dreamproit/uscode huggingface dataset:
19 U.S.C. § 4501 (CUSTOMS DUTIES)
§ 4501. Purpose
The purpose of this Act is to approve and implement 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.)
heading: References in Text
text: This Act, referred to in text, 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 below and Tables.
heading: Short Title
text: Pub. L. 116–113, § 1(a), Jan. 29, 2020, 134 Stat. 11, provided that: “This Act [enacting this chapter, repealing chapter 21 of this title, and enacting, amending, and repealing numerous sections and provisions set out as notes in this title and in Title 8, Immigration and Nationality, 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, Transportation] may be cited as the ‘United States-Mexico-Canada Agreement Implementation Act’.”
heading: Effective Date
text: 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.”
[For definition of “USMCA” as used in section 107(b) of Pub. L. 116–113, set out above, see section 4502 of this title.]
19 U.S.C. § 4502 (CUSTOMS DUTIES)
§ 4502. Definitions
In this Act:
(1) Appropriate congressional committees
The term “appropriate congressional committees” 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 Commission” means the United States International Trade Commission.
(5) Mexico
The term “Mexico” means the United Mexican States.
(6) NAFTA
The term “NAFTA” means the North American Free Trade Agreement approved by Congress under section 3311(a)(1) of this title.
(7) Preferential tariff treatment
The term “preferential tariff treatment” means the customs duty rate that is applicable to an originating good (as defined in section 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 Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement 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.)
heading: References in Text
text: This Act, referred to in text, 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.
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.
19 U.S.C. § 4511 (CUSTOMS DUTIES)
§ 4511. Approval and entry into force of the USMCA
(a) Approval of USMCA and statement of administrative action
Pursuant to section 4205 of this title and section 2191 of this title, Congress approves—
(1) the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as submitted 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 Canada, 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 agreement
The President is authorized to provide for the USMCA to enter into force with respect to Canada and Mexico not earlier than 30 days after the date on which the President submits to Congress 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.)
19 U.S.C. § 4512 (CUSTOMS DUTIES)
§ 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 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.
(Pub. L. 116–113, title I, § 102, Jan. 29, 2020, 134 Stat. 15.)
heading: References in Text
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.
19 U.S.C. § 4514 (CUSTOMS DUTIES)
§ 4514. Consultation and layover provisions for, and effective date of, proclaimed actions
If a provision of this Act provides that the implementation 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 regarding 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 proposed action before providing advice regarding the proposed action;
(2) the President has submitted to the Committee on Finance of the Senate and the Committee 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) regarding the proposed action during the period referred to in paragraph (3).
(Pub. L. 116–113, title I, § 104, Jan. 29, 2020, 134 Stat. 17.)
heading: References in Text
text: This Act, referred to in text, 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.
19 U.S.C. § 4516 (CUSTOMS DUTIES)
§ 4516. Trade Representative authority
If a country (other than the United States) that has signed the USMCA does not enact implementing legislation, the Trade Representative is authorized to enter into negotiations with the other country that has signed the USMCA to consider how the applicable provisions of the USMCA can come into force with respect to the United States and that other country as promptly as possible.
(Pub. L. 116–113, title I, § 106, Jan. 29, 2020, 134 Stat. 19.)
19 U.S.C. § 4535 (CUSTOMS DUTIES)
§ 4535. Regulations
(a) Secretary of the Treasury
The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this title 1 and the amendments made by this title 1 (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 section 4532 of this title.
(Pub. L. 116–113, title II, § 210, Jan. 29, 2020, 134 Stat. 53.)
heading: References in Text
text: This title, referred to in subsec. (a), is title II of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 19, which enacted this subchapter and amended and enacted provisions set out as notes under several sections within this title. For complete classification of title II to the Code, see Tables.
19 U.S.C. § 4561 (CUSTOMS DUTIES)
§ 4561. Temporary entry
Upon a basis of reciprocity secured by the USMCA, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in Section B of Annex 16–A of the USMCA, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the USMCA. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.
(Pub. L. 116–113, title III, § 311, formerly Pub. L. 103–182, title III, § 341(a), Dec. 8, 1993, 107 Stat. 2116; renumbered § 311 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 503(b), Jan. 29, 2020, 134 Stat. 71.)
heading: Enactment of Section
text: For delayed effective date of section, see Effective Date of 2020 Amendment note below.
heading: References in Text
text: The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Codification
text: Section was formerly classified to section 3401 of this title and section 1184 of Title 8, Aliens and Nationality, prior to renumbering by Pub. L. 116–113.
heading: Amendments
text: 2020—Pub. L. 116–113, § 503(b)(4)(C)–(E), substituted “the USMCA” for “the Agreement” wherever appearing, “Annex 16–A” for “Annex 1603”, and “article 16.1” for “Annex 1608”.
Pub. L. 116–113, § 503(b)(4)(A), (B), in original Act, struck out subsec. (a) designation and heading “Nonimmigrant Traders and Investors.—” before “Upon a basis” and struck out subsecs. (b) and (c), which had amended section 1184 of Title 8, Immigration and Nationality, resulting in no change to the text of this section.
heading: Effective Date of 2020 Amendment
text: Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force and applicable to visas issued on or after that date, see section 503(f) of Pub. L. 116–113, set out as a note under section 1184 of Title 8, Aliens and Nationality.
heading: Effective Date
text: Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, provided that: “The provisions of this subtitle [subtitle D (§§ 341, 342) of title III of Pub. L. 103–182, enacting this section and amending section 1184 of Title 8, Aliens and Nationality] take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].”
