19 U.S.C. § 4512 — Relationship of the USMCA to United

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 Page 1127 TITLE 19—CUSTOMS DUTIES § 4513 (2) may challenge, in any action brought under any provision of law, any action or inac- tion by any department, agency, or other in- strumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is incon- sistent with the USMCA. (Pub. L. 116–113, title I, § 102, Jan. 29, 2020, 134 Stat. 15.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(2), 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. § 4513. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority (a) Implementing actions (1) Proclamation authority After January 29, 2020— (A) the President may proclaim such ac- tions, and (B) other appropriate officers of the United States Government may prescribe such regu- lations, as may be necessary to ensure that any provi- sion 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 procla- mation 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 provi- sions 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 pub- lished in the Federal Register. (3) Waiver of 15-day restriction The 15-day restriction contained in para- graph (2) on the taking effect of proclaimed actions is waived to the extent that the appli- cation 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 author- ized under this Act or proposed in the state- ment of administrative action approved under section 4511(a)(2) of this title to implement the USMCA shall, to the maximum extent fea- sible, 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 or- igin 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 regula- tions 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 ex- cise 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 pro- visions of section 4514 of this title, the Presi- dent 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, includ- ing the appendices to that Annex, (C) such continuation of duty-free or ex- cise 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 conces- sions with respect to a USMCA country pro- vided 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 en- sure that imports of agricultural goods do not disrupt the orderly marketing of agricultural goods in the United States. (5) Presidential proclamation authority relat- ing to rules of origin (A) In general The President may proclaim, as part of the HTS—