Executive Order 13908 · Signed Feb 28, 2020

85 FR 12983 · Published Mar 6, 2020 · Effective on signing

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Establishment of the Interagency Committee on Trade in Automotive Goods Under Section 202A of the United States Mexico Canada Agreement Implementation Act

trade policyautomotive industryUSMCArules of origininteragency coordination

Signed by President Donald Trump

The order establishes the Interagency Committee on Trade in Automotive Goods to advise on implementation and enforcement of USMCA provisions covering automotive products, including rules of origin and alternative staging regimes.

It also directs three federal agencies to issue the regulations needed to put those USMCA automotive provisions into effect, making this both an advisory body creation and a rulemaking trigger.

What this order does

What it orders

The order creates the Interagency Committee on Trade in Automotive Goods, chaired by the U.S. Trade Representative, with membership drawn from the Departments of Commerce, Labor, and Treasury, the U.S. International Trade Commission, and U.S. Customs and Border Protection. The committee is tasked with advising on USMCA automotive provisions — including rules of origin and alternative staging regimes — and reviewing their economic effects on U.S. workers, consumers, and industry, as well as the impact of new technology on those rules. Decision-making proceeds by consensus, with majority vote as a fallback.

Separately, the order directs the Secretary of the Treasury, the Secretary of Labor, and the Commissioner of CBP to issue regulations and other measures necessary to implement section 202A of the USMCA Implementation Act. No deadline is set for those regulations. Standard severability and non-enforceable-rights provisions apply.

Who it affects

Senior officials from the Departments of Commerce, Labor, and Treasury, the USTR, USITC, and CBP, who must staff and operate the new committee. U.S. automakers, parts suppliers, and importers subject to USMCA automotive rules of origin are the downstream private-sector audience for the committee's work.

Why it matters

Automotive rules of origin under USMCA determine how much of a vehicle must be made in North America to qualify for tariff-free treatment. The committee will shape how those rules are interpreted and enforced, directly affecting costs for automakers, suppliers, and ultimately vehicle prices for consumers.

What must happen and when

How the order is supposed to work

The USTR chairs the committee and controls its agenda, including the power to break tie votes and to invite additional agency observers. The committee operates by consensus; if consensus fails and delay would harm implementation, the chair can force a majority vote. On the regulatory side, Treasury, Labor, and CBP must coordinate with the USTR — and with each other — to produce the implementing regulations for section 202A, though no deadline is specified. Each agency funds its own participation.

Actions and deadlines

  • Issue regulations and other measures necessary to implement section 202A of the USMCA Implementation ActNo deadline specified

Agencies directed to act

Office of the United States Trade RepresentativeDepartment of CommerceDepartment of LaborDepartment of the TreasuryUnited States International Trade CommissionU.S. Customs and Border Protection

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

3 U.S.C. § 301

Allows the President to delegate functions to officers of the United States.

Section 202A of the USMCA Implementation Act

Statutory provision governing automotive rules of origin under the U.S.-Mexico-Canada Agreement.

Executive Order

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Executive Order 13908: Establishment of the Interagency Committee on Trade in Automotive Goods Under Section 202A of the United States Mexico Canada Agreement Implementation Act | EO Reporter