News & Analysis as of

United States-Mexico-Canada Agreement (USMCA) Canada

ArentFox Schiff

As the (Customs and Trade) World Turns: September 2024

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Welcome to the September 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Bennett Jones LLP

Canada Seeks Business Input on CUSMA Ahead of 2026 Joint Review

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On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with...more

Foley & Lardner LLP

Chinese Mobility in the USMCA Region: A Choking Process that will Upend the U.S. and Mexican Automotive Industries

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The United States-Mexico-Canada Agreement (USMCA) automotive sector must be prepared to navigate a new set of requirements that will likely reshape supply chains, impact costs, and alter the competitive dynamics within the...more

Smart & Biggar

Proposed regulations for Canada’s new Patent Term Adjustment (PTA) system: few patents will qualify for PTA

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As explained in our previous article, Canada will soon be implementing a patent term adjustment (PTA) system to account for unreasonable delays by the Patent Office in issuing a patent. The necessary amendments to the Patent...more

Kelley Drye & Warren LLP

Mexico prevails in first USMCA RRM panel decision: What happened and what could happen next?

U.S. loses first RRM case heard by a panel. But how did the panel reach this conclusion? What could happen next in this case? And what does this mean for future cases and for the RRM? For a refresher on the RRM, check out my...more

Smart & Biggar

Federal Court of Appeal dismisses appeal of SPRAVATO “innovative drug” decision

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On November 10, 2021, the Minister of Health refused to reassess its decision that Janssen’s esketamine hydrochloride product (SPRAVATO) was not an “innovative drug” and therefore not entitled to data protection. As...more

Lippes Mathias LLP

Understanding the E-1 Treaty Trader Visa for Canadian Companies in the U.S.

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The E-1 Treaty Trader visa permits executives, managers, supervisors, and essential employees of non-U.S. companies that engage in substantial trade between the U.S. and a treaty country to obtain work permits valid for five...more

Smart & Biggar

2023 Highlights in Canadian Life Sciences IP and Regulatory Law

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Eli Lilly v Teva, Pharmascience, Riva, Apotex, Mylan (tadalafil, CIALIS) – Following a summary trial, Lilly’s infringement actions were dismissed: composition claims directed to “a physiologically acceptable salt” of...more

White & Case LLP

Preparing for Canada’s New Anti-Forced Labour Supply Chain Law

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Canada’s new anti-forced labour legislation, the Forced and Child Labour in Supply Chains Act, will come into effect in January 2024, with due diligence reporting requirements starting on May 31, 2024....more

White & Case LLP

United States request USMCA panel against Mexico's measures on Genetically Modified Corn

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The United States has requested the establishment of a bilateral dispute settlement panel under the United States – Mexico – Canada Agreement (USMCA) against Mexico's Presidential Decree of February 13, 2023,2 establishing a...more

Kelley Drye & Warren LLP

USITC Releases First Biennial Report on Economic Impact and Operation of USMCA Automotive Rules of Origin

On June 30, 2023, the U.S. International Trade Commission (ITC) released its first report on the economic impact of the United States-Mexico-Canada (USMCA) automotive rules of origin. Rules of origin (ROOs) are used to...more

Torres Trade Law, PLLC

USMCA – Acronym for U.S.-Mexico Corn Argument?

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From tariffs on dairy and solar products to rules of origin for automobiles, the three parties to the United States-Mexico-Canada Agreement (“USMCA”) have disagreed on a variety of issues since the agreement came into force...more

King & Spalding

Canadian Parliament Passes Bill to Mandate Reporting on Forced and Child Labor in Supply Chains

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Soon to be law, the bill will require many foreign companies doing business in Canada to report annually; first reports will be due May 31, 2024 - On May 3, 2023, Canada’s Parliament passed Bill S-211, An Act to enact the...more

ArentFox Schiff

Canada Passes Legislation on Forced Labor and Supply Chain Due Diligence

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This law requires many companies that do business in Canada to provide public annual reports on their efforts to eliminate the use of forced labor in their supply chains. Our summary of Canada’s legislation, including the...more

Smart & Biggar

A first look at Canada’s proposed patent term adjustment system

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Bill C-47, entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” had its first reading in the House of Commons on April 20, 2023. This omnibus bill includes proposed...more

Torres Trade Law, PLLC

Update on USMCA Dispute Panel Activity

The United States-Mexico-Canada-Agreement (“USMCA” or the “Agreement”) was formed to promote growth in North American trade in a way that is beneficial to each of the state parties to the Agreement. However, as with any...more

ArentFox Schiff

Canada and Mexico Take Steps to Eliminate Forced Labor From Supply Chains

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In 2020, leaders of Canada, the United States, and Mexico signed the United States Mexico Canada Agreement (USMCA) which, for the first time in a US free trade agreement, includes a ban on imports of products produced using...more

Bennett Jones LLP

U.S. Steel And Aluminium Tariffs Ruled WTO-Inconsistent But U.S. Refuses To Remove The Measures Citing National Security Concerns

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U.S. import tariffs of 25 percent on steel and 10 percent on aluminium imposed in 2018 on products from most countries, including Canada (until Canada negotiated their withdrawal in the context of the United...more

Clark Hill PLC

The United States Loses Dispute with Canada and Mexico on the Interpretation of the Automotive Rules of Origin Under the USMCA

Clark Hill PLC on

A five-member arbitral panel (“Panel”) issued its Final Report on the dispute over the interpretation of the automotive rules of origin under the United States-Mexico-Canada Agreement (“USMCA”), marking a win for Canada and...more

ArentFox Schiff

Long Awaited USMCA Panel Decision on Automotive “Core Parts” – What Happened and What’s Next

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On January 11, 2023, a dispute settlement panel organized under the United States – Mexico – Canada Agreement (USMCA) released its Final Report in regard to a complaint lodged by Mexico and supported by Canada that the US was...more

White & Case LLP

NAFTA’s Sunset Period Will End in June 2023 and Claims Must Be Notified Earlier, in Some Cases by Year-End 2022 – NAFTA Investors...

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State conduct may adversely affect foreign investors and their investments.  Investors protected under international investment treaties may bring arbitration proceedings against States in those cases, seeking financial...more

Stikeman Elliott LLP

Patent Rules Amendments In Force as of October 3, 2022, Reflecting Canada’s Commitments Under CUSMA

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On October 3, 2022, the majority of the amendments introduced by the Rules Amending the Patent Rules on June 2, 2022, came into force and effect. The amendments aim to streamline the patent examination process and bring...more

Wiley Rein LLP

[Podcast] USMCA in Review, with C.J. Mahoney, Former Deputy U.S. Trade Representative

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On the second anniversary of the enactment of the United States-Mexico-Canada Agreement (USMCA), Wiley partner Robert DeFrancesco is joined by C.J. Mahoney, former Deputy U.S. Trade Representative, to look back on the...more

Dickinson Wright

US and Canada Request USMCA Dispute Settlement Consultations Over Mexico’s Energy Policies

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Introduction - On July 20, 2022, the United States (“US”) and Canada requested dispute settlement consultations with Mexico under Article 31.4 of the United States-Mexico-Canada Agreement (“USMCA”). The US and Canada’s...more

Sheppard Mullin Richter & Hampton LLP

Does the USMCA Mean What It Says? The Disputes Panel Hearing on the Auto Core Parts Rules of Origin

This week saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada...more

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