The future of the USMCA

What’s next for US trade relations with Canada and Mexico?

President Donald Trump’s trade actions in his second term have upended provisions in the United States-Mexico-Canada trade agreement (USMCA), signed into law in 2020, the last year of Trump’s first term in office. Still, USMCA’s complex terms governing a variety of issues remain in the pact, despite Trump’s threats and the imposition of tariffs on Canada and Mexico, leaving the future of relations with two of the most important US trading partners uncertain.

This guide explains why the USMCA nevertheless remains at the core of the three countries’ relationship, what’s at stake in many different aspects of their interdependence, and possible paths forward for negotiators to resolve. This page will be updated as the trade deal is subjected to new conflicts and possible adjustments in the months ahead.

Editor's note: For the most up-to-date PIIE analysis on the USCMA, visit this page. Links to relevant recent research are also included below.

Where do events stand at the Start of the Trump Administration?

When President Trump capped his first term in the White House by replacing the much-criticized NAFTA (North American Free Trade Agreement) with the USMCA in 2020, he hailed the new deal as “a truly fair and reciprocal trade deal that will keep jobs, wealth and growth right here in America.” In the first weeks in office of his second term, he took a different turn, threatening or imposing tariffs at a rate of 25 percent on many US imports from Canada and Mexico as he accused them of failing to stop the flow of illicit fentanyl and unauthorized migrants across their respective borders with the US. Canada and Mexico have insisted that they want to cooperate with the Trump administration on immigration and drugs to try to avert a trade crisis. In addition, tariffs on steel and aluminum and on some automobiles and auto parts have been imposed. The disputes remain ongoing (see this timeline for the latest updates).

In the background of this discord, the USMCA governs many different aspects of the three countries’ relationship—from agriculture and digital services trade to rules protecting investments. The pact’s provisions could be revised by all three North American partners because it calls for a review of its performance by July 2026. As often happens with economic agreements, old and new issues have accumulated that will have to be addressed, including tariff rates and rules of origin. Worth noting is that new tariffs imposed by the US before the renegotiation of the USMCA violate its letter and spirit.

Possible Scenarios in Trump’s approach to Mexico and Canada

The following scenarios illustrate generally what kind of outcomes could be expected following certain actions, with varying adverse effects on Canada and Mexico and the prospects for renewing the USMCA.

First, the US could withdraw from the USMCA and impose the threatened 10 to 20 percent tariff on Mexico and Canada, if those partners refuse to make numerous concessions demanded by Trump. These tariffs could come on top of any new tariffs imposed on all other trading partners, including those with which the US has negotiated free trade agreements, such as national security tariffs under Section 232 of the Trade Act of 1962.

Should such an approach be adopted, it might shift part of the bilateral US-Mexico goods and services trade deficit (roughly $190 billion in 2025) to other trading partners and similarly shift the US-Canada trade deficit (around $27 billion) to other countries, with little effect on the aggregate US trade deficit.

Second, if Trump abandons his proposal to impose a 10 to 20 percent global tariff on all trading partners, he might instead insist on some sort of bilateral trade balance provision in the USMCA review. For example, if Mexico’s bilateral surplus exceeds $190 billion over a rolling four-quarter period, Mexico might be obligated to find ways of stimulating imports from the US, preferably via measures to liberalize imports in protected sectors (e.g., energy and agriculture) or targeted fiscal expansion (e.g., a reduction in value added taxes on imports). Similar provisions might be applied to Canada.

Third, as a less intrusive version of the second scenario, Trump might insist on raising the US “most favored nation” or MFN tariff on autos that obligates the US to grant to any World Trade Organization (WTO) member the same tariff it imposes on others. That rate is currently 2.5 percent. If the MFN tariff is significantly raised, that might encourage auto firms with plants in Mexico and Canada to observe new USMCA rules of origin, rather than simply pay the current low MFN tariff on exports to the US market. Trump has mentioned the addition of 50 percent US content rule to the existing 75 percent North American content rule.

In a recent statement, the United Auto Workers (UAW) applauded the US auto tariffs. Moreover, in a January 2024 submission to the United States Trade Representative (USTR) UAW called for a raise in the US MFN tariff on most autos and parts to10 percent (subject to duty drawback on round-trip trade in autos and parts), buttressed by a 100 percent tariff on EV imports. This approach would, of course, create trade friction with the European Union and Japan—major auto exporters that do not have FTAs with the US. But for that reason, neither Mexico nor Canada would much object, assuming they continued to enjoy tariff-free entry to the US market (apart from EVs) under their FTAs. In fact, Japan, South Korea, and the EU all face the 15 percent tariff on autos and auto parts under Section 232. For the UK, 10 percent tariff is imposed on specific UK-made auto parts and combined 10 percent tariffs on an annual quota of 100,000 UK autos (25 percent tariff for auto imports over the threshold).

Fourth, Trump might pursue dollar devaluation, as urged by former USTR Robert Lighthizer in his book No Trade Is Free, as a means of curbing the global US merchandise trade deficit, now running around $1,241 billion in 2025 (about 4 percent of US GDP). In this drastic scenario, the bilateral deficits with Mexico and Canada would become a footnote and might be ignored during Trump’s second term.

However, Trump’s Treasury secretary, Scott Bessent, a Wall Street financier and hedge fund manager, seems opposed to dollar devaluation. The impact on Wall Street of a weaker dollar would run counter to Trump’s bullish disposition.  Moreover, the same macroeconomic logic that argues against broad tariffs as an effective remedy for the aggregate trade deficit also suggests that devaluation would not be as effective as Lighthizer hopes. 

What are leaders saying about the USMCA?

With the six-year review of the USMCA scheduled for July 2026, trade leaders are already discussing its future. This table offers a running summary of key USMCA review-oriented statements by national leaders starting in January 2026, sorted by country. It also lists relevant hearings and bilateral meetings.

What happens if Trump goes ahead with 15 percent tariffs on Canada and Mexico? 

Apart from Section 232 (national security) tariffs, US merchandise imports from Canada and Mexico largely enter the US market duty free or at average ad valorem tariff rates less than 1 percent. Tariffs of 10 to 20 percent would thus come as a shock, both to industrial buyers of intermediate goods and to households shopping at stores like Albertsons or Walmart.

Industrial imports are concentrated in machinery, electronics, electrical machinery, vehicles and parts, wood products, transportation equipment, and fuel (petroleum and natural gas). Consumer purchases are concentrated in prepared foodstuffs (like beer and chips), fruits and vegetables (e.g., mangoes, avocados, tomatoes), meat, toys, clothing, and footwear (see figure 1 for results updated with 2025 data). US prices of all these products would increase, driven by the direct impact of 10 to 15 percent tariffs on imported goods and also by follow-on price increases by US firms making competitive goods.

Since Canada and Mexico together account for roughly 1.8 percent of value added in US consumption, tariffs of 15 percent with a 92 percent passthrough would raise the US overall consumption price level by roughly 0.25 percent (15 percent times 1.8 percent times 92 percent). The political problem for President Trump would not be so much the small increase in the average US price level as price spikes in recognizable goods, like gasoline at the pump in some locations, certain auto brands, avocados, and tomatoes. 

The US is most reliant on imports from Canada for fuel and wood products, and from Mexico for transportation equipment and vegetable products. For products that are more easily substitutable, tariffs would likely lead US consumers and producers to import more from the rest of the world—for example, from Latin America for fruits and vegetables and the Middle East and Venezuela for oil. China could also become relatively more competitive for certain industrial products, such as machinery, electronics and minerals, as well as consumer goods such as toys and sports equipment.

For Canada and Mexico, the pain of 15 percent US tariffs would be much greater. Analysis done by Warwick McKibbin and Marcus Noland shows GDP losses and increases in inflation in each country as a consequence of a 15  percent US tariff. Results were rescaled by multiplying all estimates from their analysis by 0.6 to approximate the impact of 15 percent tariffs on all imports from Canada and Mexico (Figure 2).

However, as McKibbin and Noland explain, the figures in this chart “likely underestimate the real damage to the three economies.” That is because they are highly integrated, but Mexico and Canada are “much more dependent on trade with the US” than the US is on them. Their paper notes that intermediate goods, especially in motor vehicles, cross the borders multiple times, so imposing tariffs at each stage “would be disastrous.” Mexican exports, 80 percent of which go to the US, account for 40 percent of Mexico’s GDP.

“In essence,” the authors say, “Mexico ships one-sixth of its annual economic output to the US in the form of exports.” And since many of these exports originate in maquiladoras within 30 miles of the border, wiping out the livelihoods of those working at these factories could compel some of them to migrate to the United States, undercutting US efforts to stop border crossings. For Canada and Mexico the trade and GDP losses are so great, and the concentration in affected export industries so dramatic, that their political leaders would be forced to retaliate.

But the cost of broad tariff retaliation would still be steep, even with the 15 percent tariffs. At its peak, the 15 percent tariffs could reduce the size of the Mexican economy by 1.2 percent relative to its baseline forecast, while Canada loses some 0.76 percent respectively (Figure 2). And unfortunately for Canada and Mexico, mirror-image retaliation—meaning 15 percent tariffs on all imports from the US—would be just as costly for those countries as the 15 percent US tariffs. To be sure, the costs would fall on different sectors, but the overall shock to the Canadian and Mexican economies would be enormous. For that reason alone, Prime Minister Mark Carney and President Claudia Sheinbaum are laying plans for targeted retaliation. 

There is a precedent for a more targeted approach available to Trump. 

In his first term, Trump imposed tariffs of 25 percent on steel and 10 percent on aluminum, covering imports from all countries, including Canada and Mexico, under the national security authorities of Section 232 of the Trade Expansion Act of 1962. In retaliation, Canada imposed tariffs on iconic US products like bourbon, pizza, and ketchup.  The upshot was a negotiation that led to a conversion of US tariffs into informal quotas and surveillance of steel and aluminum imports from its USMCA partners and other friendly countries.  

Bearing that history in mind, Carney and his ministers are drawing up lists of sensitive goods and services that could be subject to import or export taxes. Critical minerals, electricity, petroleum and natural gas are potential export targets. American tourism to resort locations in Canada might be another. On the import side, Canada could ban dairy, cattle, fresh meat, and fruit—largely from politically sensitive red states. Added to the list, Canada could discourage its citizens from snowbird tourism in Florida and Arizona and curtail Hollywood entertainment delivered over the internet. Finally, if tensions become truly acute, Canada could open a debate over cooperation with US missile and naval defenses in the Arctic region.

Sheinbaum and her ministers can be equally creative in drawing up targeted retaliation lists.  In addition to banning sensitive US exports, like corn and soybeans, Mexico might curtail Hollywood entertainment and financial services.  It could withhold cooperation on cartel interdiction and drug seizures.  As a draconian measure, Mexico might temporarily forbid US subsidiaries operating in Mexico from paying dividends and interest to their parent firms.  

All these factors illustrate why a North American trade war will be truly costly to all partners. Once launched, the economic, political, and diplomatic fallout will be enormous, and a return to the status quo ante in commercial relations and mutual trust will take years, not months. The Departments of the Treasury, State, and Defense and the CIA will surely brief the president on these realities. If Trump listens to them, his tariff threats could well evolve into difficult but productive negotiations.

US trade deficits with Mexico and Canada

Trump has long criticized merchandise trade deficits with US trading partners. His argument, which is both simplistic and misleading, is that if the value of US imports exceeds that of exports, incurring a deficit, as is the case with Mexico and Canada, the US is a loser. US automotive trade deficits with Mexico rank high among his grievances. As figure 3 shows, almost since NAFTA’s launch in 1994, which preceded the USMCA, the US has run a merchandise trade deficit with Mexico. Much of that deficit is centered in bilateral automotive trade. During the election campaign, Trump promised 200 percent tariffs on all vehicle imports from Mexico. US bilateral merchandise deficits with Canada are historically much smaller than deficits with Mexico. 

The US runs a trade surplus with both North American partners on intangible services, such as consulting and banking, however. That surplus is much larger with Canada than Mexico. The US services trade surplus with Canada increased nearly fourfold over the past 25 years, rising from an annual average of $7 billion during 1999-2003 to $26.7 billion during 2021-25. The US services trade surplus with Mexico remained relatively small during the post-NAFTA period. But Trump is more concerned with merchandise trade deficits than with any offset resulting from surpluses in services trade.

The US-Canada bilateral merchandise trade deficit rose from $25.8 billion in 2019 to $48.3 billion in 20251 (with a peak of $78.3 billion in 2022, possibly reflecting COVID-19). However, US-Canada auto trade shows a small but consistent surplus for the United States, while US-Canada services trade shows a consistent US surplus in the $20 billion-$30 billion range.

The US-Mexico bilateral merchandise trade deficit grew consistently, rising from $99.4 billion in 2019 to $197 billion in 2025. Autos and parts account for a large but modestly decreasing share of the bilateral deficit, almost 80 percent in 2019 and roughly 50 percent in 2025.2 The services trade balance averaged about $7.5 billion between 2021 and 2025, peaking at $13 billion in 2025.

The historical experience with tariffs demonstrates that even very high tariff barriers cannot reduce the aggregate US trade deficit with all its partners.  The reason is that tariffs that discriminate against selected partners (such as Mexico, Canada, and China) can shift imports from these countries to imports from other countries, leaving the aggregate US trade deficit unaffected.  Still, Trump continues to insist that making tariffs the center of US economic policy will reduce the aggregate trade deficit.   

