4581

prev | next

Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the USMCA.

Enactment of Section

For delayed effective date of section, see Effective Date of 2020 Amendment note below.

Codification

Section was formerly classified to section 3431 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020—Pub. L. 116–113, § 504(b)(3), substituted “the USMCA” for “the Agreement”.

Effective Date of 2020 Amendment

Pub. L. 116–113, title V, § 504(k), Jan. 29, 2020, 134 Stat. 76, provided that:

“(1) In general.—Each transfer, redesignation, and amendment made by this section [transferring sections 3431 to 3438 of this title, respectively, to and amending sections 4581 to 4588 of this title] shall take effect on the date on which the USMCA enters into force, but shall not apply—
“(A)
to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; and
“(B)
to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.
“(2) Transition from nafta.—The transfers, redesignations, and amendments made by this section shall not apply, and the provisions of title IV of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3431 et seq.], as in effect on the day before the date on which the USMCA enters into force, shall continue to apply on and after that date with respect—
“(A)
to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before the date on which the USMCA enters into force; and
“(B)
to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before the date on which the USMCA enters into force.”

[For definition of “USMCA” as used in section 504(k) of Pub. L. 116–113, set out above, see section 4502 of this title.]