HR 5430 — United States-Mexico-Canada Agreement Implementation Act

19 USC 4513.>> 103.

(2) Effective date of certain proclaimed actions.--Any action proclaimed by<<NOTE: the President under the authority of this Act that is not subject to the consultation and layover provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.

Federal Register, publication.>> by the President under the authority of this Act that is not subject to the consultation and layover [[Page 134 STAT.

16]] provisions under section 104 may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.

(b) Initial<<NOTE: 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 authorized under this Act or proposed in the statement of administrative action approved under section 101(a)(2) to implement the USMCA shall, to the maximum extent feasible, be prescribed within 1 year after the date on which the USMCA enters into force.

Deadlines.>> 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 authorized under this Act or proposed in the statement of administrative action approved under section 101(a)(2) to implement the USMCA shall, to the maximum extent feasible, be prescribed within 1 year after the date on which the USMCA enters into force.

(c) Tariff<<NOTE: 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 excise 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.

Determinations.>> 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 excise 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.

(3)[[Page Conversion134 toSTAT. 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.

17]] (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.

(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;

and (II) before<<NOTE: 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 regarding the provisions of chapters 50 through 63 of the USMCA.

Time period.>> 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 regarding the provisions of chapters 50 through 63 of the USMCA.

104.<<NOTE:

19 USC 4514.>> 104.

If a provision of<<NOTE: 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 135 of the Trade Act of 1974 (19 U.S.C.

President.>> 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-- [[Page 134 STAT.

18]] (1) the President has obtained advice regarding the proposed action from-- (A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C.

and (B) the<<NOTE: International Trade Commission, which shall hold a public hearing on the proposed action before providing advice regarding the proposed action;

(2)Hearings.>> the PresidentInternational hasTrade submittedCommission, towhich theshall Committeehold ona Financepublic ofhearing the Senate and the Committee on Ways and Means of the Houseproposed ofaction Representativesbefore aproviding reportadvice thatregarding sets forth-- (A) the proposed actionaction; and the reasons therefor;

(2) <<NOTE:

Reports.>> 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;

(3) a<<NOTE: 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;

Time period.>> 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;

105.<<NOTE:

19 USC 4515.>> 105.

(a) United States Section of Secretariat.-- (1) Establishment<<NOTE: 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 of the Secretariat established under article 30.6 of the USMCA.

President.>> 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 of the Secretariat established under article 30.6 of the USMCA.

and (2)[[Page the134 paymentSTAT. of the United States share of the expenses of-- (A) panels established under chapter 31 of the USMCA, including under Annex 31-A (relating to the Facility-Specific Rapid Response Labor Mechanism);

19]] (2) the payment of the United States share of the expenses of-- (A) panels established under chapter 31 of the USMCA, including under Annex 31-A (relating to the Facility-Specific Rapid Response Labor Mechanism);

106.<<NOTE:

19 USC 4516.>> 106.

107.<<NOTE:

19 USC 4501 note.>> 107.

``(e) Exclusion of Originating Goods of USMCA Countries.-- ``(1) In<<NOTE: general.--The President shall exempt from any duty imposed under this section any good that qualifies as an originating good under section 202 of the United States-Mexico- Canada Agreement Implementation Act of a USMCA country with respect to which preferential tariff treatment is provided under the USMCA.

President.>> In general.--The President shall exempt from any duty imposed under this section any good that qualifies as an originating good under section 202 of the United States-Mexico-Canada Agreement Implementation Act of a USMCA country with respect to which preferential tariff treatment is provided under the USMCA.

(b) Effective<<NOTE: Date.-- (1) In general.--The amendment made by subsection (a) shall-- (A) take effect on the date on which the USMCA enters into force;

19 USC 3602 note.>> Effective Date.-- [[Page 134 STAT.

20]] (1) In general.--The amendment made by subsection (a) shall-- (A) take effect on the date on which the USMCA enters into force;

RULES<<NOTE: OF ORIGIN.

19 USC 4531.>> RULES OF ORIGIN.

(G) A fish, shellfish, or other marine life taken from the sea, seabed, or subsoil outside the territory of one or[[Page more134 USMCASTAT. countries and outside the territorial sea of any country that is not a USMCA country by-- (i) a vessel that is registered or recorded with a USMCA country and flying the flag of that country;

21]] or more USMCA countries and outside the territorial sea of any country that is not a USMCA country by-- (i) a vessel that is registered or recorded with a USMCA country and flying the flag of that country;

(8)[[Page Net134 cost.--TheSTAT. term ``net cost'' means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost.

22]] (8) Net cost.--The term ``net cost'' means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost.

(20)[[Page Royalties.--The134 termSTAT. ``royalties'' means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use of, or right to use, a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or secret process, excluding payments under technical assistance or similar agreements that can be related to a specific service such as-- (A) personnel training, without regard to where the training is performed;

23]] (20) Royalties.--The term ``royalties'' means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use of, or right to use, a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or secret process, excluding payments under technical assistance or similar agreements that can be related to a specific service such as-- (A) personnel training, without regard to where the training is performed;

(23)[[Page Shipping134 andSTAT. packing costs.--The term ``shipping and packing costs'' means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding the costs of preparing and packaging the good for retail sale.

24]] (23) Shipping and packing costs.--The term ``shipping and packing costs'' means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding the costs of preparing and packaging the good for retail sale.

(3) Cost or value.--Any cost or value referred to in this section with respect to a good shall be recorded and maintained in accordance with the generally accepted accounting principles applicable[[Page in134 theSTAT. territory of the USMCA country in which the good is produced.

25]] applicable in the territory of the USMCA country in which the good is produced.

(2) Transaction value method.-- (A)[[Page In134 general.--AnSTAT. importer, exporter, or producer of a good may calculate the regional value content of the good on the basis of the following transaction value method:

26]] (A) In general.--An importer, exporter, or producer of a good may calculate the regional value content of the good on the basis of the following transaction value method:

RVC = ---------- x<dbl-dagger> 100 TV ......................

RVC = ---------- x<dbl-dagger> 100 NC ......................

(5) Net cost method required in certain cases.--An importer, exporter, or producer of a good shall calculate the regional value content of the good solely on the basis of the net cost method described in paragraph (3) if the rule for the good set forth in Annex 4-B of the USMCA includes a regional[[Page value134 contentSTAT. requirement not based on the transaction value method described in paragraph (2).

(6)27]] Net cost method allowed for adjustments.-- (A) In general.--If an importer, exporter, or producer of a good calculates the regional value content ofrequirement thenot goodbased on the basis of the transaction value method described in paragraph (2)(2). and a USMCA country subsequently notifies the importer, exporter, or producer, during the course of a verification conducted in accordance with chapter 5 or 6 of the USMCA, that the transaction value of the good or the value of any material used in the production of the good must be adjusted or is unacceptable under article of the Customs Valuation Agreement, the importer, exporter, or producer may calculate the regional value content of the good on the basis of the net cost method.

(6) Net cost method allowed for adjustments.-- (A) In general.--If an importer, exporter, or producer of a good calculates the regional value content of the good on the basis of the transaction value method described in paragraph (2) and a USMCA country subsequently notifies the importer, exporter, or producer, during the course of a verification conducted in accordance with chapter 5 or 6 of the USMCA, that the transaction value of the good or the value of any material used in the production of the good must be adjusted or is unacceptable under article 1 of the Customs Valuation Agreement, the importer, exporter, or producer may calculate the regional value content of the good on the basis of the net cost method.

(7) Calculating net cost.--The producer of a good may, consistent with regulations implementing this section, calculate the net cost of the good under paragraph (3) by-- (A) calculating the total cost incurred with respect to all goods produced by that producer, subtracting any sales promotion, marketing, and after-after-sales sales services costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of those goods, and then reasonably allocating the resulting net cost of those goods to the good;

(B) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the good, and subtracting any sales promotion, marketing, and after-after-sales sales service costs, royalties, shipping and packing costs, and nonallowable interest costs, that are included in the portion of the total cost allocated to the good;

(B)[[Page in134 theSTAT. case of a material acquired in the territory in which the good is produced-- (i) the price paid or payable by the producer in the USMCA country where the producer is located;

28]] (B) in the case of a material acquired in the territory in which the good is produced-- (i) the price paid or payable by the producer in the USMCA country where the producer is located;

(2) Originating materials used in production of goods of a usmca country.--Originating materials from the territory of[[Page one134 orSTAT. more USMCA countries that are used in the production of a good in the territory of another USMCA country shall be considered to originate in the territory of such other USMCA country.

