2014 NAFTA And Free Trade Agreement Renewal Time
15
OCT
'
13

2014 NAFTA And Free Trade Agreement Renewal Time

With the end of the year quickly approaching, now is the time for importers and exporters to review, update and renew their blanket North American Free Trade Agreement (NAFTA) Certificates of Origin and/or other Free Trade Agreement Certificates of Origin on file with Pacific Customs Brokers.

Importer Responsibilities Under NAFTA:

As with other preferential trade programs, the importer bears responsibility to claim the benefits. A claim for preferential NAFTA treatment is done when the Certificate of Origin is supplied with the Customs documents at the time the goods enter Canada, Mexico or the United States.

NAFTA creates a free trade area, not a common market. Customs administrations will still exist and goods entering Canada, Mexico or the United States must still comply with each country's laws and regulations. Importers need to be aware the agreement does not allow for the unchecked movement of goods among Canada, Mexico and the United States.

Exporter Responsibilities Under NAFTA:

The exporter is responsible for fully completing the Certificate of Origin, also referred to as the NAFTA Certificate. If you are exporting or importing eligible goods and you are not the producer or the manufacturer these are your three options:

  1. Complete your own certificate of origin based on the information from your producer's or manufacturer's NAFTA.
  2. Complete your own certificate of origin based on a letter from the producer or manufacturer explaining why the goods would be eligible for NAFTA.
  3. Complete your own certificate of origin based on your own knowledge of the product.
NAFTA Certificate of Origin: Top 5 Mistakes And How To Avoid Them

Correctly Completed Certificates:

For companies reviewing NAFTA Certificates of Origin (NCO) from their North American vendors, the first step is to ensure that at face value, the certificate has proper coding and is fully completed. While this might sound like common sense you would be surprised how many certificates are missing information or contain unacceptable data (for instance, indicating a dollar value in the net cost column). In order to assure accuracy of the data, you need to have sufficient knowledge regarding the completion of the document, the basics of which are usually found on the second page of the Certificate of Origin. If not completed accurately, you are at risk for Administrative Monetary Penalties System (AMPS) and potential duties issued by Canada Border Services Agency.

eManifest AMPS Penalty Assessments Now Issued At The Border

An Opportunity To Increase Your Awareness:

If you are unsure about your knowledge and ability to perform this step, Pacific Customs Brokers offers a variety of services to cover verification, collection, review and maintenance of Certificates of Origin, as well as a seminar. For details and to register »

speak to trade advisor
Disclaimer: While reading, kindly note the date of this blog. At PCB we do our due diligence to write on the most relevant topic every week and naturally content may become dated as developments in a certain program/topic occur. For this reason, we greatly appreciate your readership and hope you continue reading with the posting date in mind. For the latest information on this topic please use our website's search function, or better yet, subscribe to our "Trading Post" newsletter to receive these updates directly to your inbox.
Share this post
About the Author
Gloria Terhaar
CCS (CA/US), CTCS, LCB

Gloria Terhaar began her customs brokerage career in 2002 and soon after joined PCB Global Trade Management. Since her start date in 2007, Gloria Terhaar has forged an impeccable reputation working progressively from an operations role to her current responsibilities as Trade Compliance Supervisor and a Regulatory Analyst. In these roles her in-depth knowledge of regulatory requirements relating to imports into Canada ensures that our company’s practices are developed and updated to operate within government regulations. She is a dependable, approachable problem-solver and critical thinker with the resilience to tackle and handle many job responsibilities in an agile manner. Gloria enjoys educating others about Importing and has spoken at talks for MNP, the Surrey Board of Trade, TFO Canada, the BC Produce Marketing Association and various importers. She also represents PCB on the Canadian Produce Marketing Association Government Issue Management Committee and participates in annual advocacy events, where she advocates to Government officials for the Canadian produce industry. Recently, she was also accepted to participate on the CSCB task force related to the CBSA Assessment and Revenue Management (CARM) initiative. Gloria's passion for customs brokerage is shown in her commitment to educating trade chain partners about the industry and keeping abreast of the ever changing landscape of Acts, Regulations and policies that affect trade.

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.