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19 U.S.C. § 4514 — Consultation and layover provisions for,
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. § 4514
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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 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 Representa-
tive to exercise the authority of the President under
subsec. (c)(4) of this section and the Committee for Im-
plementation of Textile Agreements to exercise the au-
thority of the President under subsec. (c)(1) of this sec-
tion with respect to a good provided for under article
6.2 of the USMCA.
§ 4514. Consultation and layover provisions for,
and effective date of, proclaimed actions
If a provision of this Act provides that the im-
plementation of an action by the President by
proclamation is subject to the consultation and
layover requirements of this section, that action
may be proclaimed only if—
(1) the President has obtained advice regard-
ing the proposed action from—
(A) the appropriate advisory committees
established under section 2155 of this title;
and
(B) the International Trade Commission,
which shall hold a public hearing on the pro-
posed action before providing advice regard-
ing the proposed action;
(2) the President has submitted to the Com-
mittee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of
Representatives a report that sets forth—
(A) the proposed action and the reasons
therefor; and
(B) the advice obtained under paragraph
(1);
(3) a period of 60 calendar days, beginning on
the first day on which the requirements set
forth in paragraphs (1) and (2) have been met,
has expired; and
(4) the President has consulted with the
committees referred to in paragraph (2) re-
garding the proposed action during the period
referred to in paragraph (3).
(Pub. L. 116–113, title I, § 104, Jan. 29, 2020, 134
Stat. 17.)
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.
Executive Documents
DELEGATION OF FUNCTIONS
Proc. No. 10053, par. (7), June 29, 2020, 85 F.R. 39826,
authorized the United States Trade Representative to
fulfill the obligations of the President to obtain advice
from the appropriate advisory committees and the
International Trade Commission on the proposed im-
plementation of an action by Presidential proclama-
tion; to submit a report on such proposed action to the
appropriate congressional committees; and to consult
with those congressional committees regarding the
proposed action.
§ 4515. Administration of dispute settlement pro-
ceedings
(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
Cross-references
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4514
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.