USMCA – U.S.-Mexico-Canada Agreement
Taking effect on July 1, 2020 is the USMCA (United States-Mexico-Canada) Agreement. There are some subtle changes and some not so subtle. Some of the biggest changes are the fact that there is no specific form mandated. But instead of reinventing the wheel through our own written interpretations, we will paste the following exert from U.S. Customs (CBP) in their “Interim Implementing Instructions”.
Certification or Other Document Requirements: An importer may submit an importer, exporter or producer certification. The importer is responsible for exercising reasonable care concerning the accuracy of all documentation submitted to CBP.
The importer may make a claim for preferential tariff treatment based on a certification of origin completed by the importer, the exporter or the producer, for the purpose of certifying that a good qualifies as an originating good.
If an exporter that is not the producer of the good certifies the origin of the good, the certification may be completed by the exporter on the basis of either: (1) having information, including documents, that demonstrate that a good is originating; or (2) reasonable reliance on the producer’s written representation that the good is originating.
If a producer or an importer certifies the origin of the good, the producer or importer must have information, including documents that demonstrate that the good is originating.
The certification need not be in a prescribed format; it may be provided on an invoice or any other document, except a commercial document issued in a non-Party, may be submitted electronically, and may cover a single importation or multiple importations of identical goods within a maximum 12-month period. The certification must contain a set of minimum data elements as set out in Annex 5-A of the Agreement (Appendix III of these Instructions) that indicate that the good is both originating and meets other applicable requirements.
The certification may be submitted in English, Spanish, or French. If submitted in Spanish or French, CBP may request an English translation.
An importer is required to have a valid certification of origin in its possession at the time the USMCA preference claim is made. If the certification of origin is illegible, is defective on its face, or is incomplete, the importer is granted a period of not less than five working days to provide a copy of the corrected certification of origin.
A certification is not required for importations valued at $2,500 or less, provided that the importation does not form part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of evading U.S. laws, regulations, or procedures governing claims for preferential tariff treatment. If the Center of Excellence and Expertise (Center) Director determines that an importation described in this section is a part of a series of importations carried out or planned for the purpose of evading compliance with certification requirements, the importer may be required to submit a copy of the certification.
The attached document is a compilation of the CBP implementing instructions and the Rules of Origin as defined on the website https://usmca.com/temporary-entry-for-business-persons-usmca-chapter-16/ (4 Rules of Origin).
