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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY
19 CFR Parts 10, 102, 132, 134, 163, 182 and 190
USCBP20210026
CBP Dec. 2110
RIN 1515AE56

Agreement Between the United States of America, the United Mexican States, and Canada USMCA Implementing Regulations Related to the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.
ACTION: Interim final rule; request for comments.
AGENCY:

This interim final rule amends the U.S. Customs and Border Protection CBP regulations to include implementing regulations for the preferential tariff treatment and related customs provisions of the Agreement Between the United States of America, the United Mexican States, and Canada USMCA. The USMCA applies to goods from Canada and Mexico entered for consumption, or withdrawn from warehouse for consumption, on or after July 1, 2020. This document amends the Code of Federal Regulations CFR to implement the provisions in Chapters 1, 2, 5, and 7 of the USMCA related to general definitions, confidentiality, import requirements, export requirements, post-importation duty refund claims, drawback and dutydeferral programs, general verifications and determinations of origin, commercial samples, goods re-entered after repair or alteration in Canada or Mexico, and penalties. This document makes amendments to apply the marking rules in determining the country of origin for marking purposes for goods imported from Canada or Mexico and for other purposes specified by the USMCA. This document also includes amendments to add the sugarcontaining products subject to a tariffrate quota under Appendix 2 to Annex 2B of Chapter 2 of the USMCA to the CBP regulations governing the requirement for an export certificate, and conforming amendments for the declaration required for goods reentered after repair or alteration in Canada or Mexico, recordkeeping provisions, and the modernized
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SUMMARY:

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drawback provisions. Concurrently with this interim final rule, CBP is publishing a notice of proposed rulemaking that proposes to apply the rules for all nonpreferential origin determinations made by CBP for goods imported from Canada or Mexico. CBP will also issue additional USMCA implementing regulations in an interim final rule to be published in the Federal Register at a later date.
DATES: Effective date: This interim final rule is effective on July 1, 2021.
Comments due date: Comments must be received by September 7, 2021.
ADDRESSES: You may submit comments, identified by docket number USCBP
20210026, by one of the following methods:
Federal eRulemaking Portal at http www.regulations.gov. Follow the instructions for submitting comments.
Mail: Due to COVID19-related restrictions, CBP has temporarily suspended its ability to receive public comments by mail.
Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http
www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or comments received, go to http
www.regulations.gov. Due to the relevant COVID19-related restrictions, CBP has temporarily suspended on-site public inspection of the public comments.
FOR FURTHER INFORMATION CONTACT:
Operational Aspects and Audit Aspects: Queena Fan, Director, USMCA
Center, Office of Trade, U.S. Customs and Border Protection, 202 7388946
or usmca@cbp.dhs.gov.
Legal Aspects: Craig T. Clark, Director, Commercial and Trade Facilitation Division, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 202 3250276
or craig.t.clark@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this interim final rule. U.S. Customs and Border Protection CBP also invites comments
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that relate to the economic, environmental, or federalism effects that might result from this interim final rule.
Comments that will provide the most assistance to CBP will reference a specific portion of the interim final rule, explain the reason for any recommended change, and include data, information or authority that support such recommended change.
II. Background On November 30, 2018, the Protocol Replacing the North American Free Trade Agreement with the Agreement Between the United States of America, the United Mexican States, and Canada the Protocol was signed to replace the North American Free Trade Agreement NAFTA. The Agreement Between the United States of America, the United Mexican States Mexico, and Canada the USMCA 1 is attached as an annex to the Protocol and was subsequently amended to reflect certain modifications and technical corrections in the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada the Amended Protocol, which the Office of the United States Trade Representative USTR signed on December 10, 2019.
Pursuant to section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 19 U.S.C. 4205 and section 151
of the Trade Act of 1974 19 U.S.C.
2191, the United States adopted the USMCA through the enactment of the United States-Mexico-Canada Agreement Implementation Act USMCA Act, Public Law 116113, 134
Stat. 11 19 U.S.C. Chapter 29, on January 29, 2020. Section 103a1B of the USMCA Act 19 U.S.C. 4513b1
provides the authority for new or amended regulations to be issued to implement the USMCA, as of the date of its entry into force.
Mexico, Canada, and the United States certified their preparedness to implement the USMCA on December 12, 2019, March 13, 2020, and April 24, 2020, respectively. As a result, pursuant to paragraph 2 of the Protocol, which provides that the USMCA will take effect on the first day of the third month after the last signatory party provides written notification of the completion of the domestic implementation of the USMCA through the enactment of 1 The Agreement Between the United States of America, the United Mexican States, and Canada is the official name of the USMCA treaty. Please be aware that, in other contexts, the same document is also referred to as the United States-MexicoCanada Agreement.

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