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April 21, 2022
USMCA: Motor Vehicle Rules of Origin
The United States-Mexico-Canada Agreement (USMCA), 
North American auto production, because they may raise 
approved by Congress on January 16, 2020 (P.L. 116-113), 
production costs, resulting in higher vehicle prices, reduced 
entered into force on July 1, 2020. It replaced the 1994 
demand for motor vehicles, fewer auto exports, and 
North American Free Trade Agreement (NAFTA). 
incentivize more automation in motor vehicle production, 
Congress has an oversight role in its implementation and 
thereby reducing demand for workers. 
U.S. North American trade relations. A major issue 
Table 1. NAFTA and USMCA Motor Vehicle ROOs  
concerns the new rules of origin for the motor vehicle 
industry, which were relatively contentious in the USMCA 
NAFTA 
USMCA 
negotiations and debate surrounding its passage. 
Rules of origin (ROO) are the criteria used to determine the 
62.5% RVC 
75% RVC for passenger 
national origin of a product. Most free trade agreements 
vehicles, light trucks, certain 
have ROO provisions to determine which goods traded 
parts 
between member countries are eligible for preferential 
No labor value content rule 
LVC stating that 40%-45% of 
treatment. They generally seek to ensure that the benefits of 
(LVC) (no wage requirement)  qualifying vehicles be 
the agreement are granted to goods primarily produced by a 
produced by workers earning 
member country (and therefore subject to the entirety of its 
at least $16 per hour 
commitments) rather than to goods made wholly, or in large 
part, in other countries. Under USMCA, most goods that 
No steel and aluminum 
70% of a motor vehicle 
contain materials from non-USMCA countries may be 
requirement  
manufacturer’s steel and 
considered as North American (i.e., eligible for preferential 
aluminum purchases must 
treatment) if the materials are sufficiently transformed in 
originate in North America  
the region and the transformation results in a change in 
Source: CRS based on text of USMCA and NAFTA agreements.  
tariff classification (called a “tariff shift”). USMCA’s 
general rule is that the regional value content (RVC) is not 
The Congressional Budget Office (CBO) estimated that 
less than 60% if the “transaction-value” method is used, or 
USMCA’s stricter ROOs for motor vehicles and new wage 
not less than 50% if the “net-cost” method is used. 
requirements will result in a decline in duty-free imports of 
Producers generally have the option to choose which 
motor vehicles and parts into the United States. A portion 
method they use, with some exceptions, such as the motor 
of that decline would be replaced by domestic production, 
vehicle industry, which must use the net-cost method. 
while a portion would be replaced by imports subject to 
USMCA also has some product-specific rules for different 
duties. CBO estimates that U.S. importers of motor vehicle 
industries, which in some cases include additional 
and parts not meeting the higher ROO requirements will 
requirements, such as for textiles and apparel and motor 
pay approximately $3 billion in duties over the next decade. 
vehicles and motor vehicle parts.  
A 2019 USMCA study by the U.S. International Trade 
Motor Vehicle ROO 
Commission stated that the ROO changes would have the 
NAFTA phased out U.S. tariffs on motor vehicle imports 
most significant effects on the U.S. economy and the motor 
from Mexico and Mexican tariffs on U.S. and Canadian 
vehicle industry and could lead to price increases or vehicle 
products as long as they met the ROO requirements. 
consumption decrease in the United States. 
USMCA maintains these tariff eliminations, but tightens the 
ROO, as shown in Table 1. It also has a new provision to 
Auto manufacturers in Mexico are concerned that they may 
streamline certification requirements and other provisions.  
lose U.S. market share to auto imports from Asia. Even 
with these concerns, some motor vehicle producers support 
Possible Effects 
USMCA and say that complying with the new rules of 
During the negotiations, motor vehicle and parts 
origin may be challenging, but probably manageable. 
manufacturers generally supported retaining NAFTA ROO. 
Labor groups, however, sought to require a higher 
Entry into Force and Implementation 
percentage of regional content, which they believed would 
USMCA entered into force on July 1, 2020. To help 
reduce the share of parts produced outside the United 
importers adjust to the new rules under USMCA, U.S. 
States.  
Customs and Border Protection (CBP) established the 
USMCA Center to coordinate implementation of the trade 
Some economists contend that the higher RVC content 
agreement. CBP staff at the center organized outreach 
requirement may have unintended consequences. For 
events, developed information resources, and provided 
example, they state that it would be more cost efficient for 
technical guidance to public and private sector stakeholders. 
motor vehicle and parts manufacturers to pay the 2.5% U.S. 
MFN tariff rather than meet the extensive ROO 
requirements. They argue that the new rules pose a risk to 
https://crsreports.congress.gov 
USMCA: Motor Vehicle Rules of Origin 
USMCA provides a three-year transition period for the new 
Core Parts and Components for Determining Origin 
ROO. It also allows vehicle producers to request an 
alternative staging regime that would permit producers a 
Engine: Heads, blocks, crankshafts, crankcases, pistons, rods, 
longer transition period (five years) to implement the new 
