On June 26, 2020, the Canada Border Services Agency (CBSA) issued Customs Notice 20-22 – The Canada – United States – Mexico Agreement’s (CUSMA) – Regulatory Amendments and New Regulations Made Pursuant to the Customs Act, which contains the proposed new regulations and regulatory amendments, which will come into effect as of the date of entry into force of the CUSMA, scheduled for July 1, 2020. Additional implementation information is available in implementation information on the CUSMA is available in Customs Notice 20-14, Implementation of the Canada-United States-Mexico Agreement (CUSMA). The Uniform Regulations as defined in Article 5.16 of Chapter 5 of the CUSMA, regarding the interpretation, application, and administration of Chapter 5 (Origin Procedures), Chapter 6 (Textile and Apparel Goods) and Chapter 7 (Customs Administration and Trade Facilitation), have been adopted and are situated within CBSA’s Departmental Memoranda Series under D11-4-34, Uniform Regulations – Chapters Five, Six, and Seven of the Canada-United States-Mexico Agreement (CUSMA).
The regulatory amendments made pursuant to paragraph 167.1(b) of the Customs Act are:
- Certification of Origin of Goods Exported to a Free Trade Partner Regulations
- Exporters’ and Producers’ Records Regulations
- Free Trade Agreement Advance Rulings Regulations
- Refund of Duties Regulations
- Proof of Origin of Imported Goods Regulations
Upcoming regulations concerning the certification of origin of goods imported from a free trade partner
- Regulations concerning the certification of origin of goods imported from a free trade partner will be made (or amended if they are already in place as a result of the proposals in Customs Notice 18-27). The regulations will be made for the purpose of the uniform interpretation, application and administration of Articles 5.2 and 5.3 of the CUSMA and will set out the criteria on the basis of which an importer may complete a certificate of origin for goods for which preferential tariff treatment under the CUSMA will be claimed. They will also specify that a certificate of origin for goods eligible for the preferential tariff treatment offered under CUSMA be completed in English, French or Spanish.
- Accounting for Imported Goods and Payment of Duties Regulations Amendment to subparagraph 7.1(a)(i) of the Accounting for Imported Goods and payment of Duties Regulations to reflect an increase in the estimated value for duty to $3,300 CAD (up from $2,500 CAD) for the release of express shipments (goods imported by courier) prior to accounting and prior to payment of duties, pursuant to Article 7.8 of the CUSMA.
These new regulations concern the verification of origin of goods imported into Canada from a CUSMA country:
- CUSMA Verification of Origin Regulations