Valid v. Invalid vs. Defective NAFTA Certificate of Origin

Valid v. Invalid vs. Defective NAFTA Certificate of Origin Image

The New Year is almost upon us which means it's time for importers to update their NAFTA certificate of origin. Welke Customs Brokers is currently securing blanket NAFTA certificate of origin for calendar year 2015.

It is important to note that U.S. Customs and Border Protection (CBP) recently issued a notice to the trade community which clarifies a valid NAFTA certificate of origin versus an invalid or defective NAFTA certificate of origin. CBP provides clarification at cbp.gov:

A NAFTA Certificate of Origin is valid if it:

  1. Lists the good in question
  2. Covers the period in question
  3. Includes the exporter's or his agent's signature in block 11a "Authorized Signature"
  4. Was in the importer's possession at the time of the claim, as demonstrated by 1) a block 11e "Authorized Signature" date prior to the date of the preference claim, and 2) submission upon request of a CBP official

A NAFTA Certificate of Origin is invalid if it does not meet the aforementioned requirements.

A NAFTA Certificate of Origin is defective—and thus may be remedied in accordance with 19 CFR 181.22(c)—if, while meeting the conditions of a "Valid NAFTA Certificate of Origin," above, contains other errors or omissions. These include, but are not limited to the following: illegibility, misclassification, incorrect or missing preference criteria, signature by an individual who cannot legally bind the company, typed or stamped signature, 3rd-country goods (in addition to NAFTA goods), Net Cost field error, single entry Certificate without an invoice or other unique reference numbers, or other similar errors or omissions.

In addition to defining the aforementioned terms, NAFTA preference will be denied if the importer does not possess a valid NAFTA Certificate of Origin at the time of the preference claim.

As you prepare for 2015, please feel free to contact your Welke client service representative at 716-995-2900 if you have questions.

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