The Customs and Border Protection Office (CBP) detailed the origin certification requirements of the Treaty between Mexico, United States and Canada (USMCA).
The importer may submit a request for preferential tariff treatment based on a certification of origin completed by the importer, exporter or producer, in order to certify that the good qualifies as an originating good.
The importer, exporter or producer of the merchandise can complete a certification of origin based on:
- The certifier of the origin certification that has information, including documents that demonstrate that the good is originating.
- In the case of an exporter who is not the producer of the good, reasonable confidence in the producer’s written representation, such as in a certification of origin, that the good is originating.
- In addition, the following requirements apply to the certification of origin:
- The certification does not need to be in a prescribed format; can be provided on an invoice or any other document, except an invoice or commercial document issued in a non-Party country,
- Can be completed and submitted electronically,
- It can cover a single import or multiple imports of identical products within a maximum period of 12 months,
- It must contain the nine data elements established in Annex 5-A of the Agreement (Appendix II, Annex A of these instructions)
- Meets all other applicable requirements.
An importer is required to have a valid certification of origin in their possession at the time the USMCA preference request is made.
If CBP requests the certification of origin and is illegible, defective, or incomplete, the importer will be given a period of not less than five business days to provide a copy of the corrected certificate of origin.
The certification can be presented in English, Spanish or French. If presented in Spanish or French, the English translation must also be provided to CBP.
A certification of origin is not required for: (1) a non-commercial import of a good or (2) a commercial import for which the value of the originating products does not exceed US $ 2,500, provided that the import is not part of a series of imports that may be considered made or arranged to evade United States laws, regulations, or procedures governing requests for preferential treatment.
If CBP determines that an import described in this section is part of a series of imports made or planned in order to evade compliance with the preference requirements, the importer may be required to present the certification of origin.
The importer is responsible for exercising reasonable care regarding the accuracy of the certification of origin and all documentation submitted to CBP