• To : Automated Broker Interface
Subject: FACT SHEET 30
TO : ALL ABI BROKERS.                                                     

FROM : LISA CROSBY                                                        

SUBJECT : NAF-FACT SHEET 30                                               

DATE : 03/09/94                                                           

                                  4062072                                 
                               MARCH 3, 1994                              

CATEGORY:  NAF                               CO:TO:T:T  LAC               

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

FROM   :  ACTING DIRECTOR, OFFICE OF TRADE OPERATIONS                     

SUBJECT:  FACT SHEET 30:  QS AND AS ON THE NAFTA CERTIFICATE OF           
          ORIGIN                                                          

PASS TO:  NON-ABI BROKERS, IMPORTERS AND OTHER INTERESTED PARTIES         

BACKGROUND:                                                               

     THE FOLLOWING QUESTIONS AND ANSWERS ON THE NAFTA CERTIFICATE         
ORIGIN ARE DESIGNED TO ASSIST MEXICAN AND CANADIAN EXPORTERS AND          
PRODUCERS TO UNDERSTAND AND COMPLETE THE NAFTA CERTIFICATE OF             
ORIGIN.                                                                   

Q:   HOW DO EXPORTERS/PRODUCERS KNOW IF THEIR GOODS ORIGINATE             
     UNDER NAFTA AND THEY MAY THEREFORE COMPLETE A CERTIFICATE OF         
     ORIGIN?                                                              
A:   GENERALLY, THE INSTRUCTIONS ON THE CERTIFICATE OF ORIGIN             
     ALONE ARE INSUFFICIENT TO DETERMINE WHETHER A GOOD                   
     ORIGINATES.  FOR EXAMPLE WASTE AND SCRAP DERIVED FROM USED           
     GOODS COLLECTED IN CANADA OR MEXICO, PROVIDED SUCH GOODS ARE         
     FIT ONLY FOR THE RECOVERY OF RAW MATERIALS, ARE CONSIDERED           
     WHOLLY OBTAINED OR PRODUCED IN CANADA OR MEXICO, REGARDLESS          
     OF WHERE THE USED GOODS WERE ACTUALLY PRODUCED.  YET A               
     PRODUCER OR EXPORTER WOULD NOT BE AWARE OF THIS BY MERELY            
     REFERRING TO THE INSTRUCTIONS ON THE CERTIFICATE OF ORIGIN.          
     EXPORTERS/PRODUCERS SHOULD BEGIN BY READING ARTICLES 401 AND         
     415 OF THE AGREEMENT, AS WELL AS OTHER RELEVANT PROVISIONS           
     OF THE AGREEMENT (E.G., ANNEX 300-B FOR TEXTILES, ANNEX              
     703.2 FOR AGRICULTURAL GOODS).  CUSTOMS PUBLICATION 571--            
     "NAFTA:  A GUIDE TO CUSTOMS PROCEDURES"--ALSO PROVIDES AN            
     OVERVIEW OF THE NAFTA RULES OF ORIGIN, WITH EXAMPLES OF              
     EACH.  THE EXPORTER MAY COMPLETE THE CERTIFICATE OF ORIGIN           
     BASED ON:  1) THE EXPORTER'S KNOWLEDGE THAT THE GOOD                 
     ORIGINATES; 2) THE PRODUCER'S WRITTEN DECLARATION THAT THE           
     GOOD ORIGINATES; 3) A CERTIFICATE OF ORIGIN COMPLETED BY THE         
     PRODUCER AND GIVEN TO THE EXPORTER.  WHERE THE EXPORTER IS           
     THE PRODUCER, THE EXPORTER WILL PREPARE THE CERTIFICATE              
     BASED ON 1).                                                         

Q:   WHAT SHOULD I PUT IN BLOCK 9 OF THE CERTIFICATE OF ORIGIN            
     (CUSTOMS FORM 434)?                                                  
A:   IF YOUR GOOD IS SUBJECT TO A REGIONAL VALUE-CONTENT                  
     REQUIREMENT AND YOU USE THE NET COST METHOD TO CALCULATE THE         
     REGIONAL VALUE CONTENT REQUIREMENT, PUT "NC" AND IF THE RVC          
     IS CALCULATED OVER A PERIOD OF TIME, IDENTIFY THE BEGINNING          
     AND ENDING DATES OF THAT PERIOD.  YOU SHOULD NOT INDICATE            
     ANY DOLLAR AMOUNT OR PERCENTAGE.  IF YOUR GOOD IS SUBJECT TO         
     A REGIONAL VALUE CONTENT REQUIREMENT BUT YOU USE THE                 
     TRANSACTION VALUE METHOD, INDICATE "NO."  IF YOUR GOOD IS            
     NOT SUBJECT TO A REGIONAL VALUE CONTENT REQUIREMENT, LEAVE           
     THIS FIELD BLANK.                                                    

