• To : Automated Broker Interface
Subject: CERTIFICATE OF ORIGIN
TO : ALL ABI BROKERS.                                                     

FROM : LISA CROSBY                                                        

SUBJECT : NAF-CERTIFICATE OF ORIGIN                                       

DATE : 12/01/93                                                           

                             4327071                                      
                        DECEMBER 1, 1993                                  

CATEGORY:  NAF                                     CO:TO:T:T  LAC         

TO     :  REGIONAL DIRECTORS FOR COMMERCIAL OPERATIONS, DISTRICT          
          AND PORT DIRECTORS                                              

FROM   :  DIRECTOR, NAFTA IMPLEMENTATION TASK FORCE                       

SUBJECT:  FACT SHEET 5:  INTERIM MEASURES PENDING AVAILABILITY OF         
          CF 434 (CERTIFICATE OF ORIGIN FOR THE NORTH AMERICAN FREE       
          TRADE AGREEMENT)                                                

BACKGROUND:                                                               

     THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) REQUIRES             
MEXICO, CANADA AND THE UNITED STATES TO DEVELOP A UNIFORM                 
CERTIFICATE OF ORIGIN TO CERTIFY THAT ORIGINATING GOODS IMPORTED          
INTO THEIR TERRITORIES QUALIFY FOR THE PREFERENTIAL TARIFF                
TREATMENT ACCORDED BY THE NAFTA.  ARTICLE 502 OF THE AGREEMENT            
PROVIDES THAT ONLY IMPORTERS WHO POSSESS A VALID CERTIFICATE OF           
ORIGIN MAY CLAIM PREFERENTIAL TARIFF TREATMENT.                           

     IMPORTERS AND BROKERS HAVE EXPRESSED CONCERN THAT DELAY IN           
MAKING THE CERTIFICATE AVAILABLE WILL NOT GIVE THEM ADEQUATE TIME         
TO PREPARE FOR IMPLEMENTATION OF THE NAFTA ON JANUARY 1, 1994.            
RECOGNIZING THIS BURDEN, CUSTOMS HEADQUARTERS WILL ALLOW ALTERNATE        
CERTIFICATIONS, AS DESCRIBED BELOW, THROUGH MARCH 31, 1994.               

     IN ADDITION, THE TRADE COMMUNITY HAS INQUIRED REGARDING THE          
STATUS OF THE U.S.-CANADA FREE TRADE AGREEMENT AND THE GENERALIZED        
SYSTEM OF PREFERENCES (GSP) EFFECTIVE JANUARY 1, 1994.                    
CLARIFICATION OF THIS POINT IS ALSO PROVIDED BELOW.                       

ACTION:                                                                   

1.   SECTION 201(A)(2) OF THE IMPLEMENTING LEGISLATION PROVIDES           
     THAT PRESIDENT CLINTON SHALL TERMINATE THE DESIGNATION OF            
     MEXICO AS A BENEFICIARY DEVELOPING COUNTRY FOR PURPOSES OF           
     THE GSP, EFFECTIVE JANUARY 1, 1994.  ACCORDINGLY, GOODS OF           
     MEXICO WILL NOT BE ACCORDED DUTY-FREE TREATMENT UNDER THE GSP        
     IF ENTERED ON OR AFTER JANUARY 1, 1994.  GOODS OF MEXICO             
     ENTERED ON OR AFTER JANUARY 1, 1994, MUST MEET THE NAFTA RULES       
     OF ORIGIN TO QUALIFY FOR REDUCED RATES OF DUTY; IF THEY DO NOT       
     MEET THE NAFTA RULE OF ORIGIN, THEY WILL BE DUTIABLE AT THE          
     MFN RATE.                                                            

2.   THE IMPLEMENTING LEGISLATION PROVIDES THAT THE U.S.-CANADA           
     FREE TRADE AGREEMENT (FTA) WILL BE SUSPENDED UPON ENTRY INTO         
     FORCE OF THE NAFTA.  ALTHOUGH THE NAFTA RETAINS THE DUTY RATES       
     NEGOTIATED IN THE FTA, THE FTA RULES OF ORIGIN WILL BE               
     SUPERSEDED BY THE NAFTA RULES OF ORIGIN.  ACCORDINGLY,               
     CANADIAN GOODS ENTERED ON OR AFTER JANUARY 1, 1994, MUST             
     QUALIFY FOR PREFERENTIAL TARIFF TREATMENT ACCORDING TO THE           
     TERMS OF NAFTA.  IF THEY DO NOT, THEY WILL BE DUTIABLE AT THE        
     APPROPRIATE MFN RATE OF DUTY.                                        

3.   SINCE GSP BENEFITS WILL BE TERMINATED, AND FTA BENEFITS WILL         
     BE SUSPENDED, EFFECTIVE JANUARY 1, 1994, GOODS WILL ONLY BE          
     ELIGIBLE FOR PREFERENTIAL TARIFF TREATMENT ON OR AFTER THAT          
     DATE IF THEY QUALIFY AS ORIGINATING ACCORDING TO THE TERMS OF        
     THE NAFTA.  UNDER NO CIRCUMSTANCES WILL THESE REQUIREMENTS BE        
     WAIVED.  GOODS THAT DO NOT MEET THE NAFTA RULES OF ORIGIN WILL       
     BE DUTIABLE AT THE MFN RATE OF DUTY.                                 

