19 U.S.C. § 4512: Relationship of the USMCA to…

Summary

When the USMCA conflicts with a United States law, the United States law wins. The USMCA does not change or limit any U.S. law or government power unless the Act clearly says it does. A State law cannot be declared invalid for clashing with the USMCA unless the United States brings the case. "State law" includes local government laws and state insurance rules. Only the United States can use the USMCA in court; private people or businesses cannot sue or use the USMCA as a legal defense or to challenge government actions.

Title 19, §4512

Customs Duties, Source: USLM XML via OLRC

(a)Relationship of USMCA to United States law

(1)United States law to prevail in conflict

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

(2)Construction

Nothing in this Act shall be construed—

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

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

unless specifically provided for in this Act.

(b)Relationship of USMCA to State law

(1)Legal challenge

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

(2)Definition of State law

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

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

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

(c)Effect of USMCA with respect to private remedies

No person other than the United States—

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

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

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