A separate concern in Trump’s negotiations over the USMCA was that China and other countries would take advantage of its provisions by shipping goods to Mexico or Canada in order to qualify for entry into the US. Accordingly, the USMCA imposed tighter rules of origin on autos, requiring 75 percent (up from 62.5 percent) by value of autos and parts to be made in North America for cross-border trade to qualify for zero tariffs.  In the 2026 USMCA review, Trump wants to layer a 50 percent US content rule on top of the 75 percent North American content rule. 

Despite their intentions, a strong US economy and high tariffs on US imports from China helped to sharply increase the bilateral US-Mexico and US-Canada merchandise trade deficits following the inception of the USMCA, as shown in figure 3. The US merchandise trade deficit with Canada more than doubled from an annual average of $19.6 billion during 2014-18 to $59.8 billion during 2021-25. The bilateral US-Mexico merchandise trade deficit more than doubled, increasing from an annual average of $64.9 billion during 2014-18 to $148.9 billion during 2021-25.

For the sensitive autos and parts trade balance, the situation differs between US-Mexico and US-Canada. Since the USMCA, the US-Canada trade balance for autos and parts has turned from a deficit to a small surplus. For US-Mexico trade, the annual average trade deficit in autos and parts rose from $57.1 billion in 2014-18 to $93.5 billion in 2021-25. Growth in the autos and parts trade deficit was smaller than growth in the overall merchandise trade deficit, possibly due to the tighter rules of origin on autos. While autos and parts remain a large component of the US-Mexico merchandise trade deficit, the share dropped from 88 percent (2014-18) to 63 percent (2021-25).

How US-China Trade Conflicts Have Led to Tensions with Canada and Mexico

US tensions with Mexico and Canada have resulted in part from changes in US trade with China. Since 2018, Canada and Mexico have replaced China as the largest US trading partners.   

In 2018, two-way commerce between China and the US was $659 billion in current dollars.  Canada was second, with two-way commerce of $618 billion, and Mexico was third with $610 billion. Fast-forward to 2025, based on annualized current dollar data, Mexico was first with $872 billion in two-way commerce, Canada was second with $716 billion, and China was third with $415 billion. This shift was observed by 2023, driven by the increase in two-way trade with Mexico and the simultaneous drop in purchases from China (figure 4).

Clearly the reversal of fortune between China and Mexico reflects fallout from the US-China trade war. 

US-China trade

After Trump launched the trade war in 2018, and China reciprocated with its own tariffs, in 2019 the value of US exports to China fell by $14 billion while the value of US imports from China fell by $89 billion (figure 5).3 In real terms, measured in 2019 prices, the declines were about the same.  Consequently, between 2018 and 2019, the US bilateral trade deficit narrowed by $76 billion, from $418 billion to $343 billion. 

However, in 2020, 2021, and 2022, the value of US export and import trade with China generally rose. Part of the rise in import trade can be ascribed to US tariffs (which are reflected in the landed price of imports). In real terms, the rise in US imports was smaller. US bilateral imports plunged again in 2023 and remained at the new lower level in 2025. The US import plunge probably reflects the delayed efforts of Chinese firms to relocate production to other countries, such as Vietnam and Mexico. In terms of value, the US bilateral deficit with China narrowed to $280 billion in 2023 and remained about the same in 2024, before dropping sharply to $203 billion in 2025.  In real terms, the trade contraction was similar, and the bilateral deficit also narrowed since 2023.

US-Canada trade

Canada has maintained its position as the second largest US trade partner. The value of US exports to Canada rose by 11 percent between 2018 and 2025 (figure 6), but the gain essentially reflected higher US export prices. In real terms, US exports to Canada were flat over the seven-year period. US imports from Canada rose 20 percent in nominal terms and 8 percent in real terms.

Consequently, the bilateral US-Canada trade deficit widened in current dollars from $19 billion in 2018 to $48 billion in2025, with intermediate ups and downs. In real terms, measured in 2019 prices, the deficit widened to $64 billion in 2025. While the bilateral deficit is larger now than during Trump’s first term, it remains far short of the $200 billion figure denounced by Trump before his inauguration. 

US-Mexico trade

Owing at least in part to the US-China trade war, Mexico has become the largest US trading partner, with a high level of US components in Mexican exports. But the bilateral deficit increase from $78 billion in 2018 to $197 billion in 2025 is a source of concern, not only by President Trump but many in Congress (figure 7). US imports from Mexico grew steadily between 2018 and 2025, in both current dollars and real terms, with only a small setback in 2020. However, while US exports in current dollars also grew, the growth in real terms was modest, only 5 percent between 2018 and 2025.

Apart from the size and growth of the bilateral deficit, President Trump and his followers also worry that Mexico is becoming a channel for Chinese intrusion in the US market, both as an exporter of intermediate components and through Chinese investment in Mexico.

Mexico-China trade

China has maintained its position as the second largest source of Mexican imports, after the US. The value of imports from China increased from $84 billion in 2018 to $133 billion in 2025 (figure 8), partly due to changes in import prices. In real terms, imports increased by 25 percent to $104 billion, while exports remained flat.

The US and Canada share a concern that Mexico could become a backdoor for Chinese products as Chinese factories expand. Mexico’s Secretariat of Economy reported a rise in foreign direct investment inflows from China since 2021, peaking at $921 million in 2024 and $577 million in 2025. China’s National Bureau of Statistics reported similar upward trends and a peak of $1.55 billion outward foreign direct investment flow to Mexico in 2024.

Can a North American Trade War be Avoided?

President Trump has given Canada and Mexico limited time to propose solutions that would stop illicit fentanyl and unauthorized migrants from entering the US. How realistic are his demands?

Stopping flow of illicit fentanyl

It’s no easy matter for either Mexico or Canada to halt the flow of fentanyl into US territory, but much harder for Mexico than Canada.  For starters, the volume of a year’s worth of American fentanyl consumption can be transported in a single truck container.  Annually, more than 7 million trucks enter the US from Mexico, along with 75 million cars. Finding fentanyl shipments is akin to the proverbial needle in a haystack.  Moreover, for lack of a Congressional appropriation (though money was authorized), even the US Customs and Border Protection agency (CBP) does not have sophisticated sensor equipment for detecting fentanyl.

Within Mexico, the best ways to stop fentanyl production are to seize precursor chemicals arriving from China and shut down fentanyl factories. (Precursor chemicals are substances used in the illicit manufacture of narcotics and other controlled substances.) But production is centered in cartel-controlled states, namely Sinaloa, Baja California, Durango, Sonora, and Chihuahua. In his inaugural address, President Trump labeled such cartels as terrorist organizations, but it is unclear how labeling them will bring them under the heel. 

For decades the Mexican government has not been able to uproot the cartels and reclaim these states.  Eight coastal cities serve as dominant points of entry for precursor chemicals, and the Mexican navy may enjoy greater success interrupting precursors.  Yet even if President Sheinbaum totally commits to stopping fentanyl by relying on the navy (relatively free of corruption), the project will take years, not months. 

Canada’s challenge in stopping fentanyl may be hard but much easier than Mexico’s. Far less fentanyl is produced in Canada than Mexico. In 2023, CBP seized 2,800 pounds of fentanyl at the US-Mexico border, and less than 5 pounds at the US-Canada border. As with Mexico, the annual volume of arriving cross-border traffic from Canada—nearly 6 million trucks and 21 million cars—makes a border-detection strategy difficult. Moreover, a crackdown on fentanyl arrivals from Mexico may likely shift production and distribution to Canada. 

On the bright side, the federal Royal Canadian Mounted Police (RCMP, with 3,400 officers) and other federal police forces (about 1,000 officers) are relatively free of corruption and do not face a cartel problem. Conceivably, a Canadian promise to boost its federal police force and border agency by 1,000 officers to detect and destroy fentanyl production might satisfy Trump. In fact, a few days before Trump’s inauguration on January 20, 2025, the Canadian government announced plans to bolster the RCMP and other federal forces. 

Following the February 2026 lower court ruling, the Supreme Court declared the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose tariffs. That decision essentially struck down the “tariffs related to fentanyl. But a recent PIIE study raises questions about role of tariffs in preventing fentanyl deaths, which started declining after peaking during the Biden administration, with the 12-month trailing sum falling to a range of 40,000-50,000 in 2025.

Stopping illegal immigration

New enforcement measures taken by President Joseph R. Biden Jr. in 2024 reduced the monthly number of unauthorized immigrants encountered in the southwestern land border by CBP from around 270,000 in September 2023 to around 100,000 in September 2024.4  Nevertheless, to Trump’s advantage, illegal immigration remained a central issue in the 2024 election campaign.

 In January 2023, Trump claimed that Mexico posted 28,000 troops to deter border crossings during his presidency. While that claim was never verified, in June 2019, CNN quoted the former Mexican defense secretary Luis Sandoval as saying that 15,000 troops were posted to the border. Illegal immigration has not featured prominently in Trump’s 2026 complaints. However, a Mexican promise to post a substantial number of troops on the border for an extended period might satisfy Trump. In May 2026, the monthly apprehensions by US Border Patrol at the southwest land border were roughly 10,000.

Illegal immigration numbers from Canada, apprehensions in particular, are far smaller than from Mexico.  In September 2024, the monthly apprehensions by the US Border Patrol was 1,792, higher than the 1,335 encounters from September 2023. In May 2026, this figure of apprehensions has dropped to 528.The Canada-US border is not only much longer (5,500 miles) than the Mexico-US border (2,000 miles) but also largely unprotected by barriers.  Hence the Canadian Border Security Agency (CBSA), with a force of about 8,500 officers, is stretched thin. But illegal immigration from Canada has barely been mentioned in 2026.

What areas of USMCA are likely to be renegotiated?

The sections below describe parts of the USMCA that remain subject to disagreement and are likely to be renegotiated when the pact is reviewed in 2026.

USMCA REVIEW: AUTO TRADE

Under both NAFTA and the USMCA, auto imports to the US qualifying for duty-free status must demonstrate that they originated from the exporting country and were not produced elsewhere and then routed through the exporter.

Figure 9 compares the US auto trade balance with Canada, Mexico, and the rest of the world. Since 1994, the US has largely run auto trade deficits with its North American partners, though the US trade balance with Canada shifted from a deficit to a minor surplus in 2021. The deficit with Mexico has expanded rapidly since that year. The two countries together accounted for around 50 percent of US auto trade deficits with the world in 2025 (figure 9).

The US buys many more vehicles than it produces. Mexico, on the other hand, produces more than it consumes. Figures 10 and 11 show new passenger vehicle production and sales in the US since NAFTA and in Mexico since 2005, respectively. The gap between new vehicle production and sales in the US has remained relatively stable, averaging about 5.7 million vehicles per year between 2015 and 2025. In contrast, Mexico has consistently produced more vehicles than it sells domestically, with the difference starting to increase around 2010. Mexico has taken advantage of both NAFTA and the USMCA to transform itself into an export-oriented producer of auto parts and vehicles, exporting almost 3.4 million vehicles in 2025.

Trade flows are not the only indicator of economic integration among the three countries. Investment flows are also a major factor. For example, the US is the largest investor in Mexico’s auto sector, accounting for some 45 percent of foreign direct investment in 2024. Figure 12 compares gross fixed capital formation in the auto sector among the three countries. (The term covers fixed assets intended for goods and services production for more than a year.) Most of the capital expenditure in the auto sector each year has been in the US, followed by Mexico, while Canada has lagged behind. The large US capital investment in the auto sector, however, has not led to job gains in the US partly because those investments have mostly been in labor-substituting robotics and automation.

President Trump has argued that because of the USMCA the US has lost jobs to Mexico—especially in the auto industry. Auto sector employment has seen little change in the US and Canada but gains in Mexico between 2018 and 2023, increasing from around 737,000 to more than 900,000 employees. Meanwhile, total US auto employment remained roughly constant at around 1 million. In 2021, average annual auto sector compensation per employee in the US was more than six times higher than in Mexico, at roughly $78,000 compared with about $12,000.5 The relocation of auto production jobs driven by wage differences is a major concern among US unions and some voters. Accordingly, US labor advocates have pushed for stronger provisions for worker rights and higher wages in Mexico.

The US, Mexico, and Canada continue to negotiate renewal of the USMCA after the Trump administration “chose not to rubber stamp a USMCA renewal without addressing existing issues” on July 1, 2026. US negotiators have asked to raise the longtime regional content requirement for vehicles from 75 to 82 percent. These requirements ensure that vehicles built in the region are using more North American parts rather than ones imported from abroad (China, for example). The US has also sought a new requirement that 50 percent of the dollar value of each USMCA-eligible car be made in the US under the agreement. The United Auto Workers (UAW) union and negotiators hope that these measures, along with stronger labor laws in Mexico, will keep more auto manufacturing in the US.

USMCA Review: Critical minerals

In his first three months of office in April 2025, President Donald Trump raised tariffs on Chinese goods to 147.6 percent, prompting the government in Beijing to suspend exports of a broad array of critical minerals and magnets. The Chinese action disrupted supplies of components needed by US chipmakers, auto and aerospace manufacturers, and military contractors. Included in the restrictions are several rare earth metals produced or refined in China, which require special export licenses to be shipped.

