CUSMA or USMCA | Everything You Need To Know About The New NAFTA - Part 4

CUSMA or USMCA | Everything You Need To Know About The New NAFTA - Part 4

The long awaited Canada - US - Mexico NAFTA 2.0 agreement’s implementation date is just over a month away on July 1, 2020. If you are just joining us, this is the last of a 4-part Q&A series.

In part 1, part 2 and part 3 we explained how depending on which country you are in or speaking to, the new agreement may be referred to by a different acronym. In Canada the agreement is referred to as “CUSMA”; in the US it is “USMCA” and in Mexico, it’s “T-MEC”, but regardless of where you are in the world, the agreement is one in the same.

Before we dive in one last time - prior to the implementation date that is - below is a quick recap of the series to date, and we will of course keep you up to date as it unfolds.

Part 1 Covered:

  • What Does This Mean For Importers?
  • If A Product Qualified Under NAFTA, It Qualifies Under CUSMA/USMCA/T-MEC Right?
  • What Are Rules Of Origin?

Part 2 Covered:

  • Who Can Complete The Certification Of Origin?
  • How Do I Get My CUSMA/USMCA/T-MEC Certifications?
  • Do All Imports Require A CUSMA/USMCA/T-MEC Certification Of Origin?
  • What If I Can’t Get A CUSMA/USMCA/T-MEC Certification Right Away?

Part 3 Covered:

  • Is It True That Some Imports Won’t Have Any Duty Or Taxes?
  • I Have Advance Rulings Under NAFTA, Can I Still Use Them Under CUSMA/USMCA/T-MEC?
  • What If I Import Textiles, How Will I Be Affected?
  • How Are Low Value Courier Shipments Affected?

Data Elements

A certification of origin shall include the following minimum data elements:

Click here to download the Certification of Origin form

i. Importer, Exporter, or Producer - Certification of Origin

Indicate whether the certifier is the exporter, producer or importer in accordance with Article 5.2 of Chapter 5 of the CUSMA/USMCA/T-MEC.

ii. Certifier

Provide the certifier’s name, title, address (including country), telephone number and e-mail address.

iii. Exporter

Provide the exporter’s name, address (including country), e-mail address, and telephone number if different from the certifier. This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter. The address of the exporter shall be the place of export of the good in a Party’s territory.

iv. Producer

Provide the producer’s name, address (including country), e-mail address, and telephone number, if different from the certifier or exporter or, if there are multiple producers, state “Various” or provide a list of producers. A person that wishes for this information to remain confidential may state “Available upon request by the importing authorities”. The address of the producer shall be the place of production of the good of the Party’s territory.

v. Importer

Provide, if known, the importer’s name, address, e-mail address, and telephone number. The address of the importer shall be in the Party’s territory.

vi.Description and Harmonized System (HS) Tariff Classification of the Good

  • Provide a description of the good and the HS tariff classification of the good to the 6-digit level located in the Customs Tariff. The description should be sufficient to relate it to the good covered by the certification;
  • If the certification of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.

vii. Origin Criteria

Specify the origin criterion under which the good qualifies, as set out in Article 4.2 (Originating Goods) of Chapter 4 of the CUSMA/USMCA/T-MEC.

viii. Blanket Period

Include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 5.2 (Claims for Preferential Tariff Treatment) of Chapter 5 of the CUSMA/USMCA/T-MEC.

ix. Authorized Signature and Date

The certification must be signed and dated by the certifier and accompanied by the following statement:

“I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.

Click here to download the Certification of Origin form

Continue reading on:

Part 1
Part 2
Part 3
How To Fill Out A Certification Of Origin Under The CUSMA/USMCA/T-MEC
Are you prepared for CUSMA
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About Author
Gloria Terhaar
CCS (CA/US), CTCS, CBSA Prof. Designate

Gloria Terhaar began her career in Canadian customs brokerage 2007. She currently works in our Canadian division as a Trade Compliance Supervisor and Regulatory Compliance Specialist. Gloria has extensive experience in all aspects of documentation and regulatory requirements as they relate to importing products into Canada. Gloria is often called upon to train industry with some recent talks for MNP, the Surrey Board of Trade, TFO Canada and the BC Produce Marketing Association. In 2018, Gloria also participated in the Canadian Produce Marketing Association and the Canadian Horticultural Council advocacy event "Fall Harvest" in Ottawa where she participated in advocacy efforts for the Canadian produce industry.

While we strive for accuracy in all our communications, as the Importer of Record it is incumbent upon your company to ensure that you are aware of the requirements under the new regulations so that you maintain compliance as always.
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