As the title might suggest, it is once again time to renew your free trade agreement (FTA) certifications, including your CUSMA/USMCA/T-MEC Certificate of Origin. 

If you already know what we are talking about, then just consider this a friendly reminder to get your certification in order as you’ve done in the past. Complete information about filling out a certificate of origin can be found below. As always, when you are ready, you are encouraged to contact your broker to initiate this process, and you are encouraged to do it as promptly as possible. Sooner is always better than later in our current trade environment. 

However, if you don’t know what an FTA like CUSMA/USMCA/T-MEC is, why it’s important to renew free trade agreement documents, or what documents you need to renew your FTA, then read on because in this week’s blog, we are going to cover all of it.

What is a Free Trade Agreement? 

A free trade agreement is an understanding between nations to eliminate or significantly reduce tariffs and the trade barriers that exist between them. 

Importers can take advantage of these agreements, which represent one of the best ways to save money at Customs. Under the auspices of these agreements, goods that are wholly from one of the relevant countries can be imported into another country with reduced or free duties. Canada maintains around 15 of these agreements internationally with over 50 countries, while the US has around 14 with 20, but for both countries, the most prolific is undeniably CUSMA/USMCA/T-MEC. 

CUSMA/USMCA/T-MEC, for those unaware, is the myriad-named agreement between Mexico, Canada, and the US. Each country orders the letters of the acronym differently, but they are different names for the same thing, and each name can be used interchangeably. In this blog, we’re going to list all three. 

Notably, the large majority of the tariff orders issued in the past few years have had exceptions within CUSMA/USMCA/T-MEC. So, it is incredibly important to review your goods' eligibility as qualification for this FTA could offer significant cost savings. 

On the other hand, there are exceptions, and some trade actions, like the Section 338 tariffs, did not afford a duty reduction for eligible goods from CUSMA/USMCA/T-MEC. For those, it is important to lean on services like our comprehensive classification reviews, particularly if you have not yet had a deep dive on your classifications or if you have been using the same one for some time. Your situation may have changed under your feet, and the only way to know for sure is with a comprehensive review. 

What is a Certificate of Origin? 

A certificate or certification of origin is the document or required data elements that indicate your goods comply with the rules of origin laid out by the FTA you are attempting to qualify for. 

An FTA’s rules of origin are the guidelines for how much production must occur in a specific country for the goods to be considered having ‘originated in,’ and therefore entitled to a specific tariff treatment.’ Not to be confused with where the goods are exported. This is concerned with where the goods are grown or produced and where the parts used in their manufacture come from. They are also concerned with whether the goods have remained outside the commerce of non-member countries.

A good example is plants or vegetables, which are almost always grown in a single country. Their origin is simple to determine; however, it becomes more complicated when considering how much of a highly manufactured good must be from a country for it to qualify under the relevant FTA’s rules of origin. 

We have a blog post that covers the topic in more detail, and you are encouraged to read it as a companion to this post, but the key point is that the rules of origin differ from one FTA to another, and CUSMA/USMCA/T-MEC is no exception. Every year, you are expected to declare your goods as being compliant with the rules of origin laid out by the FTA you are seeking to qualify for. You then file the declaration with your customs broker and/or importer of record, who sends it to the relevant Customs authority. 

In general, FTAs are a self-certifying process. This means that it is entirely up to the importer to declare what qualifies and what doesn’t. There are a few upshots to that, but the most notable one is that it makes FTA documentation a routine target for audits and verifications, and they can be targeted up to five years after the goods cross, depending on which side of the border your business resides. So, while it is self-certified, keep in mind that makes accuracy MORE important, and you are encouraged to work with your broker to ensure your goods are correctly defined before you submit the certification.

For certainty in your FTA declarations, you are encouraged to put our FTA Review and Ruling Services to work. We can write to the CBSA or CBP for FTA origin qualifications, and help ensure you are covered in the case of a verification or audit. 

Important Note on Certification and Documentation

Ultimately, the certification process is entirely self-served and, in truth, is largely for the benefit of organizing your claims both for your own internal use and that of your broker. What is more important, beyond the certification itself, is how you prove your goods meet the necessary criteria. These elements can and will be audited/verified, and you are encouraged to be prepared. 

Examples of some of the documents that could serve to prove your goods qualification include: 

• Production or component purchasing invoices
• Supply chain records that demonstrate a link from procurement to purchase
• Labor, costing, and other production overhead records
• Any official documentation that shows where a material or good came from
  

Ensuring that you have the necessary documentation to prove the claims that you are making is vitally important. Not only can Customs audit certifications like any other element of an import, but they can take up to five years to do so. 

How to Fill Out a Certification of Origin for CUSMA/USMCA/T-MEC?

CUSMA/USMCA/T-MEC certificates require annual renewal, and renewing this document essentially means recertifying with the same nine minimum required data elements you submitted in the CUSMA/USMCA/T-MEC Certification of Origin form. Like a new certification, you then provide the completed document to your broker. 

The data elements are as follows: 

1. Certifier

This field is here to indicate who you are as the certifier. Are you an exporter, producer, or importer of the goods? It essentially informs the reviewer that the person filling out the document is relevant to the goods. 