But disruptions of supplies from China created an opportunity for negotiators in Canada, Mexico, and the US to use the renewal of the USMCA in 2026 to fill at least some of the gap opened by China’s export controls. Canada, for example, has considerable critical mineral deposits, but they are mostly undeveloped. Mexico also has the potential to mine certain minerals, but the challenge is to overcome political opposition and instability in the mining regions.

China produces 90 percent of the world’s magnesium, 67 percent of graphite, and 64 percent of rare earth elements (a subset of critical minerals),6 and has long dominated export supply chains in these critical minerals. Among critical minerals, the US imported some $165 million of rare earth compounds and metals in 2025, mostly from China but also from Malaysia, Estonia, Japan, and other minor sources. These imports have accounted for about 95 percent of US rare earth consumption. As shown in figure 13, US imports of other critical minerals from the world, such as nickel, lithium, cobalt, graphite, and tungsten (see panel a), are much larger in value than rare earths, totaling around 60 billion in 2025. Canada is a major supplier of critical minerals to the US market.

Figure 13 summarizes US critical mineral and rare earths imports from China, Canada, Mexico, and the world in 2020 (the last year of the first Trump administration) and 2025 (the first year of the second Trump administration). In 2025, Canada accounted for about $14.7 billion of US critical mineral imports (excluding rare earths), some 25 percent of the total. Much smaller US imports from Mexico were on par with those from China during the period 2020-2024, both on average less than $2 billion annually. On the rare earth side, China is still the main source of US rare earth imports, though its share declined in 2025.

Figure 14 summarizes world production in 2025 and known reserves of rare earths, expressed in metric tons. Evidently, many countries have reserves, but annual production is a small fraction of known reserves. Processes for mining and refining rare earths are complicated, and China has more advanced technology than most countries.

In 2021, because China restricted exports of graphite and rare earth technology, and because the minerals are essential for military and electronic technologies, the US started seeking alternative sources during the Biden administration. The Infrastructure Investment and Jobs Act of 2021 (IIJA) and other federal acts provide almost $200 million for research, mining, and stockpiling critical minerals, and subsidies for processing critical minerals. More recently, after Trump was elected to a second term in November 2024, with an agenda of wide-ranging tariffs, the Chinese Commerce Ministry announced, "In principle, the export of gallium, germanium, antimony, and superhard materials to the United States shall not be permitted."

Even after the 2021 legislation, the US remains far from national self-sufficiency and has been dependent on imports of rare earths from China. In response to this issue, the second Trump administration has invested heavily in critical minerals companies including MP Minerals Corp. (15 percent stake for $400 million),Vulcan Elements Inc. ($670 million), Trilogy Metals Inc., and Lithium Americas Corp. In 2026, the US initiated Project Vault, the $12 billion public-private partnership to stockpile critical minerals.

As early as January 2020, Canada and the US announced a Joint Action Plan on Critical Minerals. Canada holds abundant deposits of critical minerals and rare earths, but most of them await development. Mexico has known reserves of some critical minerals but not rare earths. While the Joint Action Plan attracted notice in policy circles, and while the potential for cooperation is extensive, little happened on the ground during the Biden administration (2021-2025). Like Canada, Mexico is a potential producer of some critical minerals, such as lithium, but mining is constrained both by national ownership laws and cartel violence.

The US was 100 percent reliant on net imports for 12 out of the 50 individually listed critical minerals and over 50 percent reliant for 28 of them in 2024. The value of domestic primary mine production of critical minerals was only $3.3 billion in 2024.

President Trump has seized the leverage of the war in Ukraine and proposed that Ukraine give the US rights to its critical minerals as compensation for prior and continued military support. President Volodymyr Zelensky initially rejected the proposal, but within a few days Washington and Kiev negotiated terms giving the US a stake in Ukrainian minerals. A controversial Oval Office meeting at which President Zelensky angered Trump and Vice President JD Vance by seeking security guarantees for Ukraine temporarily halted progress on such a deal. On April 30, 2025, the US and Ukraine signed an agreement to establish the jointly managed US-Ukraine Reconstruction Investment Fund, which will invest 50 percent of revenues from natural resource projects including minerals in Ukraine. The fund announced its first investment in a drone technology company in March 2026. Still, Ukraine is far from a path to serious production of critical minerals for US consumption. In fact, while Ukraine has no active mines or deposits of rare earths under development, it has large proven reserves of titanium, lithium, and graphite, and produces manganese ore, titanium ore, and titanium sponge. The logistics of mining in Ukraine are severely complicated by hostilities with Russia and by China’s recent export restrictions on technologies for processing critical minerals.

Given the second Trump administration’s strong preference for domestic production, and its use of tariffs to achieve multiple objectives, the scope for cooperation with Canada and Mexico in the critical minerals space may be limited during the next two years. Trump’s imposition of 25 percent tariffs on all imports from Canada and Mexico not USMCA compliant and 10 percent on energy products including critical minerals has, for the moment, clouded future cooperation. Possibly in reaction to the US, Canada has recently pushed forward financial grants and tax credit programs to expand the critical mineral industry.

But all three USMCA parties presumably want access to non-China sources of critical minerals. That could be partly accomplished by a new USMCA provision ensuring equal access to critical minerals produced in partner countries. As well, the US could allow Canadian and Mexican emergency access to its stockpiles (held by the Federal Emergency Management Agency, FEMA). In turn, the US could seek consultations on imports of critical minerals from China by its North American partners. These are just illustrative examples of cooperation that might be agreed in the context of the USMCA review. 

USMCA Review: Dairy Products

Canada’s dairy farmers represent only a tiny portion of the nation’s economy, but they are concentrated in influential areas like Quebec (home of 10,000 dairy farmers) and Ontario, wielding disproportionate clout with Canadian leaders. As a result, the entire industry is protected by Canada’s elaborate “supply management” system, which regulates production and prices of milk and dairy products while protecting them from cheaper US imports with an elaborate tariff and quota regime. Successive US administrations have railed against this system, but as one of Canada’s “sacred cows,” it has been mostly impervious to change.

The US has its own system of agriculture price supports, subsidies, and financial assistance. But Canadian supply management has been a long-standing target of US trade negotiators, even though the US enjoys an average annual trade surplus in dairy products with Canada of around $600 million since 2021, according to USDA’s Foreign Agricultural Service. Opponents of the Canadian regulations are vociferous, citing free market principles and noting that on average, dairy farmers are far richer than the average Canadian household, with an average net worth of almost C$6 million per farm in 2023. Nevertheless, like farmers in many countries including the US, dairy farmers are part of the nation’s cultural identity and enlist public sympathy, even though Canadian milk prices exceeded US levels by an average of around 14 percent in 2024.7

There is no telling how any future negotiations over dairy products will be affected by a trade war with Canada and Mexico under President Trump. But dairy was a highly contentious issue in USMCA negotiations under Trump’s first term. In those talks, the US secured modest liberalization of Canadian dairy imports. Liberalization took the form of tariff-rate quotas (TRQs), which allow a specified amount of a dairy product to be imported at a lower tariff rate, while imposing a higher tariff on imports beyond that threshold. TRQs were identified in the USMCA for 14 individual dairy products. The agreed quotas are scheduled to gradually expand between 2020, when the USMCA entered into force, and 2039. For Canadian dairy imports, customary tariffs are steep, ranging to over 300 percent ad valorem. Altogether the 14 agreed TRQs amount to about 3.5 percent by volume of the Canadian dairy market. In value, US dairy exports to Canada were more than $1 billion in 2024.

Figure 15 summarizes US two-way trade with Canada and Mexico in dairy products. Two-way trade between the US and Canada for selected dairy products has increased, and the US trade surplus rose from $123 million in 2018 to $323 million in 2025. Exports of cheese and butter drove the increase: Cheese and curd exports more than doubled, rising from $56 million in 2018 to $156 million in 2025, while butter exports grew from $81 million to $230 million.

US dairy exports to Mexico far exceed exports to Canada. The US-Mexico two-way trade surplus for the selected dairy products surged from around $1.2 billion in 2018 to over $2.2 billion in 2025. US milk and cream exports (whether concentrated and/or containing added sweeteners) to Mexico rose from $715 million in 2018 to $1.1 billion in 2025. Cheese and curd exports climbed from $388 million to $966 million in 2025.

The administration of TRQs is itself controversial and a source of US complaints that Canada is running the program in a manner that continues to protect Canadian dairy farmers. The reason for the controversy is that a TRQ scheme inevitably creates a “quota rent”—the difference between the lower price in the export market and the higher price in the protected import market. The administrator of the TRQ scheme determines who gets the quota rent by virtue of the TRQ allocation. Awarding TRQs is like awarding free money. For example, a firm awarded the right to import 20 tons of cheese can buy the cheese at a low price in Wisconsin and sell the cheese at a much higher price in Ontario.

The USMCA names the Canadian government as the dairy TRQ administrator. According to paragraph 3(c) of Section A in Canada’s TRQ Appendix in the USMCA, “Canada shall allocate its TRQs each quota year to eligible applicants. An eligible applicant means an applicant active in the Canadian food or agriculture sector.” After the USMCA entered into force in July 2020, Canada’s interpretation of “eligible applicants” triggered two dispute settlement panels that were convened under Article 31 of the USMCA.

In May 2021, at US request, the first dispute settlement panel (“Canada–Dairy TRQs I”) examined Canada’s allocation of dairy TRQs to formal “pools” of Canadian dairy processors. Obviously, these pools could use their bargaining power to acquire US dairy products at prices close to the prevailing US market prices, and thereby capture the quota rent when the products were resold in Canada. In December 2021, the panel found that processor TRQ pools were inconsistent with the USMCA.

In May 2022, Canada issued new TRQ allocation procedures. Under the new procedures, Canada allocated TRQs just to individual Canadian processors and distributors based on their respective shares of the Canadian dairy market for the 14 identified products. While Canadian dairy processors number in the hundreds, the top five firms account for over 50 percent of the market. Accordingly, the new procedures—with just five firms holding half the quotas—do not ensure intense competition between TRQ holders for US dairy products; hence the largest Canadian dairy processors can still capture the lion’s share of quota rents.

US dairy firms and farmers felt cheated by this outcome. They called for action, and USTR requested a new panel in January 2023 (Canada–Dairy TRQs II). The specific US legal complaint was that Canadian retailers and fast food chains were excluded from TRQ allocations. Without spelling out its internal analysis, evidently USTR believed that a wider circle of Canadian TRQ holders would, through competitive bidding, shift more of the quota rents to US dairy firms and farmers.

To US disappointment, in November 2023, two of the three panelists held that USMCA conditions on “eligible applicants” did not require Canada to allocate TRQs to retailers and fast food chains. Canadian Trade Minister Mary Ng applauded the report: "Canada is very pleased with the dispute settlement panel's findings, with all outcomes clearly in favour of Canada."

US Trade Representative Katherine Tai under President Biden had a different take: "I am very disappointed…. Despite the conclusions of this report, the United States continues to have serious concerns about how Canada is implementing the dairy market access commitments it made in the agreement. While the United States won a previous USMCA dispute on Canada's dairy TRQ allocation measures, Canada's revised policies have still not fixed the problem for U.S. dairy farmers." Tai’s sentiments were echoed and amplified in Congress and by US dairy producers.

The strong US reaction ensures that procedures for allocating TRQs will be on the table in the USMCA review. Political heat generated by this issue far exceeds the magnitude of trade at stake. A plausible outcome, assuming a renewal of good faith by negotiators on both sides, would find Canada agreeing to larger TRQs and a wider roster of TRQ holders, including Canadian retailers and fast food chains. That outcome would benefit both Canadian consumers and US producers.

USMCA Review: Digital Services Tax

In 2024, Canada enacted a tax on US technology and digital giants like Meta (Facebook), Amazon, and Google over the advertising revenues they earn when their platforms are visited by Canadian consumers. The Biden administration objected to the tax and threatened to retaliate. President Trump renewed the threat in June 2025, suspending trade talks with Canada, a move that prompted the Canadian government to rescind the tax just days before it was to take effect on July 1, 2025. Prime Minister Mark Carney of Canada said rescinding the tax was necessary to clear the way for trade negotiations with the US on a variety of issues.

Canada’s digital services tax (DST) had long been a focus of contention with the US and was bound to play a part in negotiations to renew the USMCA running up to 2026. (Mexico has not proposed a DST like Canada’s but has similar methods to tax digital consumers and could use a DST in the future.)

Here is a primer on the issues as they relate to the renewal of the USMCA.

The Canadian DST, at a rate of 3 percent, was to apply to tech revenues derived from online advertising, marketing, social media, and user data—and only to firms with global revenues of at least $818 million and Canadian revenues of at least $15 million. In opposing the tax, the US Computer and Communications Industry Association (representing Amazon, Apple, Google, Intel, and other firms) estimated that the DST would cost US business firms $900 million to $2.3 billion a year.

A separate Canadian “streaming” tax act would affect tech revenues derived from Canadian consumers of music and audiovisual services, not the advertising or marketing revenues that accrue to the digital companies. The act would have forced American companies including Netflix to devote 15 percent of Canadian revenue to Canadian and Indigenous content.  The act was abandoned, possibly due to pressure from the US in USMCA discussions. Netflix and other streaming companies had complained publicly about the act.

