Senate Finance Committee Chairman Chuck Grassley, R-Iowa, celebrated the switchover from NAFTA to the U.S.-Mexico-Canada Agreement -- coming July 1 -- but also talked about a trade irritant with Canada and one with Mexico in a conference call with reporters June 30.
CBP Executive Assistant Commissioner for Trade Brenda Smith told reporters June 30 that CBP staffers “are very well-prepared to implement the agreement” that takes over from NAFTA at midnight.
Mexican companies may struggle to comply with U.S.-Mexico-Canada Agreement provisions due to uncertainty caused by the COVID-19 pandemic and confusion about certificate of origin provisions, two former Mexican government officials said. Some Mexican businesses may opt to forgo the preferential treatment under USMCA, which takes effect July 1, and instead pay most favored nation rates on imports until they better understand the agreement’s provisions, the former officials said.
Although lawmakers thought eliminating the NAFTA certificate would be helpful, some importers are more comfortable with structure, so there will be a certificate template available on CBP's trade agreements web page “as soon as possible,” Adam Sulewski, USMCA Center project leader at CBP, said during a conference call June 29. He reminded importers, “We can accept those required nine data elements in any form.”
Importers may want to delay filing for U.S.-Mexico-Canada Agreement reconciliation because the USMCA currently doesn't allow for post-entry refunds of merchandise processing fees, CBP officials said during a National Association of Foreign-Trade Zones webinar on June 16. Maya Kamar, CBP director for textiles and trade agreements, said that although the Office of the U.S. Trade Representative is working with Congress for a legislative fix to the issue, CBP doesn't yet have clarity on whether such a bill will pass (see 2006050034).
While most of the focus on the U.S.-Mexico-Canada Agreement has been on the changes to the auto rules of origin and enforcement measures aimed at Mexico, Crowell & Moring lawyers explained that importers and exporters of textiles and chemicals also can take advantage of rules that changed from NAFTA for inclusion in the updated agreement.
The Office of the U.S. Representative posted the final implementing regulations of the U.S.-Mexico-Canada Agreement, covering the interpretation, application, and administration of rules of origin, textiles, and customs and trade facilitation.
Even as COVID-19 delays some advances in trade facilitation -- such as being able to use a single window to export into Canada -- the U.S.-Mexico-Canada Agreement has good news for it, panelists said during a Dickinson Wright webinar May 28.
Mexico's Economy Minister Luz de la Mora said that the uniform regulations that pertain to issues outside the auto industry will be ready by July 1 -- but strongly suggested that the uniform regulations will not be ready by the date of entry into force of the U.S.‐Mexico‐Canada Agreement. “There has been great progress on non-auto URs, and they will be ready by July 1, as for the auto rules of origin, we expect to advance substantially in coming weeks,” she said during a Cato Institute interview May 27. She said that Mexico wants “to make sure the transition to the new regime is effective, efficient.”
The government is considering how quickly it can get through a legislative fix to U.S.-Mexico-Canada Agreement implementation provisions that allow for duty refunds on post-importation preference claims, but not a refund of merchandise processing fees, said Maya Kumar, director of textiles and trade agreements at CBP. She said on May 22 that CBP officials “do not think that was the intent of the law.” Kumar, who was speaking at the National Association of Foreign-Trade Zones virtual conference, said that if it's at all possible, CBP would like to see that fixed by Congress before USMCA's entry into force July 1. “We’re trying to work with [the office of the U.S. Trade Representative] as well as Congress and see how quickly they can do that,” she said.