USMCA

  • Obtaining a USMCA from a Supplier

    Question: Has anyone experienced a supplier charging a significant fee to provide a USMCA?  They provided an agreement for us to sign that is 20+ pages while charging much more than any consultant or legal counsel we have worked with in the past.  We have a path forward with our contracts team to prevent in […]

  • USMCA for duty free items

    Question: Is it not possible to claim USMCA on items with a 0% standard duty rate? The tariff schedule does not include any SPIs in column 1 for HTS codes that are duty free, but since USMCA also removes MPF, it seems like there should still be a way to claim it.  Wondering if there […]

  • USMCA Revocation notice

    Question: For US manufacturers, producers or exporters – is it common practice for you to revoke a USMCA certificate issued previously and notify other parties involved (i.e., customers)? For US Importers – do you require suppliers (whether contractually or not) to notify you when USMCA preference treatment gets revoked on a good previously certified as […]

  • USMCA eligibility

    Question: Good classified as 8536.50 -in GN 11 – USMCA states: “The underscoring of the designations in subdivisions 84 through 85 pertain to goods provided for in subheading 8536.50 for use in a motor vehicle of chapter 87”. All of the following notes are underscored. Product is not used in a motor vehicle. Is the article […]

  • USMCA Eligibility

    Question: A good classified as 8541.49 – need to determine if eligible for USMCA. Several foreign sourced components to be imported into MX, where they will be assembled. FG is 8541.49.8000. General Note 11 – USMCA states: “No change in tariff classification to a good of subheadings 8541.10 through 8542.90.” FG consists of various plastic […]

  • Section 232 tariffs on goods that cross the border March 4

    Question: I have a shipment of goods that entered the U.S. on March 4, after 12:01 a.m. which is when the tariff paused ended.  The goods qualify for preferential treatment under USMCA.  At the time of entry, a 25% ad valorem tariff was assessed. However, as of March 7, USMCA-qualifying goods were exempted from this […]

  • Tariffs and USMCA de minimis

    Question: Where USMCA article 4.12 says ‘value of all non-originating materials’, that value does not include any tariffs paid when importing those materials, especially if purchased on another than DDP basis, correct? The above logic also applies when figuring the ‘total cost’ of the finished good per 1(b) of 4.12, correct? How about if the […]

  • USMCA DE MINIMIS RULE

    Question: Would the following scenario qualify for USMCA?   Finished good HTS 8537.10 includes a non-originating component with HTS 8537.10.   Rule of Origin for 8537.10 states “A change to heading 85.37 from any other heading….”.  De minimis is 8.7%.   Will this item still qualify for USMCA since the de minimis threshold has been met or is […]

  • USMCA Claims on Product Shipped from EU Distribution Center

    Question: Our supplier manufactures finished product in the US and Canada and sends it to their global distribution center in the EU.  The product stays under bond in their warehouse, it is not advanced in value at all, and it never enters the commerce of the EU.   When we purchase product, they ship these US […]

  • Canadian Surtax

    Question: We are selling 2 products that were previously under the USMCA/CUSMA trade agreement.   The US has exempted us from paying tariff because we have that on file.  Is Canada also giving the same for US products shipped into Canada? Answer 1: Canada is only doing this for certain passenger and commercial vehicles.  All other […]

  • Shipping US origin goods to CA under USMCA under new CA retaliatory tariffs?

    Question: We have been duty free shipping to Canada utilizing USMCA, now with the Trump tariffs and the retaliatory tariffs is USMCA irrelevant?  Do with have to pay the 25% + whatever duty amount should be applied? or is the just the addition of 25% Answer 1: If your goods qualify for USMCA/CUSMA duty-free treatment, […]

  • Non-Preferential and Preferential Origin

    Question: Hi, We have products shipping from Mexico and Canada. We currently are determining origin using preferential treatment under the USCMCA. The origin is currently based on the tariff and RVC. If we were to use non-preferential rules of origin to determine our origin, the origin would no longer be Canada or Mexico. We did […]