US opposition to DSTs has also been a long-running dispute with the EU as part of Europe’s crusade to tax the profits of giant corporations that make money off European consumers but are based elsewhere. Many in the US share Europe’s concern over the practice of US corporations, including some in the digital services sector, locating their profit centers in low-tax jurisdictions like the Cayman Islands.

To tax the profits of these major corporations, the Organization for Economic Cooperation and Development (OECD)—which consists of economically advanced democracies—launched an ambitious tax project named Base Erosion and Profit Shifting (BEPS) in 2013. It had two central and related goals: first, increase global taxation of large corporations; and second, revise established boundaries of tax jurisdiction for the internet age. After years of analysis and debate by the OECD and its member countries, in 2021 the two goals were crystallized into two “Pillars” of corporate tax reform. Pillar One called for a portion of the earnings of large “consumer-facing” firms—essentially digital giants and a few others—to be attributed to countries where consumers are located, rather than countries where production takes place (the historical test for defining tax jurisdiction). Pillar Two called for a minimum tax rate of 15 percent on the earnings of large corporations, aimed at those that located in low-tax jurisdictions.

As a practical matter, the DSTs discriminate against US tech giants, which depend on revenues generated by users around the world. The US argues that these taxes also violate WTO tariff bindings and flout the boundaries of tax jurisdiction agreed in bilateral tax treaties. As part of the two Pillars proposal in 2021, Treasury Secretary Janet Yellen negotiated a supplementary agreement that OECD member countries would not enact new DSTs before January 1, 2024. The plan was to give the US and other members time to enact at least some of these taxes on their own. This scenario changed when Republicans captured the US House of Representatives in November 2022, making any tax increase in the US unlikely.  Most OECD countries responded by agreeing to a conditional moratorium on enactment of taxes to December 31, 2024.

Canada, along with four other countries, did not agree to the extension and instead announced that its parliament would enact the Digital Services Tax Act (DSTA).

Faced with strong opposition from US tech giants, in November 2023, Canada backpedaled on dates for implementation and retroactivity. However, the Canadian implementing legislation, known as Bill C-59, the Digital Services Tax Act, took effect on June 28, 2024, with retroactive application to 2022. No US firms have publicly refused to pay the tax. However, US trade associations requested USTR to retaliate,  invoking Section 301 of the Trade Act of 1974, permitting such actions against unfair trade practices.

All these temporary measures became moot once President Trump returned to office in January 2025. He then issued an Executive Order withdrawing the US from the previous agreements on global and digital taxes, also threatening to double the US tax rate, invoking Internal Revenue Code (IRC) Section 891, against firms with US operations but based in countries that discriminate against US firms, including those that implement DSTs.

Separately, Canada enacted regulations in 2024 to implement another digital tax, labeled the Online Streaming Act. The act imposes a tax of 5 percent on revenues earned from the sale of entertainment and music to Canadian consumers plus mandatory contributions to generate Canadian content. Unlike the DSTA, where the tax base is the Canadian fraction of advertising, marketing, and kindred revenue earned by the tech platform from third-party companies, the tax base of the online streaming tax is revenue paid by Canadian consumers to companies that provide both audiovisual and music streams. In other words, companies such as Netflix, Amazon Prime, Amazon Music, Apple Music, and Spotify. The tax applies to any company, Canadian or foreign, that earns revenue of C$25 million (US$18 million) or more from Canadian consumers for streaming services. According to a lobbying organization cited by the Wall Street Journal, the tax revenue from Canadian and foreign sellers of entertainment and music could reach US$740 million annually. Proceeds of the tax will be used to support French and indigenous language programming.

Affected US firms strongly object to the streaming tax, claiming discrimination contrary to the USMCA. On its face, the Online Streaming Act applies equally to Canadian firms, but US firms fear de facto discrimination in the threshold for application (US$18 million) and in the details of administration. A prominent Canadian lawyer, Lawrence Herman, rejects the discrimination claim, characterizing the Online Streaming Act as nothing more than a sales tax, which, by its nature, may collect more revenue from foreign than domestic wares. Nevertheless, as mentioned above, Canada abandoned the act in light of US opposition.

In May 2026, Canada further revised the Canadian programming expenditures (CPE), which required 15 percent of annual Canadian broadcasting revenue for online streaming services (including a 5 percent base contribution). Other revisions to the act have been proposed by the Liberal government, including a 25 percent contribution by Canadian broadcasters, but keeping the 15 percent rate for online streaming. It remains to be seen whether Netflix and other US streaming platforms will accept these proposals.

Mexico has not proposed a DST or a distinct online streaming tax. However, under current Mexican tax law, the standard 16 percent value added tax (VAT) applies to business-to-consumer (B2C) and business-to-business (B2B) internet purchases of goods and services by Mexican residents. In theory, the VAT should reach revenues earned from online sales of entertainment and music to Mexican consumers. But Mexico does not attempt to tax the earnings of US tech giants on revenues derived from third companies for advertising or marketing associated with programming delivered to the Mexican public. Mexican authorities might consider a DST, but given other frictions in US-Mexico relations, this seems unlikely.

USMCA Review: Energy Production and Trade

Few economic sectors in North America are more integrated than energy production, investment, and trade. The integration was encouraged and accelerated first by NAFTA and then its successor, the USMCA. As a result, the US, Canada, and Mexico are all exporters as well as importers of all forms of energy. Consumers, producers, transporters, and investors all benefit from the efficiencies that flow from this economic integration. 

Can these beneficial arrangements survive the political pressures in all three countries? The answer may come in 2026.

President Trump has vowed to impose tariffs on autos, trucks, auto parts, and other goods from Canada and Mexico (and other trading partners), but he has also not ruled out negotiations to avoid these steps. Once the tariff situation is sorted out, the three countries will have to turn to the myriad rules and regulations in the USMCA as they negotiate renewal in 2026. Settling on the regulations affecting the energy sector is complicated, reflecting varied government policies emanating from Mexico City, Washington, and Ottawa, and sometimes from state and provincial capitals. Efficiency is not the overriding goal. Instead, pressures reflecting sovereignty, self-sufficiency, and climate change all come to bear, producing a patchwork of trade and investment rules that differ depending on the energy source: petroleum and refined products, natural gas, renewables, nuclear, and electricity.

The USMCA, like NAFTA, allows considerable scope for distinct national energy policies and touches lightly on trade and investment rules. The parties agreed to cooperate on energy performance standards in the USMCA, however. At the start of 2025, no tariffs were applied to cross-border energy trade, but other policies affected energy flows: behind-the-border subsidies, extraction and investment restrictions, government procurement, and authorized transport links (pipelines and transmission lines). Trump’s return to office in 2025 created new uncertainties, raising the possibility of tariffs on major trading partners on a variety of products, including oil and gas. Tariffs on Canada and Mexico were to apply only to goods that do not satisfy USMCA rules, according to the Trump administration, but even that provision was unclear as to its implementation.

If the USMCA survives once the dust settles on Trump’s new tariffs and corresponding retaliation by Mexico and Canada, the parties will need to address regulatory, investment, and nontariff barriers in the energy sector. If the parties—especially the Trump administration—are disposed to further North American economic integration, then buy-national and invest-national preferences may be relaxed, and a presumption may be created favoring cross-border pipelines and electricity transmission. But it seems more likely that existing barriers will survive the 2026 USMCA review. 

By way of background, figure 16 summarizes US cross-border energy trade with Canada and Mexico in 2025, covering petroleum and refined products, natural gas, coal, nuclear materials, and electricity. Imports of crude petroleum and petroleum products from Canada constitute a large share of the US energy trade deficit with its USMCA partners.

Petroleum 

Different grades of petroleum require different refinery specifications, and transport costs are a major factor in pricing. As a result, each country both exports and imports substantial quantities. Trade in refined products is also important among the North American partners. Imposing tariffs on US imports of petroleum would significantly reduce imports from Canada and Mexico. And if the USMCA partners retaliate with their own tariffs on US petroleum, US exports would also decline. A substantial and costly disruption of North American petroleum trade would result. 

Figure 17 shows the price trend of petroleum over the period 2014-25, with the price trending down between 2014 and 2016 and increasing again during the pandemic and the Iran war.

In the US, petroleum is extracted and refined by private firms, both from public and private land. In Mexico, ever since President Lazaro Cardenas expropriated the Rockefeller interests in 1938, state-owned Petróleos Mexicanos (Pemex) has held a monopoly on extraction and refining. In Canada, provinces (notably Alberta) write the rules for extraction and refining, but the federal government writes the rules for domestic and international trade. 

Foreign firms are welcome to extract oil and gas in the US and Canada. Under USMCA Chapter 14 on Investment, they are guaranteed national treatment and most favored nation treatment, meaning they can operate on an equal footing with domestic and other foreign firms. In the US, extraction from vast federal lands and from the economic zone of coastal waters is subject to federal permits. In Canada, extraction permits are issued by provincial authorities. Alberta, the leading petroleum province, conditions extraction from oil sands on environmental standards (which environmentalists find wanting). 

Mexico does not welcome domestic or foreign firms into petroleum extraction and investment. Moreover, USMCA Chapter 8 provisions on Recognition of Mexican Ownership of Hydrocarbons, reaffirms Mexican state ownership of all hydrocarbons located in Mexican territory, including the economic zone of coastal waters. During his term, President Andrés Manuel López Obrador (AMLO, 2018-24) cancelled contracts by his predecessor, President Enrique Peña Nieto (2012-18), that had opened the petroleum sector to foreign investors. In July 2022, the USTR initiated consultations with Mexico over AMLO’s energy policies, which were unproductive. At the end of 2023, USTR was escalating its demands toward an arbitration panel under USMCA Chapter 31, but the consultation process remained on hold during the remainder of Biden’s term and the first months of Trump’s second term. President Claudia Sheinbaum of Mexico, who took office in 2024, has shown every inclination to continue AMLO’s nationalistic policies. These policies curtail extraction from deep coastal waters and almost guarantee that Pemex—facing no competition—will remain an inefficient high-cost operator.

In fact, at the dawn of President Sheinbaum’s term, a series of changes were enacted in the energy sector covering both oil and electricity. These “reforms” were finalized by a March 18, 2025 decree creating new laws and amending existing laws in ways that effectively cancelled President Peña Nieto’s 2013 reform.

The American Petroleum Institute (API) has urged USTR to initiate the USMCA dispute settlement mechanism. API members contend that Mexican reforms discriminate against foreign investment in the sector, thereby curtailing US participation. The new 2025 decree gives a preferred status to Pemex and the Comisión Federal de Electricidad (CFE). To counter the decree, API suggested that the USMCA mechanisms should be utilized instead of unilateral US tariffs against Mexico

The US imports crude oil from Mexico and exports refined products. Most of this two-way trade moves by tanker between US Gulf Coast ports and Mexican east coast oil terminals. No disputes are on the horizon for this traffic, notwithstanding the controversies already mentioned. 

The two main ways of transporting petroleum and refined products across the Canada-US border are rail and pipelines. US environmental groups forcefully oppose (for climate reasons) the construction of new pipelines to carry oil from Canada to US refineries. In January 2021, on his first day in office, President Biden canceled the permit enabling the Canadian firm TC Energy to construct the Keystone XL pipeline across the US border. The cancellation occurred after TC Energy had spent billions of dollars, and the firm unsuccessfully sought an arbitration award against the US, citing both expired NAFTA and USMCA provisions. President Trump favors construction of new cross-border pipelines and welcomes revival of the controversial Keystone XL pipeline.

Natural gas

As figure 16 shows, natural gas shipments between the USMCA partners are a small fraction by value of petroleum shipments. However, cross-border gas trade will be disrupted if Trump imposes tariffs on gas imports, and if Canada and Mexico retaliate in kind.

Similar to petroleum, the price of natural gas also dropped during 2014-16, then stayed relatively stable before peaking in 2022 and has declined since then (figure 1).

Horizontal hydraulic fracturing of deep shale formations (fracking), a technology pioneered in 1991 by George Mitchell, dramatically increased the supply of natural gas, particularly in the US. As a result, nominal natural gas prices, while volatile, showed no upward trend between the mid-1990s and the early 2020s, even while the producer price index for all commodities doubled. Falling real prices enabled natural gas to replace coal as a fuel for electric power plants. Coal supplied about 50 percent of US electricity in 2000, but that share dropped to 20 percent in 2022. Over the same period, the natural gas share rose from 16 percent to almost 40 percent. The switch from coal to natural gas significantly decreased CO2 emissions from the US power sector.

Mexico’s policies toward natural gas resemble its policies toward oil. The extraction of natural gas is reserved for Pemex. CFE, the state monopoly electricity supplier, generates most of the nation’s electrical power. Natural gas is the principal fuel for generating electricity, and nearly 70 percent is purchased from Texas. Mexico has large untapped shale fields; during the Peña Nieto presidency, US energy firms laid plans to extract Mexican natural gas. In February 2021, AMLO’s constitutional amendment foreclosed that possibility. AMLO directed Pemex to expand natural gas production and build several liquefied natural gas (LNG) terminals, but technical and financial obstacles stand in the way.

Canada is the world’s fifth largest natural gas producer, mostly from the Western provinces (British Columbia, Alberta, and Saskatchewan), and exported some 48 percent of its production by pipeline to the US in 2024. Trump has threatened to impose tariffs on all gas imports even while he favors cross-border pipelines. For now, imports that comply with the USMCA are not subject to tariffs. Ontario imports a small quantity of US natural gas produced in the US Appalachian region. Foreign firms are free to invest in Canadian natural gas.

