The Office of the United States Trade Representative (USTR) has initiated a public consultation process in preparation for the upcoming joint review of the United States–Mexico–Canada Agreement (USMCA), scheduled for July 1, 2026. This process is mandated by Article 34.7 of the USMCA and section 611 of the USMCA Implementation Act, which require a comprehensive evaluation of the agreement's operation and a determination by each party on whether to extend the agreement for an additional 16-year term.1
The USMCA, launched under the first Trump administration, was designed to modernize North American trade and promote fair and open markets.2 It governs a wide range of cross-border commerce, including goods, services, digital trade, and intellectual property. In 2024 alone, its rules applied to $650 billion in U.S. exports across North America.3
USMCA Review Framework
The USMCA's sunset clause requires a formal review six years after the agreement's entry into force to determine whether it should be extended. If all three countries agree, the agreement is automatically renewed for another 16 years. If not, annual reviews will be held until the agreement expires in 2036. The USTR is legally obligated to solicit public input and submit a report to Congress ahead of the review.
Written Comments and Hearing Participation
As part of this consultation, the USTR is soliciting written comments from interested parties on all aspects of the USMCA's operation. This includes implementation, compliance, and the effectiveness of the agreement in promoting North American competitiveness and economic security.1Specific areas of interest include the following1:
- USMCA Implementation & Compliance: Feedback on how the agreement is operating in practice, including any compliance issues.
- Trade & Economic Security: Recommendations to promote balanced trade, expand market access, and align economic-security goals with Mexico and Canada.
- Investment Climate: Insights on factors affecting investment across North America and how USMCA supports U.S. competitiveness, productivity, and innovation.
- Competitiveness & Collaboration: Strategies to strengthen North American economic security, including work under the Competitiveness Committee and responses to nonmarket practices by other countries.
Written comments must be submitted via the USTR online portal by 11:59 p.m. EST on November 3, 2025.1
In addition, the USTR will hold a public hearing on November 17, 2025, at the U.S. International Trade Commission in Washington, D.C. Requests to appear at the hearing, including a summary of proposed testimony, must be submitted by the November 3 deadline.1
Post-Hearing Rebuttal Comments
Following the hearing, parties may submit rebuttal comments within seven calendar days after the last day of the hearing. These comments should address or supplement testimony presented at the hearing.1
USMCA Review: Scope Still Unclear
The upcoming USMCA review—the first of its kind—could range from minor updates to full renegotiation. If expanded, U.S. priorities may include dairy access in Canada, energy reforms in Mexico, and long-standing trade concerns like softwood lumber and regulatory barriers.1Even nontrade issues like immigration and drug policy may be a part of the renegotiation.
Implications for Stakeholders
The joint review presents a critical opportunity for stakeholders to influence the future direction of the USMCA, including its potential extension and the evolution of North American trade policy. Businesses and organizations representing business interests are encouraged to identify themselves in their submissions to ensure their perspectives are considered.1Interested parties should review their interests in the USMCA and consider submitting comments or participating in the hearing to ensure their views are reflected in the USTR's recommendations for the joint review. For further information, parties should consult the official USTR notice and submission instructions available on the USTR portal.1
Conclusion
The USMCA joint review will significantly impact businesses across North America. As the consultation process begins, the Winston & Strawn LLP International Trade Group is ready to help clients develop strategies, submit comments, prepare for the hearing, and navigate the review process effectively.
Footnotes
1. Request for Public Comments and Notice of Public Hearing Relating to the Operation of the Agreement Between the United States of America, the United Mexican States, and Canada, USTR, https://www.govinfo.gov/content/pkg/FR-2025-09-17/pdf/2025-18010.pdf.
2. USMCA Fact Sheet: Modernizing NAFTA into a 21st Century Trade Agreement, USTR, https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/fact-sheets/modernizing.
3. United States Exports by Country, Trading Economics, https://tradingeconomics.com/united-states/exports-by-country.
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