The Office of the US Trade Representative Requests Public Comments on USMCA

The Office of the US Trade Representative is accepting public comments on the United States-Mexico-Canada Agreement (USMCA) prior to the joint review scheduled for July 1, 2026. The renegotiation or termination of USMCA may have tariff implications for importers of goods and services from Canada or Mexico. The public comment period ends on November 3, 2025.

On September 17, 2025 and as directed by the US Congress, the Office of the US Trade Representative (USTR) issued a Federal Register notice requesting public comments on the operation of the USMCA, in preparation for the joint review process among the Parties that will occur next year. Specifically, USTR is seeking comments from interested parties on (1) the operation or implementation of the USMCA, (2) compliance with the USMCA, (3) actions to be proposed prior to the joint review, (4) the impact and effectiveness of the USMCA, and (5) strategies to strengthen North American economic security and competitiveness. Canada and Mexico have similarly opened public comment processes. [1]

Background on USMCA

The United States-Mexico-Canada Agreement took effect on July 1, 2020 and replaced the 1994 North American Free Trade Agreement (NAFTA), a trilateral agreement that liberalized trade in North America by gradually eliminating tariff and nontariff barriers on goods and services produced and traded within North America. While retaining most of NAFTA’s provisions, USMCA made significant changes to market access provisions for the automotive and dairy industries; rules on investment, government procurement, and intellectual property rights; and provisions regarding labor and the environment. Furthermore, USMCA added provisions on topics including digital trade and the joint review process. [2]

USMCA has become especially important to cross-border trade in light of its exemption to the so-called “trafficking tariffs” imposed by the United States on Canada and Mexico. Although goods from Canada and Mexico are not subject to the global reciprocal tariffs imposed on imports from most countries in April 2025, they have been subject to additional tariffs to counter the declared national emergency of cross-border fentanyl trafficking since February 2025. As of September 26, 2025, goods from Canada are subject to 35% of trafficking tariffs, [3] and goods from Mexico, 25%. Despite these tariffs, USMCA-compliant goods continue to receive preferential treatment and may be imported into the United States free of both “most favored nation” (MFN) duties and the trafficking tariffs. [4]

JOINT REVIEW PROCESS UNDER THE USMCA

Whether USMCA-compliant goods will continue to receive such preferential treatment will hinge upon the outcome of three countries’ joint review of the USMCA, scheduled for July 1, 2026. USMCA provides that all three countries engage in a joint review process and confirm whether they will agree to extend the USMCA. Without the countries’ agreement to extend, USMCA will terminate in 2036, along with its preferential duty provisions.

REQUEST FOR PUBLIC COMMENTS

As noted above, businesses that may be impacted by the renegotiation or termination of the USMCA will have an opportunity to provide comments to USTR to be considered as it prepares for the joint review process.

If interested, businesses can submit written comments and/or requests to appear at a hearing by November 3, 2025 using the electronic portal. Public comments should be submitted using the docket titled Request for Comments on the Operation of the Agreement between the United States of America, the United Mexican States, and Canada, docket number USTR-2025-0004. Requests to appear at the hearing, and a summary of the testimony to be provided, should be submitted using the separate docket titled Request to Appear at the Hearing on the Operation of the Agreement between the United States of America, the United Mexican States, and Canada, docket number USTR-2025-0005.

The hearing will be held on November 17, 2025—with an option to continue to the next day—in the main hearing room of the US International Trade Commission, 500 E Street SW, Washington, DC 20436, beginning at 10 am ET. Seven days after the last day of the public hearing, businesses will be able to submit post-hearing rebuttal comments.

After the public comment period, the USTR will report to the US Congress on issues that the United States should address in the joint review. [5]

KEY IMPLICATIONS & HOW WE CAN HELP

Importers that may be impacted by the upcoming joint review and any possible renegotiation of the USMCA are encouraged to submit comments. Our team stands ready to assist importers participating in the public comment process.

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