Drawback filers should not file any USMCA drawback claims at this time, CBP said in a CSMS message. Some technical changes to ACE need to be made before CBP can accept USMCA claims, and the agency will send out another CSMS message when they have been deployed. “Please continue to file NAFTA drawback claims, if applicable, under the NAFTA requirements,” CBP said. Filers will not be allowed to commingle NAFTA and USMCA imports on the same drawback claim. “The date of entry determines which agreement controls, not the date of claim,” it said.
CBP issued its final USMCA implementing instructions late June 30, it said in a CSMS message issued late that day. “These USMCA Implementing Instructions replace the Updated USMCA Interim Implementing Instructions issued on June 16, 2020, and provide guidance on the new requirements under the USMCA, including information on USMCA entry, compliance, rules-of-origin, origin certifications, new auto requirements, textile requirements, and other requirements for claiming USMCA preferential treatment for goods,” CBP said. “Effective July 1, 2020, the North American Free Trade Agreement (NAFTA) terminates and the USMCA enters into force.”
In calls hosted by CBP on the last day of NAFTA, and the first day of USMCA, trade professionals were anxious to understand what they should change in paperwork.
Mexican companies may struggle to comply with U.S.-Mexico-Canada Agreement provisions due to uncertainty caused by the COVID-19 pandemic and confusion about certificate of origin provisions, two former Mexican government officials said. Some Mexican businesses may opt to forgo the preferential treatment under USMCA, which takes effect July 1, and instead pay most favored nation rates on imports until they better understand the agreement’s provisions, the former officials said.
The Office of the U.S. Trade Representative is establishing a new tariff-rate quota for imports of sugar-containing products from Canada under the U.S.-Mexico-Canada Agreement, it said in a notice. Effective July 1, the TRQ will allow imports at an in-quota rate of up to 9,600 metric tons of sugar-containing products, as defined in Annex 2-B to USMCA. USTR will require export certificates issued by the Canadian government for goods entered under the TRQ. “No SCP that is the product of Canada will be permitted entry under the in-quota tariff rate established for imports of SCPs from Canada, unless at the time of entry the person entering the SCP makes a declaration to [CBP], in the form and manner prescribed by CBP, that a valid export certificate is in effect for the SCP,” USTR said in the notice. The certificate requirement will remain in effect going forward unless USTR issues a determination that export certificates will not be required in any given year.
Senate Finance Committee Chairman Chuck Grassley, R-Iowa, celebrated the switchover from NAFTA to the U.S.-Mexico-Canada Agreement -- coming July 1 -- but also talked about a trade irritant with Canada and one with Mexico in a conference call with reporters June 30.
CBP issued the following releases on commercial trade and related matters:
CBP is issuing a notice amending its National Customs Automation Program reconciliation test to provide for the filing of post-importation claims under 19 USC 1520(d) -- also known as 520(d) claims -- for U.S.-Canada-Mexico Agreement treatment beginning on July 1. As with 520(d) claims for NAFTA and other free trade agreements, importers of entries flagged for USMCA must file their reconciliation entries within 12 months of the earliest import date for the flag. Post-importation refunds of merchandise processing fees (MPF) are not currently allowed under USMCA, but CBP says importers may “wish to flag USMCA entries for the possibility of MPF refunds for a post-importation USMCA claim, as CBP will provide for refunds consistent with any legislative changes.” For goods entered prior to July 1, the date when USMCA takes effect, importers may continue to submit post-importation NAFTA claims. “Since importers may file post-importation claims at any time within one year after the date of importation, no post-importation claims for NAFTA preference will be accepted after June 30, 2021,” CBP said.
International Trade Today is providing readers with some of the top stories for June 22-26 in case they were missed.
President Donald Trump on June 30 released the annexes to Presidential Proclamation 10053, including provisions to implement the U.S.-Mexico-Canada Agreement, scheduling it for publication in the July 1 Federal Register. Among the annexes are new General Note 11 to the Harmonized Tariff Schedule, which lays out USMCA rules of origin. The proclamation also adds new special program indicators (SPIs) “S” and “S+” throughout the tariff schedule for goods eligible for USMCA treatment. These changes take effect July 1.