19 USC 4513 - Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority

U.S Code last checked for updates: Nov 22, 2024

§ 4513.

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

(a)

Implementing actions

(1)

Proclamation authority

After January 29, 2020—

(A)

the President may proclaim such actions, and

(B)

other appropriate officers of the United States Government may prescribe such regulations,

as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the USMCA enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the USMCA enters into force.

(2)

Effective date of certain proclaimed actions

(3)

Waiver of 15-day restriction

(b)

Initial regulations

(1)

In general

(2)

Uniform regulations

(3)

Implementing actions with effective dates after entry into force

(c)

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.

(2)

Other tariff modifications

Subject to the consultation and layover provisions of section 4514 of this title, the President may proclaim—

(A)

such modifications or continuation of any duty,

(B)

such modifications as the United States may agree to with a USMCA country regarding the staging of any duty treatment set forth in the Schedule of the United States to Annex 2–B of the USMCA, including the appendices to that Annex,

(C)

such continuation of duty-free or excise treatment, or

(D)

such additional duties,

as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to a USMCA country provided for by the USMCA.

(3)

Conversion to ad valorem rates

(4)

Tariff-rate quotas

(5)

Presidential proclamation authority relating to rules of origin

(A)

In general

The President may proclaim, as part of the HTS—

(i)

the provisions set forth in Annex 4–B of the USMCA;

(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;

(iv)

the provisions set forth in paragraphs 14(b), 14(c), and 15(e) of Section B of Appendix 2 to Annex 2–B of the USMCA; and

(v)

any additional subordinate category that is necessary to carry out section 4531 of this title and section 4532 of this title consistent with the USMCA.

(B)

Modifications

(i)

In general

(ii)

Special rule for textiles

Notwithstanding clause (i), and subject to the consultation and layover provisions of section 4514 of this title, the President may proclaim—

(I)

such modifications to the provisions proclaimed under the authority of subparagraph (A) as are necessary to implement an agreement with one or more USMCA countries pursuant to article 6.4 of the USMCA; and

(II)

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.

(Pub. L. 116–113, title I, § 103, Jan. 29, 2020, 134 Stat. 15.)

cite as: 19 USC 4513