19 U.S.C. § 4502 — Definitions

Page 1125 TITLE 19—CUSTOMS DUTIES § 4502 Sec. SUCBCHAPTER V—TRANSITION TO AND EXTENSION OF USMCA PART A—JOINT REVIEWS REGARDING EXTENSION OF USMCA 4611. Participation in joint reviews with Canada and Mexico regarding extension of the term of the USMCA and other action regarding the USMCA. PART B—TERMINATION OF USMCA 4621. Termination of USMCA. SUBCHAPTER VI—LABOR MONITORING AND ENFORCEMENT 4631. Definitions. PART A—INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT 4641. Interagency Labor Committee for Monitoring and Enforcement. 4642. Duties. 4643. Enforcement priorities. 4644. Assessments. 4645. Recommendation for enforcement action. 4646. Petition process. 4647. Hotline. 4648. Reports. 4649. Consultations on appointment and funding of rapid response labor panelists. PART B—MEXICO LABOR ATTACHE´ S 4661. Establishment. 4662. Duties. 4663. Status. PART C—INDEPENDENT MEXICO LABOR EXPERT BOARD 4671. Establishment. 4672. Membership; term. 4673. Funding. 4674. Reports. PART D—FORCED LABOR 4681. Forced Labor Enforcement Task Force. 4682. Timeline required. 4683. Reports required. 4684. Duties related to Mexico. PART E—ENFORCEMENT UNDER RAPID RESPONSE LABOR MECHANISM 4691. Transmission of reports. 4692. Suspension of liquidation. 4693. Final remedies. SUBCHAPTER VII—ENVIRONMENT MONITORING AND ENFORCEMENT 4701. Definitions. PART A—INTERAGENCY ENVIRONMENT COMMITTEE FOR MONITORING AND ENFORCEMENT 4711. Establishment. 4712. Assessment. 4713. Monitoring actions. 4714. Enforcement actions. 4715. Other monitoring and enforcement actions. 4716. Report to Congress. 4717. Regulations. PART B—OTHER MATTERS 4731. Border water infrastructure improvement au- thority. 4732. Detail of personnel to Office of the United States Trade Representative. § 4501. Purpose The purpose of this Act is to approve and im- plement the Agreement between the United States of America, the United Mexican States, and Canada entered into under the authority of section 4202(b) of this title. (Pub. L. 116–113, § 2, Jan. 29, 2020, 134 Stat. 13.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mex- ico-Canada Agreement Implementation Act. For com- plete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–113, § 1(a), Jan. 29, 2020, 134 Stat. 11, pro- vided that: ‘‘This Act [enacting this chapter, repealing chapter 21 of this title, and enacting, amending, and re- pealing numerous sections and provisions set out as notes in this title and in Title 8, Aliens and Nation- ality, Title 15, Commerce and Trade, Title 22, Foreign Relations and Intercourse, Title 26, Internal Revenue Code, Title 28, Judiciary and Judicial Procedure, Title 42, The Public Health and Welfare, and Title 49, Trans- portation] may be cited as the ‘United States-Mexico- Canada Agreement Implementation Act’.’’ EFFECTIVE DATE Pub. L. 116–113, title I, § 107, Jan. 29, 2020, 134 Stat. 19, provided that: ‘‘(a) IN GENERAL.—Sections 1 through 3 [enacting this section, section 4502 of this title, and provisions set out as a note under this section] and this title [enacting subchapter I of this chapter] (other than section 103(c) [19 U.S.C. 4513(c)]) shall take effect on the date of the enactment of this Act [Jan. 29, 2020]. ‘‘(b) PROCLAMATION AUTHORITY.—Section 103(c) shall take effect on the date on which the USMCA enters into force [July 1, 2020].’’ [For definition of ‘‘USMCA’’ as used in section 107(b) of Pub. L. 116–113, set out above, see section 4502 of this title.] § 4502. Definitions In this Act: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) HTS The term ‘‘HTS’’ means the Harmonized Tariff Schedule of the United States. (3) Identical goods The term ‘‘identical goods’’ means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods. (4) International Trade Commission The term ‘‘International Trade Commis- sion’’ means the United States International Trade Commission. (5) Mexico The term ‘‘Mexico’’ means the United Mexi- can States. (6) NAFTA The term ‘‘NAFTA’’ means the North Amer- ican Free Trade Agreement approved by Con- Page 1126 TITLE 19—CUSTOMS DUTIES § 4511 1 See References in Text note below. gress under section 101(a)(1) of the North American Free Trade Agreement Implementa- tion Act (19 U.S.C. 3311(a)(1)).1 (7) Preferential tariff treatment The term ‘‘preferential tariff treatment’’ means the customs duty rate that is applica- ble to an originating good (as defined in sec- tion 4531(a) of this title) under the USMCA. (8) Trade Representative The term ‘‘Trade Representative’’ means the United States Trade Representative. (9) USMCA The term ‘‘USMCA’’ means the Agreement between the United States of America, the United Mexican States, and Canada, which is— (A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexi- can States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agree- ment 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 4511(a)(1) of this title. (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. (Pub. L. 116–113, § 3, Jan. 29, 2020, 134 Stat. 13.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mex- ico-Canada Agreement Implementation Act. For com- plete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables. The Harmonized Tariff Schedule of the United States, referred to in par. (2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Section 101(a)(1) of the North American Free Trade Agreement Implementation Act, referred to in par. (6), is section 101(a)(1) of Pub. L. 103–182, title I, Dec. 8, 1993, 107 Stat. 2061, which was classified to section 3511 of this title prior to repeal by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date on which the USMCA entered into force (July 1, 2020). SUBCHAPTER I—APPROVAL OF, AND GEN- ERAL PROVISIONS RELATING TO, THE USMCA § 4511. Approval and entry into force of the USMCA (a) Approval of USMCA and statement of admin- istrative action Pursuant to section 4205 of this title and sec- tion 2191 of this title, Congress approves— (1) the Protocol Replacing the North Amer- ican 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 sub- mitted 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 Can- ada, 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 agree- ment The President is authorized to provide for the USMCA to enter into force with respect to Can- ada and Mexico not earlier than 30 days after the date on which the President submits to Con- gress the written notice required by section 4205(a)(1)(G) of this title, which shall include the date on which the USMCA will enter into force. (Pub. L. 116–113, title I, § 101, Jan. 29, 2020, 134 Stat. 14.) § 4512. 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 provision of the USMCA, nor the applica- tion 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 rem- edies No person other than the United States— (1) shall have any cause of action or defense under the USMCA or by virtue of congres- sional approval thereof; or