Getting the USMCA Certification of Origin Right: What Importers Need to Know

by Kevin King, MBA

Founder, Clear Customs and Trade Solutions, LLC

If you want to claim duty-free treatment (and get exemption from IEEPA tariffs in the U.S. until at least April 2) under the United States-Mexico-Canada Agreement (USMCA), it’s important to become familiar with the USMCA Certification of Origin. This document is what you use to establish to U.S. Customs and Border Protection (CBP) that your goods qualify under USMCA rules of origin.?

Unlike the old NAFTA certificate, USMCA doesn’t require a specific government form and doesn’t have to be completed by the exporter. Instead, the certification can appear on an invoice, other commercial documents such as a bill of lading or packing list or be created as a separate statement. It can be prepared by the exporter, importer or producer of the goods. Regardless of the format used and the party completing it, the certification must contain the required minimum data elements. This approach provides importers and suppliers more flexibility, but it also puts more responsibility on the importer to make sure the certification is correct and complete.?

To be valid, the USMCA Certification of Origin must include:?

• The type of certifier (importer, exporter or producer)?
• The name and contact details of the certifier?
• The name and contact details of the exporter, producer, and importer (if known)?
• A description of the goods?
• The six-digit Harmonized System (HS) code?
• The origin criteria under which the goods qualify?
• The validity period of the certification (not to exceed 12 months)?
• The certification statement (a specific legal declaration made by the certifier)?
• The certifier’s signature and date?

Importers should review carefully both the certifications they prepare and those they receive from suppliers. If any of the required elements are missing, or if the origin claim doesn’t match the product’s actual origin, it could result in denied claims, retroactive duties, and penalties. Remember, CBP has the right to request supporting documentation at any time to verify the claim.?

Also keep in mind that the certification must be in the possession of the importer at the time of claim, and importers are responsible for keeping records to back up their claim for five years. If you’re claiming USMCA benefits on multiple shipments of the same product, a blanket certification can be used for a period of up to 12 months.?

Finally, make sure your suppliers understand the importance of accuracy. USMCA origin claims can be denied if suppliers issue incorrect or unsupported certifications. Consider providing guidance or training, check documents regularly, and where feasible ask for backup like bills of materials or cost breakdowns if needed.?

When done right, the USMCA Certification of Origin can be a valuable tool to help you save on duties. Having a thorough understanding of the requirements of this document allows importers to use it to maximum advantage while avoiding costly consequences of missing or incorrect information.?

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