Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

April 2, 2019

USMCA vs. NAFTA: What You Need to Know

The United States-Mexico-Canada Agreement (USMCA) is a signed but not yet ratified free-trade agreement meant to supersede the North American Free Trade Agreement (NAFTA). Many of the subject areas governed by NAFTA remain unchanged in what some are dubbing “NAFTA 2.0,” including temporary-entrance visa availability and requirements, steel and aluminum tariffs grounded in national security concerns, and the state-to-state dispute mechanism.

There are, however, a few significant differences between the two agreements to be aware of. The following are some of the changes that will occur under the USMCA:

  • Increased country of origin requirements: To qualify for zero tariffs, passenger vehicles will need to carry 75 percent North-American content, a substantial increase from the 62.5 percent required in NAFTA.
  • Enhanced labor protections: By 2023, 40 to 45 percent of automobile content must be made by workers who earn at least $16 an hour.
  • Canadian dairy-market access: Canada will provide access to its dairy-market equivalent to approximately 3.5 percent of the market.
  • Lengthened intellectual property protection: The terms of copyright will be extended from 50 years beyond the life of the author to 70 years.
  • Increased de minimis shipment value: Canada will raise its de minimis shipment value level from $20 to $40 CAD for taxes, providing for duty-free shipments of up to $150 CAD.
  • Review clause: The USMCA includes a 16-year expiration date and a provision that requires a review of the deal every six years.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

Petition for Rehearing Denied by Second Circuit for New York City and State Bans on Gas Appliances in New Buildings

Alerts

NDNY Strikes Down NYS Climate Superfund Law

Alerts

NYS Department of Public Service Staff Recommend Discontinuance of the Community Choice Aggregation Program

Alerts

President Trump Declares National Emergency to Secure the Nation's Bulk Power System

Alerts

New York State Public Service Commission Revises Standardized Interconnection Requirements for Distributed Energy Resources

Alerts

Legacy Article VII Transmission Certificates Move Into the Article VIII Framework