112 
(1) DENIAL OF PREFERENTIAL TARIFF TREAT-
MENT.—Upon making a negative determination de-
scribed in subsection (b)(1) with respect to a good, 
the Secretary may deny preferential tariff treatment 
under the USMCA with respect to the good. 
(2) WITHHOLDING OF PREFERENTIAL TARIFF 
TREATMENT BASED ON PATTERN OF CONDUCT.—If 
verifications of origin relating to identical goods in-
dicate a pattern of conduct by an importer, exporter, 
or producer of false or unsupported representations 
relevant to a claim that a good imported into the 
United States qualifies for preferential tariff treat-
ment under the USMCA, U.S. Customs and Border 
Protection, in accordance with regulations prescribed 
by the Secretary, may withhold preferential tariff 
treatment under the USMCA for entries of those 
goods imported, exported, or produced by that per-
son until U.S. Customs and Border Protection deter-
mines that person has established compliance with 
requirements for claims for preferential tariff treat-
ment under the USMCA. 
(d) PREVENTION OF CIRCUMVENTION.—In making a 
determination under this section, including whether to ac-
cept or reject a claim for preferential tariff treatment 
under the USMCA, the Secretary shall interpret the re-
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113 
quirements of this section in a manner to avoid and pre-
vent circumvention of those requirements. 
SEC. 208. DRAWBACK [RESERVED]. 
SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 
1930. 
(a) COUNTRY OF ORIGIN MARKING.—Section 304 of 
the Tariff Act of 1930 (19 U.S.C. 1304) is amended by 
striking subsection (k) and inserting the following: 
‘‘(k) TREATMENT OF GOODS OF A USMCA COUN-
TRY.—In applying this section to an article that qualifies 
as a good of a USMCA country (as defined in section 3 
of the United States-Mexico-Canada Agreement Imple-
mentation Act)— 
‘‘(1) the exemption under subsection (a)(3)(H) 
shall be applied by substituting ‘reasonably know’ 
for ‘necessarily know’; 
‘‘(2) the Secretary shall exempt the good from 
the requirements for marking under subsection (a) if 
the good— 
‘‘(A) is an original work of art; or 
‘‘(B) is provided for under subheading 
6904.10, heading 8541, or heading 8542 of the 
Harmonized Tariff Schedule of the United 
States; and 
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114 
‘‘(3) subsection (b) does not apply to the usual 
container of any good described in subsection 
(a)(3)(E) or (I) or paragraph (2)(A) or (B) of this 
subsection.’’. 
(b) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1509(a)(2)(A)) is amended— 
(1) in clause (i), by inserting at the end ‘‘or a 
vehicle producer whose good is subject to a claim of 
preferential tariff treatment under the USMCA (as 
defined in section 3 of the United States-Mexico- 
Canada Agreement Implementation Act),’’; and 
(2) in clause (ii), by striking ‘‘a NAFTA coun-
try’’ and all that follows through ‘‘Implementation 
Act)’’ and inserting ‘‘a USMCA country (as defined 
in section 3 of the United States-Mexico-Canada 
Agreement Implementation Act)’’. 
(c) EXCHANGE OF INFORMATION.—Section 628 of 
the Tariff Act of 1930 (19 U.S.C. 1628) is amended by 
striking subsection (c) and inserting the following: 
‘‘(c) GOVERNMENT AGENCY
OF USMCA COUN-
TRY.— 
‘‘(1) IN GENERAL.—The Secretary may author-
ize U.S. Customs and Border Protection to exchange 
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115 
information with any government agency of a 
USMCA country, if the Secretary— 
‘‘(A) reasonably believes the exchange of 
information is necessary to implement chapter 
2, 4, 5, 6, or 7 of the USMCA; and 
‘‘(B) obtains assurances from such agency 
that the information will be held in confidence 
and used only for governmental purposes. 
‘‘(2) DEFINITIONS.—In this subsection, the 
terms ‘USMCA’ and ‘USMCA country’ have the 
meanings given those terms in section 3 of the 
United States-Mexico-Canada Agreement Implemen-
tation Act.’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall— 
(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 warehouse 
for consumption, on or after that date. 
