CBP Publishes "Guidance" on USMCA
April 20, 2020
On April 20, 2020 Customs issued a document entitled United States-Mexico-Canada Agreement (USMCA) Interim Implementing Instructions. While the document looks like a draft set of (partial) regulations, Customs has indicated on its web page that the document “may qualify as a ‘guidance document’ . . . such guidance documents are not binding and lack the force and effect of law . . . This document is being posted to this portal to provide stakeholders with useful information.” Therefore, it is possible that details in implementation will ultimately differ from the guidance.
The document contains a number of definitions and guidance with respect to broadly applicable issues such as certification requirements, avoiding merchandise processing fees, and the relationship between the origin and marking rules, and others. It also contains appendices with specific guidance, including:
• Automotive Rules of Origin and Procedures, including Labor Value Content guidance, steel and aluminum purchase requirements, and parts and component lists
• Textile and Textile Apparel Rules of Origin, including guidance for different materials and short supply guidance
• Minimum Data Requirements for Certificates of Origin
• Information regarding Labor Value Content, Labor Value Content Certifications, and Steel and Aluminum Certifications
Barnes, Richardson & Colburn, LLP attorneys have extensive knowledge of the USMCA and managing the transition from NAFTA compliance to USMCA compliance. To not hesitate to contact any of our professionals to discuss these important updates.