ARTICLE
14 July 2026

USMCA Joint Review Triggers Annual Reviews But Does Not Alter Current Trade Benefits

GT
Greenberg Traurig, LLP

Contributor

Greenberg Traurig, LLP has more than 3,100 lawyers across 51 locations in the United States, Europe, the Middle East, Latin America, and Asia. The firm’s broad geographic and practice range enables the delivery of innovative and strategic legal services across borders and industries. Recognized as a 2025 BTI “Best of the Best Recommended Law Firm” by general counsel for trust and relationship management, Greenberg Traurig is consistently ranked among the top firms on the Am Law Global 100, NLJ 500, and Law360 400. Greenberg Traurig is also known for its philanthropic giving, culture, innovation, and pro bono work. Web: www.gtlaw.com.

The United States has declined to extend the USMCA in its current form during the agreement's mandatory six-year review, triggering an annual negotiation process that will continue through 2036. While the agreement remains in force with all preferential tariff treatments and trade mechanisms intact, the decision introduces significant uncertainty for companies that have structured supply chains and investments around stable North American trade rules.
United States International Law

What Happened

On July 1, 2026, the United States announced it would not support extension of the United States-Mexico-Canada Agreement (USMCA) in its current form during the agreement’s first mandatory six-year joint review. U.S. Trade Representative Jamieson Greer stated that the Administration intends to continue negotiations with Mexico and Canada to address the agreement and bilateral trade deficits. Government representatives of all three countries confirmed that USMCA remains in force pending further negotiations or termination.

What Has Not Changed

The agreement’s preferential tariff treatment, rules of origin, certification procedures, customs benefits, and dispute settlement mechanisms remain unchanged. Businesses may continue to claim USMCA preferential treatment, submit certifications of origin, and rely on existing regional value content and tariff-shift analyses, provided that applicable origin and recordkeeping requirements continue to be met.

What the Decision Triggers

The U.S. decision not to confirm extension activates the annual review mechanism under Article 34.7.4, creating a framework for continued negotiations through July 1, 2036 – the agreement’s current term – unless the parties agree to an extension sooner or the agreement is otherwise terminated in accordance with its terms.

This is distinct from withdrawal, which is governed separately by Article 34.6 of the USMCA and requires written notice taking effect six months after delivery. The United States has not issued a withdrawal notice.

Supply Chains

For U.S. and Mexico importers and exporters, there is no immediate loss of preferential duty treatment on either side of the border. The more significant consideration is longer-term uncertainty for companies that have structured supply chains, sourcing strategies, and investments around stable North American trade rules.

Areas that may receive particular attention in future negotiations include:

  • Rules of Origin: Potential for additional regional value content requirements, tighter tariff-shift rules, and enhanced documentary requirements, particularly in strategic sectors.
  • Automotive Manufacturing: North American sourcing requirements, including for batteries, steel, aluminum, and critical components.
  • Non-North American Inputs: Treatment of Chinese and other non-regional inputs in goods claiming USMCA benefits, including concerns about transshipment and circumvention.
  • Labor and Enforcement: Possible additional labor commitments or stronger enforcement mechanisms.
  • Strategic Industries: Steel, aluminum, critical minerals, semiconductors, medical devices, energy, and advanced manufacturing.
  • Parallel U.S. Trade Measures: The continued validity of USMCA does not, by itself, preclude the United States from invoking domestic trade authorities, including Section 232, Section 301, or other statutory mechanisms.

Industries with potentially notable exposure include automotive and parts, electronics and semiconductors, medical devices, machinery and industrial equipment, steel and aluminum products, and advanced manufacturing sectors with significant foreign investment.

Looking Ahead

The annual review process may prove to be the beginning of an extended renegotiation of key elements of North American trade policy. Companies whose sourcing, manufacturing, and investment strategies depend on current USMCA rules may wish to reassess origin compliance, evaluate exposure to non-North American inputs, and monitor negotiating developments as annual reviews proceed.

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.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More