USMCA

QUESTION: What happens if there is no rule in the USMCA for your HTS? I have an item with an HTS of 8544.42 that is built into a finished product with an HTS of 8536.30, but it is not for a motor vehicle. The subheading rule for 8544.42 says nothing about non-motor vehicles; see below. […]

QUESTION: I’m being asked by one of our customers to provide a USMCA cert for a product that they have not sourced from us since 2018. Even if I were able to get our 2018 data to do an analysis, can I certify something made in 2018 for USMCA that went into effect in 2020? […]

QUESTION: We are a manufacture of an end products.  Some of our products are purchased internationally.  Many of our products are purchased domestically and are manufactured in the USA.  Our problem is this. Our clients request a USMCA certificate for the products go to OEM’s who export to Canada and Mexico. Since most of our […]

QUESTION: Under NAFTA if a US good (that qualified for NAFTA) went to Canada and returned without having anything done to it, it could not be returned to the US under NAFTA but had to be cleared under US Goods in Ch. 98. However under USMCA, can a US good that qualifies for USMCA that […]

QUESTION: When you are the “producer” and you are soliciting the suppliers of your material inputs or parts, what level of proof do you need from your suppliers? In particular, if the supplier responds that the product is US origin, but doesn’t provide the USMCA criteria, is this enough? Is their statement that the good […]

QUESTION: We have one customer in Mexico whose broker insists on an actual signature as a requirement for USMCA.  We usually use an electronic signature which the U.S. government has said is acceptable.  The Canadian government also accepts an electronic signature.  All other Mexican customers have also accepted an electronic signature.  Does anyone have any […]

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 […]