USMCA Implementation Guidelines
On April 24, 2020, the United States Trade Representative announced that the United States intends to enter the United States–Mexico–Canada Agreement (USMCA) into force on July 1, 2020. Since then, U.S. Customs and Border Protection has informed the trade community its interim instructions for USMCA implementation including information on claiming USMCA preferential treatment for goods.
Note, a final implementation instruction guide will be released prior to the date USMCA enters into force. The following instructions are only intended to be proactive in information sharing, and are subject to change. Until USMCA enters into force, NAFTA requirements remain in effect. Specific questions can be directed to FTA@cbp.dhs.gov.
Once the USMCA enters into force, each country will apply a “joint review” every 6 years to ensure the agreements remains up to date.The USMCA Interim Implementing Instructions
The USMCA Implementation Act
USMCA Agreement, Final Text
The Big question:
Is a Certificate of Origin Required for USMCA?
According to CBP’s Guidance, “The U.S. – Mexico – Canada Agreement (USMCA) does not require a specific certificate of origin as does the North American Free Trade Agreement. CBP Form 434 is not mandatory under the USMCA.”
What is required to claim USMCA?
A claim for preferential treatment under the USMCA should contain nine minimum data elements. These data elements are set out in the USMCA’s Annex 5-A (Minimum Data Elements). The data elements must indicate that the good claiming preferential treatment originates and meets the requirements of USMCA Chapter 5. This information may be provided on an invoice or any other document. The information must describe the originating good in sufficient detail to enable its identification and meet the requirements as set out in the Uniform Regulations.
Additional guidance materials will be published by U.S. Customs and Border Protection in advance of the USMCA’s entry into force.
Other USMCA Questions?
Scarbrough Consulting, Inc. offers a free 20-minute consultation in regards to guidance in USMCA preferential treatment. Email firstname.lastname@example.org to get in touch with a Licensed U.S. Customs broker or fill out the form below.
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