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18 September 2025

USTR Seeks Comments On USMCA, Sets November Hearing Ahead Of 2026 Joint Review

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On September 16, 2025, the Office of the U.S. Trade Representative (USTR) released for public inspection a Federal Register notice outlining the process...
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On September 16, 2025, the Office of the U.S. Trade Representative (USTR) released for public inspection a Federal Register notice outlining the process for the public consultation on the U.S.-Mexico-Canada Agreement (USMCA). The USMCA provides that the United States, Canada, and Mexico will undertake a Joint Review of the operation of the agreement on the sixth anniversary of the date of entry into force of the Agreement, which will be July 1, 2026. The legislation that approved and implemented USMCA in the United States, the United States-Mexico-Canada Agreement Implementation Act (USMCA Implementation Act), requires that USTR provide an opportunity for the public to present views related to the operation of the USMCA, including a public hearing. The Federal Register notice sets out the following timeline for comments and a hearing:

  1. Public comments and requests to appear at a hearing are due 45 days after publication of the notice;
  2. The public hearing will be held November 17, 2025 (with an additional day if needed); and
  3. Post-hearing rebuttal comments are due seven days after the last day of the hearing.

USTR's notice specifically invites comments regarding:

  • Any aspect of the operation or implementation of the USMCA.
  • Any issues of compliance with the Agreement.
  • Recommendations for specific actions that USTR should propose ahead of the Joint Review to promote balanced trade, new market access, and alignment on economic security with Mexico and Canada.
  • Factors affecting the investment climate in North America and in the territories of each Party, as well as the effectiveness of the USMCA in promoting investment that strengthens U.S. competitiveness, productivity, and technological leadership.
  • Strategies for strengthening North American economic security and competitiveness including collaborative work under the Competitiveness Committee, and cooperation on issues related to non-market policies and practices of other countries.

As part of the USMCA's Joint Review, the United States, Canada, or Mexico may make recommendations for actions related to the USMCA, including potential revisions to the agreement. In addition, each party to the agreement must confirm in writing whether it wishes to extend the USMCA beyond an initial 16-year period. If any party fails to confirm its wish to extend, the three countries will continue to conduct reviews annually until the end of the 16-year period (July 1, 2036).

In addition to public consultations, the USMCA Implementation Act requires USTR to submit a report to Congress regarding its assessment, actions to be proposed at the review, and the position of the United States. It further requires USTR to report on the outcome of the Joint Review and brief the appropriate congressional committees.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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