Pub. L. 116-113, tit. II, sec. 209 (as amended)
OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.
SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) Country of Origin Marking.—Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended by striking subsection (k) and inserting the following:
“(k) Treatment of Goods of a USMCA Country.—In applying this section to an article that qualifies as a good of a USMCA country (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)—
“(1) the exemption under subsection (a)(3)(H) shall be applied by substituting ‘reasonably know’ for ‘necessarily know’;
“(2) the Secretary shall exempt the good from the requirements for marking under subsection (a) if the good—
“(A) is an original work of art; or
“(B) is provided for under subheading 6904.10, heading 8541, or heading 8542 of the Harmonized Tariff Schedule of the United States; and
“(3) subsection (b) does not apply to the usual container of any good described in subsection (a)(3)(E) or (I) or paragraph (2)(A) or (B) of this subsection.”
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(b) Examination of Books and Witnesses.—Section 509(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A)) is amended—
(1) in clause (i), by inserting at the end “or a vehicle producer whose good is subject to a claim of preferential tariff treatment under the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act),”; and
(2) in clause (ii), by striking “a NAFTA country” and all that follows through “Implementation Act)” and inserting “a USMCA country (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”.
(c) Exchange of Information.—Section 628 of the Tariff Act of 1930 (19 U.S.C. 1628) is amended by striking subsection (c) and inserting the following:
“(c) Government Agency of USMCA Country.—
“(1) In general.—The Secretary may authorize U.S. Customs and Border Protection to exchange information with any government agency of a USMCA country, if the Secretary—
“(A) reasonably believes the exchange of information is necessary to implement chapter 2, 4, 5, 6, or 7 of the USMCA; and
“(B) obtains assurances from such agency that the information will be held in confidence and used only for governmental purposes.
“(2) Definitions.—In this subsection, the terms ‘USMCA’ and ‘USMCA country’ have the meanings given those terms in section 3 of the United States-Mexico-Canada Agreement Implementation Act.”
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(d) [19 U.S.C. 1304 note] Effective Date.—
(1) In general.—The amendments made by this section shall—
(A) take effect on the date on which the USMCA enters into force; and
(B) apply with respect to a good entered for consumption, or withdrawn from warehouse for consumption, on or after that date.
(2) Transition from nafta treatment.—In the case of a good entered for consumption, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force—
(A) the amendments made by this section shall not apply with respect to the good; and
(B) the provisions of law amended by this section, as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the good.
(e) [19 U.S.C. 1628 note] Effective Date Relating to Exchange of Information.—Notwithstanding the amendment made by subsection (c), the Secretary of the Treasury shall retain the authority provided in section 628(c) of the Tariff Act of 1930 (as in effect on the day before the date on which the USMCA enters into force) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act (as in effect on the day before the date on which the USMCA enters into force)).
- Cross-references to the US Code
- 19 U.S.C. 1304 note19 U.S.C. 1628 note