U.S. Customs and Border Protection has issued an interim final rule that adds implementing regulations covering various provisions of the U.S.-Mexico-Canada Agreement, including those affecting automotive goods, textile and apparel goods, drawback and duty deferral, recordkeeping and protests, temporary admission of goods, applicable fees, and other conforming amendments.
This rule will be effective as of March 18, which is also the due date for comments. However, compliance with the labor value content certification, steel purchasing certification, and aluminum purchasing certification provisions will only be required for vehicle certifications submitted to CBP on or after May 19.
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Automotive Goods
CBP states that covered vehicles (i.e., light trucks, heavy trucks, and passenger vehicles) are only eligible for USMCA preferential tariff treatment if the producer of the vehicle has certified that the production meets the labor value content, steel purchasing, and aluminum purchasing requirements.
Under this rule, starting May 19 producers of covered vehicles must submit LVC, steel purchasing, and aluminum purchasing certifications to CBP at least 90 days prior to the beginning of the certification period with the additional data elements specified in the relevant regulations (19 CFR 182.95, 182.96, and 182.97) using the USMCA Automotive Certification Portal. Certifications submitted prior to that date do not have to comply with this requirement.
Further, CBP is assigning a unique identifier for each such vehicle certification that will be generated at the time it is submitted and must be provided on entry summary documents to claim preferential tariff treatment.
Finally, CBP is requiring vehicle producers with vehicle certifications for covered vehicles subject to an exemption or different requirements under an alternative staging regime to comply with the requirements set forth in 19 CFR 182.95(b), 182.96(b) or 182.97(b), and 182.106(c).
Textiles and Apparel
With respect to textiles and apparel, this rule provides that CBP will (1) use certificates of eligibility to administer tariff preference levels for textile or apparel goods claiming USMCA preferential treatment (since goods subject to TPLs are not originating and the certification of origin requirement therefore does not apply), and (2) use site visits to verify whether a good qualifies for USMCA preferential tariff treatment.
Other
This rule also includes provisions on the following topics.
- drawback
- temporary admission of goods
- determination of origin
- advance rulings
- customs administration and trade facilitation
- instruments of international traffic
- merchandise processing fees
- recordkeeping requirements for importers, exporters, and producers
- protest rights
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