Q:   HOW DO I KNOW IF MY GOOD IS SUBJECT TO A REGIONAL VALUE              
     CONTENT REQUIREMENT?                                                 
A:   IF YOUR GOOD IS WHOLLY OBTAINED OR PRODUCED IN A NAFTA               
     COUNTRY (PREFERENCE CRITERION "A"), OR IS PRODUCED ENTIRELY          
     IN THE NAFTA TERRITORY EXCLUSIVELY FROM ORIGINATING                  
     MATERIALS (PREFERENCE CRITERION "C"), IT IS NOT SUBJECT TO A         
     REGIONAL VALUE CONTENT REQUIREMENT.  IF YOU ARE USING                
     PREFERENCE CRITERION "D," THE GOODS ARE DEFINITELY SUBJECT           
     TO A REGIONAL VALUE CONTENT REQUIREMENT.  IF THE GOOD MEETS          
     THE SPECIFIC RULE OF ORIGIN (PREFERENCE CRITERION "B"), THE          
     SPECIFIC RULE OF ORIGIN IN ANNEX 401 OF THE AGREEMENT WILL           
     INDICATE WHETHER THE GOOD IS SUBJECT TO A REGIONAL VALUE             
     CONTENT REQUIREMENT.                                                 

Q:   WHICH HTS NUMBER SHOULD APPEAR IN BLOCK 6--THE U.S. TARIFF           
     NUMBER OR THE CANADIAN OR MEXICAN TARIFF NUMBER?                     
A:   SINCE THE GOODS WILL BE IMPORTED INTO THE U.S., THE CANADIAN         
     OR MEXICAN EXPORTER/PRODUCER SHOULD USE THE APPROPRIATE              
     NUMBER FROM THE HARMONIZED TARIFF SCHEDULE OF THE UNITED             
     STATES.                                                              

Q:   MAY CUSTOMS BROKERS SIGN CERTIFICATES OF ORIGIN?                     
A:   YES, IF THEY POSSESS A VALID POWER OF ATTORNEY FROM THE              
     PARTY WHO WOULD OTHERWISE COMPLETE THE CERTIFICATE (I.E.,            
     THE EXPORTER OR PRODUCER).  A CUSTOMS BROKER MAY NOT PREPARE         
     A CERTIFICATE BASED ON POWER OF ATTORNEY FROM THE IMPORTER           
     SINCE THE IMPORTER IS NOT AUTHORIZED TO SIGN THE                     
     CERTIFICATE.                                                         

Q:   IN A TRANSACTION INVOLVING NUMEROUS PARTIES, IT IS OFTEN             
     HARD TO DETERMINE WHO IS THE EXPORTER.  ARE THERE ANY                
     GUIDELINES ON THIS ISSUE?                                            
A:   THE EXPORTER IS GENERALLY THE PERSON IN THE TRANSACTION WHO          
     LAST CAUSED THE GOODS TO LEAVE THE COUNTRY OF EXPORT.  THIS          
     DOES NOT INCLUDE A CUSTOMS BROKER OR FREIGHT FORWARDER, WHO          
     MERELY ACTS AS AN AGENT FOR ANOTHER PARTY.                           

     EXAMPLE:  COMPANY A SENDS JUICE CONCENTRATE TO COMPANY B IN          
     CANADA TO BE COMBINED WITH WATER, PRESERVATIVES AND                  
     CARBONATION.  THE MIXTURE IS THEN BOTTLED AND RETURNED TO            
     COMPANY A.  THE CONCENTRATE IS NOT SOLD TO COMPANY B AND IS          
     ENTERED INTO CANADA AS A TEMPORARY ADMISSION.  COMPANY B             
     MUST PREPARE THE CERTIFICATE SINCE IT WAS THE LAST PARTY TO          
     CAUSE THE GOODS TO LEAVE CANADA.  THIS IS GENERALLY TRUE             
     EVEN IF COMPANY B IS THE WHOLLY OWNED SUBSIDIARY OF COMPANY          
     A.                                                                   

     EXAMPLE:  COMPANY C SENDS COMPUTER COMPONENTS TO MEXICO TO           
     BE ASSEMBLED INTO MOTHERBOARDS BY MAQUILADORA D.  ALL                
     COMPONENTS ARE PROVIDED BY COMPANY C AT NO COST TO                   
     MAQUILADORA D, WHO ONLY CHARGES COMPANY C FOR THE COST OF            
     ASSEMBLY.  MAQUILADORA D MUST PREPARE THE CERTIFICATE OF             
     ORIGIN SINCE IT WAS THE LAST PARTY TO CAUSE THE GOODS TO             
     LEAVE MEXICO.                                                        

Q:   MY GOOD IS MADE OF MATERIALS THAT ARE WHOLLY OBTAINED OR             
     PRODUCED IN THE NAFTA REGION EXCEPT FOR ONE MATERIAL WHOSE           
     VALUE IS LESS THAN SEVEN PERCENT OF THE TOTAL VALUE OF THE           
     GOOD.  I UNDERSTAND THAT THIS MATERIAL IS CONSIDERED DE              
     MINIMIS BUT WHICH PREFERENCE CRITERION SHOULD I USE--"A"             
     (WHOLLY OBTAINED OR PRODUCED) OR "B" (MEETING THE SPECIFIC           
     RULE OF ORIGIN)?                                                     
A:   USE PREFERENCE CRITERION "A."                                        