29]] of one or more USMCA countries that are used in the production of a good in the territory of another USMCA country shall be considered to originate in the territory of such other USMCA country.

(iii) A dairy preparation containing over 10 percent by dry weight of milk solids, of subheading 1901.90 or 2106.90.

(vi)[[Page Animal134 feedsSTAT. containing over 10 percent by dry weight of milk solids of subheading 2309.90.

30]] (vi) Animal feeds containing over 10 percent by dry weight of milk solids of subheading 2309.90.

(3) Goods provided for under chapters 1 through 27.-- Paragraph (1) does not apply to a nonoriginating material used or consumed in the production of a good provided for in chapters 1 through 27 unless the nonoriginating material is provided for in a different subheading than the subheading of the good for which origin is being determined.

(4) Textile or apparel goods.-- (A) Goods classified under chapters 50 through 60.--Except60.-- Except as provided in subparagraph (C), a textile or apparel good provided for in any of chapters 50 through 60 or heading 9619 that is not an originating good because certain nonoriginating materials used in the production of the good do not undergo an applicable change in tariff classification set forth in Annex 4-B of the USMCA, shall be considered to be an originating good if the total weight of all such materials, including elastomeric yarns, is not more than 10 percent of the total weight of the good and the good meets all other applicable requirements of this section.

(B) Goods classified under chapters 61 through 63.--Except63.-- Except as provided in subparagraph (C), a textile or apparel good provided for in chapter 61, 62, or 63 that is not an originating good because certain fibers or yarns used[[Page in134 theSTAT. production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set forth in Annex 4-B of the USMCA shall be considered to be an originating good if the total weight of all such fibers or yarns in the component, including elastomeric yarns, is not more than 10 percent of the total weight of the component and the good meets all other applicable requirements of this section.

(C)31]] Goodsused containingin nonoriginatingthe elastomericproduction yarns.--of (i)the Goodscomponent classifiedof underthe chaptersgood 50that throughdetermines 60the ortariff headingclassification 9619of .--Athe textilegood ordo apparelnot goodundergo describedan applicable change in subparagraphtariff (A)classification containingset nonoriginatingforth elastomericin yarnsAnnex 4-B of the USMCA shall be considered to be an originating good only if the nonoriginatingtotal elastomericweight yarnsof containedall such fibers or yarns in the goodcomponent, doincluding elastomeric yarns, is not exceedmore 7than 10 percent of the total weight of the good.component and the good meets all other applicable requirements of this section.

(C) Goods containing nonoriginating elastomeric yarns.-- (i) Goods classified under chapters 50 through or heading 9619 .--A textile or apparel good described in subparagraph (A) containing nonoriginating elastomeric yarns shall be considered to be an originating good only if the nonoriginating elastomeric yarns contained in the good do not exceed 7 percent of the total weight of the good.

and (C) be taken into account as originating or nonoriginating materials, as the case may be, in calculating any applicable[[Page regional134 valueSTAT. content of the good set forth in Annex 4-B of the USMCA.

(2)32]] Conditions.--Paragraphapplicable (1)regional shallvalue applycontent onlyof if-- (A) the accessories,good spareset parts,forth tools,in orAnnex instructional4-B orof other information materials are classified with and delivered with, but not invoiced separately from, the good;USMCA.

(2) <<NOTE:

Applicability.>> Conditions.--Paragraph (1) shall apply only if-- (A) the accessories, spare parts, tools, or instructional or other information materials are classified with and delivered with, but not invoiced separately from, the good;

(2) Textile or apparel goods.--Notwithstanding the rules set forth in Annex 4-B of the USMCA, goods classifiable as goods put up in sets for retail sale as provided for in rule 3 of the General Rule of Interpretation of the HTS shall not be considered to be originating goods unless-- (A)[[Page each134 ofSTAT. the goods in the set is an originating good;

33]] (A) each of the goods in the set is an originating good;

202A.<<NOTE:

19 USC 4532.>> 202A.

(9)[[Page Passenger134 vehicle;STAT.

34]] (9) Passenger vehicle;

(b) Establishment of Interagency Committee.-- (1) In<<NOTE: general.--Not later than 30 days after the date of the enactment of this Act, the President shall establish an interagency committee-- (A) to provide advice, as appropriate, on the implementation, enforcement, and modification of provisions of the USMCA that relate to automotive goods, including the alternative staging regime;

andDeadline. (B) to review the operation of the USMCA with respect to trade in automotive goods, including-- (i) the economic effects of the automotive rules of origin on the United States economy, workers, and consumers;

President.>> In general.--Not later than 30 days after the date of the enactment of this Act, the President shall establish an interagency committee-- (A) to provide advice, as appropriate, on the implementation, enforcement, and modification of provisions of the USMCA that relate to automotive goods, including the alternative staging regime;

and (B) <<NOTE:

Review.>> to review the operation of the USMCA with respect to trade in automotive goods, including-- (i) the economic effects of the automotive rules of origin on the United States economy, workers, and consumers;

(c) Certification Requirements.-- (1) Certification relating to labor value content requirements.-- (A) In general.--A covered vehicle shall be eligible for preferential tariff treatment only if the producer of the covered vehicle-- (i) provides a certification to the Commissioner that the production of covered vehicles by the producer meets the labor value content requirements, including the high-wage material and manufacturing expenditures, high-high-wage wage technology expenditures, and high-wagehigh- assembly[[Page expenditures,134 asSTAT. set forth in article of the automotive appendix or, if the producer is subject to the alternative staging regime, articles 7 and 8 of that appendix, and includes the calculations of the producer related to the labor value content requirements;

35]] wage assembly expenditures, as set forth in article 7 of the automotive appendix or, if the producer is subject to the alternative staging regime, articles 7 and 8 of that appendix, and includes the calculations of the producer related to the labor value content requirements;

(B) Implementation.--For purposes of meeting the requirements under subparagraph (A)-- (i) the<<NOTE: Secretary of Labor, in consultation with the Commissioner, shall ensure that the certification of a producer under subparagraph (A)(i) does not contain omissions or errors before the certification is considered properly filed;

Consultation.>> the Secretary of Labor, in consultation with the Commissioner, shall ensure that the certification of a producer under subparagraph (A)(i) does not contain omissions or errors before the certification is considered properly filed;

(C) Regulations<<NOTE: required.--The Secretary of the Treasury, in consultation with the Secretary of Labor, shall prescribe regulations to carry out this paragraph, including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the labor value content requirements for preferential tariff treatment.

Consultation.

Procedures.>> Regulations required.--The Secretary of the Treasury, in consultation with the Secretary of Labor, shall prescribe regulations to carry out this paragraph, including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the labor value content requirements for preferential tariff treatment.

(C) Regulations<<NOTE: required.--The Secretary of the Treasury shall prescribe regulations to carry out this paragraph, including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the steel and aluminum purchase requirements for preferential tariff treatment.

(d)Procedures.>> AlternativeRegulations Stagingrequired.-- Regime.--The (1)Secretary Publication of requirements.--Notthe laterTreasury thanshall 90prescribe daysregulations afterto thecarry dateout of the enactment of this Act,paragraph, theincluding Traderegulations Representative,setting inforth consultation with the interagencyprocedures committee,and shallrequirements publishfor ina theproducer Federalof Registercovered requirements,vehicles procedures,to andestablish guidancethat requiredthe toproducer implementmeets the alternativesteel stagingand regime,aluminum includingpurchase withrequirements respectfor topreferential thetariff following:treatment.

(A)[[Page The134 procedures,STAT. calculation methodology, timeframe, specific regional value content thresholds, and other minimum requirements, consistent with article 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.

36]] (d) Alternative Staging Regime.-- (1) <<NOTE:

Deadline.

