US Code

Public Law 119-73 (01/23/2026)

19 U.S.C. § 4551

USMCA article impact in import relief cases under Trade Act of 1974

(a)

In general

19 U.S.C. 2251section 1330(d) of this titleIf, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974 [ et seq.], the International Trade Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of ), the International Trade Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether—
(1)
imports of the article from a USMCA country, considered individually, account for a substantial share of total imports; and
(2)
imports of the article from a USMCA country, considered individually or, in exceptional circumstances, imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, caused by imports.
(b)

Factors

(1)

Substantial import share

In determining whether imports from a USMCA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period.

(2)

Application of “contribute importantly” standard

In determining whether imports from a USMCA country or countries contribute importantly to the serious injury, or threat thereof, the International Trade Commission shall consider such factors as the change in the import share of the USMCA country or countries, and the level and change in the level of imports of such country or countries. In applying the preceding sentence, imports from a USMCA country or countries normally shall not be considered to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from such country or countries during the period in which an injurious increase in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.

(c)

“Contribute importantly” defined

section 4552(a) of this titleFor purposes of this section and , the term “contribute importantly” refers to an important cause, but not necessarily the most important cause.

Pub. L. 116–113, title III, § 301Pub. L. 103–182, title III, § 311107 Stat. 2106§ 301 of Pub. L. 116–113Pub. L. 116–113, title V, § 502(b)134 Stat. 70(, formerly , , ; renumbered and amended , , .)

Editorial Notes

References in Text

Pub. L. 93–61888 Stat. 1978section 2101 of this titleThe Trade Act of 1974, referred to in subsec. (a), is , , . Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see and Tables.

Codification

section 3371 of this titlePub. L. 116–113Section was formerly classified to prior to renumbering by .

Amendments

Pub. L. 116–113, § 502(b)(4)(A)2020—, (C), substituted “USMCA” for “NAFTA” in section catchline and wherever appearing in text.

Pub. L. 116–113, § 502(b)(4)(B)section 4552(a) of this titlesection 3372(a) of this titleSubsec. (c). , substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113, title V, § 502(e)134 Stat. 70

“(1)

In general .—

section 4552 of this titleEach transfer, redesignation, and amendment made by this section [transferring sections 3371 and 3372 of this title, respectively, to and amending this section and ] shall—
“(A)
take effect on the date on which the USMCA enters into force []; and
“(B)
19 U.S.C. 2251 apply with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 ( et seq.) initiated on or after that date.
“(2)

Transition from nafta .—

In the case of an investigation under chapter 1 of title II of the Trade Act of 1974 initiated before the date on which the USMCA enters into force—
“(A)
the transfers, redesignations, and amendments made by this section shall not apply with respect to the investigation; and
“(B)
19 U.S.C. 3371 sections 311 and 312 of the North American Free Trade Agreement Implementation Act ( and 3372), as in effect on the day before that date, shall continue to apply on and after that date with respect to the investigation.”
, , , provided that:

section 502(e) of Pub. L. 116–113section 4502 of this title[For definition of “USMCA” as used in , set out above, see .]