Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority

Source Credit

(a) Implementing actions
(1) Proclamation authority
After January 29, 2020—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may prescribe such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the USMCA enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the USMCA enters into force.
(2) Effective date of certain proclaimed actions
Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover provisions under section 4514 of this title may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
(3) Waiver of 15-day restriction
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the USMCA enters into force of any action proclaimed under this section.
(b) Initial regulations
(1) In general
Except as provided by paragraph (2) or (3), initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action approved under section 4511(a)(2) of this title to implement the USMCA shall, to the maximum extent feasible, be prescribed within 1 year after the date on which the USMCA enters into force.
(2) Uniform regulations
Interim or initial regulations to implement the Uniform Regulations regarding rules of origin provided for under article 5.16 of the USMCA shall be prescribed not later than the date on which the USMCA enters into force.
(3) Implementing actions with effective dates after entry into force
In the case of any implementing action that takes effect on a date after the date on which the USMCA enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be prescribed within 1 year after such effective date.
(c) Tariff modifications
(1) Tariff modifications provided for in the USMCA
The President may proclaim—
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3, the Schedule of the United States to Annex 2–B, including the appendices to that Annex, Annex 2–C, and Annex 6–A, of the USMCA.
(2) Other tariff modifications
Subject to the consultation and layover provisions of section 4514 of this title, the President may proclaim—
(A) such modifications or continuation of any duty,
(B) such modifications as the United States may agree to with a USMCA country regarding the staging of any duty treatment set forth in the Schedule of the United States to Annex 2–B of the USMCA, including the appendices to that Annex,
(C) such continuation of duty-free or excise treatment, or
(D) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to a USMCA country provided for by the USMCA.
(3) Conversion to ad valorem rates
For purposes of paragraphs (1) and (2), with respect to any good for which the base rate in the Schedule of the United States to Annex 2–B of the USMCA is a specific or compound rate of duty, the President shall substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
(4) Tariff-rate quotas
In implementing the tariff-rate quotas set forth in the Schedule of the United States to Annex 2–B of the USMCA, the President shall take such actions as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of agricultural goods in the United States.
(5) Presidential proclamation authority relating to rules of origin
(A) In general
The President may proclaim, as part of the HTS—
(i) the provisions set forth in Annex 4–B of the USMCA;
(ii) the provisions set forth in paragraph 2 of article 3.A.6 of Annex 3–A of the USMCA;
(iii) the provisions set forth in paragraph 5 of Annex 3–B of the USMCA;
(iv) the provisions set forth in paragraphs 14(b), 14(c), and 15(e) of Section B of Appendix 2 to Annex 2–B of the USMCA; and
(v) any additional subordinate category that is necessary to carry out section 4531 of this title and section 4532 of this title consistent with the USMCA.
(B) Modifications
(i) In general
Subject to the consultation and layover provisions of section 4514 of this title, the President may proclaim modifications to the provisions proclaimed under the authority of subparagraph (A), other than the provisions of chapters 50 through 63 of the USMCA.
(ii) Special rule for textiles
Notwithstanding clause (i), and subject to the consultation and layover provisions of section 4514 of this title, the President may proclaim—
(I) such modifications to the provisions proclaimed under the authority of subparagraph (A) as are necessary to implement an agreement with one or more USMCA countries pursuant to article 6.4 of the USMCA; and
(II) before the end of the 1-year period beginning on the date on which the USMCA enters into force, modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the USMCA.

History

(Pub. L. 116–113, title I, §103, Jan. 29, 2020, 134 Stat. 15.)

Editorial Notes

Editorial Notes

References in Text
This Act, referred to in subsecs. (a)(1), (2) and (b)(1), is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date of Subsection (c)
Subsec. (c) of this section effective on the date the USMCA entered into force (July 1, 2020), see section 107(b) of Pub. L. 116–113, set out as a note under section 4501 of this title.

Executive Documents

Delegation of Functions
Proc. No. 10053, pars. (5), (6), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to exercise the authority of the President under subsec. (c)(4) of this section and the Committee for Implementation of Textile Agreements to exercise the authority of the President under subsec. (c)(1) of this section with respect to a good provided for under article 6.2 of the USMCA.