Consultation.

Federal Register, publication.

Requirements.

Procedures.

Guidance.>> Publication of requirements.--Not later than 90 days after the date of the enactment of this Act, the Trade Representative, in consultation with the interagency committee, shall publish in the Federal Register requirements, procedures, and guidance required to implement the alternative staging regime, including with respect to the following:

(A) <<NOTE:

Methodologies.>> The procedures, calculation methodology, timeframe, specific regional value content thresholds, and other minimum requirements, 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.

(ii) A<<NOTE: statement indicating whether the passenger vehicles or light trucks for which the producer seeks to use the alternative staging regime account for 10 percent 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, whichever is greater.

(iii)Time Inperiods.>> A statement indicating whether the casepassenger ofvehicles aor producerlight thattrucks for which the producer seeks to use the alternative staging regime account for 10 percent or less, or more than 10 percentpercent, of the producer's total production of passenger vehicles or light trucks, as the case may be, in USMCA countries--countries (I)by a detailed and credible plan describing with specificity the actions the producer intendsduring tothe take12-month toperiod bringpreceding production of the passengerdate vehicleson orwhich light trucks, as the caseUSMCA mayenters be, into complianceforce, withor the requirementsaverage setof forthsuch inproduction articlesduring 2 through 7 of the automotive36-month appendixperiod afterpreceding thethat alternativedate, stagingwhichever regimeis periodgreater. expires;

and(iii) (II)In a statement indicating the timecase periodof fora which the producer isthat requestingseeks to use the alternative staging regime,regime iffor thatmore timethan periodpercent isof greaterthe thanproducer's 5total yearsproduction afterof passenger vehicles or light trucks, as the case may be, in USMCA enterscountries-- into(I) force.<<NOTE:

(D)Plan.>> Thea proceduresdetailed forand acceptingcredible andplan reviewingdescribing requestswith forspecificity the alternativeactions stagingthe regime,producer includingintends thatto thetake Tradeto Representativebring will--production (i)of notifythe apassenger producervehicles ofor anylight deficienciestrucks, inas the requestcase ofmay thebe, producerinto thatcompliance wouldwith resultthe inrequirements aset denialforth ofin thearticles request2 notthrough later7 thanof 30the daysautomotive appendix after the requestalternative isstaging submitted;regime period expires;

and (II) <<NOTE:

Time period.>> a statement indicating the time period for which the producer is requesting to use the alternative staging regime, if that time period is greater than 5 years after the USMCA enters into force.

[[Page 134 STAT.

37]] (D) <<NOTE:

Procedures.>> The procedures for accepting and reviewing requests for the alternative staging regime, including that the Trade Representative will-- (i) <<NOTE:

Notification.

Deadline.>> 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 submitted;

(E) The<<NOTE: criteria the Trade Representative, in consultation with the interagency committee, will consider when determining whether to approve a request for the alternative staging regime.

Criteria.

Consultation.>> The criteria the Trade Representative, in consultation with the interagency committee, will consider when determining whether to approve a request for the alternative staging regime.

(2) Review<<NOTE: of requests for alternative staging regime.-- (A) In general.--In reviewing the request of a producer of passenger vehicles or light trucks for the alternative staging regime, the Trade Representative, in consultation with the interagency committee, shall determine-- (i) whether the request covers 10 percent or less, or more than 10 percent, of the production of passenger vehicles or light trucks in USMCA countries by the producer;

Consultations.

Determinations.>> 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 alternative staging regime, the Trade Representative, in consultation with the interagency committee, shall determine-- (i) whether the request covers 10 percent or less, or more than 10 percent, of the production of passenger vehicles or light trucks in USMCA countries by the producer;

(C) Approval of alternative staging regime for passenger vehicle or light truck production exceeding 10 percent of north american production.--Theproduction.-- Trade[[Page Representative134 shallSTAT. 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 staging regime covers more than 10 percent of the production of passenger vehicles or lights trucks, as the case may be, in USMCA countries by the producer;

38]] 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 staging regime covers more than 10 percent of the production of passenger vehicles or lights trucks, as the case may be, in USMCA countries by the producer;

(3) Procedures related to reviewing and approving requests.-- (A) Deadline<<NOTE: 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 committee, shall-- (i) review the request;

(ii)Consultation.>> makeDeadline afor determinationreview.-- withNot respectlater tothan whether120 todays authorizeafter thereceiving usea request of a producer for the alternative staging regime;regime, the Trade Representative, in consultation with the interagency committee, shall-- (i) review the request;

(ii) <<NOTE:

Determination.>> make a determination with respect to whether to authorize the use of the alternative staging regime;

(C) Reporting.--Before<<NOTE: a determination is made with respect to whether to authorize the use of the alternative staging regime, the Trade Representative shall provide to the appropriate congressional committees a summary of requests for the alternative staging regime.

(4)Summary.>> AlternativeReporting.--Before staginga regimedetermination reviewis andmade modification.--with (A)respect Materialto changeswhether to circumstances.--authorize (i) Notification.--If the requestuse of a producer to use the alternative staging regimeregime, for 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 has been granted, the producer shall notify the Trade Representative andshall theprovide interagency committee of any material changes to the informationappropriate containedcongressional incommittees thea request,summary including any supplemental information relating to that request, and of anyrequests materialfor 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 appendix after the alternative staging regimeregime. period has expired.

(4) Alternative staging regime review and modification.-- (A) Material changes to circumstances.-- (i) Notification.--If the request of a producer to use the alternative staging regime for 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 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 [[Page 134 STAT.

39]] affect the producer's ability to meet any of the requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired.

(II) Determination regarding modification.--Not later than 90<<NOTE: days after receiving a request submitted under subclause (I), the Trade Representative, in consultation with the interagency committee, shall-- (aa) review the request;

Deadline.

Consultation.>> days after receiving a request submitted under subclause (I), the Trade Representative, in consultation with the interagency committee, shall-- (aa) review the request;

and (dd) notify<<NOTE: the producer in writing of the determination.

(iii)Notification.>> Inability to meet requirements.--If the Trade Representative, in consultation with the interagency committee, determines 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,writing and no claim for preferential tariff treatment may be made, on or after the date of the determination,determination. with respect to a covered vehicle of the producer pursuant to the alternative staging regime.

(5)(iii) Failure<<NOTE: to meet requirements for alternative staging regime.-- (A) In general.--If, at any time, the Trade Representative, in consultation with the interagency committee, 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 treatment under the alternative staging regime for any covered vehicle of that producer shall be considered invalid;

andConsultation. (ii) notwithstanding the finality of a liquidation 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 applied when the vehicle was entered for consumption, or withdrawn from warehouse for consumption, plus interest assessed on or after the date of entry and before the date of the determination.

Determination.

Notifica tion.>> Inability to meet requirements.--If the Trade Representative, in consultation with the interagency committee, determines 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 alternative staging regime.

(5) Failure to meet requirements for alternative staging regime.-- (A) <<NOTE:

Consultation.

Determination.>> In general.--If, at any time, the Trade Representative, in consultation with the interagency committee, 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 treatment under the alternative staging regime for any covered vehicle of that producer shall be considered invalid;

and (ii) notwithstanding the finality of a liquidation 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 [[Page 134 STAT.

40]] alternative staging regime had not applied when the vehicle was entered for consumption, or withdrawn from warehouse for consumption, plus interest assessed on or after the date of entry and before the date of the determination.

or (iii) in the case of a producer authorized to use the alternative staging regime for more than 10 percent of the total production 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 requirements set forth in articles 2 through 7 of the automotive appendix after the alternative staging regime period has expired.

(e) Verification of Labor Value Content Requirements.-- (1) In<<NOTE: general.--As part of a verification conducted under section 207, 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 producer is subject to the alternative staging regime under subsection (d), articles 7 and 8 of that appendix.

Compliance.>> In general.--As part of a verification conducted under section 207, 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 producer is subject to the alternative staging regime under subsection (d), articles 7 and of that appendix.

