NAFTA regulations will be replaced by the recently ratified United States-Mexico-Canada Agreement (USMCA) which will enter into force July 1, 2020. View the notification published by Noatum Logistics here along with CBP’s website for implementation guidelines.
Please be advised that NAFTA Certificates of Origin cannot be used to certify that goods qualify as originating under USMCA. Importers, exporters and producers must obtain or prepare new USMCA Certifications of Origin in order to make preferential tariff treatment claims after July 1, 2020.
It is necessary for importers, exporters and producers to review the changes in detail and understand how these affect their product eligibility to claim preferential treatment as well as changes in documentation requirements. Special attention should be paid to changes in rules of origin specific to automobile, chemicals, cosmetics, healthcare, pharmaceuticals, and technology/communication products.
U.S. Customs is still working through defining processes under this new agreement. New information is being published on CBP’s website as it becomes available, and they are updating FAQs. Noatum Logistics will continue to publish Trade Alerts as new details become available. Click here to see CBP’s FAQs for reference.
Certificates of Origin / USMCA Certification Requirements
The NAFTA Certificate of Origin is no longer a requirement under USMCA, and current NAFTA forms on file with your customs broker are no longer valid as of July 1, 2020.
Previous NAFTA certificates must remain on file for 5 years.
In order to claim duty-free entry under USMCA, certification signed by the producer, exporter or importer is required at the time of entry. These certifications can be completed by the exporter, producer, or importer certifying that a good being exported from the territory of one party to that of another party qualifies as an originating good. These certifications may be submitted electronically and may cover a single importation or multiple importations of identical goods within a maximum 12-month period (blanket). An importer can still pay duty and file a claim up to one year later supported by a certification.
USMCA Certification Minimum Data Elements
Many of the data elements required under USMCA remain the same as what was previously reported on the NAFTA certificate. The certification to support eligibility must contain the below minimum data elements. Various formats are being produced individually. Click here to view Noatum’s version of this certification for reference.
- Importer, Exporter, or Producer Certification of Origin
- Description and HS Tariff Classification of the Good
- Origin Criteria – as set out in Article 4.2 (Originating Goods)
- Blanket Period (if applicable)
- Authorized Signature, Date and Certification Statement
The certification may be submitted in English, Spanish or French. If provided in Spanish or French, CBP may request an English translation.
NOTE: Preparing USMCA certification requires that the party issuing the certification is responsible for validating the accuracy of all documentation submitted to CBP— including the accuracy of any claim for the USMCA eligibility. 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 based on 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 there are any questions, please contact our Global Trade Management group at: firstname.lastname@example.org.