USMCA: Now in Effect
The Canada United States Mexico Agreement (CUSMA) is a new trade agreement that modernizes certain North American Free Trade Agreement (NAFTA) provisions, reflecting developments in technology and 21st Century supply chains. The CUSMA will replaced NAFTA, on July 1, 2020. Any claims for preferential tariff treatment must satisfy the rules of origin requirements of the CUSMA.
With NAFTA, a specific government form was required to certify the origin of the product. Under CUSMA, any form can be used as long as the 9 minimum data elements are provided.
Here is the Certificate of Origin Form for exporters to complete.
Most Rules of Origin remain the same under CUSMA as they were under NAFTA. Many other changes have occurred in the automotive sectors, pharmaceuticals and health care products, information technology products, cosmetics and chemicals. These rules have become stricter, and products that used to qualify for preferential treatment under NAFTA may not qualify under CUSMA. A company should review if its products qualify under the new changes and rules of CUSMA.
The Certificate of Origin does not require a specific form under CUSMA as it did under NAFTA. Claims for preferential treatment under CUSMA must contain 9 minimum data elements, that indicate the good claiming preferential treatment originates and meets the requirements of the CUSMA Chapter 5 Origin Procedures. The information may be provided on an invoice or any other document, and must describe the originating good in sufficient detail to enable its identification and meet the requirements for qualification.
Certification Of Origin Form
Things to consider when Certifying the Origin of goods:
- The 9 minimum data elements are satisfied.
- Certificates are maintained without a formal form.
- Certification is done properly, avoiding penalties and extra duty charges.
- The Producer has information, including documents, ensuring the good is originating.
- The product qualifies as an originating good.
The 9 minimum data elements are listed below:
1. Indicate the Certifier (Importer, Exporter or Producer)
2. Name, Address (including country) and Contact Information of the Certifier
3. Name, Address and Contact Information of the Exporter (if different from the certifier)
4. Name, Address and Contact Information of the Producer (if different from the certifier, or exporter)
5. Name, Address and Contact Information of the Importer
6. Description and HS Tariff Classification (6 digit level) for the Goods (include invoice# if known)
7. Origin Criterion for the Goods, as set out in ‘Article 4.2: Originating Goods’ of the CUSMA Rules of Origin
8. Blanket Period (date range up to 1 calendar year)
9. Authorized Signature and Date
The Certification of Origin form will need to 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.”