Controversial natural gas issues center on carbon emissions, but the political debate does not intersect with the USMCA review. Environmental groups oppose fossil fuels in general and fracking in particular because burning natural gas emits CO2 and because extraction leaks methane (CH4, the principal component of natural gas). As a candidate, Biden opposed fracking on federal land, but as president he issued multiple permits and encouraged new drilling in response to Russia’s invasion of Ukraine and Europe’s need to find a replacement for Russian natural gas. President Trump is a well- known climate skeptic, and his campaign mantra was “Drill, baby, drill.” Environmental groups will have little if any traction with the second Trump administration.

A related policy flash point is the export of LNG. US energy firms have constructed specialized LNG ports and ships, making the US a major LNG exporter. Presidential permits are required for LNG exports to countries other than US free trade partners—meaning Europe, China, Japan, and many other destinations. While Biden applauded LNG exports to Europe, environmental groups opposed new permits, citing climate concerns. Biden responded to pressure from these groups by “pausing” permits for new LNG export platforms in January 2024. The “pause” was heavily criticized and was reversed by Trump in January 2025.

Currently there is very little prospect of a well-head carbon tax on natural gas (or petroleum) extraction. However, if a sharp reversal of Trump’s climate policies leads to well-head carbon taxes in a future administration, USMCA partners will need to consider the consequences for cross-border trade. If USMCA partners were to choose to follow European practice with value-added taxes (VAT), well-head carbon taxes would be imposed on imports and rebated on exports. But future climate policies in North America might dictate a different outcome—for example, no export rebate.

Renewables

For climate reasons, solar and wind are strongly favored power sources. Geothermal and biomass also count as renewables, but they are much smaller sources. Hydropower supplies over 60 percent of electricity generation in Canada, 10 percent of electricity generation in Mexico, and 6 percent in the US—but without much scope for expansion, even in Canada. For renewable energy, the biggest policy push is on solar and wind. A possible USMCA issue with respect to renewable energy is market access by each partner to subsidized construction in the others. Trump has disparaged both wind and solar energy, however, indicating he will seek to cut subsidies authorized by Biden’s Inflation Reduction Act of 2022 (IRA) and suggesting he will have little interest in expanding cross-border market access within North America.

While the levelized cost of energy (LCOE) of onshore wind in the US has been stable around $0.05/kWh during the period 2013-25, the solar LCOE in the US has declined by around 70 percent, closing the gap with onshore wind (figure 19).

Some contracts are even competitive with levelized gas price projections, showing the great potential of renewable energy going forward.

The US federal government first subsidized wind turbine performance with the renewable energy production tax credit in the Energy Policy Act of 1992, modified and extended several times over the next three decades. The solar tax credit came later, in the Energy Policy Act of 2005, providing a generous 30 percent tax credit to households that installed residential solar panels, and a similar credit for corporate installations. In addition, some state governments added their own subsidies and mandates. Federal renewable subsidies were already large when President Biden was elected. His IRA dramatically ramped up the figure. Corporate tax credits account for most of the roughly $400 billion authorized by the IRA for the clean energy transition. Two types of credits are offered: investment tax credits (ITC), expressed as a percentage of installation cost, and production tax credits (PTC) based on the amount of electricity generated. In addition, both ITC and PTC offer 10 percent bonus tax credits if domestic content rules are satisfied. The bonus credits serve to steer procurement away from foreign sources. In his campaign, President Trump called for repealing the IRA. But Republican Congress members often welcome local IRA projects and usually oppose any effort at repeal.

In his second term, Trump has fought against clean energy projects by terminating subsidies, stalling permitting, and freezing projects already underway. In July 2025, Trump said federal subsidies for “expensive and unreliable” solar and wind energy distort the markets and directed the repeal of these “green” energy tax credits in the One Big Beautiful Bill Act. Though courts have successfully challenged some of Trump’s efforts, the administration has continued to halt multiple offshore-wind projects by paying billions to buy back the leases.

In Mexico, CFE dominates renewable energy production. Since AMLO’s election in 2018, domestic and foreign private firms have faced severe obstacles, almost amounting to a prohibition, for obtaining renewable permits. There is no reason to expect a change during Sheinbaum’s presidency (2024-30). In 2015, the Mexican Energy Transition Law announced an ambitious goal that renewables should account for 35 percent of Mexican electricity energy by 2024. Around 19 percent of electricity generation was achieved for renewables in Mexico, comparing favorably with the US figure of roughly 22 percent in 2022. As the national electric power monopoly, CFE can subsidize solar, wind, and other renewables, but it does not disclose cost figures. The decision to purchase renewable inputs from foreign sources is a matter of CFE discretion.

Both the Canadian federal government and individual provinces offer subsidies to promote residential solar power. In 2021, the federal government launched the Greener Homes Initiative providing grants and loans for household solar use. In 2023, emulating the US Inflation Reduction Act of 2022, the Canadian federal budget enacted a generous 30 percent renewable energy investment tax credit. In the early 2000s, both Ontario and Quebec launched wind turbine subsidy programs with local preference mandates. The Ontario program was challenged in the WTO by Japan and the EU and found in violation.8 By contrast, the 2023 federal renewable ITC does not appear to favor Canadian content.

It remains to be seen whether the USMCA review will tackle local content barriers embedded in US and Mexican renewable energy programs. Given Trump’s attachment to Buy America, this seems unlikely. Trump doesn’t like renewable energy, but he probably likes foreign content even less. Moreover, as a standalone proposition, the gains from saving taxpayer money by competitive North American procurement are probably not strong enough to overcome vested interests in buy-national rules.

Nuclear 

Nuclear power has two virtues: no CO2 emissions and reliable electricity 24/7 whatever the weather. Against these virtues are huge cost overruns in plant construction and formidable political obstacles to safe waste disposal. Consequently, the nuclear share in US and Canadian  power supply has remained constant at around 20 percent and 15 percent, respectively, for 20 years. Mexican nuclear power supplies around 5 percent of the country’s energy needs.

The IRA offers tax credits and loan guarantees for US nuclear power. Bill Gates, founder of Microsoft, and other entrepreneurs have put their money behind novel nuclear power designs. Nevertheless, given safety concerns and strict permitting requirements, it seems unlikely that nuclear power will surge as a share of the North American supply. Meanwhile, no nuclear issues are apparent in the USMCA review.

Electricity 

Transmission issues bedevil electric power both within each country and across the US-Mexico and US-Canada borders. The technology of electricity transmission is well understood, but the vexing problem is that transmission lines are unpopular. In the US, multiple local, state, and federal agencies must approve any major new transmission line. Approval can take seven years or longer. Solar and wind farms located in wide open rural spaces consequently face delays in sending power to urban areas. The problem was well understood when the IRA was enacted, yet Congress failed to include federal preemption of state and local permitting restrictions in the new federal law. However, one of Trump’s Executive Orders indicates that his administration might override state and local objections to high voltage transmission lines.

The provincial-owned firm Hydro Quebec exports large quantities of electricity to New York and the New England states, while hydropower companies in Ontario and British Columbia export to other northern US states. Texas exports some electricity to Mexico. Other than the customary obstacles associated with the construction of new transmission lines, there are no apparent USMCA issues in cross-border electricity flows.9

Despite the absence of disputes in the cross-border exchange of electricity under the USMCA, these flows have become controversial in the midst of US tariff measures threatened or imposed by the second Trump administration against Mexico and Canada. After the temporary suspension of US tariffs on Canada and Mexico, but in light of the continuing threat, Ontario Premier Doug Ford threatened a 25 percent tax on electricity sales that would affect New York, Michigan, and Minnesota. But the tax was not implemented as tensions surged after President Trump threatened to double the expected 25 percent tariffs on steel and aluminum in counterretaliation to Ford’s tax threat. In June 2025, the 50 percent tariffs were imposed on selected steel, aluminum, and derivative products, with the list of covered derivative products expanded in August 2025 and further adjustments made in 2026.

The use of established USMCA processes and unilateral tariff and tax measures on energy trade flows will be highly relevant during the USMCA review. Even though some sources of energy have remained free of tensions under the USMCA, heavy US tariffs and nationalistic Mexican policies are both undermining North American energy cooperation. 

USMCA Review: Environmental Issues

At least since the 1990s, environmental groups in the US and in many of its trading partners have raised concerns about trade agreements. These groups maintain that trade accords wipe out farming livelihoods and encourage destruction of forests, carbon emissions, mining, drilling, and other forms of pollution. More specifically, the criticism centers on the claim that foreign investment in developing economies allows companies to challenge local environmental laws and regulations.

Environmental issues were an afterthought when the original NAFTA was negotiated between President George H.W. Bush, President Carlos Salinas of Mexico, and Prime Minister Brian Mulroney of Canada. In his presidential campaign that year, Governor Bill Clinton of Arkansas was wary of embracing NAFTA because of labor and environmental concerns among Democrats. After he was elected, his administration negotiated two “side agreements” for NAFTA—one on labor, the other on environment—to answer the misgivings. Negotiations centered on the concern that Mexico would relax its environmental and labor standards to attract foreign investment. Accordingly, the two side agreements called for NAFTA members not to lower their standards to induce investment. Even so, US ratification of NAFTA in November 1993 was a hard fought battle, with 234 yeas and 200 nays in the House of Representatives. Among Democratic members, only 102 voted in favor and 156 opposed.

The two side agreements ensured ratification of the NAFTA package, but their results in subsequent years disappointed labor and environmental advocates. The environmental side agreement established a Commission on Environmental Cooperation (CEC) in Montreal. When an environmental complaint is submitted about practices in a member country, the CEC was supposed to develop a factual record if it deemed an investigation is warranted. The factual record may prod action and can inform consultation but does not compel resolution of the grievance. According to the CEC, some 107 submissions were received between 1995 and 2024, and 27 factual records were created.10

The NAFTA environmental agreement focused on local issues, like disposal of hazardous waste and protection of wildlife, but did not call out CO2 emissions or climate change. Yet between NAFTA implementation in January 1994 and its renegotiation during the first Trump administration in 2018, climate change escalated to the number one global environmental issue. As a climate skeptic, however, Trump announced on June 1, 2017, that the US would withdraw from the Paris Agreement on climate change signed during the administration of President Barack Obama in 2015. Under the terms of the agreement, however, US withdrawal did not become effective until November 2020, but once Trump announced withdrawal, the US ceased to actively participate in Paris Agreement proceedings.11 President Biden rejoined the international pact in 2021, but Trump again announced US withdrawal, effective January 2026, when he reclaimed the White House in January 2025.

Consequently, it came as no surprise that climate change was not mentioned during USMCA negotiations during President Trump’s first term in 2018. Nevertheless, Chapter 24 of the USMCA enumerates seven multilateral agreements and several additional environmental concerns (air pollution, maritime pollution, fish stocks and fishery management, invasive species, and forestry practices) that member countries should respect. It extended the CEC secretariat and the provisions for submissions and factual records and also added a dispute panel system. At the end of the day, like its NAFTA predecessor, the USMCA does not authorize penalties for breaching multilateral agreements or worsening enumerated environmental conditions.

Chapter 20 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), negotiated by 11 countries, is broadly similar to Chapter 24 of the USMCA, calling for national observance of multilateral agreements and other environmental concerns. The CPTPP serves as the successor to the Trans-Pacific Partnership (TPP), which the US left on January 30, 2017, at Trump’s direction. It’s worth noting that the TPP environmental chapter did not include the words “climate change.” Instead, it called for the “Transition to a Low Emissions and Resilient Economy.” President Obama’s negotiators refused to use the words “climate change” for fear they would cost needed Congressional ratification votes. But in any event the TPP was concluded too late in Obama’s second term for ratification.

The content of the TPP environmental chapter was essentially replicated in the CPTPP,12 its successor after the US withdrew. Like USMCA Chapter 24, CPTPP Chapter 20 creates submission and factual reporting procedures, encourages consultations between parties, and establishes a dispute panel system—but does not authorize penalties. Mexico and Canada are both CPTPP members.

Given this background and similarities between USMCA and CPTPP chapters, and the policies of the Trump administration, it seems highly unlikely that the North American partners will make substantive changes to existing USMCA environmental obligations.

USMCA Review: Farm Trade

The cross-border flow of farm products to and from the US, Canada, and Mexico has always been a fraught issue for trade negotiators. Back in the early 1990s, the NAFTA opened Mexico and Canada to US agriculture exports—but up to a narrow limit for Canada. US farmers, dissatisfied with the NAFTA trade rules, won some improvement when the USMCA was enacted in 2020, the last year of President Trump’s first term.

The problem is that farmers in all three countries want more access to markets in the neighboring countries, and less access from those countries to their own markets in farm products. In the current protectionist climate, more liberalized trade of farm products seems unlikely.

The USMCA devotes three chapters to aspects of farm trade: Chapter 2 (National Treatment and Market Access for Goods); Chapter 3 (Agriculture); and Chapter 9 (Sanitary and Phytosanitary Measures).

