Chapter 19 of NAFTA was a negotiating mechanism that subjects anti-dumping and countervailing (AD/CVD) findings to a binational panel review, or in addition to a conventional judicial review. [58] For example, in the United States, review of decisions of authorities imposing anti-dumping and countervailing duties is normally heard by the U.S. Court of International Trade, an Article III jurisdiction. However, NAFTA parties have had the opportunity to challenge the decisions in binational bodies composed of five citizens of the two NAFTA countries. [58] Participants in the debate were generally lawyers with experience in international trade law. Since NAFTA did not contain substantive provisions regarding AD/CVD, the panel was tasked with determining whether the administration`s final findings regarding AD/CVD were consistent with the country`s domestic law. Chapter 19 was an anomaly in the international settlement of disputes, as it did not apply international law, but needed a body composed of individuals from many countries to verify the application of a country`s national law. [Citation required] Second, NAFTA removed many tariffs on imports and exports between the three countries. NAFTA created specific rules to regulate trade in agricultural products, automobiles and clothing. During the election campaign, President Donald Trump promised to repeal NAFTA and other trade agreements that he considered unfair to the United States.
On August 27, 2018, he announced a new trade agreement with Mexico to replace him. The U.S.-Mexico trade agreement, as it has been called, would maintain duty-free access for agricultural products on both sides of the border and eliminate non-tariff barriers, while encouraging more agricultural trade between Mexico and the United States and effectively replacing NAFTA. NAFTA allows your company to ship qualified goods duty-free to customers in Canada and Mexico. Goods can qualify in different ways under NAFTA rules of origin. This may be because the goods are wholly obtained or manufactured in a NAFTA contracting party or because, in accordance with the rule of origin of the good, sufficient work and equipment is required to make the product what it is when it is exported. • Supporting a twenty-first century economy by protecting U.S. intellectual property and ensuring opportunities for U.S. trade in services.
A fourth roundtable included a U.S. request for a sunset clause that would terminate the agreement in five years, unless the three countries agreed to maintain it, a U.S. provision.