19 U.S.C. § 4532 — Special rules for automotive goods

Page 1137 TITLE 19—CUSTOMS DUTIES § 4532 2 See References in Text note below. (A) take effect on the date on which the USMCA enters into force; and (B) apply with respect to a good entered for consumption, or withdrawn from ware- house for consumption, on or after that date. (2) Transition from NAFTA treatment Section 202 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3332),2 as in effect on the day before the date on which the USMCA enters into force, shall continue to apply on and after that date with respect to a good entered for consump- tion, or withdrawn from warehouse for con- sumption, before that date. (Pub. L. 116–113, title II, § 202, Jan. 29, 2020, 134 Stat. 20; Pub. L. 116–260, div. O, title VI, § 601(b), Dec. 27, 2020, 134 Stat. 2150.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States or HTS, referred to in subsecs. (a)(19), (b)(1), (2), (c)(1)(D)(ii), and (m), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. This Act, referred to in subsec. (c)(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. Act of June 18, 1934, referred to in subsec. (c)(3), is act June 18, 1934, ch. 590, 48 Stat. 998, popularly known as the Foreign Trade Zones Act, which is classified gen- erally to chapter 1A (§ 81a et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 81a of this title and Ta- bles. Section 202 of the North American Free Trade Agree- ment Implementation Act, referred to in subsec. (o)(2), is section 202 of Pub. L. 103–183, title II, Dec. 8, 1993, 107 Stat. 2069, which was classified to section 3332 of this title prior to repeal by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). AMENDMENTS 2020—Subsec. (c)(3). Pub. L. 116–260, § 601(b)(1), added par. (3). Subsec. (f)(2)(E). Pub. L. 116–260, § 601(b)(2), sub- stituted ‘‘any of headings 1501 through 1508’’ for ‘‘head- ing 1507, 1508,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. § 4532. Special rules for automotive goods (a) Definitions In this section: (1) Alternative staging regime The term ‘‘alternative staging regime’’ means the application, pursuant to subsection (d), of the requirements of article 8 of the automotive appendix to the production of cov- ered vehicles to allow producers of such vehi- cles to bring such production into compliance with the requirements of articles 2 through 7 of that appendix. (2) Alternative staging regime period The term ‘‘alternative staging regime pe- riod’’ means the period during which the alter- native staging regime is in effect. (3) Automotive appendix The term ‘‘automotive appendix’’ means the Appendix to Annex 4–B of the USMCA (relat- ing to the product-specific rules of origin for automotive goods). (4) Automotive good The term ‘‘automotive good’’ means— (A) a covered vehicle; or (B) a part, component, or material listed in table A.1, A.2, B, C, D, or E of the auto- motive appendix. (5) Automotive rules of origin The term ‘‘automotive rules of origin’’ means the rules of origin for automotive goods set forth in the automotive appendix. (6) Commissioner The term ‘‘Commissioner’’ means the Com- missioner of U.S. Customs and Border Protec- tion. (7) Covered vehicle The term ‘‘covered vehicle’’ means a pas- senger vehicle, light truck, or heavy truck. (8) Interagency committee The term ‘‘interagency committee’’ means the interagency committee established under subsection (b)(1). (9) Passenger vehicle; light truck; heavy truck The terms ‘‘passenger vehicle’’, ‘‘light truck’’, and ‘‘heavy truck’’ have the meanings given those terms in article 1 of the auto- motive appendix. (10) USMCA country The term ‘‘USMCA country’’ means the United States, Canada, or Mexico for such time as the USMCA is in force with respect to Canada or Mexico, and the United States ap- plies the USMCA to Canada or Mexico. (b) Establishment of interagency committee (1) In general Not later than 30 days after January 29, 2020, the President shall establish an interagency committee— (A) to provide advice, as appropriate, on the implementation, enforcement, and modi- fication of provisions of the USMCA that re- late to automotive goods, including the al- ternative staging regime; and (B) to review the operation of the USMCA with respect to trade in automotive goods, including— (i) the economic effects of the auto- motive rules of origin on the United States economy, workers, and consumers; and (ii) the impact of new technology on such rules of origin. (2) Members The members of the interagency committee shall be the following: Page 1138 TITLE 19—CUSTOMS DUTIES § 4532 (A) The Trade Representative. (B) The Secretary of Commerce. (C) The Commissioner. (D) The Secretary of Labor. (E) The Chair of the International Trade Commission. (F) Any other members determined to be necessary by the Trade Representative. (3) Chair The chair of the interagency committee shall be the Trade Representative. (4) Use of information (A) Information sharing Notwithstanding any other provision of law, the members of the interagency