(3) Role of secretary of the treasury.--The Secretary of the Treasury shall participate in any verification conducted under paragraph (1) by verifying-- (A) the components of the labor value content requirements not covered by paragraph (2), including the annual purchase value and cost components of the high-wagehigh- wage material and manufacturing expenditures, within the meaning given those terms in article 7 of that appendix;

(4) Actions by secretary of labor.-- (A)[[Page In134 general.--InSTAT. participating in a verification conducted under paragraph (1), the Secretary of Labor shall assist the Secretary of the Treasury to do the following:

(i)41]] Examine,(A) orIn causegeneral.--In toparticipating bein examined,a uponverification reasonableconducted notice,under anyparagraph record(1), (includingthe anySecretary statement,of declaration,Labor document,shall orassist electronicallythe generatedSecretary orof machinethe readableTreasury data)to describeddo in the noticefollowing: with reasonable specificity.

(i) <<NOTE:

Examination.

Notification.

Records.>> Examine, or cause to be examined, upon reasonable notice, any record (including any statement, declaration, document, or electronically generated or machine readable data) described in the notice with reasonable specificity.

Customs and Border Protection with respect to the eligibility for preferential tariff treatment of a covered vehicle relates to the analysis of the Department of Labor relating to the high-wage components of the labor value content requirements described in paragraph (1), the Secretary of Labor shall-- (i) conduct<<NOTE: an administrative review of the portion of the decision relating to such requirements;

Review.>> conduct an administrative review of the portion of the decision relating to such requirements;

(B)[[Page No134 acceleratedSTAT. disposition.--An importer may not request the accelerated disposition under section 515(b) of the Tariff Act of 1930 (19 U.S.C.

42]] (B) No accelerated disposition.--An importer may not request the accelerated disposition under section 515(b) of the Tariff Act of 1930 (19 U.S.C.

(g) Review and Reports.-- (1) Periodic review on automotive rules of origin.-- (A) In<<NOTE: general.--The Trade Representative, in consultation with the interagency committee, shall conduct a biennial review of the operation of the USMCA with respect to trade in automotive goods, including-- (i) to the extent practicable, a summary of actions taken by producers to demonstrate compliance with the automotive rules of origin, use of the alternative staging regime, enforcement of such rules of origin, and other relevant matters;

Consultation.>> In general.--The Trade Representative, in consultation with the interagency committee, shall conduct a biennial review of the operation of the USMCA with respect to trade in automotive goods, including-- (i) <<NOTE:

Summary.>> to the extent practicable, a summary of actions taken by producers to demonstrate compliance with the automotive rules of origin, use of the alternative staging regime, enforcement of such rules of origin, and other relevant matters;

(iii) Termination of reporting requirement.--Therequirement.-- 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<<NOTE: 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 appropriate 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;

Termination date.>> 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 appropriate 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;

and (vi)[[Page the134 interestsSTAT. of consumers in the United States;

43]] (vi) the interests of consumers in the United States;

and (C) after<<NOTE: submitting the report, post a version of the report appropriate for public viewing on a publicly available internet website for the agency.

Public information.

Web posting.>> after submitting the report, post a version of the report appropriate for public viewing on a publicly available internet website for the agency.

Any service for which an exemption from such fee is provided by[[Page reason134 ofSTAT. this paragraph may not be funded with money contained in the Customs User Fee Account.''.

(b)44]] Effectiveby Date.--reason (1)of Inthis general.--Theparagraph amendmentmay madenot bybe subsectionfunded (a)with shall--money (A)contained takein effect on the dateCustoms onUser whichFee theAccount.''. USMCA enters into force;

(b) <<NOTE:

19 USC 58c note.>> Effective Date.-- (1) In general.--The amendment made by subsection (a) shall-- (A) take effect on the date on which the USMCA enters into force;

``(5) Prior disclosure regarding claims under the usmca.--usmca.--An An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 202 of the United States-Mexico- Canada Agreement Implementation Act if the importer, in accordance with regulations prescribed by the Secretary of the Treasury, promptly makes a corrected declaration and pays any duties owing with respect to that good.'';

``(2) Prompt and voluntary disclosure of incorrect information.--No penalty shall be<<NOTE: imposed under this subsection if, promptly after an exporter or producer that issued a USMCA certification of origin has reason to believe that such certification contains or is based on incorrect information, the exporter or producer voluntarily provides written notice of such incorrect information to every person to whom the certification was issued.

Notification.>> be imposed under this subsection if, promptly after an exporter or producer that issued a USMCA certification of origin has reason to believe that such certification contains or is based on incorrect information, the exporter or producer voluntarily provides written notice [[Page 134 STAT.

45]] of such incorrect information to every person to whom the certification was issued.

(2) in subsection (c)-- (A) in paragraph (1), in the matter following subparagraph (D), by striking ``section 202 of the North American Free Trade Agreement Implementation Act'' and inserting ``section 202 of the United States-States-Mexico- Mexico-CanadaCanada Agreement Implementation Act'';

and (B) in paragraph (2)(E)-- (i) by striking ``section 202 of the North American Free Trade Agreement Implementation Act'' and inserting ``section 202 of the United States-Mexico-CanadaStates- Mexico-Canada Agreement Implementation Act'';

Customs and<<NOTE: Border Protection or U.S.

Determination.>> and Border Protection or U.S.

(c) Effective<<NOTE: Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall-- (A) take effect on the date on which the USMCA enters into force;

19 USC 1514 note.>> Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall-- (A) take effect on the date on which the USMCA enters into force;

(2) Transition from nafta treatment.--In the case of a good entered, or exported from the United States, as the case[[Page may134 be,STAT. before the date on which the USMCA enters into force-- (A) the amendments made by subsection (a) to section 592 of the Tariff Act of 1930 (19 U.S.C.

1592)46]] andcase may be, before the date on which the USMCA enters into force-- (A) the amendments made by subsection (b)(a) to section of suchthe Tariff Act of 1930 (19 U.S.C.

1592) and the amendments made by subsection (b) to section 514 of such Act (19 U.S.C.

(b) Effective<<NOTE: Date.-- (1) In general.--The amendments made by subsection (a) shall-- (A) take effect on the date on which the USMCA enters into force;

Applicability.

19 USC 1520 note.>> Effective Date.-- (1) In general.--The amendments made by subsection (a) shall-- (A) take effect on the date on which the USMCA enters into force;

``(B)[[Page USMCA134 certificationSTAT. of origin.--The term `USMCA certification of origin' means the certification established under article 5.2.1 of the USMCA that a good qualifies as an originating good under the USMCA.

47]] ``(B) USMCA certification of origin.--The term `USMCA certification of origin' means the certification established under article 5.2.1 of the USMCA that a good qualifies as an originating good under the USMCA.

``(3) Exports under the canadian agreement.--Any person who exports, or who knowingly causes to be exported, any merchandise to Canada during such time as the United States-States-Canada CanadaFree- Free-TradeTrade Agreement is in force with respect to, and the United States applies that Agreement to, Canada shall make, keep, and render for examination and inspection such records (including certifications of origin or copies thereof) which pertain to the exportations.

``(B) Vehicle producer.--Any vehicle producer whose good is the subject of a claim for preferential tariff treatment under the USMCA shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury and Secretary of Labor, render for examination and inspection records and supporting documents related to the labor value content and steel and aluminum purchasing[[Page requirements134 forSTAT. the qualification of its vehicles for preferential treatment.

48]] purchasing requirements for the qualification of its vehicles for preferential treatment.

(b) Effective<<NOTE: Date.-- (1) In general.--The amendments made by subsection (a) shall take effect on the date on which the USMCA enters into force.

19 USC 1508 note.>> Effective Date.-- (1) In general.--The amendments made by subsection (a) shall take effect on the date on which the USMCA enters into force.

(3) Transition from nafta treatment.-- (A) Exports.--In the case of a good exported from the United States before the date on which the USMCA enters into force-- (i)[[Page the134 amendmentsSTAT. made by subsection (a) to paragraphs (2) and (5)(A) of section 508(b) of the Tariff Act of 1930 (19 U.S.C.

49]] (i) the amendments made by subsection (a) to paragraphs (2) and (5)(A) of section 508(b) of the Tariff Act of 1930 (19 U.S.C.

