§4513 Implementing Actions in Anticipation of Entry Into Force; Initial Regulations; Tariff Proclamation Authority

Summary

After January 29, 2020, the President may issue proclamations and other U.S. officials may write rules needed to put into effect any part of the Act that must start when the USMCA goes into force. Those proclamations and rules cannot start before the USMCA takes effect. A proclamation that is not covered by the consultation and layover rules in section 4514 cannot take effect until the 15th day after its text is published in the Federal Register, unless delaying it would stop the action from taking effect on the USMCA start date. Initial regulations needed to carry out the Act should, as much as possible, be issued within 1 year after the USMCA enters into force. Rules for the Uniform Rules of Origin in article 5.16 must be issued by the USMCA start date. If an implementing action starts after the USMCA start date, its initial rules should, as much as possible, be issued within 1 year after that later effective date. The President may also proclaim tariff changes needed to apply the listed USMCA articles and annexes (for example articles 2.4–2.10, 6.2–6.3, the Schedule to Annex 2–B and related annexes). Other tariff changes that keep trade concessions balanced with a USMCA country may be made subject to section 4514 review. For goods with specific or compound duty rates in the Schedule to Annex 2–B, the President must replace those with equivalent ad valorem rates. The President must act to make sure tariff‑rate quotas for agricultural goods do not disrupt orderly U.S. marketing. The President may also add certain USMCA rules of origin and related subcategories to the HTS and, subject to section 4514, may modify them, including textile-related adjustments and technical corrections to chapters 50–63 within 1 year of USMCA entry.