| Title: | FACT SHEET 18 |
|---|---|
| Date: | 1994-01-07 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROBYN DAY
SUBJECT : NAF-FACT SHEET 18
DATE : 01/07/94
4004071
JANUARY 4, 1994
CATEGORY: NAF CO:TO:T:T RD
TO : REGIONAL DIRECTORS FOR COMMERCIAL OPERATIONS, DISTRICT
AND PORT DIRECTORS
FROM : ACTING DIRECTOR, OFFICE OF TRADE OPERATIONS
SUBJECT : FACT SHEET #18: Q AND A'S CONCERNING THE TRANSITION
PERIOD FOR THE NAFTA CERTIFICATE OF ORIGIN
1. Q: DO THE US-CANADA FREE TRADE AGREEMENT RULES OF ORIGIN
APPLY TO ANY SHIPMENTS AFTER 1-1-94?
A: NO. ONLY THE NAFTA RULES OF ORIGIN WILL APPLY.
2. Q: WHAT DOES THE PHRASE "TRANSITION PERIOD" MEAN?
A: IT REFERS ONLY TO THE PERIOD DURING WHICH
DOCUMENTATION OTHER THAN THE OFFICIAL CF 434 WILL BE
ACCEPTED BY U.S. CUSTOMS. THIS PERIOD EXTENDS FROM
JANUARY 1, 1994 THRU MARCH 31, 1994, FOR GOODS ENTERED
ON OR BEFORE MARCH 31, 1994. ORIGINATING GOODS MUST
MEET A NAFTA RULE OF ORIGIN IN ORDER TO RECEIVE
PREFERENTIAL TARIFF TREATMENT.
3. Q: WHERE CAN I GET A CF 434 (NAFTA CERTIFICATE OF ORIGIN)?
NOTE: THE U.S. VERSION OF THE NAFTA CERTIFICATE OF
ORIGIN (CF 434) MAY BE SUBMITTED TO U.S. CUSTOMS, AS
MAY THE MEXICAN OR CANADIAN VERSIONS.
A: PRINTED COPIES SHOULD BE AVAILABLE FOR SALE IN JANUARY
1994 FROM THE GOVERNMENT PRINTING OFFICE, OR FROM
DISTRICT OFFICES. UNTIL THE OFFICIAL CF 434 IS
AVAILABLE, COPIES OF THE DOCUMENT ARE AVAILABLE ON
FLASHFAX (IN THE U.S. AT 202-927-1692 OR 927-1694 IN
CANADA AT 613-952-9174; DOCUMENT #0450). THE DRAFT CF
434 MAY BE USED FOR A SINGLE IMPORTATION OR FOR
IMPORTATIONS THAT OCCUR DURING A BLANKET PERIOD AS
NOTED ON THE FORM. (PLEASE REFER TO FACT SHEETS 5 AND 7
FOR FURTHER INSTRUCTIONS).
4. Q: ARE THERE ANY OPTIONS OTHER THAN THAT DESCRIBED IN #3
ABOVE DURING THIS INTERIM PERIOD (JANUARY 1 - MARCH 31,
1994)?
A: YES. SEVERAL OPTIONS ARE AVAILABLE. ONE, A US-CANADA
FREE TRADE AGREEMENT CERTIFICATE OF ORIGIN (CF 353) MAY
BE USED IF THE EXPORTER CERTIFIES THE FOLLOWING ON THIS
FORM:
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
A SECOND OPTION FOR CLAIMING NAFTA PREFERENTIAL TARIFF
TREATMENT DURING THE INTERIM PERIOD IS A LETTER PREPARED AND
SIGNED BY THE EXPORTER THAT PROVIDES SUBSTANTIALLY THE SAME
INFORMATION AS IS REQUIRED ON THE NAFTA CERTIFICATE OF ORIGIN.
