U.S. Trade Representative initiates public consultation for USMCA six-year review

On September 16, the Office of the United States Trade Representative (USTR) officially initiated the public process for the first six-year review of the United States-Mexico-Canada Agreement (USMCA). This public process provides a critical opportunity for stakeholders across industries to provide input on the operation, effectiveness, and future direction of the USMCA, which governs nearly $1.3 trillion in annual trade among the three North American nations.

Background

The USMCA, which replaced the North American Free Trade Agreement (NAFTA), entered into force on July 1, 2020. A key feature of the USMCA is the mandatory review mechanism established under Article 34.7, requiring member countries to jointly review the operation and performance of the agreement every six years. The first review will take place on July 1, 2026. The U.S., Canada, and Mexico must submit recommendations for the Joint Review no later than June 1, 2026.

The Public Review Process

The USMCA Implementation Act requires timely congressional reporting and public notification of review-related activities. More specifically, the Implementation Act requires USTR to open a public comment period and hold a public hearing to provide stakeholders with the opportunity to present their views relating to the operation of the USMCA. Today's announcement by USTR formally kicks off this required process. Input from these stakeholders will inform the U.S. government's approach to the upcoming formal review with Canada and Mexico.

USTR's notice invites comments on a host of issues related to the functioning of the USMCA since its entry into force on July 1, 2020. These include:

• operation or implementation of the pact;
• compliance with the agreement;
• "[r]ecommendations 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";
• "[f]actors affecting the investment climate in North America … , as well as the effectiveness of the USMCA in promoting investment that strengthens U.S. competitiveness, productivity, and technological leadership";
• "[s]trategies for strengthening North American economic security and competitiveness"; and
• "cooperation on issues related to non-market policies and practices of other countries."

The public comment period will open on September 17 and close on November 1.

In addition to providing stakeholders with an opportunity to provide written comments, USTR will also hold a public hearing beginning November 17 at the International Trade Commission in Washington, D.C. USTR indicated that the hearing will continue the next business day if necessary. Stakeholders interested in testifying at the public hearing must submit a request to appear and a summary of the proposed testimony by November 1.

Action Steps

The six-year USMCA review is not only an opportunity to enhance North American economic integration but also a moment to address persistent or emerging issues. Companies and organizations that depend on North American supply chains, cross-border data flows, or regulatory alignment should view this process as a chance to proactively shape the agreement's future. At the same time, failure to participate could result in missed opportunities or the advancement of policies that may not reflect the realities or needs of specific sectors.

Stakeholders with interests in North American trade may review their organization's experience with the USMCA since its implementation and consider engaging in the public process — whether individually and/or through trade associations or coalitions — to ensure their priorities are well represented. Stakeholders should consider identifying any barriers, successes, or areas where the agreement has fallen short or exceeded expectations and collect data and case studies to support written comments or testimony.

Looking Ahead

The USTR's launch of the USMCA review public process marks the beginning of a pivotal period for North American trade policy. Active and informed participation by all stakeholders will be essential to ensure that the agreement continues to promote economic growth, innovation, and shared prosperity across the United States, Mexico, and Canada.

Additional updates will be provided as the process unfolds. For more information or assistance with preparing comments for submission, please contact WCEY.

The USTR request for comments and notice of public hearing is available here.