NAFTA

QUESTION: How do you interpret conflicting information regarding tariff shift requirements in Annex 401 and 19CFR 102.20(o)? See below for discrepancy. 19CFR: 8413.11-8413.82 A change to subheading 8413.11 through 8413.82 from any other subheading, including another subheading within that group. 8413.91 A change to subheading 8413.91 from any other heading. 8413.92 A change to subheading […]

QUESTION: 19 CFR 134.1 (b) indicates that for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin. 19 CFR 134.1 (g) states that A good of a NAFTA country is an article for which the country of origin is Canada, Mexico or the United States as determined under […]

QUESTION: I am an employee of Company B, a subsidiary of Company A.   Company A has many different divisions, but trade compliance activity will be consolidated for all divisions under my direction in Company B.    Am I required to obtain a POA to sign FTA docs and other customs responses on behalf of the other […]

Question:   For NAFTA Origin RVC calculations, for non- retail products packed in non-returnable containers- e.g. US made product in a 55 gallon drum, shipped to a paint manufacturer in Canada, where it will be used as a component of the paint. Must the drum cost be factored into the RVC calculation for the NAFTA […]

Question: With an online solicitation for supplier NAFTA certificates the suppliers will receive an email with a link to enter their NAFTA information.   We would like to get a feel for how much pushback we are likely to receive from our suppliers (i.e., how many suppliers will just send a pdf certificate and refuse […]

Question: We have a customer in Canada that purchases motor oil products from one our locations in the US.  It is Ex Works, they send trucks to arrange the pickups and shipments to Canada. Are we the exporter to be listed in Box 1 on NAFTA certificate although we are not shipping anything or is […]

Question: Some questions regarding triangular transactions, NAFTAs and documentary requirements. We sell to a company in the Netherlands. We ship to one of it’s divisions in Mexico. The Commercial invoice that accompanies the shipment currently shows sold to Netherlands Company, ship to Mexico Company, seller Our Company US. Is this correct? Or should the buying […]

Question: Does anyone have training material with specific examples demonstrating how intermediate materials are applied to RVC under NAFTA they would be willing to share? ========== Answer: In addition to any material you may receive you should look into the NAFTA Preference Override in 102.19. Sometimes you can claim NAFTA and Canada C/O when it […]

Question: If anyone in the membership has a ruling indicating that it is acceptable to put “US/MX” in field 10 of the NAFTA cert please advise. We have items that are manufactured in the US and Mexico, we are the producer in each plant and are of the mindset that we can complete one NAFTA […]

Question: What are the total potential fines/penalties for non-compliance on NAFTA’s that can be applied per single agreement? We are needing to report this information back to upper Mgmt. Any websites to research would be appreciated also. ========== Answer: Worst case likely up to 40% of the total imported VALUE going back 5 years. ========== […]