A THIRD OPTION FOR CLAIMING NAFTA PREFERENTIAL TARIFF TREATMENT
IS A PRIVATELY PRINTED COPY OF THE CERTIFICATE OF ORIGIN THAT
IS AN EXACT REPLICA OF THE APPROVED CF 434.
A FOURTH OPTION IS TO USE EITHER THE CANADIAN (FORM #B232E) OR
THE MEXICAN VERSION OF THE CF 434.
A FIFTH OPTION FOR MERCHANDISE RELEASED UNDER SPECIAL PERMIT FOR
IMMEDIATE DELIVERY THAT ARE WHOLLY PRODUCED OR OBTAINED IN A
NAFTA COUNTRY AS EVIDENCED BY A CLAIM UNDER CRITERION 5(A) ON THE
CF 353 (EXPORTER'S CERTIFICATE OF ORIGIN), IS TO USE THE CF 353.
IN THIS LIMITED CIRCUMSTANCE, THE SUPPLEMENTARY STATEMENT
PROVIDED ABOVE IS NOT REQUIRED. THIS EXCEPTION APPLIES ONLY FOR
GOODS WHICH ARE RELEASED UNDER A SPECIAL PERMIT FOR IMMEDIATE
DELIVERY DURING THE PERIOD OF 12-16-93 TO 12-31-93.
5. Q: CAN DOCUMENTATION BE SUBMITTED TO COVER A BLANKET
PERIOD DURING THE INTERIM PERIOD?
A: YES. IF A CF 434 IS AVAILABLE, IT MAY BE USED AS A
BLANKET FOR THE ENTIRE YEAR (FIELD #2 COVERS THE
BLANKET TIME PERIOD). A PROPERLY ENDORSED US-CANADA
FREE TRADE AGREEMENT CERTIFICATE OF ORIGIN (CF 353) MAY
ALSO BE USED. HOWEVER, THE BLANKET PERIOD FOR THE CF
353 MAY NOT EXTEND BEYOND 3-3-94. FOR MERCHANDISE
ENTERING THE COMMERCE OF THE UNITED STATES AFTER
3-31-94, ONLY AN APPROVED VERSION OF THE NAFTA
CERTIFICATE OF ORIGIN MAY BE USED. IF A BLANKET
US-CANADIAN FREE TRADE AGREEMENT CERTIFICATE OF ORIGIN
(CF 353) IS SUBMITTED TO BE USED UNTIL 3-31-94, THEN A
LETTER MUST ACCOMPANY THE CO, STATING THAT THE GOOD
QUALIFIES UNDER NAFTA RULES OF ORIGIN AND THAT THE
BLANKET PERIOD ONLY EXTENDS UNTIL 3-31-94.
6. Q: IF A DRAFT CF 434 WAS USED FOR A BLANKET PERIOD, DOES
ANOTHER CF 434 NEED TO BE COMPLETED WHEN THE OFFICIAL
VERSION IS AVAILABLE?
A: NO. THE DRAFT VERSION OF THE CF 434 WILL BE ACCEPTABLE
FOR THE ENTIRE YEAR.
7. Q: CAN THE 11-9-93 VERSION OF THE DRAFT CERTIFICATE OF
ORIGIN THAT APPEARED ON FLASHFAX BE USED?
A: FOR AUTOMOTIVE GOODS AND THEIR PARTS THAT ARE SPECIFIED
IN ARTICLE 403 AND ANNEX 403.1 AND 403.2, THE 11-9-93
VERSION MAY BE USED AS A NAFTA BLANKET CO FOR UP TO ONE
YEAR PROVIDED THAT IT IS COMPLETED AND SIGNED BEFORE
3-31-94.
THIS VERSION MAY NOT BE USED FOR AGRICULTURAL GOODS
DESCRIBED IN ANNEX 703.2, APPENDIX 6A AND 6B. FOR ALL
OTHER GOODS, IT MAY BE USED UNTIL 3-31-94.
