Mexico's cabinet members in charge of implementing labor law changes and managing the USMCA more broadly said they are helping the private sector evaluate whether businesses could be a target of the rapid response mechanism, and they are working on the four-year process of democratizing labor unions in the country. Labor Secretary Luisa Maria Alcalde de Lujan said new laws include eliminating the former arbitration system, which was part of the executive branch, and creating a system of labor judges.
USMCA
The U.S.-Mexico-Canada agreement is a free trade agreement between the three countries, also known as CUSMA in Canada and T-MEC in Mexico. Replacing the North American Free Trade Agreement (NAFTA) in 2020, the agreement contains a unique sunset provision where, after six years (in 2026), any of the three parties may decide not to continue the agreement in its current form and begin a period of up to 10 years where USMCA provisions may be renegotiated.
The International Trade Commission issued Revision 22 to the 2020 Harmonized Schedule on Sept. 22, implementing extensions to exclusions from List 3 and List 4 Section 301 tariffs that had been set to expire Sept. 20 (see 2009170037). The extended exclusions are to be filed under new subheadings 9903.88.58 and 9903.88.59, respectively. The ITC also made changes to an already extended exclusion, as directed by USTR in a notice issued Sept. 16 (see 2009150051). The ITC also made technical corrections to a General Note 11 provision on USMCA regional value content for passenger vehicles and light trucks, as well as a Chapter 98 note on the third-country fabric provision for the African Growth and Opportunity Act.
As trade and labor attorneys wait to see which company is the target of a promised AFL-CIO rapid response complaint, Warren Payne, a senior adviser for Mayer Brown's public policy and international trade practices, said there can be informed speculation on who might be first.
International Trade Today is providing readers with the top stories from Sept. 14-18 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The International Trade Commission recently issued Revision 21 to the 2020 Harmonized Tariff Schedule. This latest revision implements a cut to Section 232 quotas on Brazilian semi-finished steel that took effect Aug. 28 (see 2008310010), and changes to the U.S.-Singapore Free Trade Agreement rules of origin that had been part of the proclamation implementing USMCA at the end of July (see 2006300079). It also reflects extensions to List 4 Section 301 exclusions that had been set to expire Sept. 1 (see 2008310013), now filed under new tariff subheading 9903.88.57.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet Oct. 7, remotely, beginning at 1 p.m. EDT, CBP said in a notice. Comments are due in writing by Oct. 6. The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate and formulate recommendations on how to proceed on those topics:
Senate Minority Leader Chuck Schumer and his fellow New York colleague, Sen. Kirsten Gillibrand, sent a letter to U.S. Trade Representative Robert Lighthizer and the Agriculture Secretary Sonny Perdue, urging them to monitor the elimination of Class 6 and Class 7 pricing programs in Canadian dairy, the avoidance of geographical indications for cheese names in Mexico, and the implementation of more generous tariff rate quotas for dairy imports in Canada. “While the new tariff-rate quota commitments were intended to provide U.S. dairy producers with greater access to Canada’s dairy market, it is our understanding that Canada’s announced TRQs place U.S. producers at a disadvantage and are inconsistent with the market access provisions secured in agreement,” they wrote Sept. 15.
Customs brokers and a trade attorney urged trade professionals to work with their importers now to prepare for enforcement of USMCA next year. Monica DeMars, manager of corporate customs for C.H. Robinson, told attendees at a National Customs Brokers & Forwarders Association of America conference session on Sept. 18 that when CBP begins enforcing USMCA, it will look at July-December entries from this year, not just start enforcing prospectively.
The trade group that represents 12 foreign companies that have auto manufacturing operations in the U.S. says that the dialogue with the U.S. trade representative on alternative staging regimes will be ongoing for “the next several months.” Jennifer Safavian, CEO of Autos Drive America, spoke with reporters Sept. 16. The Office of the U.S. Trade Representative must bless each manufacturer's plan to move toward USMCA rules of origin for that company to get a five-year transition to higher regional value content standards, and a slower transition to meeting new labor value content standards. She said all three countries will have to approve each alternative staging plan.
High tech goods from China that are eligible for USMCA treatment remain subject to applicable Section 301 tariffs, CBP said in a Sept. 11 ruling. The ruling is a follow-up to a ruling in August that addressed a question of whether goods that originate in China and imported from Mexico are eligible for USMCA treatment (see 2008110037). While CBP in the previous ruling said that such goods are eligible for USMCA treatment, the agency didn't say then whether the Section 301 tariffs would apply.