(2) TRANSITION FROM NAFTA TREATMENT.—In 
the case of a good entered for consumption, or with-
drawn from warehouse for consumption, before the 
date on which the USMCA enters into force— 
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116 
(A) the amendments made by this section 
shall not apply with respect to the good; and 
(B) the provisions of law amended by this 
section, as such provisions were in effect on the 
day before that date, shall continue to apply on 
and after that date with respect to the good. 
(e) EFFECTIVE DATE RELATING TO EXCHANGE OF 
INFORMATION.—Notwithstanding the amendment made 
by subsection (c), the Secretary of the Treasury shall re-
tain the authority provided in section 628(c) of the Tariff 
Act of 1930 (as in effect on the day before the date on 
which the USMCA enters into force) to exchange informa-
tion with any government agency of a NAFTA country 
(as defined in section 2 of the North American Free Trade 
Agreement Implementation Act (as in effect on the day 
before the date on which the USMCA enters into force)). 
SEC. 210. REGULATIONS. 
(a) SECRETARY OF THE TREASURY.—The Secretary 
of the Treasury shall prescribe such regulations as may 
be necessary to carry out this title and the amendments 
made by this title (except as provided by subsection (b)). 
(b) SECRETARY OF LABOR.—The Secretary of Labor 
shall prescribe such regulations as may be necessary to 
carry out the labor value content determination under sec-
tion 202A. 
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117 
TITLE 
III—APPLICATION 
OF 
USMCA 
TO 
SECTORS 
AND 
SERVICES 
Subtitle 
A—Relief 
From 
Injury 
Caused by Import Competition 
[reserved] 
Subtitle B—Temporary Entry of 
Business Persons [reserved] 
Subtitle C—United States-Mexico 
Cross-border Long-haul Truck-
ing Services 
SEC. 321. DEFINITIONS. 
In this subtitle: 
(1) BORDER
COMMERCIAL
ZONE.—The term 
‘‘border commercial zone’’ means— 
(A) the area of United States territory of 
the municipalities along the United States-Mex-
ico international border and the commercial 
zones of such municipalities as described in 
subpart B of part 372 of title 49, Code of Fed-
eral Regulations; and 
(B) any additional border crossing and as-
sociated commercial zones listed in the Federal 
Motor Carrier Safety Administration OP–2 ap-
plication instructions or successor documents. 
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118 
(2) CARGO ORIGINATING IN MEXICO.—The term 
‘‘cargo originating in Mexico’’ means any cargo that 
enters the United States by commercial motor vehi-
cle from Mexico, including cargo that may have 
originated in a country other than Mexico. 
(3) CHANGE
IN
CIRCUMSTANCES.—The term 
‘‘change in circumstance’’ may include a substantial 
increase in services supplied by the grantee of a 
grant of authority. 
(4) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ means a commercial 
motor vehicle, as such term is defined in paragraph 
(1) of section 31132 of title 49, United States Code, 
that meets the requirements of subparagraph (A) of 
such paragraph. 
(5) 
CROSS-BORDER
LONG-HAUL
TRUCKING 
SERVICES.—The term ‘‘cross-border long-haul truck-
ing services’’ means— 
(A) the transportation by commercial 
motor vehicle of cargo originating in Mexico to 
a point in the United States outside of a border 
commercial zone; or 
(B) the transportation by commercial 
motor vehicle of cargo originating in the United 
States from a point in the United States out-
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119 
side of a border commercial zone to a point in 
a border commercial zone or a point in Mexico. 
(6) DRIVER.—The term ‘‘driver’’ means a per-
son that drives a commercial motor vehicle in cross- 
border long-haul trucking services. 
(7) GRANT OF AUTHORITY.—The term ‘‘grant 
of authority’’ means registration granted pursuant 
to section 13902 of title 49, United States Code, or 
a successor provision, to persons of Mexico to con-
duct cross-border long-haul trucking services in the 
United States. 
(8) INTERESTED PARTY.—The term ‘‘interested 
party’’ means— 
(A) persons of the United States engaged 
in the provision of cross-border long-haul truck-
ing services; 
(B) a trade or business association, a ma-
jority of whose members are part of the rel-
evant United States long-haul trucking services 
industry; 
(C) a certified or recognized union, or rep-
resentative group of suppliers, operators, or 
drivers who are part of the United States long- 
haul trucking services industry; 
(D) the Government of Mexico; or 
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(E) persons of Mexico. 
