If you are just joining us, this is the second of a 4-part continuation on the previous 4-part series on the long awaited NAFTA 2.0 agreement between US - Canada - Mexico due to be implemented on July 1, 2020.
In Part 1 we explained that the previous series primarily focused on rules that are the same for all countries, and where different, the information was specific to the rules associated with entries into Canada, under CUSMA. In these next parts, our focus continues on the rules associated with entries into the United States under USMCA.
Before we dive in, below is a quick recap of this series so far.
Part 1 Covered:
- Aren’t The Rules The Same For Each Country?
- What Can I Do In Preparation For The Transition To USMCA?
- How Will USMCA Impact My Day-To-Day Operations?
Can I Make A USMCA Claim Without A Declaration?
Yes. If the goods are valued at less than $2500.00 USD the claim can be made without the required declaration. However, if requested by CBP, you will still be required to provide the documentation to support that the goods qualified for USMCA at the time the claim was made.
Who Can Complete The USMCA Declaration?
Under USMCA the declaration can be made by the Exporter, Producer or the Importer. This is a change from NAFTA which required the declaration be completed by the Exporter.
Where this may seem to be a huge benefit - certifier beware!
If you are completing and signing the certification you are legally responsible for the claim. This means you will need to have documentation to support the claim in the event of an audit by Customs.
What If I Am Not The Producer Of The Goods?
If you are not the producer and your claim under NAFTA was based on written representations by the producer that the goods qualified, you will need to ensure that the producer has reevaluated their products under the USMCA rules of origin and have them provide you with a written declaration that the goods qualify under USMCA.