§4512 — Title 19 Customs Duties | U.S. Code

Summary

Stops the USMCA from taking effect where it would conflict with United States law. It does not change U.S. laws or cut back any federal authority. If a USMCA rule clashes with U.S. law, the U.S. law controls. Only the United States can ask a court to strike down a state law for conflicting with the USMCA. “State law” also means local laws and insurance rules. No one else can sue, use the USMCA as a legal defense, or challenge government actions for being inconsistent with the USMCA.

Title 19, §4512

Customs Duties — Source: USLM XML via OLRC

(a)(1)No provision of the USMCA, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States, shall have effect.

(2)Nothing in this Act shall be construed—

(A)to amend or modify any law of the United States, or

(B)to limit any authority conferred under any law of the United States,

(b)(1)No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the USMCA, except in an action brought by the United States for the purpose of declaring such law or application invalid.

(2)For purposes of this subsection, the term “State law” includes—

(A)any law of a political subdivision of a State; and

(B)any State law regulating or taxing the business of insurance.

(c)No person other than the United States—

(1)shall have any cause of action or defense under the USMCA or by virtue of congressional approval thereof; or

(2)may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the USMCA.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(2), is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 4501 of this title and Tables.

§4512 Relationship of the USMCA to United States and State law