com- mittee may exchange information for pur- poses of carrying out this section. (B) Confidentiality of information The interagency committee and any Fed- eral agency represented on the interagency committee may not disclose to the public any confidential documents or information received in the course of carrying out this section, except information aggregated to preserve confidentiality and used in the re- ports described in subsection (g). (c) Certification requirements (1) Certification relating to labor value content requirements (A) In general A covered vehicle shall be eligible for pref- erential tariff treatment only if the pro- ducer of the covered vehicle— (i) provides a certification to the Com- missioner that the production of covered vehicles by the producer meets the labor value content requirements, including the high-wage material and manufacturing ex- penditures, high-wage technology expendi- tures, and high-wage assembly expendi- tures, as set forth in article 7 of the auto- motive appendix or, if the producer is sub- ject to the alternative staging regime, ar- ticles 7 and 8 of that appendix, and in- cludes the calculations of the producer re- lated to the labor value content require- ments; and (ii) has information on record to support those calculations. (B) Implementation For purposes of meeting the requirements under subparagraph (A)— (i) the Secretary of Labor, in consulta- tion with the Commissioner, shall ensure that the certification of a producer under subparagraph (A)(i) does not contain omis- sions or errors before the certification is considered properly filed; and (ii) a calculation described in subpara- graph (A)(i) based on a producer’s pre- ceding fiscal or calendar year is valid for the producer’s subsequent fiscal or cal- endar year, as the case may be, as set forth in articles 7 and 8 of the automotive ap- pendix. (C) Regulations required The Secretary of the Treasury, in con- sultation with the Secretary of Labor, shall prescribe regulations to carry out this para- graph, including regulations setting forth the procedures and requirements for a pro- ducer of covered vehicles to establish that the producer meets the labor value content requirements for preferential tariff treat- ment. (2) Certification relating to steel and alu- minum purchase requirements (A) In general A covered vehicle shall be eligible for pref- erential tariff treatment only if the pro- ducer of the covered vehicle— (i) provides a certification to the Com- missioner that the production of covered vehicles by the producer meets the steel and aluminum purchase requirements set forth in article 6 of the automotive appen- dix or, if the producer is subject to the al- ternative staging regime, articles 6 and 8 of that appendix; and (ii) has information on record to support the calculations relied on for the certifi- cation. (B) Implementation For purposes of meeting the requirements under subparagraph (A)— (i) the Commissioner shall ensure that the certification of a producer under sub- paragraph (A)(i) does not contain omis- sions or errors before the certification is considered properly filed; and (ii) a calculation described in subpara- graph (A)(ii) based on a producer’s pre- ceding fiscal or calendar year is valid for the producer’s subsequent fiscal or cal- endar year, as the case may be, as set forth in articles 6 and 8 of the automotive ap- pendix. (C) Regulations required The Secretary of the Treasury shall pre- scribe regulations to carry out this para- graph, including regulations setting forth the procedures and requirements for a pro- ducer of covered vehicles to establish that the producer meets the steel and aluminum purchase requirements for preferential tariff treatment. (d) Alternative staging regime (1) Publication of requirements Not later than 90 days after January 29, 2020, the Trade Representative, in consultation with the interagency committee, shall publish in the Federal Register requirements, proce- dures, and guidance required to implement the alternative staging regime, including with re- spect to the following: (A) The procedures, calculation method- ology, timeframe, specific regional value content thresholds, and other minimum re- quirements, consistent with article 8 of the automotive appendix, with which a producer of covered vehicles subject to the alternative staging regime is required to comply during the alternative staging regime period for such vehicles to be eligible for preferential tariff treatment pursuant to the alternative staging regime. Page 1139 TITLE 19—CUSTOMS DUTIES § 4532 1 So in original. Probably should be ‘‘light’’. (B) The date by which requests for the al- ternative staging regime are required to be submitted. (C) The information a producer of pas- senger vehicles or light trucks is required to provide, in the producer’s request to use the alternative staging regime, to demonstrate the actions that the producer will take to be prepared to meet all the requirements set forth in articles 2 through 7 of