Subtitle C—Conforming Amendments Sec. 421. Judicial review in antidumping duty and countervailing duty cases. Sec. 422. Conforming amendments to other provisions of the Tariff Act of 1930. Sec. 423. Conforming amendments to title 28, United States Code. Subtitle D—General Provisions Sec. 431. Effect of termination of USMCA country status. Sec. 432. Effective date. 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. 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´s Sec. 721. Establishment. Sec. 722. Duties. Sec. 723. Status. Subtitle C—Independent Mexico Labor Expert Board Sec. 731. Establishment. Sec. 732. Membership; term. Sec. 733. Funding. VerDate Sep 11 2014 13:03 Jun 11, 2020 Jkt 099139 PO 00113 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.116 PUBL113 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 13 PUBLIC LAW 116–113—JAN. 29, 2020 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. 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. PURPOSE. The purpose of this Act is to approve and implement the Agree- ment 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 Account- ability Act of 2015 (19 U.S.C. 4202(b)). SEC. 3. DEFINITIONS. In this Act: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff Schedule of the United States. (3) IDENTICAL GOODS.—The term ‘‘identical goods’’ means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods. (4) INTERNATIONAL TRADE COMMISSION.—The term ‘‘Inter- national Trade Commission’’ means the United States Inter- national Trade Commission. (5) MEXICO.—The term ‘‘Mexico’’ means the United Mexican States. (6) NAFTA.—The term ‘‘NAFTA’’ means the North Amer- ican Free Trade Agreement approved by Congress under section 101(a)(1) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3311(a)(1)). 19 USC 4502. 19 USC 4501. VerDate Sep 11 2014 13:03 Jun 11, 2020 Jkt 099139 PO 00113 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.116 PUBL113 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 14 PUBLIC LAW 116–113—JAN. 29, 2020 (7) PREFERENTIAL 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) TRADE 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 November 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). (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. APPROVAL AND ENTRY INTO FORCE OF THE USMCA. (a) APPROVAL OF USMCA AND STATEMENT OF ADMINISTRATIVE ACTION.—Pursuant to section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves— (1) the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as submitted to Con- gress on December 13, 2019; (2) the Agreement between the United States of America, the United Mexican States, and Canada, attached as an Annex to the Protocol, as amended by the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019, as submitted to Congress on December 13, 2019; and (3) the statement of administrative action proposed to implement that Agreement, as submitted to Congress on December 13, 2019. (b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.— The President is authorized to provide for the USMCA to enter into force with respect to Canada and Mexico not earlier than 30 days after the date on which the President submits to Congress the written notice required by section 106(a)(1)(G) of the Bipartisan President. Time period. Notification. 19 USC 4511. VerDate Sep 11 2014 13:03 Jun 11, 2020 Jkt 099139 PO 00113 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.116 PUBL113 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 15 PUBLIC LAW 116–113—JAN. 29, 2020 Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(a)(1)(G)), which shall include the date on which the USMCA will enter into force. SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND STATE LAW. (a) RELATIONSHIP OF USMCA TO UNITED STATES LAW.— (1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provi- sion of the USMCA, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States, shall have effect. (2) CONSTRUCTION.—Nothing in this Act shall be con- strued— (A) to amend or modify any law of the United States, or (B) to limit any authority conferred under any law of the United States, unless specifically provided for in this Act. (b) RELATIONSHIP OF USMCA TO STATE LAW.— (1) LEGAL CHALLENGE.—No State law, or the application thereof, may be declared invalid as to any person or 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 application invalid. (2) DEFINITION 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. (c) EFFECT OF USMCA WITH RESPECT TO PRIVATE REMEDIES.— No person other than the United States— (1) shall have any cause of action or defense under the USMCA or by virtue of congressional approval thereof; or (2) may challenge, in any action brought under any 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 action or inaction is inconsistent with the USMCA. SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE; INITIAL REGULATIONS; TARIFF PROCLAMATION AUTHORITY. (a) IMPLEMENTING ACTIONS.— (1) PROCLAMATION AUTHORITY.—After the date of the enact- ment of this Act— (A) the President may proclaim such actions, and (B) other appropriate officers of the United States Government may prescribe such regulations, as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the USMCA enters into force is appropriately implemented on such date, but no such proclamation or regula- tion may have an effective date earlier than the date on which the USMCA enters into force. (2) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.— Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover Federal Register, publication. President. 19 USC 4513. 19 USC 4512. VerDate Sep 11 2014 13:03 Jun 11, 2020 Jkt 099139 PO 00113 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.116 PUBL113 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 16 PUBLIC LAW 116–113—JAN. 29, 2020 provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register. (3) WAIVER OF 15-DAY RESTRICTION.—The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the USMCA enters into force of any action proclaimed under this section. (b) INITIAL REGULATIONS.— (1) IN GENERAL.—Except as provided by paragraph (2) or (3), initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action approved under 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) UNIFORM REGULATIONS.—Interim or initial regulations to implement the Uniform Regulations regarding rules of origin provided for under article 5.16 of the USMCA shall be pre- scribed not later than the date on which the USMCA ente [Text truncated for display. Full text available on Congress.gov.]