§4513 Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority

Summary

After January 29, 2020, the President may issue proclamations under this law and other U.S. officials may write rules to carry it out. Any presidential action that does not go through the consultation and layover rules in section 4514 cannot take effect until the 15th day after the proclamation’s text is published in the Federal Register. That 15-day wait can be skipped only if it would stop the action from taking effect on the date the USMCA enters into force. Initial regulations needed to implement the Act or the approved statement of administrative action must, as much as possible, be issued within 1 year after the USMCA enters into force. Rules about the Uniform Regulations on rules of origin (article 5.16) must be in place by the date the USMCA enters into force. If an implementing action starts later, its initial regulations should be issued within 1 year after that later start date. The President may change, continue, or add duties, or continue duty-free or excise treatment, and may adjust duty staging agreed with USMCA countries, following the consultation and layover rules when required. For goods with specific or compound duty rates, the President must replace them with an equivalent ad valorem rate. The President must also manage tariff-rate quotas so agricultural imports do not disrupt U.S. markets. The President may add to the HTS the provisions listed in Annex 4–B; certain parts of Annexes 3–A, 3–B; specified paragraphs of Appendix 2 to Annex 2–B; and any needed subordinate categories to carry out sections 4531 and 4532. The President may later modify those HTS entries (except chapters 50–63), following the consultation and layover rules, and may make changes to implement an agreement under article 6.4 or fix typographical or other minor technical errors in chapters 50–63 within 1 year after the USMCA enters into force.