the auto- motive appendix after the alternative stag- ing regime period has expired, including the following: (i) A statement identifying which of the requirements set forth in articles 2 through 7 of the automotive appendix that the producer expects it will be unable to meet upon entry into force of the USMCA based on current business plans. (ii) A statement indicating whether the passenger vehicles or light trucks for which the producer seeks to use the alter- native staging regime account for 10 per- cent or less, or more than 10 percent, of the total production of passenger vehicles or light trucks, as the case may be, in USMCA countries by the producer during the 12-month period preceding the date on which the USMCA enters into force, or the average of such production during the 36- month period preceding that date, which- ever is greater. (iii) In the case of a producer that seeks to use the alternative staging regime for more than 10 percent of the producer’s total production of passenger vehicles or light trucks, as the case may be, in USMCA countries— (I) a detailed and credible plan describ- ing with specificity the actions the pro- ducer intends to take to bring produc- tion of the passenger vehicles or light trucks, as the case may be, into compli- ance with the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period expires; and (II) a statement indicating the time period for which the producer is request- ing to use the alternative staging re- gime, if that time period is greater than 5 years after the USMCA enters into force. (D) The procedures for accepting and re- viewing requests for the alternative staging regime, including that the Trade Represent- ative will— (i) notify a producer of any deficiencies in the request of the producer that would result in a denial of the request not later than 30 days after the request is sub- mitted; and (ii) provide producers the opportunity to submit supplemental information. (E) The criteria the Trade Representative, in consultation with the interagency com- mittee, will consider when determining whether to approve a request for the alter- native staging regime. Such criteria shall only include elements necessary for the pro- ducer to demonstrate the producer’s ability to meet the requirements specified in sub- paragraphs (A) and (B). The criteria shall also describe the information to meet those requirements in sufficient detail to allow the producer to identify the information necessary to complete a request for the al- ternative staging regime. (F) The opportunity for a producer de- scribed in subparagraph (C)(iii) to modify the producer’s request for the alternative staging regime. (2) Review of requests for alternative staging regime (A) In general In reviewing the request of a producer of passenger vehicles or light trucks for the al- ternative staging regime, the Trade Rep- resentative, in consultation with the inter- agency committee, shall determine— (i) whether the request covers 10 percent or less, or more than 10 percent, of the pro- duction of passenger vehicles or light trucks in USMCA countries by the pro- ducer; and (ii) whether the producer has identified with specificity which of the requirements set forth in articles 2 through 7 of the automotive appendix the producer is un- able to meet based on current business plans. (B) Approval of alternative staging regime for passenger vehicle or light truck pro- duction not exceeding 10 percent of North American production The Trade Representative shall authorize the use of the alternative staging regime if the Trade Representative, in consultation with the interagency committee, determines that— (i) the request for the alternative stag- ing regime covers passenger vehicles or light trucks that do not exceed 10 percent of the production of passenger vehicles or lights 1 trucks, as the case may be, in USMCA countries by the producer; and (ii) the producer has identified with spec- ificity which of the requirements set forth in articles 2 through 7 of the automotive appendix the producer is unable to meet based on current business plans. (C) Approval of alternative staging regime for passenger vehicle or light truck pro- duction exceeding 10 percent of North American production The Trade Representative shall authorize the use of the alternative staging regime if the Trade Representative, in consultation with the interagency committee, determines that— (i) the request for the alternative stag- ing regime covers more than 10 percent of the production of passenger vehicles or lights 1 trucks, as the case may be, in USMCA countries by the producer; (ii) the producer has identified with spec- ificity which of the requirements set forth Page 1140 TITLE 19—CUSTOMS DUTIES § 4532 in articles 2 through 7 of the automotive appendix the producer is unable to meet based on current business plans; and (iii) the detailed and credible plan of the producer submitted under paragraph (1)(C)(iii) is based on substantial evidence and reasonably calculated to bring the