Short answer
A USMCA compliant supplier is really a supplier whose goods qualify as originating under the agreement’s rules of origin: compliance attaches to the good, not the plant. The rules sit in General Note 11 of the US tariff schedule, and a certification of origin needs nine minimum data elements. Ask the supplier for origin data on your part.
Key facts
- In force
- 1 July 2020 (CBP)
- Where the rules are
- General Note 11, Harmonized Tariff Schedule of the United States
- Certification of origin
- Any format, with the nine minimum data elements of USMCA Annex 5-A
What compliant means
No plant is USMCA compliant in itself. A good qualifies, or does not, under the agreement’s rules of origin, which look at where its materials come from and where it is made. Two parts from the same plant can differ.
For imports into the United States, CBP points to the USMCA rules of origin in General Note 11 of the Harmonized Tariff Schedule of the United States. Automotive goods have their own provisions in the agreement; read the agreement text and take advice from a customs broker for your part.
The certification of origin
- CBP states that any format is acceptable, provided it contains the nine minimum data elements set out in USMCA Annex 5-A.
- Only the producer, exporter or importer may complete a certification of origin (19 CFR 182.12(f)(1), as CBP’s FAQ cites it).
- A certification is not required for a non-commercial importation, or for a commercial importation where the value of the originating goods does not exceed US $2,500, if it is not part of a series designed to evade compliance.
This guide summarises CBP’s public guidance. It is not customs or legal advice.
What to ask a Mexican supplier
- Who is the producer of the goodThe producer can complete the certification. Ask which legal entity makes the part, and where.
- Where the materials come fromOrigin depends on the materials and the process. Ask for the bill of materials and the country of origin of each input that matters for your part.
- Whether the supplier will certifyAsk whether it will provide the certification of origin with the nine data elements, and for which parts.
- How it keeps the recordsAsk how origin documents are kept and how quickly it can produce them.
What registries can and cannot show
DENUE, the IMMEX directory and the SAT 69-B list show that a plant exists, that it exports under a program and that the tax authority has not listed it. They say nothing about origin. Read the verification guide for the checks that come first, and the IMMEX guide for what an export program is.
Frequently asked questions
What does USMCA compliant mean?
USMCA compliant means a good qualifies as originating under the agreement’s rules of origin, which CBP places in General Note 11 of the Harmonized Tariff Schedule of the United States. The status attaches to the good, not to the plant that makes it, so two parts from one supplier can differ.
What is required on a USMCA certification of origin?
CBP states that any format is acceptable, provided it contains the nine minimum data elements set out in USMCA Annex 5-A. No specific form is required. Only the producer, exporter or importer may complete the certification. Ask your customs broker which elements your part needs.
Is a certification of origin always required?
No. CBP’s FAQ says a certification of origin is not required for a non-commercial importation, or for a commercial importation where the value of the originating goods does not exceed US $2,500, provided the importation is not part of a series designed to evade compliance.
Does Testigo check USMCA origin?
No. Testigo checks three public registries: DENUE, the IMMEX directory and the SAT 69-B list. Whether a part is originating depends on its materials and process, which a registry cannot show. Ask the supplier for origin data and take advice from a customs broker.