Practices 
 

NAFTA

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The North American Free Trade Agreement has given producers and exporters unprecedented opportunities to reduce the duties on shipments to customers in the region and has created new avenues for U.S.-based importers to take advantage of economic opportunities from suppliers and factories in the region. We provide expert support in developing NAFTA programs, including the completion of Certificates of Origin and the development of systems for communicating technically detailed NAFTA requirements to suppliers and customers.  We also provide assistance with NAFTA verifications conducted by U.S., Canadian and Mexican authorities.

Import Compliance

An importer seeking to avoid the expense of customs duties and fees typically assessed on goods imported from Canada and Mexico may make a claim for preferencial treatment under the NAFTA. But, that claim must be based on a facially valid and accurate NAFTA Certificate of Origin voluntarily provided by the exporter to the improter. The importer is required to retain a copy of the certificate for five years from the date of entry. Thus, importers must establish NAFTA compliance and recordkeeping as part of its overall compliance system.

Export Compliance

Exporters who wish to provide NAFTA Certificates of Origin to customers must undertake an analysis of the origin of their products. For resellers, this analysis may be limited to the documentation provided by suppliers. For producers, the applicable rule of origin may require that non-originating materials undergo a specified tariff shift as a result of processing in North America. Other rules require that the value of North American materials, labor, overhead, and other costs comprise 50% or more (depending on the rule) of the total value of the finished good. Additional rules applicable in special circumstances allow for cost averaging, de minimis treatment, accumulating expenses by third parties, etc. Thus, performing a NAFTA analysis often involves detailed questions of tariff classification and cost accounting. 

The lawyers at Barnes/Richardson have the knowledge and experience to assist companies develop, test, and if necessary defend NAFTA compliance programs for importers and exporters. If you have questions, please contact any Barnes/Richardson lawyer.

Aug. 13, 2014
Customs Limits Options for Free Trade Agreement Post Entry Refunds
August 11, 2014
Mexico: Proposed Sugar Suspension Agreement
October 01, 2013
Government Shutdown Impacts International Trade Agencies
September 25, 2012
CBP Issues Technical Corrections to NAFTA Rules of Origin
November 22, 2011
WTO Panel Rules Against U.S. COOL Labeling
October 21, 2011
Mexico Lifts Retaliatory Tariffs
October 19, 2011
Mexico to Lift Retaliatory Tariffs
July 18, 2011
Mexico Cuts Retaliatory Duties in Half
March 4, 2011
U.S. and Mexican Presidents Agree to End Cross-border Trucking Dispute
January 21, 2011
Department of Transportation Releases Mexican Trucking Concept Paper
11/02/2010
Canada Raises Penalties for Plant Act and Animal Act Violations
10/28/2010
Mexico Seeks Permanent Solution to U.S.-Mexico Trucking Dispute
August 18, 2010
Mexico Revises Lists of U.S. Products Subject to Retaliatory Tariffs in Trucking Dispute
June 21, 2009
U.S. and Mexico Agree to Additional Border Initiatives to Improve Security and Trade Facilitation
April 20, 2009
Trade-Related Highlights from President Obama's Trip to Mexico
March 18, 2009
Mexico Publishes List of US Products Subject to Retaliatory Tariffs in Cross-Border Trucking Dispute
March 17, 2009
Mexico Announces $2.4 Billion in Retaliatory Tariffs in US Cross-Border Trucking Dispute
March 5, 2009
President's Trade Agenda Policy Addresses FTAs, Stresses Workers' Rights
January 14, 2009
Deadline for Repayment of Byrd Funds Extended to March 28, 2009
December 10, 2008
CBP Demands Repayment of Byrd Amendment Distributions for Imports from Canada and Mexico
July 25, 2008
CBP Proposes Establishment of Uniform Country of Origin Rules for Imported Merchandise
June 13, 2008
CBP Issues Final Rule In Light of 2004 Court Decision Concerning Operations Incidental to Assembly
May 5, 2008
Canada Adopts New NAFTA Rule on Disassembly of Remanufactured Goods
January 17, 2008
NAFTA Fully Implemented as of January 1, 2008
December 17, 2007
CBP Agrees to Settle NAFTA Recordkeeping Case Against Ford Motor
October 12, 2007
TX Court Expands Importer's Duty to Review Supporting Documents for NAFTA Certificates of Origin
June 5, 2007
Justice O'Connor to Serve on NAFTA ECC Panels
May 15, 2007
CBP Issues Revised ICP on Determining Related Party Transaction Value Acceptability
Jul. 14, 2006
New Guidance on NAFTA Preference Override
Jun. 30, 2005
U.S. CBP Adopts NAFTA Rule on Disassembly
June 22, 2005
ITC to Study NAFTA Rule Changes
Feb. 17, 2005
NAFTA Rules Changes in Effect
Jun. 21, 2004
Ontario Premier Proposes Unified Border Inspection
Jan. 18, 2004
NAFTA MFN Harmonization
June 7, 2004
Supreme Court Settles Mexican Truck Access
Dec. 12, 2003
NAFTA Rules and MFN Harmonization
August 14, 2003
Programs to Speed U.S.-Canada Border Crossings
August 14, 2003
Proposal to Extend NAFTA Origin to Remanufactured Goods
June 3, 2003
United States Trade Representative Updates Trade Agreement Negotiation Status
April 2002
Canada to Require Correct 10-Digit HS Number
January 2002
Acceleration of NAFTA Tariff Elimination Affects $25 billion in total trade
November 2001
Court Decision Emboldens Customs' Scrutiny of NAFTA, AGOA, and CBTPA Claims.
November 2001
NAFTA Truck Accord
July 2001
CAFC Support NAFTA Marking Rules
May 2001
Department of Transportation Proposed Rule Could Affect Mexican Carriers Operating in U.S
November 2000
NAFTA Deadlines
November 2000
Special Alert: NAFTA 2001

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