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CBP Corrects Notice on Indicating Preference Criterion on FTA Certificates of Origin

Friday, December 06, 2013
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has made the following additions and corrections to a previous notice reminding filers of the importance of accurate claims for duty-free treatment under U.S. free trade agreements.

- The U.S.-Korea FTA was inadvertently omitted from the list of FTAs that employ a tariff-shift methodology. This list also includes NAFTA, DR-CAFTA and the FTAs with Chile, Singapore, Australia, Peru, Colombia and Panama.

- The FTAs with Morocco, Bahrain and Oman also employ a tariff-shift methodology for textile goods and a few other items specified in HTSUS General Notes 27(h), 30(h)and 31(h), respectively.

- Also inadvertently omitted was a statement that the Chile FTA, like NAFTA, provides for preference criteria “A,” “B,” “C” and “D.” As such, a good that originates under the terms of the Chile FTA by means of a product-specific rule of origin (a.k.a. tariff shift rule) may indicate either “Criterion B” or the more detailed product-specific rule, such as HTSUS General Note 26(n) xx.xx (where “xx.xx” refers to the discrete product-specific rule pertaining to the good).

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