production of the passenger vehicles or light trucks, as the case may be, into com- pliance with the requirements set forth in articles 2 through 7 of the automotive ap- pendix after the alternative staging re- gime period has expired. (3) Procedures related to reviewing and ap- proving requests (A) Deadline for review Not later than 120 days after receiving a request of a producer for the alternative staging regime, the Trade Representative, in consultation with the interagency com- mittee, shall— (i) review the request; (ii) make a determination with respect to whether to authorize the use of the al- ternative staging regime; and (iii) provide to each producer a response in writing stating whether the producer may use the alternative staging regime. (B) Establishment of a public list The Trade Representative shall maintain, and update as necessary, a public list of the producers of covered vehicles that have been authorized to use the alternative staging re- gime. (C) Reporting Before a determination is made with re- spect to whether to authorize the use of the alternative staging regime, the Trade Rep- resentative shall provide to the appropriate congressional committees a summary of re- quests for the alternative staging regime. (4) Alternative staging regime review and modification (A) Material changes to circumstances (i) Notification If the request of a producer to use the al- ternative staging regime for more than 10 percent of the total production of pas- senger vehicles or light trucks, as the case may be, in USMCA countries by the pro- ducer has been granted, the producer shall notify the Trade Representative and the interagency committee of any material changes to the information contained in the request, including any supplemental information relating to that request, and of any material changes to circumstances, that will affect the producer’s ability to meet any of the requirements set forth in articles 2 through 7 of the automotive ap- pendix after the alternative staging re- gime period has expired. (ii) Requests for modification of plans (I) In general A producer that submits a notification under clause (i) with respect to a change described in that clause may submit to the Trade Representative and the inter- agency committee a request for modi- fication of its plan. (II) Determination regarding modifica- tion Not later than 90 days after receiving a request submitted under subclause (I), the Trade Representative, in consulta- tion with the interagency committee, shall— (aa) review the request; (bb) make a determination with re- spect to whether the modified plan is based on substantial evidence and rea- sonably calculated to ensure that the producer will still be able to meet the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired; (cc) if the Trade Representative makes an affirmative determination under item (bb), approve the modified plan; and (dd) notify the producer in writing of the determination. (iii) Inability to meet requirements If the Trade Representative, in consulta- tion with the interagency committee, de- termines that the information provided by a producer under clause (i) demonstrates that the producer will no longer be able to meet the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired, the Trade Representative shall notify the producer in writing, and no claim for preferential tariff treatment may be made, on or after the date of the determination, with respect to a covered vehicle of the producer pursuant to the al- ternative staging regime. (5) Failure to meet requirements for alter- native staging regime (A) In general If, at any time, the Trade Representative, in consultation with the interagency com- mittee, makes a determination described in subparagraph (B) with respect to a producer of covered vehicles subject to the alternative staging regime— (i) any claim for preferential tariff treat- ment under the alternative staging regime for any covered vehicle of that producer shall be considered invalid; and (ii) notwithstanding the finality of a liq- uidation of an entry, the importer of any covered vehicle of that producer shall be liable for the duties, taxes, and fees that would have been applicable to that vehicle if preferential tariff treatment pursuant to the alternative staging regime had not ap- plied when the vehicle was entered for con- sumption, or withdrawn from warehouse for consumption, plus interest assessed on or after the date of entry and before the date of the determination. Page 1141 TITLE 19—CUSTOMS DUTIES § 4532 (B) Determination described A determination described in this subpara- graph is a determination that a producer of covered vehicles subject to the alternative staging regime— (i) has failed to take the steps set forth in the producer’s request for the alter- native staging regime and, as a result of that failure, the producer will no longer be able to meet the requirements set forth in articles 2 through 7 of the automotive ap- pendix after the alternative staging re- gime period