8. Q: WOULD MERCHANDISE THAT WAS RELEASED UNDER THE IMMEDIATE
DELIVERY PROCEDURE IN DECEMBER BUT NOT ENTERED UNTIL
JANUARY QUALIFY FOR PREFERENTIAL TARIFF TREATMENT UNDER
THE NAFTA?
A: YES. NAFTA BEGINS ON 1-1-94. GOODS ENTERED ON OR
AFTER THAT DATE WILL BE ELIGIBLE FOR PREFERENTIAL
TARIFF TREATMENT UNDER THE NAFTA. (19 CFR 141.68(C))
9. Q: WOULD IT BE MORE ADVANTAGEOUS TO CLAIM GSP FOR MEXICAN
GOODS AND US-CANADA FREE TRADE AGREEMENT FOR CANADIAN
GOODS ENTERED AFTER 1-1-94?
A: NO. AS OF 1-1-94, MEXICAN GOODS WILL NO LONGER BE
ELIGIBLE FOR GSP, AND THE US-CANADIAN FREE TRADE
AGREEMENT WILL BE SUPERSEDED BY THE NAFTA.
10. Q: WHAT WILL THE MERCHANDISE PROCESSING FEE (MPF) BE FOR
NAFTA COUNTRIES?
A: MPF FOR CANADIAN ORIGINATING GOODS WILL BE ELIMINATED
ON 1-1-94. MPF FOR MEXICAN ORIGINATING GOODS WILL BE
ELIMINATED ON 6-30-99. UNTIL THEN, MPF FOR MEXICAN
GOODS WILL CONTINUE AT THE PRESENT RATE. THERE WILL BE
NO STAGED REDUCTIONS.
11. Q: UNDER THE US-CANADA FREE TRADE AGREEMENT, THE MPF HAS
BEEN PRO-RATED WHEN THE ENTRY HAS LINES CLAIMING
PREFERENCE AND OTHER LINES THAT DO NOT. WILL THERE
STILL BE A FORMULA TO DETERMINE THE MPF FOR ENTRIES
THAT HAVE BOTH CANADIAN GOODS THAT QUALIFY UNDER NAFTA
AND GOODS FROM ANOTHER COUNTRY?
A: NO. ENTRIES THAT CONTAIN ORIGINATING NAFTA GOODS AND
NON-ORIGINATING GOODS WILL NO LONGER BE PRO-RATED UNDER
THE NAFTA. FOR ENTRIES WITH MULTIPLE LINES CONTAINING
BOTH CANADIAN GOODS THAT ARE NOT SUBJECT TO MPF AND
OTHER GOODS THAT ARE SUBJECT TO MPF, THE MPF WOULD BE
ASSESSED ON THE VALUE OF THE GOODS SUBJECT TO MPF. NO
MPF WOULD BE ASSESSED ON QUALIFYING CANADIAN GOODS. IN
ANY CASE, MPF MINIMA AND MAXIMA APPLY. THE FORMULA
PREVIOUSLY USED TO PRO-RATE THE MPF FOR CANADIAN GOODS
HAS BEEN ELIMINATED.
12. Q: WILL THERE BE A FORMULA TO DETERMINE THE MPF FOR
ENTRIES THAT HAVE BOTH MEXICAN GOODS THAT QUALIFY UNDER
NAFTA AND GOODS THAT DO NOT QUALIFY UNDER NAFTA?
A: NO. MPF WILL BE ASSESSED ON ALL MEXICAN GOODS UNTIL
JUNE 30, 1999. AT THAT TIME, THE MPF WILL BE
ELIMINATED FOR MEXICAN GOODS THAT QUALIFY UNDER THE
NAFTA MARKING RULES. MPF MINIMA AND MAXIMA APPLY.
QUESTIONS REGARDING THIS FACT SHEET MAY BE DIRECTED TO THE
NAFTA HELP DESK AT (202) 927-0066.
JANET L. LABUDA