4 décembre 2022
Usmca Rules of Origin Examples
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Recognizing the importance of ensuring compliance, the U.S. and Mexican auto industries requested a delay in the implementation of the rules of origin in late March, citing the fact that the uniform rules had not yet been published and the disruption of the supply chain caused by the global COVID-19 pandemic. Subsequently, the USMCA implementation date was extended from June 1 to July 1, 2020, after all three parties missed a deadline to notify their compliance with the agreement`s obligations. After the implementation date, CBP will issue new regulations under Title 19 to provide additional guidance on compliance with USMCA requirements under U.S. law. In the meantime, until these rules are promulgated, the « preliminary implementation instructions » issued by CBP on April 16, 2020 provide temporary guidance. [85] The USMCA and the Uniform Regulations provide greater clarity on the transactions that a good can perform during transhipment without loss of originating status and on the types of documents that can be used to ensure preferential treatment. The list is almost identical to that of CBP`s NAFTA regulations, but adds « the separation of a bulk shipment; storage; Labeling or other marking required by the importing county of the USMCA. [69] In addition, the USMCA maintains the exceptions in CBP`s NAFTA regulations that retain originating status requirements do not apply to certain electrical machinery and related parts under certain customs regulations, provided that continued production or operation outside the territory of the USMCA Parties does not change the classification of excluded goods to a subheading outside the group. products. [70] The United States, Mexico and Canada closed substantive discussions on the new rules and origin procedures, including product-specific rules for passenger cars, light commercial vehicles and auto parts. This updated rules of origin will increase incentives for the United States and North America to source goods and materials.11 For example, Company X of Mexico supplies clips to aircraft manufacturers across North America.
Some of the clips X delivers are from Mexico, others from China. All clips are identical and mixed together in X`s warehouse. On January 1, Company X purchases 3,000 clips of Mexican origin; On January 3, she bought 1,000 clips of Chinese origin. When Company X uses FIFO inventory procedures, the first 3,000 clips it used to fulfill an order are considered Mexican, regardless of their actual origin. Rules of origin are very complex and you can`t make assumptions without reading the rules carefully. For example, NAFTA rules of origin allow goods to be considered originating if the goods are « wholly obtained in the territory of one or more Parties. » The USMCA also includes a special « stacking provision » that seeks to limit the practice of using non-USMCA components to manufacture USMCA parts, and then using the value of the entire part in calculating the RVC. This provision provides that « the value of non-originating materials used by the manufacturer in the manufacture of a passenger car, light truck and parts thereof shall not include, for the purposes of calculating the RVC of the good, the value of non-originating materials used in the manufacture of non-originating materials subsequently used in the manufacture of the good ». [52] The value of non-USMCA components must be deducted from the value of the part when calculating the RVC, which strengthens the RVC provisions and makes it more difficult to establish originating status than was the case under NAFTA. As explained below, many automakers are looking for alternative staging regimes that could extend the phased deployment of LVCs from three years to five years, depending on the structure of the USTR-approved plan. The uniform regulations do not include illustrative examples of LVC, and the U.S. Department of Labor (« Labor ») has not yet issued regulations regarding the high wage components of the wage requirements of the value of labor. Additional information on the Ministry of Labour`s treatment of these components can be found in Appendices A and B of the Uniform Rules.
A non-originating bicycle kit is brought into a NAFTA area. The classification for the bicycle set is the same as for mounted bicycles. If a regional value content requirement for assembly plus original parts used in the assembly is met, a reduced NAFTA rate applies to the bicycle. [24] USMCA, c. 4, App`x, art. 2 (application of tariff change rules, « provided » that a RVC requirement is met or that « no change in tariff classification is required », « provided » that an RVC requirement is met). The general principles for determining origin under the USMCA are similar to those under NAFTA. Under the USMCA, a good is considered originating and therefore eligible for preferential tariff treatment if it meets one of the following criteria: [17] Uniform Rules, Part II, Article 6, Sets of Goods, Kits or Composite Products.
The general rule is subject to certain exceptions in Annex I, which contains specific rules of origin for textile products. 1 For example, the USMCA specifically provides that products derived from aquaculture production in a Party`s territory are to be considered « wholly obtained in that country ». 2 Using the net cost method, RVC is calculated by subtracting the value of non-originating materials from the total net cost of production of the good and dividing it by the total net cost of the good. 3 Under the transaction value method, RVC is calculated by subtracting the value of non-originating materials from the transaction value of the good and dividing it by the total transaction value of the good. 4 For the purposes of this provision, the transaction value shall be adjusted to exclude the costs of international shipping of the goods. 5 If such a good is also subject to an RVC requirement, the value of the non-originating de minimis materials must be included in the value of the non-originating materials for the applicable RVC requirement. 6 For the purposes of this provision, the transaction value shall be adjusted so as to exclude the costs incurred in the international shipment of the goods. 7 A « scraper » is defined as a material in the form of one or more components resulting from: (a) the dismantling of a used article into parts; and (b) cleaning, inspection, testing or other treatment of such parts to the extent necessary to improve their serviceability.
8 `Remanufactured goods` are products falling within HS Chapters 84 to 90 or subheading 94.02, with the exception of goods falling within headings 84.18, 85.09, 85.10 and 85.16 and 87.03 of the HS or falling within subheadings 8414.51, 8450.11, 8450.12, 8508.11 and 8517.11, which consist wholly or partly of recovered materials and (a) have a similar life expectancy, and, in new condition, have the same or similar performance as those goods; and (b) has a factory warranty similar to that applicable to such goods if new. 9 The value of the non-originating products in the set and the value of the set must be calculated in the same way as the value of the non-originating materials and the value of the goods. 10 Automotive products are subject to the new product-specific rules of origin set out in an annex to Appendix 4-B of the USMCA. 11 The USMCA provides that any Chapter 27 good is considered originating if it is the product of a chemical reaction that took place in the territory of one or more parties to the contract (i.e. the « chemical reaction rule »). NAFTA did not include this option.
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