How do you get a nafta certificate

However, for goods to qualify for NAFTA preferential duties, the invoice accompanying the commercial importation must include a statement certifying that they qualify as originating goods under the NAFTA rules of origin.

The statement should be handwritten, stamped, typed on or attached to the commercial invoice. The exporter must then send the Certificate to the importer. While the Certificate does not have to accompany the shipment, the importer must have a copy of the Certificate in hand before claiming the NAFTA tariff preference at customs. Certificates of Origin may, at the discretion of the exporter, cover a single importation of goods or multiple importations of identical goods.

In some cases, an exporter may not have the NAFTA Certificate of Origin ready at the time of export; however, the importer still has up to one year after the goods go through customs to make a claim for the NAFTA tariff preference and to apply for a refund of duties paid at the time of entry. Who is responsible for determining if the product qualifies under NAFTA and for completing the certificate?

The Certificate of Origin must be completed and signed by the exporter of the goods. Exporters who are not producers often request that their producers or distributors provide them with a NAFTA Certificate of Origin as proof that the final good, or an input used in the manufacture of the final good, sold to Mexico or Canada meets the rules of origin. However, if the non-exporting producer does complete the NAFTA Certificate of Origin, they are subject to the same obligations regarding record.

In the United States, the exporter is required to retain either the original or a copy of the Certificate for five years from the date of signature.

The importer is required to retain the Certificate and all other relevant documentation for five years after the importation of the goods. Adequate records relating to the goods, and their materials and production must support the facts asserted in the Certificate. Mexican exporters must maintain a copy of the Certificate for 10 years. Canadian importers and exporters are required to keep the Certificate for six years from the time of the transaction for the importer and six years from the date of signing for the Canadian exporter.

Skip to main content. How do I determine where my good is classified? How can I tell if my product qualifies for duty free treatment? How do I complete the Certificate of Origin? However, if the non-exporting producer does complete the NAFTA Certificate of Origin, they are subject to the same obligations regarding record keeping and other obligations as is the exporter.

Under this criterion, one or more of the materials may not fall within the definition of "wholly produced or obtained", as set out in Article All materials used in the production of the good must qualify as "originating" by meeting the rules of Article a through d. Reference: Article c. D Goods are produced in the territory of one or more of the NAFTA countries but do not meet the applicable rule of origin, set out in Annex , because certain non-originating materials do not undergo the required change in tariff classification.

The goods do nonetheless meet the regional value-content requirement specified in Article d. This criterion is limited to the following two circumstances:. D-1 the good was imported into the territory of a NAFTA country in an unassembled or disassembled form but was classified as an assembled good, pursuant to HS General Rule of Interpretation 2 a ; or. D-2 the good incorporated one or more non-originating materials, provided for as parts under the HS, which could not undergo a change in tariff classification because the heading provided for both the good and its parts, and was not further subdivided into subheadings, or the subheading provided for both the good and its parts and was not further subdivided.

E Certain automatic data processing goods and their parts, specified in Annex Reference: Annex F The good is an originating agricultural good under preference criterion A, B or C above and is not subject to a quantitative restriction in the importing NAFTA country because it is a "qualifying good" as defined in Annex A good listed in Appendix For each good described in field 5, state "YES" if you are the producer of the good.

If you are not the producer of the good, state "NO" followed by 1 , 2 , or 3 , depending on whether this certificate was based upon:. For each good described in Field 5, where the good is subject to a regional value content RVC requirement, indicate "NC" if the RVC is calculated according to the net cost method; otherwise, indicate "NO".

Reference: Articles Common Error: Many NAFTA certificates are found to be invalid due to the exporter stating the actual cost of the commodities in this field. As stated above, the net cost field is not asking for actual cost of the good but which method is being used to ascertain that the commodities being imported meet the NAFTA Rules of Origin.

Common Error: The NAFTA certificate is invalid and ineffective if the commodities listed are not produced in a participating country in the agreement. Many people do this so that whoever is clearing the goods knows where the items are made. This field must be completed, signed and dated by the exporter. When the Certificate is completed by the producer for use by the exporter, it must be completed, signed and dated by the producer.

The date must be the date the Certificate was completed and signed. In many cases, the number of pages is left blank or it is signed by a person in an administrative position. The Canada Border Services Agency CBSA has been known to question the validity of the certificate when signed by someone with questionable knowledge of the information. Valid NAFTA certificates used for the relief of customs duties must be kept as part of the importer's records that are required to be kept for seven 7 years following the customs clearance.

Gloria Terhaar has over 17 years of Canadian customs brokerage experience. Gloria has extensive experience in all aspects of documentation and regulatory requirements as they relate to importing products into Canada.

In , Gloria also participated in the Canadian Produce Marketing Association and the Canadian Horticultural Council advocacy event "Fall Harvest" in Ottawa where she participated in advocacy efforts for the Canadian produce industry. How can we help you? Tell us how we can help. Ship Internationally Learn About Trade. Shipment Status Customs Brokerage freight industries tools about Careers. US Canada Freight. US Canada. PCB Blog. Dos And Don'ts Of Section Understanding Trade Deficits and Surpluses.

Instructions On Filling Out The Certificate Of Origin Below are the instructions outlining how to correctly complete each field of a NAFTA certificate, as well as some of the most common errors customs brokers identify when validating certificates.

FROM - the date upon which the Certificate becomes applicable to the good covered by the blanket Certificate it may be prior to the date of signing this Certificate. TO - the date upon which the blanket period expires. The importation of a good for which preferential tariff treatment is claimed based on this Certificate must occur between these dates. Field 3 - Producer's Name And Address State the full legal name, address including country and legal tax identification number, as defined in Field 1, of the producer.

Field 4 - Importer's Name And Address State the full legal name, address including country and legal tax identification number, as defined in Field 1, of the importer. Field 5 - Description Of Goods Provide a full description of each good. Field 6 - H. Share this post. Canadian Regulatory Analyst. While we strive for accuracy in all our communications, as the Importer of Record it is incumbent upon your company to ensure that you are aware of the requirements under the new regulations so that you maintain compliance as always.

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