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Volume X, Number 221

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August 06, 2020

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USMCA, Successor to NAFTA, Goes Into Effect July 1, 2020

The United States-Mexico-Canada Agreement (USMCA) enters into force on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). For many, the changes under the USMCA will not have a noticeable effect on sourcing. For those in certain industries, such as automobiles or textiles, the changes will be noticeable and at times significant.

Importers and exporters should be aware of the following:

Rules of Origin

This is a good time for importers to review supply chains for USMCA eligibility. One noticeable change for those sourcing and trading goods between USMCA countries has been to the rules of origin. For many products the rule of origin under NAFTA and USMCA will remain the same. For others, the rule of origin will have changed significantly. For this reason, a case-by-case rules-of-origin analysis needs to be conducted to determine the applicability of the USMCA.

Notable changes to the rules of origin apply to automotive products, inorganic and organic chemicals, pharmaceutical products, textiles and apparel, electronics, and certain liquid crystal displays/assemblies.

In addition, importers, along with exporters and producers, are now able to complete Certificates of Origin. Importers are under an obligation to “exercise reasonable care” when submitting documentation to U.S. Customs and Border Protection, including claiming eligibility for USMCA. In fact, a specific Certificate of Origin is no longer required (although importers have the option of continuing to use one); importers must maintain specific data elements in their files to support each shipment.

Also, the de minimis threshold for non-originating goods in USMCA has been raised to 10% from 7% under NAFTA.

USMCA has also eliminated the NAFTA country-of-origin marking rules. Country-of-origin marking will now be determined by the more generally used substantial transformation rules.

Digital Trade

USMCA significantly addresses digital trade and prohibits the imposition of import duties on electronically distributed products (e.g., software, video games, music, e-books). It also protects internet companies from liability for the content of their platforms. Additionally, USMCA prohibits Canada and Mexico from requiring U.S. companies operating in their countries to store their data on in-country servers.

Compliance with USMCA Provisions Going Forward

Other USMCA provisions with significant changes include labor, environmental protections, agricultural access, and investor-state dispute resolution.

Importers claiming USMCA for shipments into the United States, Mexico, or Canada should review their customs compliance programs, including tariff shift and regional value content calculations. In many instances the rule changes from NAFTA to USMCA are subtle and dependent on the nature of the goods in question. Companies may also wish to evaluate their sourcing strategies for any potential tariff savings as the new rules continue to be implemented.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 183

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About this Author

Laura Siegel Rabinowitz Corporate Trade Attorney Greenberg Traurig Law Firm
Shareholder

Laura Siegel Rabinowitz counsels domestic and multinational businesses on complex supply chain issues and other complicated challenges associated with trade, advising on mitigation of duty exposure and compliance. Laura has deep experience handling international trade projects for clients, including multinational importers, exporters, manufacturers, retailers, customs brokers, and freight forwarders.

Laura advises clients on mitigating tariffs on Chinese-made products and steel and aluminum and helps clients navigate the maze of regulations,...

212-801-9201
Donald Stein, Greenberg Traurig Law Firm, International Trade and Healthcare Litigation Attorney
Shareholder

Donald S. Stein focuses his practice on federal regulatory issues, and in particular U.S. Customs law, trade remedies and trade policy issues. From dealing with imports and the myriad of laws enforced by the U.S. Bureau of Customs and Border Protection ("CBP"), he has also developed experience in practicing before other federal regulatory agencies, including the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, and the U.S. Fish and Wildlife Service. He is also experienced in working with the U.S. International Trade Commission, the U.S. Department of Commerce and the Office of the U.S. Trade Representative in connection with trade law and trade policy issues.

In the Customs area, Don has wide-ranging experience representing clients in the apparel and agriculture sectors, as well as in many other industries, in tariff classification, valuation, country of origin and country of origin marking matters, as well as defending clients against Customs detentions and seizures, and claims for penalties, liquidated damages, and/or the redelivery of goods. He has also worked closely with U.S. intellectual property owners to help protect their intellectual property against unauthorized and infringing imports. Under the CBP’s regime of "informed compliance," Don has worked with his clients to advise and ensure that they structure their import operations in a manner that is fully compliant with all CBP rules and regulations. He has also worked with clients to design and implement Customs compliance programs. Additionally, Don assists clients who are subject to CBP audits.

In the trade policy area, Don has represented the interests of clients in trade preference matters (free trade agreements and special trade programs), as well as in matters pending before Congress which may affect their interests. He also provides advice to clients on World Trade Organization related issues.

202-530-8502
Axel Urie international Trade and Customs Attorney Greenberg Traurig Law Firm
Associate

Axel Urie is a member of the International Trade and Customs Practice in Greenberg Traurig's Washington, D.C. office. He is experienced in trade remedy and customs matters, including litigation for domestic importers, producers, and foreign exporters.

202-530-8539