Supply Chain Agreements and USMCA: Rules of Origin Requirements, Labor Enforcement, De Minimis Levels, Sunset Clause

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Thursday, December 17, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide counsel with guidance on revising supply chain agreements to comply with the United States-Mexico-Canada Agreement (USMCA), which went into effect July 1, 2020. In addition to reforming provisions related to the rules of origin, labor enforcement, de minimis levels, and creating a sunset clause, the new trade agreement has several industry-specific provisions that must be complied with to ensure the delivery of goods.
Faculty

Mr. Glick is co-chair of the International Trade and Customs Specialty Team. He has extensive experience in the areas of international trade and customs law. Mr. Glick has recently written a book entitled “United States Mexico Canada Agreement (USMCA) Legal and Business Implications” (Kluwer Law, Nov 2020) handled major international trade cases before the U.S. International Trade Commission, the U.S. Department of Commerce, the Office of the U.S. Trade Representative, and the Court of International Trade, including numerous antidumping and countervailing duty cases, and unfair trade practice investigations under section 232 (national security) and 337 (intellectual property) of the trade laws. In addition, Mr. Glick has handled cases arising under the U.S. Customs laws involving classification, valuation, country of origin marking and customs fraud, and gray market and supply chain security issues (Customs Trade Partnership Against Terrorism).

Mr. Lopez is the Counsel for International Trade at the Mexican Embassy in Washington, D.C. Previously, he served as Deputy Legal Counsel for International Trade at the Ministry of Economy in Mexico City. For over ten years Mr. Lopez has appeared as counsel for the Government of Mexico in investment treaty arbitrations under the NAFTA and Bilateral Investment Treaties (BIT) signed by Mexico. He has also counseled Mexico in the negotiation of BITs and Free Trade Agreements, like the Transpacific Partnership (TPP) and the USMCA where he provided legal advice in the negotiation of the investment and government procurement chapters, and other disciplines like energy.
Description
This year, the USMCA went into effect, replacing the North American Free Trade Agreement (NAFTA). This new free trade agreement makes several changes to the rules related to multiple moving parts of the U.S., Canadian, and Mexican economies. The changes also address e-commerce and digital trade, which NAFTA failed to address.
With changes to what qualifies as duty-free, counsel must consider addressing these issues in supply chain agreements. The USMCA requires that attorneys consider the duty preference claim process and qualifications.
Listen as our authoritative panel discusses the new USMCA and how counsel will need to address NAFTA revisions in supply chain agreements. The panel will also address what the new trade policy means for companies and their counsel and the changes for companies to ensure USMCA compliance.
Outline
- Revising supply chain agreements to address USMCA
- Rules of origin requirements
- Background supporting the NAFTA preference override
- Impact of the elimination of the NAFTA preference override in the USMCA
- Labor enforcement
- De minimis levels
- Sunset clause
- Nonmarket country
- Rules of origin requirements
- Industry specific requirements
- Digital trade
- E-commerce
- Intellectual property rights
- Investor-state dispute settlement
- Automotive industry
Benefits
The panel will review these and other topics:
- What are the significant differences between NAFTA and the USMCA?
- How does the USMCA address e-commerce and digital trade?
- What must be included in automotive contracts to comply with the USMCA?
- What are best practices for revising supply chain agreements to comply with the USMCA?
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