(9) MATERIAL
HARM.—The term ‘‘material 
harm’’ means a significant loss in the share of the 
United States market or relevant sub-market for 
cross-border long-haul trucking services held by per-
sons of the United States. 
(10) OPERATOR OR SUPPLIER.—The term ‘‘op-
erator’’ or ‘‘supplier’’ means an entity that has been 
granted registration under section 13902 of title 49, 
United States Code, to provide cross-border long- 
haul trucking services. 
(11) PERSONS OF MEXICO.—The term ‘‘persons 
of Mexico’’ includes— 
(A) entities domiciled in Mexico organized, 
or otherwise constituted under Mexican law, in-
cluding subsidiaries of United States companies 
domiciled in Mexico, or entities owned or con-
trolled by a Mexican national, which conduct 
cross-border long-haul trucking services, or em-
ploy drivers who are non-United States nation-
als; and 
(B) drivers who are Mexican nationals. 
(12) PERSONS OF THE UNITED STATES.—The 
term ‘‘persons of the United States’’ includes enti-
ties domiciled in the United States, organized or 
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121 
otherwise constituted under United States law, and 
not owned or controlled by persons of Mexico, which 
provide cross-border long-haul trucking services and 
long-haul commercial motor vehicle drivers who are 
United States nationals. 
(13) THREAT OF MATERIAL HARM.—The term 
‘‘threat of material harm’’ means material harm 
that is likely to occur. 
(14) UNITED
STATES
LONG-HAUL
TRUCKING 
SERVICES
INDUSTRY.—The term ‘‘United States 
long-haul trucking services industry’’ means— 
(A) United States suppliers, operators, or 
drivers as a whole providing cross-border long- 
haul trucking services; or 
(B) United States suppliers, operators, or 
drivers providing cross-border long-haul truck-
ing services in a specific sub-market of the 
whole United States market. 
SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COM-
MISSION. 
(a) INVESTIGATION.—Upon the filing of a petition by 
an interested party described in subparagraph (A), (B), 
or (C) of section 321(8) which is representative of a 
United States long-haul trucking services industry, or at 
the request of the President or the Trade Representative, 
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122 
or upon the resolution of the Committee on Ways and 
Means of the House of Representatives or the Committee 
on Finance of the Senate, the International Trade Com-
mission (in this subtitle referred to as the ‘‘Commission’’) 
shall promptly initiate an investigation to determine— 
(1) whether a request by a person of Mexico to 
receive a grant of authority that is pending as of the 
date of the filing of the petition threatens to cause 
material harm to a United States long-haul trucking 
services industry; 
(2) whether a person of Mexico who has re-
ceived a grant of authority on or after the date of 
entry into force of the USMCA and retains such 
grant of authority is causing or threatens to cause 
material harm to a United States long-haul trucking 
services industry; or 
(3) whether, with respect to a person of Mexico 
who has received a grant of authority before the 
date of entry into force of the USMCA and retains 
such grant of authority, there has been a change in 
circumstances such that such person of Mexico is 
causing or threatens to cause material harm to a 
United States long-haul trucking services industry. 
(b) TRANSMISSION OF PETITION, REQUEST, OR RES-
OLUTION.—The Commission shall transmit a copy of any 
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petition, request, or resolution filed under subsection (a) 
to the Trade Representative and the Secretary of Trans-
portation. 
(c) PUBLICATION AND HEARINGS.—The Commission 
shall— 
(1) promptly publish notice of the commence-
ment of any investigation under subsection (a) in 
the Federal Register; and 
(2) within a reasonable time period thereafter, 
hold public hearings at which the Commission shall 
afford interested parties an opportunity to be 
present, to present evidence, to respond to presen-
tations of other parties, and otherwise to be heard. 
(d) FACTORS APPLIED
IN MAKING DETERMINA-
TIONS.—In making a determination under subsection (a) 
of whether a request by a person of Mexico to receive a 
grant of authority, or a person of Mexico who has received 
a grant of authority and retains such grant of authority, 
as the case may be, threatens to cause material harm to 
a United States long-haul trucking services industry, the 
Commission shall— 
(1) consider, among other things, and as rel-
evant— 
(A) the volume and tonnage of merchan-
dise transported; and 
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