has expired; (ii) has provided false or misleading in- formation in the producer’s request; or (iii) in the case of a producer authorized to use the alternative staging regime for more than 10 percent of the total produc- tion of passenger vehicles or light trucks in USMCA countries by the producer, has failed to notify the Trade Representative under paragraph (4)(A) of material changes to circumstances that will prevent the producer from meeting any of the require- ments set forth in articles 2 through 7 of the automotive appendix after the alter- native staging regime period has expired. (e) Verification of labor value content require- ments (1) In general As part of a verification conducted under section 4533 of this title, the Secretary of the Treasury, in conjunction with the Secretary of Labor, may conduct a verification of whether a covered vehicle complies with the labor value content requirements set forth in article 7 of the automotive appendix or, if the pro- ducer is subject to the alternative staging re- gime under subsection (d), articles 7 and 8 of that appendix. (2) Role of Secretary of Labor In cooperation with the Secretary of the Treasury, the Secretary of Labor shall partici- pate in any verification conducted under para- graph (1) by verifying whether the production of covered vehicles by a producer meets the high-wage components of the labor value con- tent requirements, including the wage compo- nent of the high-wage material and manufac- turing expenditures, the high-wage technology expenditures, and the high-wage assembly ex- penditures, within the meaning given those terms in article 7 of that appendix. (3) Role of Secretary of the Treasury The Secretary of the Treasury shall partici- pate in any verification conducted under para- graph (1) by verifying— (A) the components of the labor value con- tent requirements not covered by paragraph (2), including the annual purchase value and cost components of the high-wage material and manufacturing expenditures, within the meaning given those terms in article 7 of that appendix; and (B) whether the producer has met the labor value content requirements. (4) Actions by Secretary of Labor (A) In general In participating in a verification con- ducted under paragraph (1), the Secretary of Labor shall assist the Secretary of the Treasury to do the following: (i) Examine, or cause to be examined, upon reasonable notice, any record (in- cluding any statement, declaration, docu- ment, or electronically generated or ma- chine readable data) described in the no- tice with reasonable specificity. (ii) Request information from any offi- cer, employee, or agent of a producer of automotive goods, as necessary, that may be relevant with respect to whether the production of covered vehicles meets the high-wage components of the labor value content requirements set forth in article 7 of the automotive appendix or, if the pro- ducer is subject to the alternative staging regime under subsection (d), articles 7 and 8 of that appendix. (B) Nature of information requested Records and information that may be ex- amined or requested under subparagraph (A) may relate to wages, hours, job responsibil- ities, and other information in any plant or facility relied on by a producer of covered vehicles to demonstrate that the production of such vehicles by the producer meets the labor value content requirements set forth in article 7 of the automotive appendix or, if the producer is subject to the alternative staging regime under subsection (d), articles 7 and 8 of that appendix. (5) Whistleblower protections (A) Unlawful acts It is unlawful to intimidate, threaten, re- strain, coerce, blacklist, discharge, or in any other manner discriminate against any per- son for— (i) disclosing information to a Federal agency or to any person relating to a verification under this subsection; or (ii) cooperating or seeking to cooperate in a verification under this subsection. (B) Enforcement The Secretary of the Treasury and the Secretary of Labor are authorized to take such actions under existing law, including imposing appropriate penalties and seeking appropriate injunctive relief, as may be nec- essary to ensure compliance with this sub- section and as provided for in existing regu- lations. (6) Protests of decisions of U.S. Customs and Border Protection (A) In general If a protest under section 1514 of this title of a decision of U.S. Customs and Border Protection with respect to the eligibility for preferential tariff treatment of a covered ve- hicle relates to the analysis of the Depart- ment of Labor relating to the high-wage components of the labor value content re- quirements described in paragraph (1), the Secretary of Labor shall— (i) conduct an administrative review of the portion of the decision relating to such requirements; and (ii) provide the results of that review to the Commissioner. Page 1142 TITLE 19—CUSTOMS DUTIES § 4532 (B) No accelerated disposition An importer may not request the acceler- ated disposition under