USMCA Chapter 2 (National Treatment and Market Access for Goods) lays out each country’s tariff schedule on imports from its partners. For the great majority of tariff lines, the applicable duty rate is zero. However, each country’s tariff schedule contains an appendix that lists tariff lines subject to continuing tariffs and tariff-rate quotas (TRQs). A TRQ limits how much a product can be imported at a lower tariff rate. Nearly all the not-free-trade lines cover farm trade. Canada’s limits on US exports are concentrated in poultry, milk, cream, cheese, sugar, chocolate and food preparations that contain significant quantities of these items. Many of the not-free-trade items are subject to TRQs that are scheduled to phase out between 6 and 11 years. The US imposes barriers on Canadian exports in the same broad categories minus poultry but plus peanuts and cotton, again to be phased out between 6 and 11 years.

US-Mexico sugar trade is regulated in both directions. Canadian imports of sensitive items from Mexico are subject to highly restrictive most favored nation (MFN) tariffs. Mexico similarly restricts Canadian exports of poultry, milk, cheese, yogurt, eggs, raw sugar, sweetened powdered cocoa, ice cream, and kindred products.

Despite restrictions, US two-way trade with its neighbors is substantial. In 2025, US agricultural exports to Mexico totaled $30.6 billion and to Canada another $28.7 billion. US agricultural imports from Mexico were nearly $43.9 billion and from Canada $39.3 billion.

Figure 20 shows the main farm products in US-Mexico and US-Canada two-way trade in 2025. The listed products imported from Canada amounted to $10.7 billion, with rapeseed colza or mustard oil topping at $3 billion. Fruits and vegetables (fresh or dried) are among the main farm products the US imports from Mexico, adding up to $10 billion, and corn and soybeans are the main exports to Mexico at $8.4 billion in 2025.

The less-than-free trade in North America results from entrenched defensive agriculture sector lobbies ready to do battle, a phenomenon that has curtailed trade for decades. In the background of President Trump’s proposed or threatened tariffs against Canada and Mexico is the looming deadline for the USMCA review. Any good intentions to liberalize farm trade will run up against political realities.

Separately, although official tariff rates enable more free agricultural trade between the US and Mexico, other tools can be used to impede imports. For example, US imports of Mexican tomatoes have faced antidumping and countervailing duties for decades, on the ground that tomato imports get unfair subsidies to compete at below-market prices (see Chapter 3). Back in 2023 Mexico invoked biotechnology and sanitary and phytosanitary (SPS) restrictions on US exports, notably corn—much to the irritation of US farm senators. These restrictions, still in place, are addressed in Chapter 9 of the USMCA.

USMCA Chapter 3 (Agriculture) addresses several more aspects of farm trade. It prohibits export subsidies on agricultural trade between partner countries and disciplines the imposition of export controls. It spells out detailed procedures for addressing the Low Level Presence (LLP) of DNA from genetically engineered agricultural goods in imported farm products. These procedures are among the issues raised by the US-Mexico corn dispute, discussed below. And it gives detailed guidance for the administration of TRQs, a matter of intense dispute between the US and Canada over dairy trade.

USMCA Chapter 9 (Sanitary and Phytosanitary Measures, or SPS) devotes 22 pages of legal text to spell out and qualify two conflicting propositions: countries have the right to protect their citizens from farm products that pose a risk to human, animal, or plant health and safety; but SPS restrictions should not unnecessarily interfere with trade or discriminate between partners, and they should be based on “sound science.” USMCA Chapter 9 builds on the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, which wrestles with the same two conflicting propositions. It doesn’t take a legal degree to anticipate that national SPS authorities will disagree on the balance between deflecting risk and fostering trade. And that they will disagree as to which research findings constitute “sound science.” Nor can it come as a surprise that SPS trade restrictions can easily serve as the cover for commercial protection.

Corn is the largest US farm export to Mexico, followed by soybeans. The two main corn  varieties are white corn for human consumption and yellow corn for animal feed.

In 2025, total US corn exports to Mexico (HS code 1005) amounted to 26 million tons, worth some $6 billion. The Mexican USMCA tariffs on both varieties are zero, but the Mexican MFN rate (applied to imports from countries other than Mexican FTA partners) on white corn is 20 percent, while yellow corn is duty free. Corn is a staple crop in rural Mexico and essential to the livelihood of over 5 million farmers, who produced some 25 million  tons in the 2025/2026 marketing year.13 White corn accounts for almost 90 percent of Mexican production. Successive Mexican governments have launched multiple trade barrier measures to raise the price of corn or otherwise boost farm income. Given the magnitude of Mexican imports of US corn (predominantly yellow corn)—roughly the same size in 2025 as total Mexican corn production (predominantly white corn) in volume terms—the potential impact on domestic Mexican prices is substantial. By limiting imports of either variety, thereby boosting prices, the government might raise the income of Mexican farmers.14 If Mexican imports of yellow corn are limited, farmers could easily switch more of their fields from growing white corn to growing yellow corn.

Thus, in February 2023, Mexico issued a Decree Establishing Various Actions Regarding Glyphosate and Genetically Modified Corn, endangering a major US export market for corn. An earlier decree, issued in 2020, put genetically engineered (GE) corn imports on notice of prospective limitations. The 2023 decree immediately banned GE corn for flour production, mainly used to make tortillas, and called for the phase-out of GE corn for animal feed. Whatever protectionist intent the decree harbored, it had two rationales: first, the possible GE risk to human, animal, and plant safety; and second the imperative of food self-sufficiency for white corn. The risk argument, invoking the supposed danger to human, plant, and animal safety, draws on “precautionary principle” claims advanced by the European Union in agricultural disputes with the US. As well, since Mexico has long banned the domestic production of GE corn, the decree sought to avoid the introduction of GE strains to rural Mexico through imported corn.

Reacting quickly, in March 2023, the USTR initiated technical consultations with Mexico, citing notification and consultation provisions in USMCA Chapter 9. Technical consultations can at best lead to advisory opinions from qualified experts, but they cannot resolve a dispute. Accordingly, in June 2023, USTR held dispute settlement consultations with Mexico, again citing USMCA Chapter 9, followed in August 2023 by the creation of a dispute settlement panel. This action was applauded by Senators and Congress members representing farm districts, and by powerful farm lobbies. The reason for applause was clear: between January 2017 and August 2022, US exports of white corn to Mexico averaged 69 tons a month; between September 2022 and May 2023, exports plunged to 8 tons per month.

The panel was formed in October 2023, chaired by Christian Haberli, a Swiss trade expert, with Hugo Perezcano Diaz (Mexico) and Jean E. Kalicki (US) as members. At the end of January 2024, the panel announced it would hold a hearing in June and issue its report in fall 2024. The US argued that Mexico has not followed the notification and consultation procedures agreed in the USMCA, and that Mexico failed to provide adequate scientific evidence that GE corn poses a risk to human, animal, or plant safety. Mexico argued that its 2020 decree provided ample notice, that meetings with USTR officials satisfied consultation requirements, and that various studies (often from European sources) establish the requisite degree of risk.

In June 2024, USTR joined the panel hearing to challenge the Mexican measures, such as its Tortilla Corn Ban and the Substitution Instruction, and their violation of USMCA obligations. Mexico distinguishes between corn for direct human consumption (e.g., tortillas) and GE corn for industrial uses (e.g., starch), defending its 2023 decree as protecting native corn, mitigating health risks, and promoting food self-sufficiency. The final report ruled in favor of the US. It was published on December 20, 2024. Mexico’s Economy Ministry in conjunction with the Ministry of Agriculture released a statement in which they expressed their will to comply with the decision. A few days after the US administration provisionally paused the imposition of 25 percent tariffs on imports from Mexico and Canada, Mexico repealed the February 2023 decree, a decision that was welcomed by USTR. In 2025, a constitutional amendment was enacted in Mexico to ban the planting of GE corn.

Since GE crops represent a growing share of US farm exports, complete victory in the corn dispute with Mexico sets the tone to establish a valuable precedent for US farm trade with the world.

Since Mexican exports to the US of agricultural products ($43.9 billion in 2025) substantially exceed Mexican imports from the US ($30 billion in 2024), the US has leverage over trade in farm products from Mexico, and a US threat of retaliating against Mexican farm exports would have served as a powerful lever had Mexico not implemented the adverse panel decision or had the US not paused the imposition of 25 percent tariffs on USMCA partners.

It seems unlikely that Mexico will attempt to rewrite Chapter 9 during the USMCA review, in an effort to open the door for a more favorable outcome in a future GE dispute.  A revision of Chapter 9 favoring Mexico’s antipathy to GE corn would be strongly opposed by US farm states.

USMCA Review: Government Procurement

Before the modern trade agreements of the post-World War II era, it was considered natural for countries to favor their own domestic suppliers and contractors in government procurement. Then as world trade opened up, it was equally natural for the US and other countries to want to press for openness and the ability to sell services and supplies for massive government spending projects undertaken by their trading partners.

The United States, Canada, and Mexico reached a limited agreement opening up government procurement to each other in the original NAFTA of 1994. But by the time President Trump renegotiated NAFTA in his first term, enthusiasm over open government procurement rules waned, replaced by ardor for “Buy America” imperatives that were embraced as well by President Biden.

Accordingly, the USMCA signed by Trump in his last year in office limited the ability of Mexico and Canada to bid for US government procurement contracts. It is doubtful that any revision of the USMCA in 2026 will expand the ability of trading partners to go back to more open bidding for such contracts in the future.

Some history of the evolution of government procurement agreements helps clarify where the three North American trading partners are today.

The Tokyo Round of Multilateral Trade Negotiations (1974-79) established the first Government Procurement Agreement (GPA) opening specified national procurement to foreign competition. The agreement applied only to GPA members and not to the postwar General Agreement on Tariffs and Trade (GATT) members at large.15 The first GATT GPA was expanded in 1987. When the World Trade Organization was created as a successor to the GATT in 1995, a new edition of the GPA emerged, which was revised in 2014.

Canada and the US were founding GATT GPA members and continued as signatories to subsequent editions. Mexico, like most developing countries, never joined the GPA.16 Consequently, the WTO GPA applies to US and Canadian procurement while USMCA Chapter 13 applies to US and Mexican procurement.

Because Mexico did not subscribe to GPA obligations, and because the United States wanted GPA-plus concessions from its North American partners, NAFTA Chapter 10 (Government Procurement), implemented in 1994, spelled out obligations between North American partners. Of significance to the US and Canada, Mexico opened some procurement by its powerful state energy monopolies, Pemex and CFE, as well as other government agencies and entities. The US and Canada made reciprocal concessions.17

The text of NAFTA Chapter 10 details requirements for qualifications, notice and tendering of government contracts. The reason is that government procurement agencies tend to be more concerned about preserving relations with established national suppliers than saving taxpayer money, unlike private procurement officers who energetically seek savings for the corporate bottom line, and readily buy from the most competitive supplier, domestic or foreign.

While NAFTA Chapter 10 did not open procurement either by the US or Mexican states or the Canadian provinces, it promised future negotiations (which never happened). By contrast, the WTO’s GPA provision committed certain US state and Canadian provincial procurement to competition from other GPA members.

NAFTA Chapter 10 was tested in the global financial crisis of 2007-2009 and found wanting. As one measure to stabilize the US economy, the Obama Administration in its first months in office persuaded Congress to pass the $800 billion American Recovery and Reinvestment Act of 2009, committed to infrastructure projects. Buy America provisions were inserted for steel and manufactured goods, arguably contravening both the WTO GPA and NAFTA Chapter 10 but considered necessary to ensure its passage.

President Barack Obama’s USTR lawyers tried to reconcile these international obligations with the Buy America spirit, but their workaround measures satisfied neither Canada nor Mexico. Obama’s Buy America precedent set a pattern for the Trump and Biden administrations. President Biden was a dedicated Buy America advocate, both in his campaign and in the White House—despite high taxpayer cost and foreign grievances. A recent NBER paper confirms that Buy America requirements may have created 100,000 manufacturing jobs, but at a cost of more than $110,000 per job. Current Buy American content rules are scheduled to raise the required share of US intermediate inputs from 50 percent to 75 percent by 2029, in turn raising the cost per US job to figure between $154,000 and $238,000.

The USMCA Chapter 13 (Government Procurement), negotiated in 2018 under Trump, was crafted under a different star than NAFTA Chapter 10. No longer did the United States champion open competition for government contracts. Neoprotectionism had superseded neoliberalism. Within the lengthy USMCA Chapter 13 text and schedules, three features ensure ample room for Buy America—and likewise for Buy Mexico and Buy Canada.

First, USMCA Chapter 13 was confined to the United States and Mexico; Canada was no longer a party (though US-Canada procurement rights were still covered by the WTO GPA). Second, there was no coverage of US or Mexican states, nor any suggestion that sub-federal coverage might be negotiated in the future. This meant that expenditure of federal funds that “flowed down” through state agencies—the dominant channel for Biden’s $1.2 trillion Infrastructure Investment and Jobs Act and an important channel for his $800 billion Inflation Reduction Act of 2021—was not covered. Third, Pemex and CFE were allowed to set aside annually hundreds of millions of dollars of procurement not subject to US competition.

These limitations reflected the reality of political affection for Buy America, both in the Trump and Biden administrations. Running for reelection in 2024, Biden repeated his “Made in America” promises 29 times in a campaign document. Moreover, he committed to close loopholes that allow foreign content to creep into American made goods purchased by the federal government. Like Trump, Biden is politically attuned to preserving and expanding manufacturing jobs, for iron and steel melted and poured on American soil, and for the merchant marine as a carrier of goods between US ports (protected by the Merchant Marine Act of 1920, also known as the Jones Act). The claim of generating well-paid employment is central to the argument for spending taxpayer dollars solely on American goods.

