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19 U.S.C. § 4515 — Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4514&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4511/a/2&num=0&edition=prelim) to implement the USMCA shall, to
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Source file: Laws/federal/codes/united-states-code/title-19/section-4515-implementing-actions-in-anticipation-of-entry-into-force-initial-regulat--c02137c8de.md
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Source location: Title 19, Chapter 29, § 4515; chapter-029-united-states-mexico-canada-agreement-implementation.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4514&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4511/a/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4514&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4531&num=0&edition=prelim) and [section 4532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4532&num=0&edition=prelim) consistent with the USMCA.
(B) *Modifications*
(i) *In general* — Subject to the consultation and layover provisions of [section 4514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4514&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4514&num=0&edition=prelim), the President may proclaim—
(I) such modifications to the provisions proclaimed under the authority of subparagraph (A) as are necessary to implement an agreement with one or more USMCA countries pursuant to article 6.4 of the USMCA; and
(II) before the end of the 1-year period beginning on the date on which the USMCA enters into force, modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the USMCA.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) United States Section of Secretariat**
(1) **Establishment or designation of office** — The President is authorized to establish or designate within the Department of Commerce an office to serve as the United States Section of the Secretariat established under article 30.6 of the USMCA.
(2) **Functions and administrative assistance** — The office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),11 See References in Text note below. shall—
(A) carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of chapter 10 and chapter 31 of the USMCA; and
(B) provide administrative assistance to—
(i) panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(ii) technical advisers and experts provided for under chapter 31 of the USMCA;
(iii) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(iv) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
(3) **Treatment of office under Freedom of Information Act** — The office established or designated under paragraph (1) shall not be considered an agency for purposes of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(b) Authorization of appropriations** There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for—
(1) the operations of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relationship of USMCA to United States law**
(1) **United States law to prevail in conflict** — No provision of the USMCA, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States, shall have effect.
(2) **Construction** — Nothing in this Act shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
**(b) Relationship of USMCA to State law**
(1) **Legal challenge** — No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the USMCA, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) **Definition of State law** — For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
**(c) Effect of USMCA with respect to private remedies** No person other than the United States—
(1) shall have any cause of action or defense under the USMCA or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the USMCA.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international transboundary water flows originating in Mexico.
**(b) Report to Congress** Not later than 1 year after January 29, 2020, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section.
**(c) Definitions** In this section:
(1) **Covered area** — The term “covered area” means the portion of the Tijuana River watershed that is in the United States.
(2) **Eligible public entities** — The term “eligible public entities” means—
(A) the United States Section of the International Boundary and Water Commission;
(B) the Corps of Engineers;
(C) the North American Development Bank;
(D) the Department of State;
(E) any other appropriate Federal agency;
(F) the State of California; and
(G) any of the following entities with jurisdiction over any part of the covered area:
(i) A local government.
(ii) An Indian Tribe.
(iii) A regional water board.
(iv) A public wastewater utility.
(3) **Treatment works** — The term “treatment works” has the meaning given that term in [section 1292 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1292&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
If a country (other than the United States) that has signed the USMCA does not enact implementing legislation, the Trade Representative is authorized to enter into negotiations with the other country that has signed the USMCA to consider how the applicable provisions of the USMCA can come into force with respect to the United States and that other country as promptly as possible.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1128
TITLE 19—CUSTOMS DUTIES
§ 4514
(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 para-
graphs 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 au-
thority 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 sub-
paragraph (A) as are necessary to imple-
ment 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 re-
garding the provisions of chapters 50
through 63 of the USMCA.
(Pub. L. 116–113, title I, § 103, Jan. 29, 2020, 134
Stat. 15.)
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 Imple-
mentation
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4515
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