2. Certifier Details

Here is where you list your contact information for Customs, including: 

• Name
• Title within your company
• Company’s complete address
• Phone number
• Email address

3. Exporter Details (if different from the certifier)

There are three possible outcomes for this field, depending on who you are in the process: 

• Exporter and Certifier: If you are both the exporter and the certifier listed above, you can fill this area out again with your details. However, at a minimum, you need to include your company name, as it will be included above in field two. 
• Producer: It is possible you don’t know the identity of the exporter, in which case the information here is not required and you may put “Unknown” in the field. 
• Importer: You must complete this field entirely. Notably, the address of the exporter in this field should be the goods’ place of export and a residence within a North American country.

4. Producer Details 

Once again, there are three options for this section: 

• Producer and Certifier: You may fill this out completely or, at the very least, include your company name, as you have listed the other information in field two. 
• There are multiple producers: You are allowed to state ‘Various’ and then provide a list of those producers. 
• The relevant party wishes to stay confidential: You are free to state ‘Available Upon Request,' if you are recertifying for USMCA, or ‘Available upon request by authorities’ if you are recertifying for CUSMA. But, in either case, understand that if this information is requested, you will be obligated to divulge it. The address of the producer in this field should be the goods’ place of production and, like above, should reside within a North American country. 

You are also permitted to put ‘Unknown’ in this field, but be aware that it is a magnitude more difficult to certify goods if the producer of those goods is unknown. 

5. Importer Details

If you are the producer or the exporter and you know the importer’s details, this is the field to provide those details. 

If there are multiple importers, you may state "Various" and provide a list of the importers upon request. 

If you do not know the importer, simply state ‘Unknown’. 

6. HS Tariff Classification (6a) & Description of the Good and Invoice Number (6b) 

In Section 6a, you must provide the HS tariff classification for these goods to the six-digit level as listed in the Customs Tariff. If you need assistance determining this code, please do not hesitate to contact your broker. 

In Section 6b, you need to provide a description of the goods in simple and understandable terms (i.e., layman's terms). The description should be enough to easily identify the goods covered by this form. 

Additionally, if this form covers a single shipment, please indicate the invoice number associated with the shipment. If it covers goods on multiple shipments and for which the invoice numbers are not yet known, or if you simply don’t know the invoice number, they can be excluded. 

7. Origin Criterion

In this section, you are indicating which of the origin criteria your goods fall under as set in Article 4.2 - Originating Goods of the rules of origin document. 

You must select A, B, C, or D from the following: 

1. Wholly obtained or produced entirely in the territory of one or more of the Parties, as defined in Article 4.3 (Wholly Obtained or Produced Goods)

Essentially, this indicates that the good was made, grown, or produced entirely within North America. The best examples here are plants or vegetables.

2. Produced entirely in the territory of one or more of the Parties using non-originating materials, provided the good satisfies all applicable requirements of Annex 4-B (Product-Specific Rules of Origin)

These are goods that are almost entirely made with components produced in North America, but include some parts from other countries. A notable example might be a bed frame made in Canada, entirely of Canadian lumber, but assembled with Chinese screws. 

3. Produced entirely in the territory of one or more of the Parties exclusively from originating materials

These are goods that are manufactured within North America and use North American components. If we expand on the bed frame example, it would be like if it were made with Canadian wood and American screws. The component parts are all still within the FTA’s jurisdiction. 

4. Narrow Cases 

Criterion D applies when a good is produced entirely in the territory of one or more CUSMA/USMCA/T-MEC parties, is classified with its materials or satisfies the “unassembled goods” requirement, and meets the stated Regional Value Content threshold based on the method used. 

You are encouraged to work closely with your broker to make sure your goods are identified by the correct criteria. 

8. Period Covered by Certification (If Applicable) 

If the certification covers multiple shipments of identical goods, this field is used to specify the date range for that period, which can be up to 12 months. 

For example, a typical FTA document validity period is a year, from January 1st to December 31st. 

While it isn’t required, a question we are regularly asked is how to find free trade agreement expiry dates, and the answer is that you established it when you certified the goods. It is highly recommended that all blanket FTAs be dated for a standard calendar year. This is largely to ensure that importers can maintain consistent renewal dates year after year.

9. Certification 

Finally, the certification must include the mandatory certification 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.” 

Then have it signed and dated by the Certifier. Remember, by filling out this form, you are declaring that you believe the goods qualify under the rules of origin for CUSMA/USMCA/T-MEC. Once it is signed, you are done, and it’s time to submit it to your customs broker. 

—

Like everything in international trade, working with a trade advisor or a skilled customs broker can be a significant advantage in the certification process and the management and maintenance of your records. 

For more information about FTAs or assistance with your downloaded certificate of origin, be sure to get in touch with our Trade Advisory Service team today. 

Whether you are renewing your certificates or doing this for the first time, we can help. From identifying and assisting you in your qualification for relevant FTAs to determining the country of origin for your goods and submitting the necessary paperwork for certification, our FTA Review Service is here to get you importing under an FTA quickly and easily. 

With our help, this can be just another yearly task scratched off your list, so get in touch today!