USMCA certification of origin

There is no official form for a certificate of origin under the United States-Mexico-Canada Agreement (USMCA). A USMCA certification of origin can be any written or electronic document, including an invoice, as long as it contains nine minimum data elements and a required certification statement. The importer, the exporter or the producer can complete it. The importer must have it when claiming the preferential rate.

U.S. Customs and Border Protection (CBP) puts it simply: "Any format is acceptable, provided it contains nine (9) minimum data elements set out in USMCA, Annex 5-A." CBP's detailed rules are in 19 CFR 182.12.

Why the certification matters

A USMCA claim can lower or remove the duty on goods that qualify as originating in the United States, Mexico or Canada. You make the claim by putting "S" or "S+" before the Harmonized Tariff Schedule (HTS) number on the entry summary (19 CFR 182.11(b)). For example, cotton T-shirts (6109.10.00) have a general duty rate of 16.5%, and the schedule's Special column shows "Free" for several programs, including S.

A valid claim also exempts qualifying goods from the merchandise processing fee (19 CFR 182.11(a) and 24.23(c)(3)).

USMCA status can matter for additional tariffs too. For example, the forced-labor Section 301 tariff doesn't apply to "any products of Canada entered free of duty under the United States-Mexico-Canada Agreement" (HTS chapter 99, U.S. note 52(g); heading 9903.05.93), and the schedule sets the same rule for products of Mexico (note 52(h); heading 9903.05.94). Check the full duty stack for a code in our duty calculator.

The certification doesn't make goods qualify. The goods must meet the USMCA rules of origin in General Note 11 of the HTS. The certification states that they do, and the person who signs it takes responsibility for proving it.

The nine minimum data elements

These come from Annex 5-A of the agreement. The added detail comes from 19 CFR 182.12.

1. Certifier type: whether the certifier is the importer, exporter or producer.
2. Certifier: name, title, address (including country), telephone number and email address.
3. Exporter: name, address (including country), email address and telephone number, if different from the certifier. The address is the place of export in a USMCA country. This isn't required if the producer completes the certification and doesn't know who the exporter is.
4. Producer: name, address (including country), email address and telephone number, if different from the certifier or exporter. For several producers, write "Various" or list them. Anyone who wants the producer's details kept confidential may write "Available upon request by the importing authorities."
5. Importer: if known, name, address, email address and telephone number. The address must be in a USMCA country.
6. Description and classification: a description detailed enough to relate it to the invoice and to the Harmonized System (HS), plus the tariff classification. The agreement asks for the HS classification to six digits. CBP's rule asks for "six or more digits, as necessary" for the rule of origin that applies. For a single shipment, include the invoice number if known.
7. Origin criterion: the rule of origin under which the good qualifies, as set out in General Note 11 of the HTS.
8. Blanket period: if the certification covers multiple shipments of identical goods, the period it covers, up to 12 months.
9. Signature and date: signed and dated by the certifier, with this statement:

"I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification."

CBP's rule also asks for the legal name, address, telephone number and email address (if any) of the responsible official or authorized agent who signs (19 CFR 182.12(a)(4)(vi)). For goods listed in Schedule II of Appendix A to 19 CFR Part 182, the certification must also include the statement "Schedule II of the USMCA Rules of Origin Uniform Regulations" (19 CFR 182.12(a)(4)(x)).

Other rules to know

• Format: written or electronic. It may be on an invoice or other document, "except an invoice or commercial document issued in the territory of a non-USMCA country" (19 CFR 182.12(a)(2)).
• Language: English, French or Spanish. CBP may ask for an English translation (19 CFR 182.12(e)).
• Timing: the certification "must be in the possession of the importer at the time the claim for preferential tariff treatment is made" (19 CFR 182.12(a)(3)). You submit a copy when CBP asks for it.
• Validity: a properly completed certification is "valid for four years following the date on which it was completed" (19 CFR 182.12(h)).
• Basis: the certifier must have information showing the good is originating. An exporter who isn't the producer may reasonably rely on the producer's written representation (19 CFR 182.12(f)).
• Low-value shipments: you don't have to submit a certification for a non-commercial import, or a commercial import where the originating goods are worth $2,500 or less, unless CBP finds the shipment is part of a series planned to evade the requirement (19 CFR 182.14).
• Records: an importer claiming USMCA treatment must keep its supporting records, including the certification, "for a minimum of five years from the date of importation" (19 CFR 182.15).

Mistakes and late claims

The importer is responsible for the truth of the claim, even when the exporter or producer completed the certification (19 CFR 182.13). CBP's rules require an importer that has reason to believe a claim is based on incorrect information to promptly and voluntarily correct it, pay any duties that may be due, and submit a statement to CBP (19 CFR 182.11(c)). Under 19 CFR 182.13(b), an importer that does so, and pays any merchandise processing fees due, "will not be subject to civil or administrative penalties under 19 U.S.C. 1592" for the incorrect claim.

If goods qualified but you didn't claim USMCA at entry, you can file a post-importation claim for a refund "within one year after the date of importation" (19 CFR 182.31).

Watch the tariff numbers in the rules

The HTS itself warns that the USMCA rules of origin "are set forth in terms of HS 2012 and may not contain current tariff numbers for some products." If your product's code changed after 2012, the rule may refer to an older number. This is a good point to involve a licensed customs broker, or to ask CBP for a binding ruling. See how to find your HTS code.

Questions

Is there an official USMCA certificate of origin form?

No. CBP accepts any format, written or electronic, including a commercial invoice, as long as it contains the nine minimum data elements in Annex 5-A of the agreement and the required certification statement. CBP posts a template on its USMCA page, but using it is not required.

Who can complete a USMCA certification of origin?

The importer, the exporter or the producer of the good. The certifier must have information showing the good is originating, or, for an exporter that isn't the producer, may reasonably rely on the producer's written representation. The importer remains responsible for the truth of the claim.

How long is a USMCA certification of origin valid?

A properly completed, signed and dated certification is valid for four years from the date it was completed. A blanket certification can cover multiple shipments of identical goods over a period of up to 12 months, stated on the certification.

Do I need a USMCA certification for low-value shipments?

Under 19 CFR 182.14, an importer doesn't have to submit a certification for a non-commercial importation, or for a commercial importation where the originating goods are worth $2,500 or less. The exception doesn't apply if CBP finds the shipment is part of a series planned to avoid the requirement.