section 1515(b) of this title of a protest against a decision of the Commissioner described in subparagraph (A). (f) Administration by Department of Labor The Secretary of Labor is authorized to estab- lish or designate an office within the Depart- ment of Labor to carry out the provisions of this section for which the Department is responsible. (g) Review and reports (1) Periodic review on automotive rules of ori- gin (A) In general The Trade Representative, in consultation with the interagency committee, shall con- duct a biennial review of the operation of the USMCA with respect to trade in auto- motive goods, including— (i) to the extent practicable, a summary of actions taken by producers to dem- onstrate compliance with the automotive rules of origin, use of the alternative stag- ing regime, enforcement of such rules of origin, and other relevant matters; and (ii) whether the automotive rules of ori- gin are effective and relevant in light of new technology and changes in the con- tent, production processes, and character of automotive goods. (B) Report (i) In general The Trade Representative shall submit to the appropriate congressional commit- tees a report on each review conducted under subparagraph (A). (ii) Initial report The first report required under clause (i) shall be submitted not later than 2 years after the date on which the USMCA enters into force. (iii) Termination of reporting requirement The requirement to submit reports under clause (i) shall terminate on the date that is 10 years after the date on which the USMCA enters into force. (2) Report by International Trade Commission Not later than 1 year after the submission of the first report required by paragraph (1)(B), and every 2 years thereafter until the date that is 12 years after the date on which the USMCA enters into force, the International Trade Commission shall submit to the appro- priate congressional committees and the President a report on— (A) the economic impact of the automotive rules of origin on— (i) the gross domestic product of the United States; (ii) exports from and imports into the United States; (iii) aggregate employment and employ- ment opportunities in the United States; (iv) production, investment, use of pro- ductive facilities, and profit levels in the automotive industries and other pertinent industries in the United States affected by the automotive rules of origin; (v) wages and employment of workers in the automotive sector in the United States; and (vi) the interests of consumers in the United States; (B) the operation of the automotive rules of origin and their effects on the competi- tiveness of the United States with respect to production and trade in automotive goods, taking into account developments in tech- nology, production processes, or other re- lated matters; (C) whether the automotive rules of origin are relevant in light of technological changes in the United States; and (D) such other matters as the Inter- national Trade Commission considers rel- evant to the economic impact of the auto- motive rules of origin, including prices, sales, inventories, patterns of demand, cap- ital investment, obsolescence of equipment, and diversification of production in the United States. (3) Report by Comptroller General Not later than 4 years after the date on which the USMCA enters into force, the Comp- troller General of the United States shall sub- mit to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Fi- nance of the Senate a report assessing the ef- fectiveness of United States Government interagency coordination on implementation, enforcement, and verification of the auto- motive rules of origin and the customs proce- dures of the USMCA with respect to auto- motive goods. (4) Public participation Before submitting a report under paragraph (1)(B) or (2), the agency responsible for the re- port shall— (A) solicit information relating to matters that will be addressed in the report from producers of automotive goods, labor organi- zations, and other interested parties; (B) provide for an opportunity for the sub- mission of comments, orally or in writing, from members of the public relating to such matters; and (C) after submitting the report, post a version of the report appropriate for public viewing on a publicly available internet website for the agency. (h) Effective date This section shall— (1) take effect on January 29, 2020; and (2) apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the date on which the USMCA en- ters into force. (Pub. L. 116–113, title II, § 202A, Jan. 29, 2020, 134 Stat. 33.) Page 1143 TITLE 19—CUSTOMS DUTIES § 4533 Executive Documents EX. ORD. NO. 13908. