Eight former Volkswagen factory workers who were union representatives will be reinstated with back pay, and one fired worker will receive severance pay, according to a remediation plan for Volkswagen de México, the largest auto manufacturing plant in Mexico, the Office of the U.S. Trade Representative announced July 30.
USMCA
The U.S.-Mexico-Canada agreement is a free trade agreement between the three countries, also known as CUSMA in Canada and T-MEC in Mexico. Replacing the North American Free Trade Agreement (NAFTA) in 2020, the agreement contains a unique sunset provision where, after six years (in 2026), any of the three parties may decide not to continue the agreement in its current form and begin a period of up to 10 years where USMCA provisions may be renegotiated.
Accelerated payment (AP) will become available for all USMCA drawback claims late next month, according to a July 26 CBP CSMS message. The agency will issue a confirmation after the required programming is deployed in ACE, CBP said.
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The Supreme Court's recent decision eliminating the standard of deferring to federal agencies' interpretation of ambiguous statutes (see 2406280051) "will likely result in more litigation in the already heavily litigated world of international trade," two ArentFox Schiff partners said in a client alert.
Vice President Kamala Harris, the likely Democratic presidential nominee, has said that former President Donald Trump's tariff policy was a "trade tax that has resulted in American families spending as much as $1.4 billion more on everything from shampoo to washing machines."
Republican presidential nominee Donald Trump, in a long acceptance speech at the Republican National Convention July 18, said Chinese companies are building large automobile factories in Mexico, and that "the United Auto Workers ought to be ashamed for allowing this to happen." He also said their leader "should be fired immediately, and every single autoworker, union and nonunion, should be voting for Donald Trump because we’re going to bring back car manufacturing, and we’re going to bring it back fast."
The Hyshield brand plant fertilizer produced by British Columbia-based Sipco Innovations ultimately should have China as its country of origin for marking purposes. However, the country of origin for the Hyshield product is Canada for Section 301 purposes, and it qualifies for preferential tariff treatment under USMCA, according to a May 8 ruling addressed to CBP’s Pharmaceuticals, Health and Chemicals Center of Excellence and Expertise in Newark, New Jersey, and recently released by CBP.
Dan Ujczo, senior counsel in Thompson Hine's trade practice, said he expects a second Biden or Trump administration to say it won't authorize USMCA to continue for another 16 years in 2026, when the trade pact is up for review.
The government of Mexico has asked the U.S. to exempt Mexican bifacial solar panels from a global safeguard tariff. Economy Secretary Raquel Buenrostro noted that USMCA, or T-MEC, as they call it in Mexico, has rules in this regard. The July 12 press release didn't spell it out, but safeguards are only to be applied to Mexico and Canada if their imports are integral to the injury to U.S. producers; the U.S. eventually reversed the solar panel safeguard on all Canadian panels (see 2207070041).
Canada's half-hearted attempts to comply with dairy tariff rate quotas and the refusal of the U.S. to comply with the auto rules of origin ruling are undermining the USMCA and could make its review more painful, panelists from Canada and Mexico said this week.