Importers are required to ensure that they are in possession of a complete and valid Certificate of Origin at time of entry, in order to meet CBP’s recordkeeping requirements. When Western Overseas (as your Customs Broker) transmits your entry, we are making a number of declarations to CBP. These include certifications as to the origin, Labor Value Content (LVC) , whether Steel and Aluminum certifications (Appendix II) are applicable, and other detailed requirements. Customs has made a template available which includes all the necessary information and although this specific form is not required (as a NAFTA certificate was in the past), we do require these details in order to make entry claiming USMCA for your goods. All the necessary information can be included on the commercial invoice by the supplier, but we will still need a separate confirmation from the importer that the goods do meet all the requirements in order to process the entry with the certification for USMCA. We recommend use of this form to ensure that we have all the necessary details before we transmit your entry to Customs and to streamline the process for all parties.
USMCA preference, with proper certifications, may also be claimed on unconditionally free tariff items in order to receive the exemption from Merchandise Processing Fees (MPF).
If claim is not made at time of entry (prior to the 10th day of release of goods) and duties are paid to CBP, Western Overseas may be able to file a 1520(d) Post Importation claim for duty refund, but Merchandise Processing fee will not be refunded.
Total implementation rules can be found in the links provided below.
If you are importing from Canada or Mexico we highly recommend you review the implementation instructions for full details:
The Updated USMCA Interim Implementing Instructions – June 16, 2020