head subassembly. 
rules of origin. The U.S. Trade Representative (USTR) 
Transmission: Transmission cases, torque converters and 
accepted petitions with a draft alternative staging plan from 
housings, gears and gear blanks, clutches, valve body assembly. 
April 21, 2020 to July 1, 2020. The plan may include 
Body and Chassis: Major body panels, secondary panels, 
investment or purchase commitments in the United States 
structural panels, frames. 
and North America to the U.S. Trade Representative 
(USTR). Companies with approved requests include Ford, 
Axle: Axle shafts, axle housings, axle hubs, carriers, 
Honda, Hyundai, Tesla, Toyota, and Volkswagen. 
differentials. 
Suspension System: Shock absorbers, struts, control arms, 
USMCA Dispute Resolution 
sway bars, knuckles, coil springs, leaf springs. 
USMCA dispute resolutions provisions are intended to 
Steering System: Steering columns, steering gears/racks, 
resolve disputes through consultation. The party or parties 
control units. 
alleging that another party is violating USMCA may request 
Advanced Batteries: Cells, modules/arrays, assembled 
consultations, defined as confidential discussions that include 
packs. 
good offices, conciliation, or mediation, and if no resolution is 
Source: Table A.2 in Annex 4-B, Chapter 4 of the USMCA. 
achieved, establishment of a dispute settlement panel. After a 
panel renders a decision, it prepares a report. If the findings 
determine that the responding party has violated USMCA 
The Mexican government argued that the United States is 
commitments, the parties must seek to resolve the dispute 
not recognizing flexibilities, such as the roll up provision 
within 45 days. If a resolution is not reached, then the 
that it contends were negotiated to help North American 
aggrieved party or parties may suspend certain agreement 
motor vehicle producers meet the RVC requirements. The 
benefits until the parties agree on a resolution. 
Canadian government stated that because consultations 
regarding the interpretation of the ROO failed to produce a 
resolution, Mexico and Canada moved to the next step of 
Motor Vehicle ROO Dispute 
the dispute resolution provisions of the agreement. On 
A major issue regarding USMCA’s motor vehicle ROO is 
January 6, 2022, Mexico requested a panel to resolve the 
whether non-originating material in core motor vehicle 
dispute, stating that the United States adopted an “incorrect 
interpretation” of the ROO. On January 13, Canada 
parts (e.g., engine heads and battery cells) deemed 
originating (100% North American content) should be 
announced that it was joining the dispute as a complaining 
included in the calculation of the regional value content 
party, stating that it shared Mexico’s view. A panel 
(RVC) in larger core parts (see below) or motor vehicles. 
reportedly is expected to reach a decision regarding the 
USTR’s interpretation of the so-called “roll up provision” is 
proper interpretation around September 2022. 
that the value of non-originating materials in core auto parts 
Issues for Congress 
should not be included in the larger RVC calculation in 
determining country of origin. In August 2021, the Mexican 
USMCA contains key changes in motor vehicle ROO from 
and Canadian governments, which argue that the total value 
NAFTA and other previous U.S. FTAs, as well as 
of core parts deemed originating (North American inputs 
congressional reporting requirements. USTR, in 
plus foreign inputs) should be counted, formally requested 
consultation with the Interagency Committee on Trade in 
consultations with the United States.  
Automotive Goods, established by the USMCA 
Implementation Act, is required to submit a biennial report 
to Congress on motor vehicle trade under the agreement (19 
U.S.C. §4532(g)(1)). The report is to include, among other 
things, a summary of how producers demonstrate 
compliance with the ROO, use of the alternative staging 
regime, and whether the ROO are effective. The first report 
is expected to be submitted to the House Ways and Means 
and Senate Finance Committees no later than July 1, 2022.  
Another potential issue for Congress is the revision to the 
electric vehicle tax credit included in the House-passed 
Build Back Better legislation (H.R. 5376). It would provide 
up to $12,500 in tax credits for the purchase of electric 
vehicles, including $4,500 if a vehicle is assembled at U.S. 
plants with unionized labor and an additional $500 if it has 
at least 50% U.S. content and battery cells. Canada and 
Mexico have stated that the credits are discriminatory and 
have threatened to file dispute settlement complaints if they 
are approved. 
https://crsreports.congress.gov 
USMCA: Motor Vehicle Rules of Origin 
As USMCA implementation moves forward, Congress may 
  How could the proposed electric vehicle tax credits be 
examine issues and consider oversight related to:  
formulated to meet USMCA commitments? 
  What is the impact of USMCA’s motor vehicle ROO on 
  Have there been implementation and/or compliance 
domestic producers and what are the implications of the 
issues with the LVC requirements? If so, what? 
current dispute over ROO interpretations? 
 
Liana Wong, Analyst in International Trade and Finance   
Are the ROO improving the competitiveness of the U.S. 
motor vehicle industry? 
M. Angeles Villarreal, Specialist in International Trade 
 
and Finance   
How have the new ROO impacted small and medium 
motor vehicle producers/suppliers? 
IF12082
 
 
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