Canada Amends Regulations on Proof of Origin for NAFTA Imports

Excerpt from Sandler, Travis & Rosenberg Trade Report  |  Tuesday, November 11, 2014

The government of Canada published Nov. 5 two regulatory amendments aligning its requirements on proof of origin for importers claiming NAFTA preferential tariff treatment with those of the United States. The notice indicates that the Canada Border Services Agency has been administering these amended requirements on a provisional basis since customs notices on them were issued on June 30, 2012, and Jan. 8, 2013, (22)

Locomotives and Freight Rail Cars. Locomotives and freight railcars that have been transported overland from the U.S. into Canada are no longer subject to the NAFTA certificate of origin requirements. This change will allow importers to claim NAFTA duty-free treatment for these conveyances without having to produce proof of origin. However, importers will still have to meet all the other importation requirements not relating to the certificate of origin and present the required documentation in relation to the imported conveyances (e.g., Form B3 accounting document and all appropriate permits, licenses or certificates, if required).

Low-Value Shipments. As part of the Beyond the Border Action Plan, Canada has increased from $1,600 to $2,500 the value threshold below which all imported commercial goods are exempt from the NAFTA certificate of origin requirement.