Pub. L. 116-260, div. O, tit. VI, sec. 601 (as amended)

TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT.

Year: 2026Length: 1,029 wordsOfficial source
SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT. (a) Environment Cooperation Commissions; North American Development Bank.— (1) [19 U.S.C. 3472and note] In general.—Section 601 of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116-113; 134 Stat. 78) shall not apply to the provisions specified in paragraph (2) and such provisions shall be restored and revived as if such section had not been enacted. (2) Provisions specified.—The provisions specified in this paragraph are the following: (A) Sections 532 and 533 of the North American Free Trade Agreement Implementation Act. (B) Part 2 of subtitle D of title V of such Act (as amended by section 831 of the United States-Mexico-Canada Agreement Implementation Act). (3) North american development bank: limitation on callable capital subscriptions.—The Secretary of the Treasury may subscribe without fiscal year limitation to the callable capital portion of the United States share of capital stock of the North American Development Bank in an amount not to exceed $1,020,000,000. The authority in the preceding sentence shall be in addition to any other authority provided by previous Acts. (b) Rules of Origin.—Section 202 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531) is amended— (1) in subsection (c), by adding at the end the following: “(3) Special rule for foreign-trade zones.—Paragraph (1)(B) shall not apply to a good produced in a foreign-trade zone or subzone established pursuant to the Act of June 18, 1934 (commonly known as the ‘Foreign Trade Zones Act’) (19 U.S.C. 81a et seq.) that is entered for consumption in the customs territory of the United States.” ; and (2) in subsection (f)(2)(E), by striking “heading 1507, 1508,” and inserting “any of headings 1501 through 1508”. (c) Drawbacks.— (1) In general.—Section 208 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4534) is amended by adding at the end the following: “(e) Action on Claim.— “(1) In general.—If the Commissioner of U.S. Customs and Border Protection determines that a claim of preferential tariff treatment has been made with respect to an article for which a claim described in paragraph (2) has been made, the Commissioner may make such adjustments regarding the previous customs treatment of the article as may be warranted. “(2) Claims described.—A claim described in this paragraph is a claim for— “(A) a refund, waiver, or reduction of duty, under any applicable provision of law; or “(B) a credit against a bond under section 312(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1312(d)(1)).” . (2) Conforming amendments.— (A) Tariff act of 1930.—The Tariff Act of 1930 is amended— (i) in section 311 (19 U.S.C. 1311), in the 11th undesignated paragraph, by striking “(subject to section 508(b)(2)(B))” and inserting “(subject to section 208(e) of that Act)”; (ii) in section 312 (19 U.S.C. 1312), by striking “(subject to section 508(b)(2)(B))” each place it appears and inserting “(subject to section 208(e) of that Act)”; (iii) in section 313(n)(1)(C) (19 U.S.C. 1313(n)(1)(C)), by striking “section 508(b)(2)(B)” and inserting “section 208(e) of that Act”; and (iv) in section 562(2)(B) (19 U.S.C. 1562(2)(B)), in the matter preceding clause (i), by striking “(subject to section 508(b)(2)(B))” and inserting “(subject to section 208(e) of that Act)”. (B) Foreign trade zones act.—Section 3(a) of the Act of June 18, 1934 (commonly known as the “Foreign Trade Zones Act”) (19 U.S.C. 81c(a)) is amended in the seventh proviso by striking “(subject to section 508(b)(2)(B) of the Tariff Act of 1930)” and inserting “(subject to section 208(e) of that Act)”. (d) Retention of Records.— (1) In general.—Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended by inserting after subsection (b) the following: “(c) Period of Time.—The records required by subsection (a) shall be kept for such periods of time as the Secretary shall prescribe, except that— “(1) no period of time for the retention of the records required under subsection (a) may exceed 5 years from the date of entry, filing of a reconciliation, or exportation, as appropriate; and “(2) records for any drawback claim shall be kept until the 3rd anniversary of the date of liquidation of the claim.” . (2) Conforming amendment.—Section 313(r)(3)(B) of the Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by striking “section 508(c)(3)” and inserting “section 508(c)(2)”. (e) Reliquidation of Entries.—Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended by striking “(except with respect to any merchandise processing fees)”. (f) Protective Orders.—Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) is amended— (1) in the subsection heading, by striking “the the” and inserting “the”; and (2) in paragraph (1), by striking subparagraph (A) and inserting the following: “(A) In general.—If binational panel review of a determination under this title is requested pursuant to article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority or the Commission, as appropriate, may make available to authorized persons, under a protective order described in paragraph (2), a copy of all proprietary material in the administrative record made during the proceeding in question. If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel or extraordinary challenge committee finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel or committee as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).” . (g) Dispute Settlement.—The table of contents for the United States-Mexico-Canada Agreement Implementation Act (Public Law 116-113; 134 Stat. 11) is amended by striking the item relating to section 414 and inserting the following: “Sec. 414. Requests for review of determinations by competent investigating authorities.” . (h) [19 U.S.C. 81c note] Effective Date.—This section and the amendments made by this section shall take effect on July 1, 2020.
Cross-references to the US Code
19 U.S.C. 3472and note19 U.S.C. 81c note
Public laws referenced
116-113
Pub. L. 116-260, div. O, tit. VI, sec. 601 (as amended): TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT. | Justis AI