4.   THE PARTIES HAVE AGREED TO A UNIFORM FORMAT FOR THE                  
     CERTIFICATE OF ORIGIN.  HOWEVER, THIS FORMAT MUST BE APPROVED        
     IN THE UNITED STATES BY THE OFFICE OF MANAGEMENT AND BUDGET          
     (OMB) AND THE FORM MUST BE PRINTED.  ACCORDINGLY, THE OFFICIAL       
     FORM WILL NOT BE AVAILABLE UNTIL SOME TIME IN DECEMBER.  THE         
     PUBLIC WILL BE NOTIFIED WHEN THE OFFICIAL FORM IS PRINTED AND        
     AVAILABLE FOR SALE.  MEANWHILE, HOWEVER, THE FINAL DRAFT OF          
     THE CERTIFICATE CAN BE OBTAINED FROM THE CUSTOMS FLASHFAX BY         
     CALLING (202)927-1692 OR (202)927-1694 IN THE UNITED STATES          
     (613-952-9174 IN CANADA) AND REQUESTING DOCUMENT NUMBER 0450.        
     THE FLASHFAX WILL SEND THE CERTIFICATE OF ORIGIN TO THE              
     CALLER'S FACSIMILE MACHINE.  INTERESTED PARTIES ARE ENCOURAGED       
     TO OBTAIN A COPY OF THE CERTIFICATE AND TO BECOME FAMILIAR           
     WITH THE INFORMATION THAT MUST BE SUPPLIED ON THE FORM.              

5.   TO GIVE THE TRADE COMMUNITY TIME TO BEGIN USING THE NAFTA            
     CERTIFICATE OF ORIGIN (CF 434), THE U.S. CUSTOMS SERVICE WILL        
     ACCEPT ALTERNATIVE CERTIFICATES OF ORIGIN FOR GOODS ENTERED          
     ON OR BEFORE MARCH 31, 1994.  THE U.S. CUSTOMS WILL ACCEPT           
     THESE DOCUMENTS PREPARED BY THE EXPORTER IN LIEU OF THE CF           
     434:                                                                 

     A.   THE FTA CERTIFICATE OF ORIGIN (CF 353), PROVIDED IT IS          
          ACCOMPANIED BY THIS STATEMENT BY THE EXPORTER:                  

          I HEREBY CERTIFY THAT THE GOOD IN THIS SHIPMENT QUALIFIES       
          AS AN ORIGINATING GOOD FOR PURPOSES OF PREFERENTIAL             
          TARIFF TREATMENT UNDER THE NAFTA.                               

          _______________________       _______________________           
          EXPORTER'S NAME               TITLE                             

          _______________________       _______________________           
          ADDRESS                       SIGNATURE AND DATE                

     B.   THE DRAFT CERTIFICATE IN ITS FORM CURRENTLY AVAILABLE           
          FROM THE FLASHFAX.                                              



     C.   A LETTER PREPARED AND SIGNED BY THE EXPORTER THAT               
          PROVIDES SUBSTANTIALLY THE SAME INFORMATION AS IS               
          REQUIRED ON THE NAFTA CERTIFICATE OF ORIGIN AVAILABLE           
          FROM THE FLASHFAX.                                              

     D.   EITHER THE CANADIAN OR MEXICAN VERSION OF THE                   
          CERTIFICATE, IF AVAILABLE BEFORE THE U.S. VERSION.              

6.   NO CERTIFICATE OF ORIGIN, IN ANY FORM, NEED BE SUBMITTED WITH        
     THE ENTRY SUMMARY PACKAGE.  HOWEVER, THE IMPORTER MUST POSSESS       
     A CERTIFICATE WHEN THE CLAIM IS MADE AND MUST SUBMIT IT TO           
     CUSTOMS UPON REQUEST.                                                

7.   IMPORT SPECIALISTS SHALL BE FLEXIBLE IN ACCEPTING ALTERNATE          
     CERTIFICATIONS THROUGH MARCH 31, 1994.  IF NECESSARY, A CF 28        
     WILL BE USED TO OBTAIN ADDITIONAL INFORMATION TO SUBSTANTIATE        
     THE CLAIM THAT THE GOODS ORIGINATE.  EVERY EFFORT SHOULD BE          
     MADE TO ACCORD BENEFITS TO GOODS THAT AUTHENTICALLY QUALIFY          
     FOR PREFERENTIAL TARIFF TREATMENT.                                   

8.   IMPORTERS WHO DO NOT HAVE ANY CERTIFICATION THAT THE GOODS           
     QUALIFY AS ORIGINATING UNDER THE NAFTA MUST ENTER THEM AT THE        
     MFN RATE OF DUTY.  THESE DUTIES WILL BE REFUNDED PROVIDED THE        
     IMPORTER MAKES A NAFTA CLAIM AND SUBMITS A CERTIFICATE WITHIN        
     ONE YEAR FROM THE DATE OF IMPORTATION.                               

9.   EFFECTIVE AS TO GOODS ENTERED OR WITHDRAWN FROM WAREHOUSE ON         
     OR AFTER APRIL 1, 1994, ONLY THE CF 434 WILL BE ACCEPTED AS          
     THE BASIS FOR CLAIMS FOR ORIGINATING GOODS.  ALL PARTIES ARE         
     ENCOURAGED TO BEGIN USING THE CF 434 AS SOON AS POSSIBLE.            

     QUESTIONS REGARDING THIS MESSAGE MAY BE DIRECTED TO THE NAFTA        
HELP DESK AT (202)927-0066.                                               



                                   MARIA P. REBA