207.<<NOTE:

19 USC 4533.>> 207.

(B) Additional<<NOTE: requirements.--If the Secretary conducts a verification under subparagraph (A), the President may direct the Secretary-- (i) during the verification process, to release the good only upon payment of duties or provision of security;

President.>> Additional requirements.-- If the Secretary conducts a verification under subparagraph (A), the President may direct the Secretary-- (i) during the verification process, to release the good only upon payment of duties or provision of security;

(B) Additional<<NOTE: 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 subparagraph (D);

President.>> 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 subparagraph (D);

(D) Action<<NOTE: during verification.--Appropriate action described in this subparagraph may consist of-- (i) release of the textile or apparel good that is the subject of a verification described in subparagraph (C) upon payment of duties or provision of security;

Determinations.>> Action during verification.--Appropriate action described in this subparagraph may consist of-- [[Page 134 STAT.

50]] (i) release of the textile or apparel good that is the subject of a verification described in subparagraph (C) upon payment of duties or provision of security;

or (B) the good does not qualify for preferential tariff treatment under the USMCA because-- (i) the importer, exporter, or producer failed to respond to a written request for information or failed to[[Page provide134 sufficientSTAT. information to determine that the good qualifies as an originating good;

51]] to provide sufficient information to determine that the good qualifies as an originating good;

Customs and Border Protection, in accordance[[Page with134 regulationsSTAT. prescribed by the Secretary, may withhold preferential tariff treatment under the USMCA for entries of those goods imported, exported, or produced by that person until U.S.

52]] 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 person until U.S.

208.<<NOTE:

19 USC 4534.>> 208.

``(2)[[Page Definitions.--In134 thisSTAT. subsection, the terms `USMCA' and `USMCA country' have the meanings given those terms in section 3 of the United States-Mexico-Canada Agreement Implementation Act.''.

(d)53]] Effective``(2) Date.--Definitions.--In (1)this Insubsection, general.--Thethe amendmentsterms made`USMCA' byand this`USMCA sectioncountry' shall--have (A)the takemeanings effectgiven onthose theterms datein onsection which3 of the USMCAUnited entersStates-Mexico-Canada intoAgreement force;Implementation Act.''.

(d) <<NOTE:

19 USC 1304 note.>> 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;

(e) Effective<<NOTE: Date Relating to Exchange of Information.-- Notwithstanding the amendment made by subsection (c), the Secretary of the Treasury shall retain 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 information 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)).

19 USC 1628 note.>> Effective Date Relating to Exchange of Information.--Notwithstanding the amendment made by subsection (c), the Secretary of the Treasury shall retain 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 information 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)).

210.<<NOTE:

19 USC 4535.>> 210.

TITLE[[Page III--APPLICATION134 OFSTAT. 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 Trucking Services SEC.

321.54]] 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 Trucking Services SEC.

<<NOTE:

19 USC 4571.>> 321.

(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[[Page Mexico134 toSTAT. conduct cross-border long-haul trucking services in the United States.

55]] of Mexico to conduct cross-border long-haul trucking services in the United States.

322.<<NOTE:

19 USC 4572.>> 322.

(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, or upon the resolution of the Committee on Ways and Means of the House of Representatives or the Committee on[[Page Finance134 ofSTAT. the Senate, the International Trade Commission (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;

56]] on Finance of the Senate, the International Trade Commission (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;

(c) Publication and Hearings.--The Commission shall-- (1) promptly<<NOTE: publish notice of the commencement of any investigation under subsection (a) in the Federal Register;

Notice.

Federal Register, publication.>> promptly publish notice of the commencement of any investigation under subsection (a) in the Federal Register;

(e) Assistance to Commission.-- (1) In<<NOTE: general.--At the request of the Commission, the Secretary of Homeland Security shall consult with the Commission and shall collect and maintain such additional data and other information on commercial motor vehicles entering or exiting the United States at a port of entry or exit at the United States border with Mexico as the Commission may request for the purpose of conducting investigations under subsection (a) and shall make such information available to the Commission in a timely manner.

(2)Consultation. Requests for information.-- (A) In general.--At the request of the Commission, the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Commerce, the Secretary of Labor, and the head of any other Federal agency shall make available to the Commission any information in their possession, including proprietary information, as the Commission may require in order to assist the Commission in making determinations under subsection (a).

Data.>> In general.--At the request of the Commission, the Secretary of Homeland Security shall consult with the Commission and shall collect and maintain such additional data and other information on commercial motor vehicles entering or exiting the United States at a port of entry or exit at the United States border with Mexico as the Commission may request for the purpose of conducting investigations under subsection (a) and shall make such information available to the Commission in a timely manner.

[[Page 134 STAT.

57]] (2) Requests for information.-- (A) In general.--At the request of the Commission, the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Commerce, the Secretary of Labor, and the head of any other Federal agency shall make available to the Commission any information in their possession, including proprietary information, as the Commission may require in order to assist the Commission in making determinations under subsection (a).

(f) Limited Disclosure of Confidential Business Information Under Protective<<NOTE: Order.--The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under subsection (a).

Regulations.>> Protective Order.--The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under subsection (a).

323.<<NOTE:

19 USC 4573.>> 323.

and (3)[[Page any134 dissentingSTAT. or separate views by members of the Commission regarding the determination.

58]] (3) any dissenting or separate views by members of the Commission regarding the determination.

and (2) publish<<NOTE: a summary of the report in the Federal Register.

Federal Register, publication.

Summary.>> publish a summary of the report in the Federal Register.

324.<<NOTE:

19 USC 4574.>> 324.

(a) In<<NOTE: General.--Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission's determination under section 322 is affirmative or which contains a determination that the President may treat as affirmative in accordance with section 330(d)(1) of the Tariff Act of (19 U.S.C.

Deadline.>> In General.--Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission's determination under section 322 is affirmative or which contains a determination that the President may treat as affirmative in accordance with section 330(d)(1) of the Tariff Act of 1930 (19 U.S.C.

(d) Period of Relief.-- (1)[[Page In134 general.--SubjectSTAT. to paragraph (2), any relief that the President provides under this section may not be in effect for more than 2 years.

59]] (1) In general.--Subject to paragraph (2), any relief that the President provides under this section may not be in effect for more than 2 years.

(B) Action by commission.-- (i) Investigation.--Upon<<NOTE: request of the President, or upon the filing 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 that is filed with the Commission not earlier than the date that is 270 days, and not later than the date that is 240 days, before the date on which any action taken under this section is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent material harm.

(ii)Time Noticeperiod.>> andInvestigation.-- hearing.--TheUpon Commissionrequest shall--of (I)the publishPresident, noticeor ofupon the commencementfiling 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 that is filed with the Commission not earlier than the date that is 270 days, and not later than the date that is 240 days, before the date on which any action taken under this section is to terminate, the Commission shall conduct an investigation to determine whether action under clausethis (i)section incontinues theto Federalbe Register;necessary to remedy or prevent material harm.

(ii) Notice and hearing.--The Commission shall-- (I) <<NOTE:

Federal Register, publication.>> publish notice of the commencement of an investigation under clause (i) in the Federal Register;

(iii) Report.--Not later than the date that is 60 days before relief provided under subsection (a) is to terminate, or such other date as determined by the President, the Commission shall submit to the President a report on its investigation and determination under this subparagraph.

and (II) less<<NOTE: than 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation.

(ii)Time Exception.--Clauseperiod.>> (i)less shallthan not1 applyyear withhas respectelapsed tosince an investigation if the Commission determinesmade goodits causereport exists to conductthe President of the results of such previous investigation.

[[Page 134 STAT.

60]] (ii) Exception.--Clause (i) shall not apply with respect to an investigation if the Commission determines good cause exists to conduct the investigation.

``(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any other provision of this section, upon an order in accordance with section 324(a) of the United States-Mexico-Canada Agreement Implementation Act, the Secretary shall carry out the relief specified by denying or imposing limitations on a request for registration or capping the number of requests for registration by Mexico-domiciled motor carriers of cargo to operate beyond the municipalities along the United States-States-Mexico Mexico international border and the commercial zones of those municipalities as directed.''.

