Provision
USMCA
NAFTA
Basis of a
Certification of
Origin
Change from NAFTA
• The certification of origin may be
completed by the importer, producer, or
exporter of the good.
• The Certificate of Origin must be
completed and signed by the
exporter/producer of the good.
Certificate of
Origin Template
•
•
The USMCA does not require a
certificate – CBP Form 434.
Rather, the certification of origin must
contain the nine (9) minimum data
elements set forth in Annex 5-A and
meet other requirements of Chapter 5.
• Under NAFTA, Canada, Mexico and
the United States established a uniform
Certificate of Origin that is used in all
three countries to certify that imported
goods qualify for preferential tariff
treatment
Minimum Data
Elements
No change
• The 9 minimum data elements include:
o (1-5) information about the certifier, exporter, producer, and importer of the good;
o (6) description and Harmonized Tariff System (HTS) classification of the good to
the 6-digit level;
o (7) the origin criteria under which the good qualifies;
o (8) the blanket period (if the certification covers multiple shipments); and
o (9) Authorized signature and date.
Origin Certification Requirements
FACT SHEET
Overview
The new United States-Mexico-Canada Agreement (USMCA) allows importers to complete a certification of
origin to include nine required data elements as well as a certification statement. These data elements do not
need to follow a prescribed format. The USMCA also allows a certification of origin to be completed and signed
with an electronic or digital signature.
These new requirements mark a change from the North American Free Trade Agreement (NAFTA), which
required a uniform Certificate of Origin (CBP Form 434) that could only be signed by the exporter/producer of
the goods. In addition, NAFTA certificates required a wet signature and did not allow electronic signature.
References
• USMCA • NAFTA
o Final Text: Chapter 5, Articles 5.3, 5.4, 5.7, o Final Text: Chapter 5, Articles 501, 502,
and Annex 5-A and 504
o CFR: 19 CFR 181.11
Significant Changes in USMCA
CBP.gov/Trade | @CBPTradeGov
CBP Publication No.
1159-0620
This document is for informational and advisory purposes only. It is not intended to have legal or binding effect. Any decisions a reader
makes based on this document are made with the understanding that the information in this document is advisory only and may change.
Provision
USMCA
NAFTA
Single or Multiple
Shipments and
Threshold Value
No change
• A certification of origin may apply to a single shipment or to multiple shipments of
identical goods within a 12-month period and must be accepted by a Party’s customs
administration for four years after its completion.
• The USMCA does not modify the threshold value (USD $1,000) below which a
certification of origin is not required.
Electronic
Submission and
Signature
• The USMCA allows a certification of
origin to be completed and submitted
electronically and signed with an
electronic or digital signature.
• NAFTA did not accept Certificates
signed using electronic or digital
signature
Additional
Obligations
• The USMCA authorizes a Party to
request that importers prove that goods
have been shipped in accordance with
Article 4.18 of the Agreement (Rules of
Origin – Transit and Transshipment).
• NAFTA transit and transshipment
obligations required Customs control of
good in third party country.
Errors and
Discrepancies
• Each Party shall provide that it shall not
reject a certification of origin due to
minor errors or discrepancies.
• No provision.
• The importer shall be granted a period
of not less than five working days to
provide the customs administration with
a copy of the corrected certification of
origin.
Origin Certification Requirements
D
etailed USMCA/NAFTA Side-by-Side
Provision
Basis of a
USMCA
1. Each Party shall provide that if a
NAFTA
1. The Parties shall establish by January 1,
Certification of
producer certifies the origin of a good, 1994 a Certificate of Origin for the
Origin
the certification of origin is completed
on the basis of the producer having
information, including documents, that
demonstrate that the good is originating.
2. Each Party shall provide that if the
exporter is not the producer of the good,
purpose of certifying that a good being
exported from the territory of a Party
into the territory of another Party
qualifies as an originating good, and
may thereafter revise the Certificate by
agreement.
the certification of origin may be
completed by the exporter of the good
on the basis of:
a) having information, including
documents, that demonstrate that the
good is originating; or
b) reasonable reliance on the
producer’s written representation,
such as in a certification of origin,
that the good is originating.
3. Each Party shall provide that a
certification of origin may be completed
2. Each Party may require that a
Certificate of Origin for a good
imported into its territory be completed
in a language required under its law.
3. Each Party shall:
a) require an exporter in its territory to
complete and sign a Certificate of
Origin for any exportation of a good
for which an importer may claim
preferential tariff treatment on
importation of the good into the
territory of another Party; and
Provision
USMCA
NAFTA
by the importer of the good on the basis
b) provide that where an exporter in its
of the importer having information, territory is not the producer of the
including documents, that demonstrate good, the exporter may complete and
that the good is originating. sign a Certificate on the basis of:
4. For greater certainty, nothing in
paragraph 1 or 2 shall be construed to
allow a Party to require an exporter or
producer to complete a certification of
origin or provide a certification of
origin or a written representation to
another person.
i. its knowledge of whether the good
qualifies as an originating good,
ii. its reasonable reliance on the
producer' s written representation
that the good qualifies as an
originating good, or
iii. a completed and signed Certificate
for the good voluntarily provided
5. Each Party shall provide that a
to the exporter by the producer.
certification of origin may apply to:
a) a single shipment of a good into the
territory of a Party; or
4. Nothing in paragraph 3 shall be
construed to require a producer to
provide a Certificate of Origin to an
b) multiple shipments of identical
exporter.
goods within any period specified in
the certification of origin, but not
exceeding 12 months.
5. Each Party shall provide that a
Certificate of Origin that has been
completed and signed by an exporter or
6. Each Party shall provide that a
a producer in the territory of another
certification of origin for a good
Party that is applicable to:
imported into its territory be accepted
by its customs administration for four
years after the date the certification of
origin was completed.
a) a single importation of a good into
the Party' s territory, or
b) multiple importations of identical
goods into the Party's territory that
(Reference: Chapter 5, Article 5.3)
occur within a specified period, not
exceeding 12 months, set out therein
by the exporter or producer, shall be
accepted by its customs
administration for four years after
the date on which the Certificate was
signed.
(Reference: Chapter 5, Article 501)
Origin Certification Requirements