19 U.S.C. § 4573 (CUSTOMS DUTIES)
§ 4573. Commission recommendations and report
(a) In general
If the Commission makes an affirmative determination under section 4572 of this title, the Commission shall recommend the action that is necessary to address the material harm or threat of material harm found.
(b) Limitation
Only those members of the Commission who agreed to the affirmative determination under section 4572 of this title are eligible to vote on the recommendation required to be made under subsection (a).
(c) Report
Not later than the date that is 60 days after the date on which the determination is made under section 4572 of this title, the Commission shall submit to the President a report that includes—
(1) the determination and an explanation of the basis for the determination;
(2) if the determination is affirmative, recommendations for action and an explanation of the basis for the recommendation; and
(3) any dissenting or separate views by members of the Commission regarding the determination.
(d) Public notice
Upon submitting a report to the President under subsection (c), the Commission shall—
(1) promptly make public the report (with the exception of information which the Commission determines to be confidential business information); and
(2) publish a summary of the report in the Federal Register.
(Pub. L. 116–113, title III, § 323, Jan. 29, 2020, 134 Stat. 57.)
19 U.S.C. § 4581 (CUSTOMS DUTIES)
§ 4581. References in part
Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the USMCA.
(Pub. L. 116–113, title IV, § 411, formerly Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129; renumbered § 411 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(b), Jan. 29, 2020, 134 Stat. 72.)
heading: Enactment of Section
text: For delayed effective date of section, see Effective Date of 2020 Amendment note below.
heading: Codification
text: Section was formerly classified to section 3431 of this title prior to renumbering by Pub. L. 116–113.
heading: Amendments
text: 2020—Pub. L. 116–113, § 504(b)(3), substituted “the USMCA” for “the Agreement”.
heading: Effective Date of 2020 Amendment
text: Pub. L. 116–113, title V, § 504(k), Jan. 29, 2020, 134 Stat. 76, provided that:
“(1) In general.—
Each transfer, redesignation, and amendment made by this section [transferring sections 3431 to 3438 of this title, respectively, to and amending sections 4581 to 4588 of this title] shall take effect on the date on which the USMCA enters into force, but shall not apply—
“(A) to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; and
“(B) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.
“(2) Transition from nafta.—
The transfers, redesignations, and amendments made by this section shall not apply, and the provisions of title IV of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3431 et seq.], 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—
“(A) to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before the date on which the USMCA enters into force; and
“(B) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before the date on which the USMCA enters into force.”
[For definition of “USMCA” as used in section 504(k) of Pub. L. 116–113, set out above, see section 4502 of this title.]
19 U.S.C. § 4585 (CUSTOMS DUTIES)
§ 4585. Rules of procedure for panels and committees
(a) Rules of procedure for binational panels
The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews—
(1) requests for such reviews, complaints, other pleadings, and other papers;
(2) the amendment, filing, and service of such pleadings and papers;
(3) the joinder, suspension, and termination of such reviews; and
(4) other appropriate procedural matters.
(b) Rules of procedure for extraordinary challenge committees
The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for reviews by extraordinary challenge committees.
(c) Rules of procedure for safeguarding panel review system
The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special committees described in such Annex.
(d) Publication of rules
The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register.
(e) Administering authority
As used in this section, the term “administering authority” has the meaning given such term in section 1677(1) of this title.
(Pub. L. 116–113, title IV, § 415, formerly Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137; renumbered § 415 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(f), Jan. 29, 2020, 134 Stat. 75.)
heading: Enactment of Section
text: For delayed effective date of section, see Effective Date of 2020 Amendment note below.
heading: Codification
text: Section was formerly classified to section 3435 of this title prior to renumbering by Pub. L. 116–113.
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–113, § 504(f)(3)(A), substituted “article 10.12” for “article 1904” in introductory provisions.
Subsec. (b). Pub. L. 116–113, § 504(f)(3)(B), substituted “Annex 10–B.3” for “Annex 1904.13”.
Subsec. (c). Pub. L. 116–113, § 504(f)(3)(C), substituted “Annex 10–B.4” for “Annex 1905.6”.
heading: Effective Date of 2020 Amendment
text: Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title.
19 U.S.C. § 4586 (CUSTOMS DUTIES)
§ 4586. Subsidy negotiations
In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include—
(1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—
(A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential rates;
(C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture, production, or distribution;
(2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
(3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.
(Pub. L. 116–113, title IV, § 416, formerly Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138; renumbered § 416 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(g), Jan. 29, 2020, 134 Stat. 75.)
heading: Enactment of Section
text: For delayed effective date of section, see Effective Date of 2020 Amendment note below.
heading: Codification
text: Section was formerly classified to section 3436 of this title prior to renumbering by Pub. L. 116–113.
heading: Amendments
text: 2020—Pub. L. 116–113, § 504(g)(3), substituted “USMCA country” for “NAFTA country” in introductory provisions.
heading: Effective Date of 2020 Amendment
text: Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title.