The<<NOTE: Department of Transportation shall prepare a report summarizing the results of such survey not less than 180 days after the date on which the USMCA enters into force, which it shall deliver to the Office of the United States Trade Representative, the Commission, and the Chairs and Ranking Members of the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate.

Reports.>> The Department of Transportation shall prepare a report summarizing the results of such survey not less than 180 days after the date on which the USMCA enters into force, which it shall deliver to the Office of the United States Trade Representative, the Commission, and the Chairs and Ranking Members of the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, [[Page 134 STAT.

61]] and Transportation of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate.

(2) in subsection (b)(3)-- (A) in the paragraph heading, by striking ``nafta or united states-canada'' and inserting ``united states-canadastates- canada or usmca'';

``(B)[[Page Mexico134 forSTAT. such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.'';

62]] ``(B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.'';

``(10) USMCA.--The<<NOTE: term `USMCA' has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act.'';

Definition.>> USMCA.--The term `USMCA' has the meaning given that term in section 3 of the United States- Mexico-Canada Agreement Implementation Act.'';

(iii) in clause (v), by striking ``paragraph 12 of article 1905 of the NAFTA'' and inserting ``article 10.13 of the USMCA'';

and (iv) in clause (vi), by striking ``paragraph 12 of article 1905 of the NAFTA'' and inserting ``article 10.13 of the USMCA'';

and (II) in clause (iii), by striking ``of the NAFTA or of the Agreement'' and inserting ``of the Agreement or chapter 10 of the USMCA'';

and (ii)[[Page in134 subparagraphSTAT. (A), by striking ``the NAFTA or the Agreement'' and inserting ``article 1904 of the Agreement or article 10.12 of the USMCA'';

63]] (ii) in subparagraph (A), by striking ``the NAFTA or the Agreement'' and inserting ``article of the Agreement or article 10.12 of the USMCA'';

``(A) Notice of suspension or termination of suspension of article 10.12 of<<NOTE: the usmca.-- ``(i) Notice of suspension.--Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the operation of article 10.12 of the USMCA has been suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of suspension of article 10.12 of the USMCA.

``(ii)Federal NoticeRegister, publications.>> of terminationthe usmca.-- ``(i) Notice of suspension.--Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the suspension of the operation of article 10.12 of the USMCA ishas terminatedbeen suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 10.12 of the USMCA.'';USMCA.

``(ii) Notice of termination of suspension.-- Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the suspension of [[Page 134 STAT.

64]] the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 10.12 of the USMCA.'';

``if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA--'';USMCA-- '';

(a) Disclosure of Proprietary Information Under Protective Orders.--SectionOrders.-- Section 777(f) of the Tariff Act of 1930 (19 U.S.C.

(2) in paragraph (1)-- (A) in subparagraph (A), by striking ``article 1904 of the NAFTA'' and all that follows through ``, the administering authority'' and inserting ``article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or[[Page an134 extraordinarySTAT. challenge committee is convened under Annex 1904.13 of the United States- Canada Agreement or chapter 10 of the USMCA, the administering authority'';

and65]] (B)or inan subparagraphextraordinary (B),challenge bycommittee strikingis ``chapterconvened 19under ofAnnex the1904.13 NAFTAof or the Agreement''United eachStates-Canada placeAgreement itor appearschapter and10 inserting ``chapter 19 of the AgreementUSMCA, or chapter of the USMCA'';administering authority'';

and (B) in subparagraph (B), by striking ``chapter 19 of the NAFTA or the Agreement'' each place it appears and inserting ``chapter 19 of the Agreement or chapter 10 of the USMCA'';

Civil actions under the United States-Canada Free-TradeFree- Trade Agreement or the USMCA'';

and (3)[[Page in134 theSTAT. table of sections at the beginning of the chapter, by striking the item relating to section 1584 and inserting the following:

66]] (3) <<NOTE:

28 USC 1581 prec.>> in the table of sections at the beginning of the chapter, by striking the item relating to section 1584 and inserting the following:

431.<<NOTE:

19 USC 4601.>> 431.

432.<<NOTE:

19 USC 1516a note.>> 432.

or (2)[[Page to134 anySTAT. binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.

67]] (2) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.

(a) Clerical<<NOTE: Amendment.--Section 208 of this Act is amended in the section heading by striking ``[reserved]''.

19 USC 4534.>> Clerical Amendment.--Section 208 of this Act is amended in the section heading by striking ``[reserved]''.

3333) is-- (1) transferred to section 208 of<<NOTE: this Act;

19 USC 4534.>> of this Act;

1313(n)(2)), a good is a good of the same kind and quality as another good-- ``(1) for a good described in such paragraph (6)(B), if the good would have been considered of the same kind and quality as[[Page the134 otherSTAT. good on the day before the date on which the USMCA enters into force;

68]] as the other good on the day before the date on which the USMCA enters into force;

or ``(B) drawback would be allowed with respect to the goods under subsection (b)(4), (j)(1), or (p) of section 313 of the Tariff Act of 1930 (19 U.S.C.

3333) are-- (1) transferred to section 208 of<<NOTE: this Act;

19 USC 4534.>> of this Act;

(B) by striking ``section 2(4) of the North American Free Trade Agreement Implementation Act'' each place it appears and inserting ``section 3 of the United States-Mexico-CanadaStates- Mexico-Canada Agreement Implementation Act'';

``(ii) In this subparagraph, the terms `USMCA' and `USMCA country' have the meanings given those terms in section 3 of[[Page the134 UnitedSTAT. States-Mexico-Canada Agreement Implementation Act.'';

69]] of the United States-Mexico-Canada Agreement Implementation Act.'';

(g) Effective<<NOTE: Date.-- (1) In general.--Each transfer, redesignation, and amendment made by subsections (b) through (e) shall-- (A) take effect on the date on which the USMCA enters into force;

19 USC 81c note.>> Effective Date.-- (1) In general.--Each transfer, redesignation, and amendment made by subsections (b) through (e) shall-- (A) take effect on the date on which the USMCA enters into force;

(2)[[Page Transition134 fromSTAT. nafta treatment.--In the case of a good entered, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force-- (A) the amendments made by subsections (b) through (e) shall not apply with respect to the good;

70]] (2) Transition from nafta treatment.--In the case of a good entered, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force-- (A) the amendments made by subsections (b) through (e) shall not apply with respect to the good;

(3) redesignated as section 301;<<NOTE:

19 USC 4551.>> 301;

(3) redesignated as section 302;<<NOTE:

19 USC 4552.>> 302;

(e) Effective<<NOTE: Date.-- (1) In general.--Each transfer, redesignation, and amendment made by this section shall-- (A) take effect on the date on which the USMCA enters into force;

and19 (B)USC apply4551 withnote.>> respectEffective toDate.-- an(1) investigationIn undergeneral.--Each chaptertransfer, 1redesignation, ofand titleamendment IImade ofby this section shall-- (A) take effect on the Tradedate Acton ofwhich 1974the (19USMCA U.S.C.enters into force;

and [[Page 134 STAT.

71]] (B) apply with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2116)<<NOTE: is-- (1) transferred to subtitle B of title III of this Act;

(2)19 insertedUSC after3401.>> the2116) headingis-- (as(1) amended<<NOTE: by subsection (a)) of such subtitle;

(3)8 redesignatedUSC as1184.>> sectiontransferred 311;to subtitle B of title III of this Act;

(2) <<NOTE:

8 USC 1184.>> inserted after the heading (as amended by subsection (a)) of such subtitle;

(3) <<NOTE:

8 USC 1194;

19 USC 4561.>> redesignated as section 311;

and (2) in subsection (j)(1)-- (A) in the first sentence, by striking ``Annex 1603 of the North American Free Trade Agreement'' and inserting ``Annex 16-A of the USMCA (as defined in section 3 of the[[Page United134 States-Mexico-CanadaSTAT. Agreement Implementation Act)'';

72]] the United States-Mexico-Canada Agreement Implementation Act)'';

1365a(c)(1)(B)) is amended by striking ``North American Free Trade Agreement'' and inserting ``USMCA (as defined in section 3 of the United States-Mexico-CanadaStates- Mexico-Canada Agreement Implementation Act)''.

