Title 19 — Customs Duties
Part A · Chapter 29 — United States–mexico–canada Agreement Implementation
§ 4552. Presidential action regarding USMCA imports
Statutory text
In general
In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] with respect to imports from a USMCA country, the President shall determine whether—
imports from such country, considered individually, account for a substantial share of total imports; or
imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
Exclusion of USMCA imports
In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall exclude from such action imports from a USMCA country if the President makes a negative determination under subsection (a)(1) or (2) with respect to imports from such country.
Action after exclusion of USMCA country imports
In general
If the President, under subsection (b), excludes imports from a USMCA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
the President may take appropriate action under such chapter 1 to include those imports in the action; and
any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
Investigation
Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
“Surge” defined
For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period.
Condition applicable to quantitative restrictions
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 title III § 302 · 134 Stat. 11
Enacted · 19 U.S.C. § 4552
Pub. L. 116–113, title III, § 302, formerly Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107
Source evidence
Code source credit
Pub. L. 116–113, title III, § 302, formerly Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107Effective date note
Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020) and applicable with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) initiated on or after that date, see section 502(e) of Pub. L. 116–113, set out as a note under section 4551 of this title.United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 502(c)(4) · 134 Stat. 11
Substituted · 19 U.S.C. § 4552
Pub. L. 116–113, § 502(c)(4), substituted “USMCA” for “NAFTA” in section catchline, subsec. (b) and (c) headings, and wherever appearing in text
Source evidence
Code amendment note
Pub. L. 116–113, § 502(c)(4), substituted “USMCA” for “NAFTA” in section catchline, subsec. (b) and (c) headings, and wherever appearing in text.Enacted provision · exact public law section
(4) amended— (A) in the section heading, by striking “nafta” and inserting “usmca”; (B) in subsection (b), in the subsection heading, by striking “NAFTA” and inserting “USMCA”; (C) in subsection (c), in the subsection heading, by striking “NAFTA” and inserting “USMCA”; and (D) by striking “NAFTA” each place it appears and inserting “USMCA”.Effective date note
Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020) and applicable with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) initiated on or after that date, see section 502(e) of Pub. L. 116–113, set out as a note under section 4551 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsecs. (a) to (c), is Pub. L. 93–618, , 88 Stat. 1978. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
Codification
Section was formerly classified to section 3372 of this title prior to renumbering by Pub. L. 116–113.
Amendments
2020—Pub. L. 116–113, § 502(c)(4), substituted “USMCA” for “NAFTA” in section catchline, subsec. (b) and (c) headings, and wherever appearing in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force () and applicable with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) initiated on or after that date, see section 502(e) of Pub. L. 116–113, set out as a note under section 4551 of this title.
Credits
1993–2020 · 2 acts
- 1993Pub. L. 116–113, title III, § 302, formerly Pub. L. 103–182, title III, § 312, , 107 Stat. 2107
- 2020renumbered § 302 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 502(c), , 134 Stat. 70.
Show as published
(Pub. L. 116–113, title III, § 302, formerly Pub. L. 103–182, title III, § 312, , 107 Stat. 2107; renumbered § 302 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 502(c), , 134 Stat. 70.)