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE ON TRADE IN AUTOMOTIVE GOODS UNDER SECTION 202A OF THE UNITED STATES MEXICO CANADA AGREEMENT IMPLEMENTATION ACT Ex. Ord. No. 13908, Feb. 28, 2020, 85 F.R. 12983, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and section 202A of the United States-Mexico- Canada Agreement Implementation Act (Act) (Public Law 116–113) [19 U.S.C. 4532], it is hereby ordered as fol- lows: SECTION 1. Establishment of Interagency Committee. The Interagency Committee on Trade in Automotive Goods (Committee) is hereby established to provide advice, as appropriate, on the implementation, enforcement, and modification of provisions of the United States-Mexico- Canada Agreement (Agreement) that relate to auto- motive goods, including the automotive rules of origin and the alternative staging regime that are part of such rules. The Committee shall also review the oper- ation of the Agreement with respect to trade in auto- motive goods, including the economic effects of the automotive rules of origin on the United States econ- omy, workers, and consumers, and the impact of new technology on such rules. SEC. 2. Membership. The Committee shall be composed of the Secretary of Commerce, the Secretary of Labor, the United States Trade Representative (USTR), the Chairman of the United States International Trade Commission, and the Commissioner of U.S. Customs and Border Protection in the Department of Homeland Security. Members of the Committee may designate an officer of the United States within their respective ex- ecutive department, agency, or component to serve as their representative on the Committee. The USTR shall serve as Chair of the Committee. The USTR may invite representatives from other executive departments or agencies, as the USTR determines are necessary, to participate as members or observers, and shall include the Secretary of the Treasury as a member of the Com- mittee. Each executive department, agency, and com- ponent represented on the Committee shall ensure that the necessary staff are available to assist in performing the responsibilities of the Committee. SEC. 3. Committee Decision-making. The Committee shall endeavor to make any recommendation on an ac- tion or determination under section 202A of the Act by consensus, which shall be deemed to exist where no Committee member objects to the proposed action or determination. If the Committee is unable to reach a consensus on a proposed action or determination, the Committee may decide the matter by majority vote of its members if the Chair determines that allotting fur- ther time will unduly delay implementation of provi- sions of the Agreement that relate to automotive goods. The Chair, in addition to voting, may also break any tie vote. SEC. 4. Implementing Measures. The Secretary of the Treasury, the Secretary of Labor, and the Commis- sioner of U.S. Customs and Border Protection, are di- rected to issue, in consultation with the USTR (and with each other, as directed in the Act), such regula- tions and other measures as are necessary or appro- priate to implement section 202A of the Act. SEC. 5. General Provisions. (a) Each executive depart- ment and agency shall bear its own expenses incurred in connection with the Committee’s functions de- scribed in section 202A of the Act. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 4533. Actions regarding verification of claims under the USMCA (a) Verification (1) Origin verification (A) In general The Secretary of the Treasury may, pursu- ant to article 5.9 of the USMCA, conduct a verification of whether a good is an origi- nating good under section 4531 or 4532 of this title. (B) Additional requirements If the Secretary conducts a verification under subparagraph (A), the President may direct the Secretary— (i) during the verification process, to re- lease the good only upon payment of du- ties or provision of security; and (ii) if the Secretary makes a negative de- termination under subsection (b), to take action under subsection (c). (2) Textile and apparel goods (A) In general The Secretary of the Treasury may, pursu- ant to article 6.6 of the USMCA, conduct a verification described in subparagraph (C) with respect to a textile or apparel good. (B) Additional requirements If the Secretary conducts a verification under subparagraph (A) with respect to a textile or apparel good, the President may direct the Secretary— (i) during the verification process, to take appropriate action described in sub- paragraph (D); and (ii) if the Secretary makes a negative de- termination described in subsection (b), to take action under subsection (c). (C) Verification described A verification described in this subpara- graph with respect to a textile or apparel good is— (i) a verification of whether the good qualifies for preferential tariff treatment under the USMCA; or (ii) a verification of whether customs of- fenses are occurring or have occurred with respect to the good. (D) Action during verification Appropriate action described in this sub- paragraph may consist of— (i) release of the textile or apparel good that is the subject of a verification de- scribed in subparagraph (C) upon payment of duties or provision of security; (ii) suspension of preferential tariff treatment under the USMCA with respect to— (I) the textile or apparel good that is the subject of a verification described in