(f) Effective<<NOTE: Date.-- (1) In general.--Each transfer, redesignation, and amendment made by this section shall-- (A) take effect on the date on which the USMCA enters into force;

8 USC 1184 note.>> Effective Date.-- (1) In general.--Each transfer, redesignation, and (B)amendment applymade withby respectthis tosection ashall-- visa(A) issuedtake effect on orthe afterdate thaton date.which the USMCA enters into force;

and (B) <<NOTE:

Applicability.>> apply with respect to a visa issued on or after that date.

(2) redesignated<<NOTE: as section 411;

19 USC 4581.>> redesignated as section 411;

(c)[[Page Organizational134 andSTAT. Administrative Provisions.--Section 402 of the North American Free Trade Agreement Implementation Act (19 U.S.C.

73]] (c) Organizational and Administrative Provisions.--Section 402 of the North American Free Trade Agreement Implementation Act (19 U.S.C.

(2) redesignated as section 412;<<NOTE:

19 USC 4582.>> 412;

and (II) in the text-- (aa) by striking ``paragraph 1 of Annex 1901.2'' and inserting ``paragraph 1 of Annex 10-B.1'';

and (III)[[Page in134 subparagraphSTAT. (B)(i), by striking ``chapter 19'' and inserting ``chapter 10'';

74]] (III) in subparagraph (B)(i), by striking ``chapter 19'' and inserting ``chapter 10'';

(ii) in paragraph (2)-- (I) in subparagraph (A)(i), by striking ``in paragraph 1'' and all that follows through ``during'' and inserting ``in paragraph 1 of Annex 10-10-B.1 B.1 and paragraph 1 of Annex 10-B.3 during'';

and (iii) in paragraph (3)-- (I) in subparagraph (A), by striking ``in paragraph 1'' and all that follows through ``during'' and inserting ``in paragraph 1 of Annex 10-10-B.1 B.1 and paragraph 1 of Annex 10-B.3 during'';

3433) is-- (1)[[Page transferred134 toSTAT. subtitle B of title IV of this Act and inserted after section 412 (as inserted and redesignated by subsection (c));

(2)75]] redesignated(1) astransferred to subtitle B of title IV of this Act and inserted after section 413;412 (as inserted and redesignated by subsection (c));

(2) redesignated as <<NOTE:

19 USC 4583.>> section 413;

(2) redesignated as<<NOTE: section 414;

19 USC 4584.>> as section 414;

(2) redesignated as<<NOTE: section 415;

19 USC 4585.>> as section 415;

(2) redesignated as<<NOTE: section 416;

19 USC 4586.>> as section 416;

(h) Identification of Industries Facing Subsidized Imports.--Imports.--Section Section 407 of the North American Free Trade Agreement Implementation Act (19 U.S.C.

3437) is-- (1)[[Page transferred134 toSTAT. subtitle B of title IV of this Act and inserted after section 416 (as inserted and redesignated by subsection (g));

(2)76]] redesignated(1) astransferred to subtitle B of title IV of this Act and inserted after section 417;416 (as inserted and redesignated by subsection (g));

(2) redesignated as <<NOTE:

19 USC 4587.>> section 417;

(2) redesignated as<<NOTE: section 418;

19 USC 4588.>> as section 418;

(k) Effective<<NOTE: Date.-- (1) In general.--Each transfer, redesignation, and amendment made by this section 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.

19 USC 4581 note.>> Effective Date.-- (1) In general.--Each transfer, redesignation, and amendment made by this section 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 (19 U.S.C.

(2) Transition from nafta.--The transfers, redesignations, and amendments made by this section shall not apply, and[[Page the134 provisionsSTAT. of title IV 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, 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.

77]] and the provisions of title IV 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, 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 (19 U.S.C.

(c) Effective<<NOTE: Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall-- (A) take effect on the date on which the USMCA enters into force;

19 USC 2511 note.>> Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall-- (A) take effect on the date on which the USMCA enters into force;

and (B)[[Page sections134 301STAT. and 308 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the contract.

78]] (B) sections 301 and 308 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the contract.

2242(f)) is amended-- (1) in paragraph (1)(C), by striking ``article 2106 of the North American Free Trade Agreement'' and inserting ``article 32.6 of the USMCA (as defined in section 3 of the United States-Mexico-CanadaStates- Mexico-Canada Agreement Implementation Act)'';

(b) Effective<<NOTE: Date.--The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.

19 USC 2242 note.>> Effective Date.--The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.

(b) Effective<<NOTE: Date.--The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.

42 USC 2296b-6 note.>> Effective Date.--The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.

TITLE VI--TRANSITION TO AND EXTENSION OF USMCA Subtitle A--Transitional Provisions * SEC.

CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE-TRADEFREE- TRADE AGREEMENT.

and (2)__________ in* theNote: matter preceding subparagraph (A), by striking ``between them of the North American Free Trade Agreement'' and inserting ``of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)''.

Classifications for Section 601:

15 USC 1052 note;

19 USC 58c notes, 1304 note, 1313 note, 1499 note, 1593a note, 1677l, 2101 note, 2112 note, 2271 note, 2511 note, 2707 note, 3301 and note, 3311 and note, 3312-3317, 3331 and note, 3332-3335, 3351 and note, 3352-3358, 3381, 3382, 3391, 3401 note, 3411, 3421, 3431 note, 3451, 3461 and note, 3462, 3463, 3471-3473;

22 USC 290m--290m-5, 290m-7;

26 USC 3306 notes, notes, 6302 notes, 9505 note;

28 USC 1581 note.

--------------------------------------------------------------------------- [[Page 134 STAT.

79]] (2) in the matter preceding subparagraph (A), by striking ``between them of the North American Free Trade Agreement'' and inserting ``of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)''.

611.<<NOTE:

19 USC 4611.>> 611.

(a) In<<NOTE: General.--Pursuant to the requirements of this section, the President shall consult with the appropriate congressional committees and stakeholders before each joint review, including consultation with respect to-- (1) any recommendation for action to be proposed at the review;

President.

Consultation.>> In General.--Pursuant to the requirements of this section, the President shall consult with the appropriate congressional committees and stakeholders before each joint review, including consultation with respect to-- (1) any recommendation for action to be proposed at the review;

(2) Report to congress.--At least 180 days before a 6-year joint review under article 34.7 of the USMCA commences, the Trade Representative shall report to the appropriate congressional committees regarding-- (A) the<<NOTE: assessment of the Trade Representative with respect to the operation of the USMCA;

(B)Assessment.>> the preciseassessment recommendation for action to be proposed at the review and the position of the UnitedTrade StatesRepresentative with respect to whether to extend the termoperation of the USMCA;

(B) <<NOTE:

Recommenda- tions.>> the precise recommendation for action to be proposed at the review and the position of the United States with respect to whether to extend the term of the USMCA;

(c) Subsequent Action To Address Lack of Agreement on Term Extension.-- (1) In<<NOTE: general.--If, as part of a joint review, any USMCA country does not confirm that the country wishes to extend the term of the USMCA under article 34.7.3 of the USMCA, at least days before any subsequent annual joint review meeting conducted as required under article 34.7 of the USMCA, the Trade Representative shall report to the appropriate congressional committees regarding-- (A) any reason offered by a USMCA country regarding why the country is unable to agree to extend the term of the USMCA;

(B)Time theperiod. progress that has been made in efforts to achieve resolution of the concerns of that country;

Reports.>> In general.--If, as part of a joint review, any USMCA country does not confirm that the country wishes to extend the term of the USMCA under article 34.7.3 of the USMCA, at least 70 days before any subsequent annual joint review meeting conducted as required under article 34.7 of the USMCA, the Trade Representative shall report to the appropriate congressional committees regarding-- (A) any reason offered by a USMCA country regarding why the country is unable to agree to extend the term of the USMCA;

[[Page 134 STAT.

80]] (B) the progress that has been made in efforts to achieve resolution of the concerns of that country;

(d) Congressional Engagement After Joint Review.-- (1) In<<NOTE: general.--Not later than 20 days after the USMCA countries have met for a joint review, the Trade Representative shall brief the appropriate congressional committees regarding the positions expressed by the countries during the joint review and what, if any, actions were agreed to by the countries.