Q:   WHAT'S THE DIFFERENCE BETWEEN PREFERENCE CRITERION A AND C?          
A:   IT'S A SLIGHT OVERSIMPLIFICATION, BUT THINK OF CRITERION A           
     (WHOLLY ORIGINATING) AS APPLYING TO GOODS WITH NOT ONE ATOM          
     OF FOREIGN MATTER (OR WHERE THE FOREIGN MATTER IS DE                 
     MINIMIS).  CRITERION C, ON THE OTHER HAND, COVERS GOODS MADE         
     FROM MATERIALS WHICH MIGHT HAVE SOME FOREIGN MATTER OR               
     INPUTS, BUT WHICH BECAME ORIGINATING BY MEETING THE RULES OF         
     ARTICLE 401, PARAGRAPHS A-D.                                         

Q:   CAN MORE THAN ONE PREFERENCE CRITERION APPLY?  CAN PERSONS           
     PREPARING THE CERTIFICATE OF ORIGIN CHOOSE THE PREFERENCE            
     CRITERION THEY LIKE BEST?                                            
A:   THE ONLY PREFERENCE CRITERIA THAT MAY OVERLAP ARE A AND C.           
     CRITERION C INCLUDES ALL THE PRODUCTS CONTAINING MATERIALS           
     COVERED BY CRITERION A AS WELL AS GOODS MADE FROM MATERIALS          
     THAT ORIGINATE UNDER ARTICLE 401(B) AND (D).  FOR GOODS THAT         
     COULD USE EITHER CRITERION A OR C, THE PARTY PREPARING THE           
     CERTIFICATE MAY CHOOSE EITHER CRITERION.                             

Q:   HOW DO EXPORTERS/PRODUCERS DETERMINE WHICH PREFERENCE                
     CRITERION APPLIES TO THEIR GOODS?  CAN CUSTOMS TELL                  
     EXPORTERS/PRODUCERS WHICH CRITERION TO USE?                          
A:   EXPORTERS/PRODUCERS MUST DETERMINE WHETHER THEIR GOODS               
     ORIGINATE BY CAREFULLY RESEARCHING THE RULES OF ORIGIN               
     (CHAPTER 4) AS WELL AS THE SPECIFIC RULES OF ORIGIN (ANNEX           
     401; ANNEX 703.2, SECTION A; ANNEX 300-B, APPENDIX 6; OR             
     ANNEX 308.1).  ALTHOUGH U.S. CUSTOMS PERSONNEL CAN EXPLAIN           
     EACH OF THE PREFERENCE CRITERIA IN GENERAL AND PROVIDE               
     EXAMPLES OF EACH, IT IS INCUMBENT UPON THE EXPORTER/PRODUCER         
     TO DETERMINE WHICH CRITERION APPLIES TO ITS GOODS BASED ON A         
     THOROUGH INVESTIGATION OF THE TERMS OF THE AGREEMENT.  U.S.          
     IMPORTERS AND CANADIAN AND MEXICAN EXPORTERS AND PRODUCERS           
     MAY REQUEST ADVANCE RULINGS FROM U.S. CUSTOMS ON WHETHER A           
     GOOD ORIGINATES.  SEE 19 C.F.R. 181.93.                              

 Q:   MUST ALL FIELDS ON THE CERTIFICATE OF ORIGIN BE COMPLETED?          
 A:   ALL APPLICABLE FIELDS MUST BE COMPLETED TO THE BEST OF THE          
     EXPORTER'S KNOWLEDGE.  A VALID CERTIFICATE OF ORIGIN IS              
     DEFINED AS BEING COMPLETE, SIGNED, AND DATED.  AN INCOMPLETE         
     CERTIFICATE MAY LEAD TO THE DENIAL OF PREFERENTIAL TARIFF            
     TREATMENT UNDER NAFTA.                                               

Q:   MUST THE IMPORTER POSSESS A VALID CERTIFICATE OF ORIGIN FOR          
     ALL GOODS ENTERED USING THE SPECIAL PROGRAM INDICATORS "MX"          
     OR "CA" AS A PREFIX TO THE TARIFF NUMBERS?                           
A:   NO.  THE SPECIAL PROGRAM INDICATORS ARE USED TO CLAIM THE            
     PREFERENTIAL NAFTA RATE FOR ORIGINATING GOODS AND IN THIS            
     CASE THE IMPORTER MUST POSSESS A VALID CERTIFICATE.                  
     HOWEVER, THESE INDICATORS ARE ALSO USED TO CLAIM THE                 
     PREFERENTIAL NAFTA RATE FOR GOODS SUBJECT TO TARIFF                  
     PREFERENCE LEVELS AND FOR GOODS REPAIRED OR ALTERED IN               
     MEXICO OR CANADA.  IN THESE LATTER CASES, A VALID                    
     CERTIFICATE OF ORIGIN IS NOT REQUIRED AND, INDEED, WOULD BE          
     INAPPROPRIATE SINCE THE GOODS ARE NOT ORIGINATING.                   

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


                              JANET L. LABUDA