Analysis done at the Peterson Institute (prior to the mentioned NBER paper) concluded that Buy America provisions are equivalent to a 26 percent ad valorem tariff on government procurement, and that similar restrictions in Canada amount to a 36 percent tariff and in Mexico to a 38 percent tariff. These are high tariff-equivalent figures, implying substantial cost elevation on government contracts. Buy America, like other buy national policies, essentially shuffles jobs from other sectors of the economy, including exports, to the government procurement sector.

Despite the high cost, President Trump’s devotion to Buy America makes it almost certain that the United States will not propose more open regional procurement provisions in the USMCA review. Possibly President Claudia Sheinbaum of Mexico might welcome more competition in Mexican government procurement, if only to get better value for public funds. The same sentiment might be embraced by the Canadian prime minister Mark Carney. If so, Mexico and Canada might propose attractive liberalization packages in schedules to USMCA Chapter 13 as enticement for the US to do the same.

But unless Mexico and Canada take the initiative, nothing much is likely to change in North American government procurement.

USMCA REVIEW: Investment Disputes

Booming trade in goods and services between the US and Mexico has received most of the attention by analysts of economic interdependence. Less noticed, perhaps, has been the growth of mutual foreign direct investment (FDI), led by US firms holding nearly $159 billion of FDI stock in Mexico in 2024, making the US the top source of foreign investment in that country. Much of that investment has been in manufacturing automobiles and auto parts for export to the US, as well as food and beverage products also for export.

This investment has been facilitated over the years by the NAFTA, which was proposed in the early 1990s by President George H.W. Bush and negotiated and enacted by President Bill Clinton in 1994. To encourage such investment, NAFTA contained strong provisions to protect US investors from expropriation and other arbitrary actions in Mexico, which had a history of nationalizing the energy assets and interfering in other sectors of the economy with sometimes arbitrary regulations.

When NAFTA was renegotiated in the first term of President Trump, however, his top trade envoy, Robert Lighthizer, then the protectionist-inclined trade czar, took a dim view of the investment arbitration provision in NAFTA. His view was that the provision provided an implicit subsidy for US firms to invest abroad by reducing the risk of arbitrary behavior by host governments with uneven judicial systems and weak property rights. Lighthizer preferred that US firms themselves bear the risk of investing in Mexico—or better invest in America. Consequently, Article 14 of the USMCA significantly curtailed investment protection in Chapter 11 of NAFTA, with quite different provisions as between US-Mexico and US-Canada disputes.

US-Mexico. As between the US and Mexico, for most sectors under Article 14 of the USMCA, new cases of unfair treatment of US investments could only be brought by citing denial of national treatment or most favored nation treatment, or by citing direct expropriation. US investors could not invoke a previous provision of NAFTA that allowed for making the broader claim of denial of “fair and equitable treatment.” Moreover, foreign investors had to first seek relief in the Mexican judicial system before invoking USMCA Article 14. However, under Annex 14-E, new cases in the important oil and gas sector and four other sectors entailing government contracts—electric power, telecommunications, transportation, and transportation infrastructure (namely roads, railways, bridges, and canals)—could be based on denial of fair and equitable treatment as well as the traditional discrimination and expropriation grounds, and they need not be preceded by litigation in Mexican courts.

For three decades, Mexico has benefited from reassuring foreign investors that their apprehensions over the Mexican judicial system could be allayed by resort to arbitration. In fact, after NAFTA entered into force in January 1994, Mexico signed 31 bilateral investment treaties and 11 free trade agreements, all containing investment protection provisions. Since 1997, some 55 investment claims have been brought against Mexico under these treaties and agreements, 40 of them by US and Canadian investors. Almost half the claims have been brought since 2018, the year USMCA negotiations were concluded. Yet, as shown in figure 21, since NAFTA, FDI to Mexico has boomed. In the past decade, about half of inward FDI to Mexico has arrived from countries other than the US and Canada—mostly European countries and Japan. As of 2024, arbitrators have awarded $341 million claims against Mexico, a comparatively small sum even if investor protection clauses only motivated as little as 5 percent of inward FDI flows.

In 2026, as the USMCA review is under way, crosscurrents of political and economic nationalism in the US will shape Mexico’s inward FDI. Mexico is laboring under cartel violence, murders of visiting US tourists, new US tariffs, and the constitutional changes in 2025 that enabled the political election of judges. On the other hand, rising anti-China sentiment in the US may encourage companies that export to the US to relocate to Mexico, a trend that the Trump administration might deem as positive. Mexico may well decide that retaining, and even strengthening, the investor protection provisions of Article 14 will best serve its national interests. If so, neither the US nor Canada will object. On the other hand, if Mexico decides that Article 14 creates more hassle than its contribution to FDI inflows is worth, neither the US nor Canada seems likely to defend investor protection.

US-Canada. Canada is an even bigger location for US FDI than Mexico, in part because there are fewer concerns about the safety of these investments. US FDI stock in Canada in 2024 was $460 billion, making the US once again the biggest foreign investor in that country. Investments are concentrated in manufacturing (again much of it for export to the US), finance, and insurance, which take advantage of Canada’s abundance of skilled workers and natural resources, and the reliability of Canada’s parliamentary system of government. Nevertheless, or perhaps because Canada was considered a reliable investment partner, investment protections have been eased by the USMCA compared with NAFTA. Under USMCA Annex 14-C, the prior NAFTA Chapter 11 provision is only available for “legacy” cases, involving pre-USMCA investments. Legacy claims had to be launched within three years after NAFTA was terminated, namely before July 1, 2023. No new claims can be brought for cases arising after the USMCA entered into force in June 2020. Consequently, Article 14 of the USMCA significantly curtailed investment protection previously available under Article 11 of NAFTA.

The most important legacy case, citing NAFTA Chapter 11, but brought under USMCA Annex 14-C, was the Keystone XL pipeline, designed to bring oil from Alberta Province to Nebraska, where it would then be carried through established pipelines to Houston refineries. Under a series of Executive Orders, beginning in 1968, US presidential permits are required for oil and gas pipelines, and electric transmission lines, that cross either the Canadian or Mexican border. In November 2015, reflecting the protests of environmentalists and Native Americans, President Barack Obama denied a permit for the Keystone XL pipeline. In March 2017, President Trump reversed course and issued the permit, allowing construction to commence. But when he entered the White House in January 2021, President Biden revoked the permit. TC Energy, the Canadian sponsor of Keystone XL, then launched its NAFTA Article 11 legacy case, claiming a loss of $15 billion. By a 2-1 vote, the arbitrators decided against TC Energy. The decisive argument was that Biden’s permit denial occurred after NAFTA was terminated in June 2020, and therefore the claim was not susceptible to adjudication under USMCA Annex 14-C. Needless to say, TC Energy felt cheated by the confusion surrounding these permitting decisions and the arbitration outcome. President Trump signaled his willingness to reverse the Biden permitting decision and approve the Keystone pipeline, but TC Energy has not revived the project. Trump granted approval in April 2026 for the construction of the similar Bridger Pipeline Expansion, sometimes called “Keystone Lite.”

Nevertheless, hostility to investor protection provisions, expressed not only by Lighthizer but also by numerous US and Canadian academic commentators, practically ensures that there will be no revival of NAFTA Chapter 11 in the course of US-Canada talks during the USMCA review. In fact, at the very end of its term in office, the Biden administration sought to further weaken investor-state dispute settlement (ISDS) protections under US trade agreements, including the USMCA.

However, some 38 Canadian trade agreements, apart from the USMCA, contain foreign investor trade protection provisions. As figure 22 shows, FDI to Canada has grown significantly since NAFTA was ratified in 1994. But investor protection provisions in trade agreements probably make little difference to foreign investment in Canada.

Likewise, the US has some 50 agreements in force containing investor protection provisions with countries other than Mexico and Canada. Again, as figure 22 shows, inward FDI to the US has grown steadily since NAFTA was ratified. But investor protection provisions in trade and investment treaties probably made no difference to the pace of expansion. It is noteworthy that the level of inward FDI flows has not changed much in any of the USMCA partners over the past decade.

Canada-Mexico. Under USMCA Article 14, Annex 14-C, only legacy cases launched prior to the USMCA’s entry into force in June 2020 can be brought between Canada and Mexico. However, since both countries are signatories to the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP which entered into force in 2018, Canadian and Mexican firms can seek investor protection arbitration under CPTPP rules.

China-Mexico. Chinese direct investment in Mexico has grown significantly, expanding already strong trade ties in the manufacturing sector. This investment flow has triggered mounting US concerns that Mexico has become a “backdoor” for Chinese goods entering the US market, particularly in the transportation sector (mainly autos and parts). Seeking to allay US concerns, Mexico points out that investment from China is small compared with investment from other regions. In a 2024 report, Rhodium Group identified some $13 billion of Chinese FDI transactions into Mexico, far higher than a stock of $1.8 billion recorded by the OECD and $4.9 billion recorded by China’s Ministry of Commerce (MOFCOM). While this gap is partly due to investments entering through offshore entities based in Hong Kong or elsewhere, an upward trend in FDI from China and Hong Kong has been observed since the USMCA (figure 23). This trend has been particularly noticeable since 2022.

The role of China in exporting to the US through the “backdoor” of Mexico has compelled the Trump trade team to call for stricter “rules of origin” requiring Mexican exports to contain higher levels of North American and US inputs to qualify  for trade preferences, particularly in the auto sector.  As well, Trump may insist that Mexico impose limits on Chinese investment.

USMCA Review: Labor Issues

Organized labor in the US has grown increasingly skeptical of US trade deals. Union leaders maintain that free trade has hollowed out industry and cost jobs, especially in the manufacturing sector. Labor’s supporters in Congress thus had to be placated when President Bill Clinton scrounged for votes in 1993 to ratify NAFTA, previously negotiated under President George H.W. Bush. To lure those votes, Clinton worked with Canada and Mexico to craft environmental and labor “side agreements” to the NAFTA text. The side agreements called on each NAFTA partner to enforce its own environmental and labor standards and not to weaken those standards as a means of attracting foreign investment.

Since ratification of NAFTA and its enactment in 1994, labor agreements have been part of nearly all trade negotiations that require Congressional approval, including the USMCA signed by President Trump in his first term. But organized labor and Congressional Democrats will seek strengthened labor protections as the USMCA is renegotiated in 2026.

NAFTA was approved in 1993 on a fiercely contested Congressional vote of 234 yeas to 200 nays, with only 102 House Democrats in favor. It was clear that the labor side agreement, formally titled the North American Agreement on Labor Cooperation (NAALC), enabled its ratification, although the accord’s opponents included not only organized labor but also critics of globalization and some environmental groups. The critics complained that the NAALC did not require Mexico to raise its labor standards and did not contain a robust system for ensuring compliance. The NAALC did provide for the submission of complaints to each National Administrative Office (NAO), and the possibility of arbitration, monetary penalties, and ministerial consultations. Through 2015, some 39 submissions were received by NAOs, of which 13 were received against Mexican practices by the US NAO, the Office of Trade and Labor Affairs (OTLA) in the US Department of Labor. Eight of the OTLA submissions led to Ministerial Agreements, but there were no arbitration panels or monetary penalties. NAFTA opponents characterized this record as a paper chase with no benefit. 

President George W. Bush (2001-2009) concluded 13 new free trade agreements (FTAs) during his White House tenure. When negotiations were underway for the US-Peru FTA in 2007, Congressional Democrats threatened to withhold support unless labor provisions stronger than the NAFTA model were written into the text. This demand was the subject of the May 10, 2007 agreement between the White House and Congress. Labor provisions were the centerpiece of the May 10 agreement with Congress, but it also covered environmental compliance, medicines, investment, and government procurement. Chapter 17 of the US-Peru FTA, ratified in 2009 and formally named the Peru Trade Promotion Agreement (PTPA), carries out the May 10 agreement. Similar provisions are contained in subsequent US FTAs.

The cornerstone of Chapter 17 of the Peru accord is the obligation of parties to enact statutes and regulations that implement the five “Fundamental Principles and Rights at Work” enumerated in the International Labor Organization (ILO) Declaration of 1998 and amended in 2022. The five principles are (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of compulsory or forced labor; (c) the effective abolition of child labor; (d) the elimination of discrimination in respect of employment and occupation; and (e) a safe and healthy working environment. Chapter 17 thus went beyond the NAFTA obligation to “enforce your own laws” and upgraded the labor standards to meet the May 10 obligation through the adoption of ILO principles. If consultations do not resolve a labor dispute, Chapter 21 in the Peru accord (PTPA) provided an arbitration mechanism followed by withdrawal of PTPA concessions as the ultimate penalty.

President Trump was in the process of courting organized labor when the USMCA was negotiated in 2018, and the AFL-CIO used its leverage to insist on more robust labor enforcement provisions than PTPA Chapter 17. Likewise, concerns voiced by Trump in his first term on auto production in Mexico led to two significant outcomes: the creation of the facility-specific Rapid Response Mechanism (RRM), which allows the US to act quickly if Mexico is violating workers' rights at a specific workplace, and the establishment of labor value content (LVC) requirements in the auto sector, which requires that at least some of a vehicle’s production take place in a “high-wage” environment. These provisions were established as a condition of preferential treatment in exporting to the US. 