Deadline.

Briefing.>> In general.--Not later than 20 days after the USMCA countries have met for a joint review, the Trade Representative shall brief the appropriate congressional committees regarding the positions expressed by the countries during the joint review and what, if any, actions were agreed to by the countries.

621.<<NOTE:

19 USC 4621.>> 621.

701.<<NOTE:

19 USC 4631.>> 701.

(3)[[Page Mexico's134 laborSTAT. reform.--The term ``Mexico's labor reform'' means the legislation on labor reform enacted by Mexico on May 1, 2019.

81]] (3) Mexico's labor reform.--The term ``Mexico's labor reform'' means the legislation on labor reform enacted by Mexico on May 1, 2019.

711.<<NOTE:

19 USC 4641.>> 711.

(a) Establishment.--Not<<NOTE: later than 90 days after the date of the enactment of this Act, the President shall establish an Interagency Labor Committee for Monitoring and Enforcement (in this title referred to as the ``Interagency Labor Committee''), to coordinate United States efforts with respect to each USMCA country-- (1) to monitor the implementation and maintenance of the labor obligations;

Deadline.

President.

Coordination.>> Establishment.-- Not later than 90 days after the date of the enactment of this Act, the President shall establish an Interagency Labor Committee for Monitoring and Enforcement (in this title referred to as the ``Interagency Labor Committee''), to coordinate United States efforts with respect to each USMCA country-- (1) to monitor the implementation and maintenance of the labor obligations;

(c) Meetings.--The<<NOTE: Interagency Labor Committee shall meet at least once every 90 days during the 5-year period beginning on the date of the enactment of this Act, and at least once every 180 days thereafter for 5 years.

Time periods.>> Meetings.--The Interagency Labor Committee shall meet at least once every 90 days during the 5-year period beginning on the date of the enactment of this Act, and at least once every 180 days thereafter for 5 years.

712.<<NOTE:

19 USC 4642.>> 712.

(1) Coordinating<<NOTE: the activities of departments and agencies of the Committee in monitoring implementation of and compliance with labor obligations, including by-- (A) requesting and reviewing relevant information from the governments of USMCA countries and from the public;

Coordination.>> Coordinating the activities of departments and agencies of the Committee in monitoring implementation of and compliance with labor obligations, including by-- (A) requesting and reviewing relevant information from the governments of USMCA countries and from the public;

(3)[[Page Coordinating134 withSTAT. other institutions and governments with respect to support relating to labor issues, such as the International Labour Organization and the Government of Canada.

82]] (3) <<NOTE:

Coordination.>> Coordinating with other institutions and governments with respect to support relating to labor issues, such as the International Labour Organization and the Government of Canada.

(5) Meeting,<<NOTE: at least biannually during the 5-year period beginning on the date of the enactment of this Act and at least annually for 5 years thereafter, with the Labor Advisory Committee for Trade Negotiations and Trade Policy established under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C.

Time period.

Consultation.>> Meeting, at least biannually during the 5-year period beginning on the date of the enactment of this Act and at least annually for 5 years thereafter, with the Labor Advisory Committee for Trade Negotiations and Trade Policy established under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C.

(6) Based<<NOTE: on the assessments required by section 714, making recommendations relating to dispute settlement actions to the Trade Representative, in accordance with section 715.

(7)Recommenda- tions.>> Based on reports provided by the Forcedassessments Laborrequired Enforcementby Task Force under section 743,714, developingmaking recommendations forrelating appropriateto enforcementdispute settlement actions byto the Trade Representative.Representative, in accordance with section 715.

(8)(7) Reviewing<<NOTE: reports submitted by the labor experts appointed in accordance with Annex 31-A of the USMCA, with respect to the functioning of that Annex.

(9)Recommenda- Reviewingtions.>> Based on reports submittedprovided by the IndependentForced Mexico Labor ExpertEnforcement BoardTask Force under section 734.743, developing recommendations for appropriate enforcement actions by the Trade Representative.

(8) <<NOTE:

Reviews.>> Reviewing reports submitted by the labor experts appointed in accordance with Annex 31-A of the USMCA, with respect to the functioning of that Annex.

(9) <<NOTE:

Reviews.>> Reviewing reports submitted by the Independent Mexico Labor Expert Board under section 734.

713.<<NOTE:

19 USC 4643.>> 713.

The Interagency<<NOTE: Labor Committee shall-- (1) review the list of priority sectors under Annex 31-A of the USMCA and suggest to USTR additional sectors for review by the USMCA countries as appropriate;

(2)Reviews.>> establishInteragency andLabor annuallyCommittee updateshall-- a(1) review the list of priority subsectors within such priority sectors tounder beAnnex the31-A focus of the enforcementUSMCA effortsand ofsuggest theto Committee,USTR theadditional firstsectors offor whichreview shallby consistthe of--USMCA (A)countries autoas assembly;appropriate;

(2) <<NOTE:

List.>> establish and annually update a list of priority subsectors within such priority sectors to be the focus of the enforcement efforts of the Committee, the first of which shall consist of-- (A) auto assembly;

714.<<NOTE:

19 USC 4644.>> 714.

(a) Ongoing<<NOTE: Assessments.--For the 10-year period beginning on the date of the enactment of this Act, except as provided in subsection (b), the Interagency Labor Committee shall assess on a biannual basis the extent to which Mexico is in compliance with its obligations under Annex 23-A of the USMCA.

(b)Time Consultationperiod.>> RelatingOngoing toAssessments.--For Annual Assessment.--On or after the date10-year thatperiod isbeginning 5on years after the date of the enactment of this Act, theexcept Interagencyas Laborprovided Committeein may consult with the appropriate congressional committees with respect to the frequency of the assessment required under subsection (a)(b), and, with the approvalInteragency ofLabor bothCommittee suchshall committees,assess may conduct such assessment on an[[Page annual134 basisSTAT. for the following 5 years.

83]] a biannual basis the extent to which Mexico is in compliance with its obligations under Annex 23-A of the USMCA.

(b) <<NOTE:

Time periods.>> Consultation Relating to Annual Assessment.--On or after the date that is 5 years after the date of the enactment of this Act, the Interagency Labor Committee may consult with the appropriate congressional committees with respect to the frequency of the assessment required under subsection (a) and, with the approval of both such committees, may conduct such assessment on an annual basis for the following 5 years.

715.<<NOTE:

19 USC 4645.>> 715.

(a) Recommendation<<NOTE: To Initiate.--If the Interagency Labor Committee determines, pursuant to an assessment under section 714, as a result of monitoring activities described in section 712(1), or pursuant to a report of the Independent Mexico Labor Expert Board that a USMCA country has failed to meets its labor obligations, including with respect to obligations under Annex 23-A of the USMCA, the Committee shall recommend that the Trade Representative initiate enforcement actions under-- (1) article 23.13 or 23.17 of the USMCA (relating to cooperative labor dialogue and labor consultations);

Determination.>> Recommendation To Initiate.--If the Interagency Labor Committee determines, pursuant to an assessment under section 714, as a result of monitoring activities described in section 712(1), or pursuant to a report of the Independent Mexico Labor Expert Board that a USMCA country has failed to meets its labor obligations, including with respect to obligations under Annex 23-A of the USMCA, the Committee shall recommend that the Trade Representative initiate enforcement actions under-- (1) article 23.13 or 23.17 of the USMCA (relating to cooperative labor dialogue and labor consultations);

(b) Trade<<NOTE: Representative Determinations.--Not later than 60 days after the date on which the Trade Representative receives a recommendation pursuant to subsection (a), the Trade Representative shall-- (1) determine whether to initiate an enforcement action;

andDeadline.>> (2)Trade ifRepresentative suchDeterminations.--Not determinationlater isthan negative,60 submitdays toafter the appropriatedate congressionalon committeeswhich the Trade Representative receives a reportrecommendation onpursuant to subsection (a), the reasonsTrade forRepresentative suchshall-- negative(1) determination.determine whether to initiate an enforcement action;

and (2) <<NOTE: