QUESTION: Looking to the members for a clarification. Does the automotive rule for 8708.29, Body Stamping not allow Tariff Shift under USMCA? Is this stating Body Stamping can only be qualified using RVC under the net cost method? ************** Answers: Yes. That is our understanding of the rule. George Tuttle IIILaw Offices of George R. […]
QUESTION: The new USMCA requires the certifier on Origin Certificates to be either the Exporter, Importer or Producer. Most of our products are purchased from US Distributors, and then we are the Exporter from the US to Mexico and Canada. Can the US Distributor be the certifier and provide a completed USMCA Certification as supporting […]
QUESTION: Does anyone in the membership know where to send annual Averaging Elections for Canada and Mexico? Finding the US CBP contact was actually easy, however I am really struggling with CA and MX. ============ Answer: CBSA.Election_BSF_352.ASFC@cbsa-asfc.gc.ca is to submit elections to CA. As for MX, I was told elections should be send to Ministry […]
QUESTION: With NAFTA, we couldn’t use NAFTA to bring US goods back into the US. We were forced to use 9801, usually. Is that also true for the USMCA? Must I use 9801 on a USMCA-qualified good or can I import it into the US just under the USMCA? =========== Answers: If goods are simply […]
QUESTION: Does anyone in the membership have a good example to explain when Criterion C is to be used in qualifying goods under USMCA? ========== Answers: When the good is made in either CA/MX/US and all of the components that make it up are originating. That is when you can use Criteria C. ========== Origin […]
QUESTION: Does the membership think it’s possible for this item to qualify for USMCA under criterion D? The producer has issued a manufacturer’s affidavit stating these qualify for USMCA under Preference Criterion D. We asked for additional support for the D criterion and the manufacturer has stated: Finished item (pet food storage bin) is classified […]
QUESTION: I note that all of the USMCA preference criterion in Article 4.2 require an item to be “produced” in a Party country, and Article 4.1 defines “production” as “growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, breeding, extracting, manufacturing, processing, or assembling a good, or aquaculture.” With the above in mind, is it […]
QUESTION: Under USMCA the producer address shall be “the place of production” and the exporter address shall be the “place of export.” We certify multiple products for customers under a blanket period of 12 months. Each of these products may be produced in a different location. Also, depending on the production location, the place of […]
QUESTION: CBP Message CSMS# 43197567 indicates that CBP will not be authorized to refund MPF through ACE 520D process.However, does anyone know if claiming USMCA through Post Summary Corrections (PSC) would result to MPF refund? or the MPF will not be refundable after the entry finalized, period? ************* Answers: You cannot do a PSC for […]
QUESTION: Does anybody have access to the updated HTS for the USMCA rules for each HTS number effective today and what is required i.e. Tariff shift or Tariff shift plus RVC? Has this been published yet or are we to use the rules under NAFTA until these get published? How can you find out what […]
QUESTION: Need help please. This is taken from the HTS 2020, and not the new Tariff with the new origin rules for USMCA, for I have not been able to find this anywhere. So under NAFTA this reads “Subheading rule: The underscoring of the designations in subdivision 239 pertains to goods provided for in subheadings […]
QUESTION: If an HTS has only “a change of subheading XXXX.XX from any other subheading” listed in the USMCA rules of origin, is the tariff shift the only requirement? Or am I missing something further. The same HTS had a regional value content under NAFTA that is not listed in the USMCA rules of origin. […]