The RRM in Annex 31-A of USMCA Chapter 31 applies just to the US and Mexico. Basically, the RRM facilitates the rapid formation of an arbitral panel, issuance of the panel decision, and imposition of appropriate penalties on exports by the offending plant. In September 2024, USTR issued a Fact Sheet recounting 27 RRM cases pursued by the US against deficient labor practices in Mexican plants, including unpaid backpay claims, reinstatement of workers, and union representation. Some 36,000 Mexican workers were said to have directly benefited from these RRM cases. Reflecting the importance of auto trade between the US and Mexico, many of the cases involved auto plants. The US has continued to apply the RRM between January 2025 and May 2026 and requested review for another 16 cases.

In addition to the RRM provision, the USMCA’s LVC requires that 40 to 45 percent of the value of autos and parts exported by each Mexican plant be produced by workers earning average wages of at least $16 an hour. This condition is spelled out in Article 7 of the Appendix to Annex 4B of USMCA Chapter 4 on Rules of Origin. The LVC was designed to ensure that more content embedded in autos came from the US, given the wage differential between Mexico and the US. This differential has narrowed since the implementation of the USMCA but remains significant (figure 24): US earnings in the auto manufacturing sector are six times the wages in Mexico.

At the time of writing, neither organized labor nor progressive Democrats have tabled detailed proposals to amplify the USMCA labor provisions. But it would be surprising if those groups did not at least seek expedited imposition of monetary awards against offending Mexican plants and broader and higher minimum wage levels.  Unions including the IAM have called for measures to strengthen the RRM in the 2026 review.

USMCA Review: Softwood Lumber

Canada and the US have been fighting over Canadian softwood lumber exports for at least four decades—possibly setting a record for trade disputes. Successive US administrations have charged that Canadian subsidies unfairly bolster its lumber industry and promote dumping into the US market.

A central issue is how to take into account the structural differences of the industries in both countries. The US claim that Canada unfairly subsidizes its lumber industry stems from the fact that most Canadian forests are publicly owned. Canada’s provincial governments in British Columbia and elsewhere charge prices for cutting timber (known as stumpage fees) that the US argues are so low they act as a subsidy for Canadian producers. In the US, timberlands are mostly in private hands, located in politically important states in Georgia, Alabama, the US northwest, and Maine. Private forest owners are free to charge higher prices for harvesting trees when demand is strong.

These differences have led to a succession of countervailing duty and antidumping actions by the US, despite the desire of US homebuilders to purchase lower-priced lumber from Canada. The disputes have echoed through many rounds of negotiations, starting with the Canada-US Free Trade Agreement (CUSFTA) in 1988 and continuing through NAFTA in 1994, and finally the USMCA under President Trump in 2018. All of these trade deals failed to devise a permanent solution to softwood lumber trade. Temporary agreements have been reached, only to expire, reviving the long-running grievances.

The US imported an average of $6 billion of softwood lumber annually from Canada during 2014-26Q1—mainly used for home construction and all subject to US countervailing and antidumping duties (figure 25, left panel). The import volume of lumber from Canada during this period has been steady at around 30 million cubic meters (figure 25, right panel), which is equivalent to approximately 13 billion board feet. Current combined duties range from 26.47 to 47.59 percent. A 25 percent tariff or more on top of that, as envisioned by Trump, would make the total much higher.

Because of the failure of negotiators to resolve lumber issues, disputes have followed their own meandering track in the US International Trade Commission (USITC), the US Court of International Trade, binational arbitration under CUSFTA and NAFTA, the WTO Dispute Settlement Body, and direct negotiations between US and Canadian officials. Given this history, officials may choose to ignore softwood lumber in any review of the USMCA. Figure 26 shows lumber prices over the period 2014-26 (through June 2026, at the time of writing), with two notable peaks in May 2021 and early 2022, partly due to the rise in housing demand during the pandemic. Between July 2024 and February 2025, US prices rose from around $420 per thousand board feet to around $600. Widespread damage from hurricanes and wildfires added to the lumber demand. Suspending penalty duties on imports from Canada would be a useful anti-inflationary measure, if the Trump administration gave greater weight to the interests of households than the interests of softwood lumber plantation owners in the southern states and the Pacific northwest.

Yet disputes have proven intractable for at least four reasons:

  • The US and Canadian softwood lumber industries are critical components of regional economies in both countries—southern US states such as Georgia and Alabama, and Washington and Oregon in the northwest US; and British Columbia, Ontario, and Quebec in Canada.
  • There is little or no cross-border ownership of lumber companies that might otherwise mitigate trade disputes. Moreover, Canada does not permit the export of whole logs.
  • As mentioned above, Canadian timberlands are almost entirely owned by provincial governments, and stumpage rights are sold to Canadian companies at administered prices rather than auctioned at market prices. By contrast, in the US, lumber companies either own the timberland or purchase stumpage rights at market prices. Canadian stumpage prices are consistently cited as a subsidy.18
  • While import restrictions perhaps added $18,600 to the cost of a new American home between August 2021 and April 2022, the voice of the National Association of Home Builders is no match for the US lumber industry.

Past episodes in the softwood lumber saga have been temporarily resolved, after extensive litigation, in various ways.19 The first episode, initiated in 1982 and known as Lumber I, resulted in a USITC finding of no injury to the US industry. The second episode, initiated in 1986 and known as Lumber II, resulted in a Department of Commerce–imposed 15 percent countervailing duty and a USITC finding of injury. The duty was waived following a memorandum of understanding between the US and Canada requiring the provinces to apply export duties on softwood lumber exports. The third episode, initiated in 1991 and known as Lumber III, resulted in a Commerce Department–imposed 6.51 percent countervailing duty and a USITC finding of injury, but the injury finding was reversed by a binational panel. Subsequently, in 1996, to ward off a new case, the US and Canada signed a five-year Softwood Lumber Agreement, which imposed an annual quantitative limit of 14.7 billion board feet on Canadian exports. That agreement expired in 2001, clearing the way for the legal odyssey known as Lumber IV.

Responding to the US industry petition, in 2002 the Commerce Department found a combined countervailing duty and antidumping duty rate of 27.22 percent. That decision was appealed by Canada first to the WTO and then to a NAFTA binational panel. After multiple hearings, both sets of arbitrators largely decided in Canada’s favor. After more legal twists, Commerce cut the combined penalty duty rate to 10.8 percent. In March 2006, at Canada’s urging, a new NAFTA panel ruled against the duty, and a second Softwood Lumber Agreement was concluded. By that agreement, the US refunded $4 billion of penalty duties that had been collected from Canada, and new export controls were spelled out. While controversial, the deal was ultimately approved by the Canadian House of Commons. Subsequent arbitrations in the London Court of International Arbitration declared that Canada had not totally implemented its side of the bargain, and Canada complied. The second Softwood Lumber Agreement expired in 2015, but the US agreed not to launch a new case for one year.

In 2016, the US industry initiated new countervailing duty and antidumping duty cases, and the finding of the Commerce Department and USITC was ultimately in the industry’s favor. Penalty duties of 17.99 percent were initially imposed, but subsequent modifications lowered the combined duty to around 14.4 percent in 2023. Meanwhile, Canada opened fresh arbitration cases in the WTO and under CUSFTA and NAFTA provisions. In August 2023, Mary Ng, Canadian Minister of Export Promotion, International Trade and Economic Development, characterized the duties as “unfair, unjust and illegal” but declared that “Canada remains ready and willing to discuss a negotiated outcome to the dispute that provides the stability and predictability the sector needs to ensure its continued growth and success.”

The 2024 presidential election year was not an auspicious time to craft the third Softwood Lumber Agreement. Nor are the arbitration cases launched by Canada likely to yield a mutually agreed solution. The determination of President Trump to wage a trade war with Canada almost certainly ensures the continuation of trade remedy cases and US penalty duties on softwood imports. In fact, on March 1, 2025, Trump instructed the Commerce Department to launch a new antidumping investigation and at roughly the same time added lumber to a list of specific products that would soon be subject to 25 percent tariffs on all imports from Canada.

In theory, the softwood lumber controversy could be resolved by something resembling the 1996 Softwood Lumber Agreement. That pact dropped penalty duties but imposed a quantitative limit (14.7 billion board feet) on Canadian exports. While quantitative limits have the undesirable feature of eliminating price competition from Canadian imports once the quota is reached, they seem less susceptible to protracted disputes than import duties or export taxes. To provide flexibility in the event of a severe price spike—as happened between March 2020 and April 2021 when prices rose from around $340 to $1,240 per thousand board feet as shown in figure 26—the US president should have the power to relax the quota. For greater stability, a fourth Softwood Lumber Agreement, if negotiated, should have a life span of 10 years, approximately the life of the USMCA before its agreed 16-year life (subject to renewal) comes to an end.

NOTES

1Data for 2025 throughout this text refer to full-year trade flows covering the entire 2025. Data retrieved from USITC DataWeb reflect statistical revisions made on June 20, 2026.

2In comparing auto sector data from the Congressional Research Service and the Census Bureau’s FT 900, two key observations stand out. First, the data from the Congressional Research Service and FT 900 are similar, showing consistent trends between the two sources. Second, compared with the collected data above, FT 900 shows moderately larger trade deficit for autos and parts with Mexico, while it remains almost the same for Canada.

3For figures 5-8, nominal trade values are expressed in current US dollars, and real trade figures are expressed in 2019 prices. Real figures are thereby corrected for price level changes in US imports and exports. Import price changes for Chinese merchandise reflect the added cost paid by US households and firms of tariffs imposed by the Trump and Biden administrations. 

4The figures here are the total US Customs and Border Protection (CBP) encounter numbers, which include US Border Patrol (USBP) Title 8 apprehensions, Office of Field Operations (OFO) Title 8 inadmissible volumes, and Title 42 expulsions.

5Average annual compensation per employee is estimated by dividing total compensation of employees by total employment in the auto sector, adjusted for the respective exchange rates

6A list of rare earths and their principal uses can be found here.

7The percentage is calculated by comparing the average monthly per-unit retail price of milk in 2024 between Canada and the US.

8See chapter 5 in Gary Clyde Hufbauer and Jeffrey J. Schott, Local Content Requirements: A Global Problem.  Policy Analyses in International Economics (Washington: Peterson Institute for International Economics, September 2013). 

9In November 2018, the US and Canada exchanged a letter affirming national treatment with respect to cross-border electricity transmission.

10For an assessment of the early CEC reviews of environmental disputes under NAFTA, see Gary Hufbauer, Daniel Esty, Diana Orejas, Luis Rubio, and Jeffrey Schott, NAFTA and the Environment: Seven Years Later, Policy Analyses in International Economics 61 (Washington: Institute for International Economics, October 2000).

11However, the US still submitted climate data to the Paris Agreement officials, per requirements under the UN Framework Convention on Climate Change (UNFCCC).

12 The content of the environmental chapter of the TPP is discussed in Cathleen Cimino-Isaacs and Jeffrey Schott, eds., Trans-Pacific Partnership: An Assessment, Policy Analyses in International Economics 104 (Washington: Peterson Institute for International Economics, July 2016).

13Marketing year is the 12-month period beginning just after harvest during which a crop may be sold domestically, exported, or put into reserve stocks.

14The calculation is a rough estimation comparing Mexico imports of US corn in 2025 to Mexican corn production in the 2025/2026 marketing year.

15The OECD procurement negotiations, involving a small number of developed countries, were shifted to the GATT during the Tokyo Round.

16The 21 parties to the GPA are: Armenia, Australia, Canada, the European Union (and its 27 member states), Hong Kong China, Iceland, Israel, Japan, the Republic of Korea, Liechtenstein, the Republic of Moldova, Montenegro, the Netherlands with respect to Aruba, New Zealand, Norway, Singapore, Switzerland, Taiwan, Ukraine, the UK, and the US. See USTR’s webpage on the WTO Government Procurement Agreement.

17Gary Clyde Hufbauer and Jeffrey J. Schott, NAFTA: An Assessment, Revised Edition, Institute for International Economics, Washington DC, October 1993.

18The US International Trade Commission publishes an annual report that details Canadian and other subsidies to foreign lumber producers.

19For more on the history, see Congressional Research Service (CRS) Reports for Congress, Softwood Lumber Imports From Canada: History and Analysis of the Dispute and Softwood Lumber Imports from Canada: Current Issues.

Credits

Edited by Madona Devasahayam, Helen Hillebrand, and Steven R. Weisman
Design and production by Samantha Elbouez, Melina Kolb, and Alex Martin

* Zachary Resneck is a summer 2026 PIIE intern.

PHOTOS

Elena Mozhvilo/Unsplash
Pixel-Shot/Adobe Stock
Avi Waxman/Unsplash
Mark Stebnicki/Pexels
Balazs Simon/Pexels
James Wheeler/Pexels
Los Muertos Crew/Pexels
Tom Fisk/Pexels
Cottonbro studio/Pexels
Denes Kozma/Unsplash
Wouter Supardi Salari/Unsplash
Evergreens & Dandelions/Unsplash
Jose Luis Stephens/Adobe Stock
Vidar Nordli-Mathisen/Unsplash
Looker_Studio/Adobe Stock
Oscar Nord/Unsplash
Anton Gvozdikov/Adobe Stock
Gene Gallin/Unsplash
Carlos Aranda/Unsplash