Decision No. 2 of the Free Trade Commission of the CUSMA, T-MEC, USMCA (“Agreement”)

The Free Trade Commission (“the Commission”) decides as follows:

Uniform Regulations

1. Article 5.16 (Uniform Regulations) of the Agreement requires the adoption of Uniform Regulations regarding the interpretation, application, and administration of Chapter 4 (Rules of Origin), Chapter 5 (Origin Procedures), Chapter 6 (Textile and Apparel Goods), and Chapter 7 (Customs Administration and Trade Facilitation) of the Agreement. The Commission adopts the verified French and Spanish versions of the Uniform Regulations and the corrected English version of the Uniform Regulations, attached to this Decision as Annex I. These shall replace the English, French, and Spanish versions of the Uniform Regulations attached as Annex I to the Decision No. 1 of the Free Trade Commission of the CUSMA, T-MEC, USMCA (“Agreement”) (“Decision No. 1”).  

Rules of Procedure and Code of Conduct

2. Article 10.12.14 (Review of Final Antidumping and Countervailing Duty Determinations) of the Agreement requires the Parties to adopt or maintain rules of procedure for binational panel reviews. The Commission adopts updated Rules of Procedure for Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations) in English.  These shall replace the rules of procedure attached as Annex II to Decision No. 1 and shall have force and effect in relation to all binational panel reviews under the Agreement commenced prior to or after the date of this Decision.  The Parties shall complete the Spanish and French versions as soon as practicable.

3. Annex 10-B.3.2 (Extraordinary Challenge Procedure) of the Agreement requires the Parties to adopt or maintain rules of procedure for extraordinary challenge committees. The Commission adopts the Rules of Procedure for Annex 10-B.3 (Extraordinary Challenge Procedure) in English. The Parties shall complete the Spanish and French versions as soon as practicable.

4. Article 10.13.6 (Safeguarding the Panel Review System) of the Agreement requires the Parties to adopt or maintain rules of procedure for special committee. The Commission adopts the Rules of Procedure for Article 10.13 (Safeguarding the Panel Review System) in English. The Parties shall complete the Spanish and French versions as soon as practicable.

5. The documents referred to in paragraphs 2, 3, and 4 of this Decision are attached to this Decision as Annex II.

6. In accordance with Article 30.2.1(e) (Functions of the Commission) of the Agreement, the Commission adopts the French and Spanish versions of the Rules of Procedure for Chapter 31 (Dispute Settlement) and Code of Conduct for Chapter 10 (Trade Remedies) and Chapter 31 (Dispute Settlement), attached to this Decision as Annex III.

Interpretation of Article 34.1.4 (Transitional Provision from NAFTA 1994) pursuant to Article 30.2.2(f) (Functions of the Commission)

7. Pursuant to Article 30.2.2(f) (Functions of the Commission) of the Agreement, the Commission adopts the following interpretation of Article 34.1.4 (Transitional Provision from NAFTA 1994) which provides that Chapter Nineteen of NAFTA 1994 shall continue to apply to binational panel reviews related to final determinations published by a Party before the entry into force of the Agreement:

Pursuant to Article 34.1.1 (Transitional Provision from NAFTA 1994) of the Agreement, just as Chapter Nineteen of NAFTA 1994 continues to apply to binational panel reviews under Article 34.1.4 and 34.1.5, the provisions of Article 1904.13 (Review of Final Antidumping and Countervailing Duty Determinations) and Article 1905 (Safeguarding the Panel Review System) of NAFTA 1994 also shall continue to apply with regard to final determinations published by a Party before the entry into force of the Agreement. The Parties may select committee members from a roster established under paragraph 1 of Annex 10-B.3 (Extraordinary Challenge Procedure) of the Agreement for the purposes of composing committees established pursuant to Article 1904.13 (Review of Final Antidumping and Countervailing Duty Determinations) and Article 1905 (Safeguarding the Panel Review System) of NAFTA 1994.  

8. This Decision and its Annexes are effective as of May 18, 2021.

DONE, in English, French, and Spanish.

For Canada:

For the United Mexican States:

For the United States of America: