Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions, 35566-35594 [2021-14264]

Download as PDF 35566 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10, 102, 132, 134, 163, 182 and 190 [USCBP–2021–0026] [CBP Dec. 21–10] RIN 1515–AE56 Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Interim final rule; request for comments. AGENCY: This interim final rule amends the U.S. Customs and Border Protection (CBP) regulations to include implementing regulations for the preferential tariff treatment and related customs provisions of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). The USMCA applies to goods from Canada and Mexico entered for consumption, or withdrawn from warehouse for consumption, on or after July 1, 2020. This document amends the Code of Federal Regulations (CFR) to implement the provisions in Chapters 1, 2, 5, and 7 of the USMCA related to general definitions, confidentiality, import requirements, export requirements, post-importation duty refund claims, drawback and dutydeferral programs, general verifications and determinations of origin, commercial samples, goods re-entered after repair or alteration in Canada or Mexico, and penalties. This document makes amendments to apply the marking rules in determining the country of origin for marking purposes for goods imported from Canada or Mexico and for other purposes specified by the USMCA. This document also includes amendments to add the sugarcontaining products subject to a tariffrate quota under Appendix 2 to Annex 2–B of Chapter 2 of the USMCA to the CBP regulations governing the requirement for an export certificate, and conforming amendments for the declaration required for goods reentered after repair or alteration in Canada or Mexico, recordkeeping provisions, and the modernized jbell on DSKJLSW7X2PROD with RULES2 SUMMARY: VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 drawback provisions. Concurrently with this interim final rule, CBP is publishing a notice of proposed rulemaking that proposes to apply the rules for all nonpreferential origin determinations made by CBP for goods imported from Canada or Mexico. CBP will also issue additional USMCA implementing regulations in an interim final rule to be published in the Federal Register at a later date. DATES: Effective date: This interim final rule is effective on July 1, 2021. Comments due date: Comments must be received by September 7, 2021. ADDRESSES: You may submit comments, identified by docket number USCBP– 2021–0026, by one of the following methods: • Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. • Mail: Due to COVID–19-related restrictions, CBP has temporarily suspended its ability to receive public comments by mail. Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. Due to the relevant COVID–19-related restrictions, CBP has temporarily suspended on-site public inspection of the public comments. FOR FURTHER INFORMATION CONTACT: Operational Aspects and Audit Aspects: Queena Fan, Director, USMCA Center, Office of Trade, U.S. Customs and Border Protection, (202) 738–8946 or usmca@cbp.dhs.gov. Legal Aspects: Craig T. Clark, Director, Commercial and Trade Facilitation Division, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, (202) 325–0276 or craig.t.clark@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this interim final rule. U.S. Customs and Border Protection (CBP) also invites comments PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 that relate to the economic, environmental, or federalism effects that might result from this interim final rule. Comments that will provide the most assistance to CBP will reference a specific portion of the interim final rule, explain the reason for any recommended change, and include data, information or authority that support such recommended change. II. Background On November 30, 2018, the ‘‘Protocol Replacing the North American Free Trade Agreement with the Agreement Between the United States of America, the United Mexican States, and Canada’’ (the Protocol) was signed to replace the North American Free Trade Agreement (NAFTA). The Agreement Between the United States of America, the United Mexican States (Mexico), and Canada (the USMCA) 1 is attached as an annex to the Protocol and was subsequently amended to reflect certain modifications and technical corrections in the ‘‘Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada’’ (the Amended Protocol), which the Office of the United States Trade Representative (USTR) signed on December 10, 2019. Pursuant to section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), the United States adopted the USMCA through the enactment of the United States-Mexico-Canada Agreement Implementation Act (USMCA Act), Public Law 116–113, 134 Stat. 11 (19 U.S.C. Chapter 29), on January 29, 2020. Section 103(a)(1)(B) of the USMCA Act (19 U.S.C. 4513(b)(1)) provides the authority for new or amended regulations to be issued to implement the USMCA, as of the date of its entry into force. Mexico, Canada, and the United States certified their preparedness to implement the USMCA on December 12, 2019, March 13, 2020, and April 24, 2020, respectively. As a result, pursuant to paragraph 2 of the Protocol, which provides that the USMCA will take effect on the first day of the third month after the last signatory party provides written notification of the completion of the domestic implementation of the USMCA through the enactment of 1 The Agreement Between the United States of America, the United Mexican States, and Canada is the official name of the USMCA treaty. Please be aware that, in other contexts, the same document is also referred to as the United States-MexicoCanada Agreement. E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations implementing legislation, the USMCA entered into force on July 1, 2020. Subsequent to the USMCA’s entry into force date, on December 27, 2020, the Consolidated Appropriations Act, 2021 (Appropriations Act), Public Law 116–260, was enacted with Title VI of the Act containing technical corrections to the USMCA Act. All of the changes contained within Title VI of the Appropriations Act are retroactively effective on July 1, 2020, which is the entry into force date of the USMCA. These changes include amending section 202 of the USMCA Act (19 U.S.C. 4531) to prohibit non-originating goods used in production processes within foreign trade zones (FTZs) from qualifying as originating goods under the USMCA. See section 601(b) of Title VI of the Appropriations Act. Additionally, section 601(e) of Title VI of the Appropriations Act amended 19 U.S.C. 1520(d) to allow the refund of merchandise processing fees for USMCA post-importation claims. Pursuant to Article 5.16 of the USMCA, the United States, Mexico, and Canada trilaterally negotiated and agreed to Uniform Regulations. The USMCA Free Trade Commission adopted the Uniform Regulations in its Decision No.1, effective as of the date of entry into force of the USMCA. Annex I to that decision includes: 2 • The Uniform Regulations Regarding the Interpretation, Application, and Administration of Chapter 4 (Rules of Origin) and Related Provisions in Chapter 6 (Textile and Apparel Goods) (Uniform Regulations regarding rules of origin), and • The Uniform Regulations Regarding the Interpretation, Application, and Administration of Chapters 5 (Origin Procedures), 6 (Textile and Apparel Goods), and 7 (Customs Administration and Trade Facilitation) of the Agreement Between the United States of America, the United Mexican States, and Canada (Uniform Regulations regarding origin procedures). In accordance with USMCA Article 5.16, modifications or additions to the Uniform Regulations shall be considered regularly to reduce their complexity and to ensure better compliance. To this end, further iterations of the Uniform Regulations may be negotiated. Part 182 of title 19 of the Code of Federal Regulations (CFR)(19 CFR part 182) will be amended through rulemaking to reflect future 2 Available at: https://ustr.gov/trade-agreements/ free-trade-agreements/united-states-mexicocanada-agreement/free-trade-commissiondecisions/usmca-free-trade-commission-decisionno-1. VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 changes to the Uniform Regulations, as needed. The USMCA superseded NAFTA and its related provisions on the USMCA’s entry into force date. See Protocol, paragraph 1. Section 601 of the USMCA Act repealed the North American Free Trade Agreement Implementation Act (NAFTA Implementation Act), Public Law 103–182, 107 Stat. 2057 (19 U.S.C. 3301), as of the date that the USMCA entered into force. The NAFTA provisions set forth in part 181 of title 19 of the CFR (19 CFR part 181) and in General Note 12, Harmonized Tariff Schedule of the United States (HTSUS), continue to apply to goods entered for consumption, or withdrawn from warehouse for consumption, prior to July 1, 2020. Claims for preferential tariff treatment under the USMCA may be made as of July 1, 2020. On July 1, 2020, CBP published an interim final rule (IFR), entitled ‘‘Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Uniform Regulations Regarding Rules of Origin,’’ in the Federal Register (85 FR 39690), amending part 181 and adding a new part 182 containing several USMCA provisions, including the Uniform Regulations regarding rules of origin (Appendix A to part 182). In addition to those regulations and the regulations set forth in this document, persons intending to make USMCA preference claims may refer to the CBP website at https://www.cbp.gov/trade/priorityissues/trade-agreements/free-tradeagreements/USMCA for further guidance, including the U.S. USMCA Implementing Instructions. The United States International Trade Commission has modified the HTSUS to include the addition of a new General Note 11, incorporating the USMCA rules of origin for preference purposes, and the insertion of the special program indicator ‘‘S’’ or ‘‘S+’’ for the USMCA in the HTSUS ‘‘special’’ rate of duty subcolumn.3 A. The Customs Related USMCA Provisions The USMCA is composed of 34 chapters along with additional side letters. CBP is responsible for administering the customs related provisions contained within Chapters 1 (Initial Provisions and General Definitions), 2 (National Treatment and Market Access for Goods), 4 (Rules of Origin), 5 (Origin Procedures), 6 (Textile and Apparel Goods) and 7 (Customs 3 The S+ indicator is used for certain agricultural goods and textile tariff preference levels (TPLs). PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 35567 Administration and Trade Facilitation) of the USMCA and the Uniform Regulations regarding rules of origin as well as the Uniform Regulations regarding origin procedures, pursuant to Article 5.16 of the USMCA. This IFR amends the CBP regulations to implement significant portions of the USMCA, but does not contain all relevant subparts. CBP will promulgate the remaining USMCA implementing regulations and solicit public comments at a later date. Additionally, future trilateral negotiations on the Uniform Regulations may result in additional provisions that must be included in the rulemaking process at a later date. CBP will address any comments received in a final rule published in the Federal Register. 1. Customs Related USMCA Provisions Addressed in This IFR Chapter 1 of the USMCA contains the general definitions and country-specific definitions applicable to the USMCA, unless otherwise provided. Chapter 2 of the USMCA sets forth the national treatment and market access provisions. Unless otherwise provided, each USMCA country shall apply a customs duty on an originating good in accordance with its Schedule to Annex 2–B (Tariff Commitments) of Chapter 2 of the USMCA. See Article 2.4 of the USMCA. Appendix 2 to Annex 2–B of Chapter 2 of the USMCA contains the Tariff Schedule of the United States reflecting the tariff-rate quotas that the United States will apply to certain originating goods from Canada under the USMCA. Specifically, paragraph 15 of Appendix 2 to Annex 2–B contains the tariff-rate quota for sugar-containing products of Canada that necessitates an amendment to the CBP regulations. Chapter 2 of the USMCA also sets forth the definition of ‘‘commercial samples of negligible value’’ (Article 2.1); the duty-free treatment of those commercial samples of negligible value, subject to certain conditions (Article 2.9); the duty-free treatment of goods re-entered after being temporarily exported to another USMCA country for repair or alteration, subject to certain exceptions and conditions (Article 2.8); and the drawback and duty-deferral program provisions (Article 2.5). Chapter 5 of the USMCA sets forth the origin procedures. Specifically, Chapter 5 of the USMCA contains the rules for making a claim for preferential tariff treatment (Article 5.2); the requirements for a certification of origin (Article 5.2); the set of minimum data elements required for a certification of origin (Annex 5–A); the basis of the certification of origin (Article 5.3); the E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 35568 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations importer’s obligations regarding importations when claiming preferential tariff treatment (Article 5.4); the exporter’s and producer’s obligations (Article 5.6); the recordkeeping requirements for importers, exporters, and producers (Article 5.8); the general origin verification requirements and procedures (Article 5.9); the determination of origin provisions (Article 5.10); the right to file for refunds and claims for preferential tariff treatment after importation (Article 5.11); and the confidentiality provisions related to the exchange of information between USMCA countries (Article 5.12). Additionally, Article 5.5 of the USMCA sets forth the exceptions to the certification of origin requirement. Pursuant to Article 5.5, a certification of origin is not required, with some exceptions related to evading compliance, for a claim of preferential tariff treatment if the value of the importation does not exceed $1,000 U.S. dollars or any higher amount as the importing USMCA country may establish, or it is an importation of a good for which the USMCA country into whose territory the good was imported has waived the requirement for a certification of origin. Consistent with this article, the United States has established, with the same exceptions related to evading compliance, a higher importation value amount of $2,500 U.S. dollars for commercial importations and has waived the certification of origin requirement for the entire category of non-commercial importations. The penalties provisions for the USMCA are described in Chapters 5 and 7. Article 5.13 provides that each USMCA country shall maintain criminal, civil, or administrative penalties for violations of its laws and regulations related to Chapter 5 (see also Articles 5.4.2 and 5.6.3). Chapter 7 of the USMCA generally sets forth provisions related to customs administration and trade facilitation. Specifically, Article 7.18 states that each USMCA country shall adopt or maintain measures that allow for the imposition of a penalty by a USMCA country’s customs administration for breach of its customs laws, regulations, or procedural requirements, including those governing tariff classification, customs valuation, transit procedures, country of origin, or claims for preferential tariff treatment. Chapter 7 of the USMCA also contains the confidentiality provisions related to the protection of information collected from traders. The confidentiality provisions in Article 7.22, in combination with the confidentiality VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 provisions in Article 5.12, ensure the protection of confidential information provided to a USMCA country’s customs administration and prevent the unauthorized disclosure of this information to third parties and to other USMCA countries. The Chapters 1, 2, 5, and 7 provisions discussed above are reflected in this IFR. 2. Customs Related Provisions Addressed in Previously Published IFR Chapter 4 of the USMCA contains the general rules of origin for preferential tariff treatment provisions, and Chapter 6 includes the rules of origin specific to textiles and apparel goods. CBP has already incorporated these rules of origin into the CBP regulations. On July 1, 2020, CBP published an IFR in the Federal Register (85 FR 39690) to, in part, add the Uniform Regulations regarding rules of origin trilaterally agreed upon by the United States, Mexico, and Canada as Appendix A of new part 182 to title 19 of the CFR (19 CFR part 182). 3. Customs Related Provisions To Be Addressed in Subsequent Rulemaking Any additional CBP regulations needed to implement USMCA provisions will be included in a subsequent rulemaking to be published in the Federal Register at a later date. B. Verifications and Determinations of Origin Chapter 5 of the USMCA and the Uniform Regulations regarding origin procedures govern the verification and determination of origin requirements and procedures. Pursuant to Article 5.9.1 of Chapter 5 of the USMCA, a USMCA country, through its customs administration, may conduct a verification to determine whether a good qualifies for USMCA preferential tariff treatment by one or more of the following means: A written request or questionnaire seeking information, including documents, from the importer, exporter, or producer; a verification visit to the premises of the exporter or producer in order to request information, including documents, and to observe the production process and the related facilities; for a textile or apparel good, the procedures set out in USMCA Article 6.6; or any other procedure as may be decided by the USMCA countries. For textile or apparel goods, the verification procedures set out in USMCA Article 6.6 provide an alternative verification means that a USMCA country has the discretion to utilize only when conducting a textile or apparel goods verification. The PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 USMCA Article 6.6 site visit verification requirements and procedures will be addressed in a subsequent rulemaking to be published in the Federal Register at a later date. A USMCA country may choose to initiate a verification, using any of these verification means, with the importer or with the person who completed the certification of origin. See USMCA Article 5.9.2. If the USMCA country initiates a verification other than with the importer, it must inform the importer, only for the purpose of the importer’s knowledge, of the initiation of the verification. See USMCA Article 5.9.6 and the Uniform Regulations regarding origin procedures. USMCA Article 5.9 and the Uniform Regulations regarding origin procedures set forth the information that must be contained in a written request for information, questionnaire, or request for a verification visit (see USMCA Article 5.9.5), the requirements that a USMCA country must follow during a verification (see USMCA Article 5.9.7(a) and (b)), the time that the importer, exporter, or producer has to respond to a request for information or questionnaire (see USMCA Article 5.9.7(c)), and the time that the exporter or producer has to consent to or refuse a verification visit request (see USMCA Article 5.9.7(d)). Pursuant to USMCA Article 5.9.9, when a USMCA country initiates a verification through a verification visit request, the USMCA country is required to provide a copy of the verification visit request to the customs administration of the USMCA country in whose territory the visit is to occur, and, if requested by the USMCA country in whose territory the visit is to occur, the embassy of that USMCA country in the territory of the USMCA country proposing to conduct the visit. USMCA Article 5.9 contains additional provisions governing verification visit procedures, including providing the circumstances under which the exporter or producer whose premises are to be visited during the verification visit, or the customs administration of the USMCA country in whose territory the verification visit is to occur, may postpone the verification visit. See USMCA Article 5.9.10 and 5.9.11. During a verification, there are also requirements that records be made available for inspection. USMCA Article 5.8 requires that importers, exporters, and producers maintain certain documentation and records. Pursuant to the Uniform Regulations regarding origin procedures, these records must be maintained in such a manner as to enable an officer of the USMCA E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 country’s customs administration, when conducting a verification under USMCA Article 5.9, to perform detailed verifications of the documentation and records to verify the information on the basis of which the certification of origin was completed and the claim for preferential tariff treatment was made. Importers, exporters, and producers that are required to maintain records pursuant to USMCA Article 5.8.1 and 5.8.2 must make those records available for inspection by an officer of the USMCA country’s customs administration conducting a verification, and in the case of a verification visit, provide facilities for that inspection. The Uniform Regulations regarding origin procedures also clarify that, where a USMCA country’s customs administration is conducting a verification of a good under USMCA Article 5.9, the customs administration may conduct an origin verification of a material that is used in the production of that good. The verification of that material is expected to be conducted in accordance with certain USMCA procedures. The Uniform Regulations regarding origin procedures enumerate the specific USMCA articles and Uniform Regulations regarding origin procedures paragraphs that apply to the verification of materials.4 The USMCA country’s customs administration may, during a verification of a material that is used in the production of a good, consider the material to be nonoriginating in determining whether the good is an originating good, if the producer or supplier of that material does not allow the customs administration access to information required to make a determination of whether the material is originating by denying access to its records; failing to respond to a verification questionnaire or letter; or refusing to consent to a verification visit within the required time. After the verification is conducted, the USMCA country must provide the importer, and the exporter or producer that completed the certification of origin and is the subject of the verification, 4 See Uniform Regulations regarding origin procedures, Origin Verifications Section, paragraph 10, which states that where the customs administration of a USMCA country, in conducting an origin verification of a good imported into its territory under USMCA Article 5.9, conducts an origin verification of a material that is used in the production of the good, the origin verification of that material is expected to be conducted in accordance with the procedures set out in: USMCA Article 5.9(1), (5), (7 through 11), (13), and (18); and paragraphs 3, 6, 13, 14, and 15 of the Origin Verifications Section of the Uniform Regulations regarding origin procedures. VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 with a written determination of origin that includes the findings of facts and the legal basis for the determination. See USMCA Article 5.9.14. Prior to issuing this determination of origin, if the USMCA country intends to deny USMCA preferential tariff treatment, the USMCA country must inform the importer, and any exporter or producer who is the subject of the verification and provided information during the verification, of the preliminary results of the verification and a notice of intent to deny that includes when the denial would be effective and a period of at least 30 days for the submission of additional information, including documents, related to the originating status of the good. See USMCA Article 5.9.16. The reasons that a USMCA country may deny USMCA preferential tariff treatment are set forth in USMCA Article 5.10.2. Additionally, in accordance with USMCA Article 5.9.17, if a verification indicates a pattern of conduct by an importer, exporter, or producer of false or unsupported representations that a good imported into the country’s territory qualifies as an originating good, the USMCA country may withhold preferential tariff treatment to identical goods imported, exported, or produced by such person until that person establishes compliance with USMCA Chapters 4, 5, and 6. Section 207(a)(1)(A) of the USMCA Act (19 U.S.C. 4533(a)(1)(A)) provides the Secretary of the Treasury with the authority to conduct a verification, pursuant to USMCA Article 5.9, of whether a good is an originating good under section 202 of the USMCA Act (19 U.S.C. 4531) or section 202A of the USMCA Act (19 U.S.C. 4532). Section 207(b) of the USMCA Act (19 U.S.C. 4533(b)(1)) sets forth the basis for a negative determination of origin that applies to verifications conducted under USMCA Chapter 5. Specifically, section 207(b) of the USMCA Act provides that a negative determination is a determination by the Secretary that a claim by the importer, exporter, or producer that the good qualifies as an originating good under 19 U.S.C. 4531 is inaccurate; that the good does not qualify for preferential tariff treatment under the USMCA because the importer, exporter, or producer failed to respond to a request for information or failed to provide sufficient information to determine that the good qualifies as an originating good; after receipt of a notification of a verification visit, the exporter or producer did not provide written consent for the visit; the importer, exporter, or producer does not maintain, or denies access to, records or PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 35569 documentation required under section 508(1) of the Tariff Act of 1930, as amended (19 U.S.C. 1508(1)); or the importer, exporter, or producer otherwise fails to comply with the requirements of section 207 of the USMCA Act or, based on the preponderance of the evidence, circumvents the requirements of section 207 of the USMCA Act. Section 207(c)(1) of the USMCA Act (19 U.S.C. 4533(c)(1)) provides that, upon making a negative determination, the Secretary may deny preferential tariff treatment under the USMCA with respect to the good while section 207(c)(2) of the USMCA Act (19 U.S.C. 4533(c)(2)) allows the Secretary to withhold preferential tariff treatment for identical goods based on a pattern of conduct. To address these general USMCA verification and determination of origin requirements and procedures, CBP has included subpart G, Origin Verifications and Determinations, in part 182 of title 19 of the CFR. C. Marking Rules Section 304(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The regulations issued under the authority of section 304 to implement the country of origin marking requirements are set forth in 19 CFR part 134. Part 134 identifies the articles subject to marking, the methods and manner of marking that should be used, the exceptions to the marking requirements, the marking requirements for containers or holders, and the procedures for articles found not legally marked. CBP employs two primary methods for determining the country of origin for marking purposes when imported goods are processed in, or contain materials from, more than one country. One method uses case-by-case adjudication to determine whether the goods have been substantially transformed in a particular country. The other method consists of codified rules, also used to determine whether the goods have been substantially transformed, primarily expressed through a change in the HTSUS classification, often referred to as a ‘‘tariff shift.’’ Part 134 sets forth the country of origin marking requirements and exceptions. Section 134.1(b) defines E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 35570 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations ‘‘country of origin’’ as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘‘country of origin’’ within the meaning of part 134; however, for a good of a NAFTA country, the marking rules set forth in part 102 of title 19 of the CFR (19 CFR part 102) apply (although these rules have commonly been referred to as the NAFTA Marking Rules, they apply in other contexts as well and are thus referred to herein as the ‘‘part 102 rules’’).’’). The part 102 rules are codified rules that determine the country of origin for marking purposes using primarily the ‘‘tariff shift’’ method. CBP first promulgated these codified part 102 rules to fulfill the United States’ commitment under Annex 311 of NAFTA, which required the parties to establish rules for determining whether a good is a good of a NAFTA country. Although the NAFTA Implementation Act was repealed by the USMCA Act as of July 1, 2020, the part 102 rules remain in effect. The part 102 rules are also used for several other trade agreements. For instance, as indicated in the scope provision for part 102 (§ 102.0), the rules set forth in §§ 102.1 through 102.21 also apply for purposes of determining whether an imported good is a new or different article of commerce under § 10.769 of the United StatesMorocco Free Trade Agreement regulations and § 10.809 of the United States-Bahrain Free Trade Agreement regulations. The USMCA does not contain a general marking requirement. Except for certain agricultural goods, a good does not need to first qualify to be marked as a good of Mexico or Canada in order to receive preferential tariff treatment under the USMCA. For most goods, only the general Uniform Regulations regarding rules of origin set forth in Appendix A of part 182 of title 19 of the CFR and the product-specific rules of origin contained in General Note 11, HTSUS, are needed to determine whether a good is an originating good under the USMCA to receive preferential tariff treatment. Therefore, in line with the present scope of the part 102 rules, the part 102 rules will continue to be applicable to determine country of origin for marking purposes for goods imported from Canada or Mexico under the USMCA (regardless of whether preferential tariff treatment is claimed). The Secretary of the Treasury has general rulemaking authority, pursuant VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 to 19 U.S.C. 1304 and 1624, to make such regulations as may be necessary to carry out the provisions of section 304(a) of the Tariff Act of 1930, as amended, related to the country of origin marking requirements for imported articles of foreign origin. CBP believes that extending application of the well-established part 102 rules to USMCA goods will provide continuity for the Canadian and Mexican importing community because those rules have been applied to all imports from Canada and Mexico since 1994. As a result of this longevity, the importing community has made extensive efforts to comply with the part 102 rules and CBP has significant experience in applying those rules to goods from Canada and Mexico. These factors provide predictability and consistency in the application of the marking rules and in CBP’s administration of the rules. The codified part 102 rules are a simplified and standardized approach for determining the country of origin for marking purposes (regardless of whether preferential tariff treatment is claimed). The importing communities from Canada and Mexico are used to applying the part 102 rules as opposed to the case-by-case method. Accordingly, to make the transition from NAFTA to the USMCA as least disruptive to the importing community as possible, CBP has decided to continue application of the current part 102 rules to determine the country of origin for marking purposes of a good imported from Canada or Mexico to articles imported pursuant to the USMCA. However, the other marking requirements in 19 CFR part 134, such as the rules for marking containers, the exceptions applicable to the marking requirements, and the methods of marking, also previously applied to goods from Canada and Mexico, and continue to apply to these goods. Thus, CBP is amending parts 102 and 134 of title 19 of the CFR to continue the application of the part 102 rules for determining origin for marking purposes for Mexico and Canada, and also to reflect the continued applicability of the other marking requirements and the relevant exceptions. Origin determinations are also required in other instances, such as in the administration of quantitative restrictions. Concurrently with this IFR, CBP is publishing a notice of proposed rulemaking (NPRM) that proposes to apply the part 102 rules for nonpreferential origin determinations made by CBP for goods imported from Canada or Mexico, including government PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 procurement determinations.5 In addition to promoting uniformity and transparency, the NPRM will implement USMCA Article 13.4.5, which provides as follows: ‘‘For the purposes of covered procurement, a Party shall not apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods or services from the same Party.’’ 6 Adverse Marking Decisions Under NAFTA, an adverse marking decision is a decision by CBP which an exporter or producer of merchandise believes to be contrary to the provisions of Annex 311 of NAFTA. While Article 510 of NAFTA provides specific rights of review and appeal for marking determinations, the USMCA does not provide any such rights. Additionally, section 209 of the USMCA Act struck the language from subsection (k) of section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304(k)), that provided these specific petition rights, such as with respect to adverse marking decisions, for NAFTA exporters and producers. Thus, these specific rights and procedures are not provided for under the USMCA or the USMCA Act. Accordingly, an importer, or an exporter or producer (only when acting as the importer of record (IOR)) wishing to request review and/or appeal of CBP marking determinations must follow the procedures set forth in part 174 of the CFR. Part 174 sets forth the general protest procedures pursuant to 19 U.S.C. 1514, which allows for the administrative review of challenges to CBP determinations, including marking and other origin decisions. As the general statutory and regulatory authority for protests in 19 U.S.C. 1514 and 19 CFR part 174 and the specific USMCA authority under the USMCA and the USMCA Act do not provide exporters or 5 That proposed rule does not apply for purposes of determining whether merchandise is subject to the scope of antidumping and countervailing duty proceedings under Title VII of the Tariff Act of 1930, as amended, as such determinations fall under the authority of the Department of Commerce. Specifically, notwithstanding a CBP country of origin determination, that merchandise may be subject to the scope of antidumping and/ or countervailing duty proceedings associated with a different country. 6 Although Canada is not a party to Chapter 13 of the USMCA, the United States has a similar commitment to Canada through Article IV–5 of the World Trade Organization (WTO) Revised Agreement on Government Trade, as amended on Mar. 30, 2012, Marrakesh Agreement Establishing the World Trade Organization, Annex 4(b), 1915 U.N.T.S. 103. E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 producers the right to request administrative review and appeal of marking decisions, USMCA exporters and producers may not file a protest of a marking determination under the USMCA, unless the exporter or producer is acting as the IOR. D. Tariff-Rate Quota for SugarContaining Products Originating in Canada Tariff-rate quotas permit a specified quantity (‘‘in-quota quantity’’) of merchandise to be entered or withdrawn for consumption at a reduced duty rate (‘‘in-quota tariff rate of duty’’) during a specified period. See 19 CFR 132.1(b). Appendix 2 to Annex 2–B of Chapter 2 of the USMCA, entitled Tariff Schedule of the United States—(Tariff Rate Quotas), reflects the tariff-rate quotas that the United States will apply to certain originating goods from Canada under the USMCA. These originating goods from Canada are permitted entry into the territory of the United States, at the in-quota quantity, subject to the reduced quota rates instead of the rates of duty specified in Chapter 1 through Chapter 97 of the HTSUS. Paragraph 15 of Appendix 2 to Annex 2–B of the USMCA sets out the tariffrate quota for sugar-containing products of Canada, including the aggregate quantity of originating goods of Canada permitted to enter free of duty in each calendar year and the article description of the qualifying originating goods. Pursuant to section 103(c)(4) of the USMCA Act, which authorizes the President to take necessary actions to implement the tariff-rate quotas in the Schedule of the United States to Annex 2–B of the USMCA, the special classification provisions in Chapter 98 of the HTSUS have been modified to include the sugar-containing products subject to this tariff-rate quota. The tariff-rate quota for sugarcontaining products of Canada under the USMCA will be administered using export certificates. When Canada provides the United States with the written notification of its intent to require export certificates for sugarcontaining products in accordance with paragraph 15(d) of Appendix 2 of Annex 2–B of the USMCA, the USTR will publish a notice in the Federal Register announcing this determination. In any year for which the USTR has published such a determination in the Federal Register, imports of the sugarcontaining products of Canada, at the in-quota quantity, will only be eligible for the in-quota tariff rate of duty if the U.S. importer makes a declaration to CBP, in the form and manner determined by CBP, that a valid export VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 certificate issued by the Government of Canada is in effect for the goods. Section 132.17 of title 19 of the CFR (19 CFR 132.17) sets forth the form and manner determined by CBP to constitute a required declaration that a valid export certificate is in effect for the goods. Specifically, § 132.17 governs the requirement for an export certificate for sugar-containing products to qualify for the tariff-rate quota and provides a description of the sugar-containing products subject to these requirements, when the export certificate is valid, and the recordkeeping retention and production requirements. For the sugarcontaining products described in § 132.17(a), the importer must possess a valid export certificate in order to claim the in-quota tariff rate of duty on the products at the time they are entered or withdrawn from warehouse for consumption. The importer must record the unique identifier of the export certificate for these products on the entry summary or warehouse withdrawal for consumption (Customs Form 7501, column 34), or its electronic equivalent. The Government of Canada will issue the export certificates. A certificate is valid if it meets the requirements of 15 CFR 2015.3(b). If the export certificate is valid, it will authorize entry into the United States at the in-quota tariff rate of duty established under the USMCA. III. Amendments to the Regulations Pursuant to 19 U.S.C. 4535(a), the Secretary of the Treasury has the authority to prescribe such regulations as may be necessary to implement the USMCA. Section 103(b)(1) of the USMCA Act (19 U.S.C. 4513(b)(1)) requires that initial regulations necessary or appropriate to carry out the actions required by or authorized under the USMCA Act or proposed in the Statement of Administrative Action approved under 19 U.S.C. 4511(a)(2) to implement the USMCA shall, to the maximum extent feasible, be prescribed within one year after the date on which the USMCA enters into force. This IFR amends the CBP regulations to implement significant portions of the USMCA. CBP will promulgate the remaining USMCA implementing regulations. In order to provide transparency and facilitate their use, the majority of the USMCA implementing regulations are set forth in part 182 of title 19 of the CFR, entitled the United States-MexicoCanada Agreement. Part 182 sets forth the USMCA preferential tariff treatment and other customs related provisions. This IFR amends part 182 to add regulations implementing significant PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 35571 portions of USMCA Chapters 1, 2, 5, and 7, as discussed above, in the existing part 182 regulatory framework. Additionally, this document makes necessary amendments to other parts of title 19 of the CFR to implement relevant USMCA provisions and to apply the part 102 rules when determining the country of origin for marking purposes for goods imported from USMCA countries. All of the regulatory amendments made in this document are consistent with the provisions of the USMCA, the Uniform Regulations regarding origin procedures, and the USMCA Act (19 U.S.C. Chapter 29). A. Part 10 Section 10.8 sets forth the documentation requirements for articles exported for repairs or alterations. As explained further in Section III.F., Subpart J—Commercial Samples and Goods Returned after Repair or Alteration below, CBP is applying the documentation provisions of § 10.8(a), (b), and (c) to the entry of goods which are returned from Canada or Mexico after having been exported for repairs or alterations and which are claimed to be duty-free. Section 10.8(a)(2) provides that a declaration must be completed by the owner, importer, consignee, or agent having knowledge of the pertinent facts and filed during entry of the articles that are returned after having been exported for repairs or alterations. Currently, this declaration requires the individual completing it to state that such articles were exported from the United States for repairs or alterations and without benefit of drawback. This portion of the declaration is necessary because ordinarily these re-entered goods do not qualify for a reduced duty rate with the benefit of drawback. However, there is an exception provided in U.S. Note 1 of Subchapter II, Chapter 98, HTSUS, for NAFTA and USMCA drawback. Goods re-entered after repair or alteration are eligible for duty-free treatment even if subject to NAFTA or USMCA drawback. Accordingly, CBP is amending the declaration in § 10.8(a)(2) to clarify this distinction by adding ‘‘(unless subject to USMCA drawback)’’ after ‘‘without the benefit of drawback.’’ B. Part 102 Part 102, Rules of Origin, sets forth rules for determining the country of origin of certain imported goods. CBP is amending part 102 of title 19 of the CFR (19 CFR part 102) to apply its rules of origin to determine the country of origin for marking purposes of goods imported from Canada or Mexico under the E:\FR\FM\06JYR2.SGM 06JYR2 35572 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations USMCA (regardless of whether preferential tariff treatment is claimed). jbell on DSKJLSW7X2PROD with RULES2 1. Scope This document amends § 102.0 to extend the scope of part 102 to include the USMCA. Section 102.0 is revised to state that the rules set forth in §§ 102.1 through 102.18 and 102.20 also determine the country of origin for marking purposes for goods imported from a USMCA country. Under the USMCA, the Uniform Regulations regarding rules of origin set forth in Appendix A to part 182 and the product-specific rules of origin contained in General Note 11, HTSUS, are needed to determine whether a good originates under the USMCA to receive preferential tariff treatment. The USMCA includes, inter alia, provisions that rely on whether goods qualify to be marked as goods of Canada, Mexico, or, under General Note 11, HTSUS, the United States, to determine the appropriate tariff benefit, thus also requiring the part 102 rules. See USMCA Chapter 2, Annex 2–B, Tariff Schedule of the United States, General Notes. 2. Definitions Section 102.1 sets forth the general definitions applicable to this part. CBP is adding a new definition for ‘‘inventory management method’’ to provide clarity to the public. Currently, part 102 refers to the inventory management method merely with crossreferences to part 181 without defining the term or providing a specific citation for where the method is described. As the term ‘‘inventory management method’’ is used for purposes of NAFTA and the USMCA, CBP believes that adding the definition in § 102.1 is necessary. Thus, the term ‘‘inventory management method’’ is added as paragraph (l) and is defined as ‘‘(1) averaging; (2) ‘‘last-in, first-out;’’ (3) ‘‘first-in, first-out;’’ or (4) any other method that is recognized in the Generally Accepted Accounting Principles (GAAP) of the country in which the production is performed or otherwise accepted by that country.’’ In order to add the term in alphabetical order, CBP is redesignating paragraphs (l) through (p) as paragraphs (m) through (q). CBP is also revising the definition of ‘‘value.’’ The definition of ‘‘value’’ provides different methods for calculating the value of goods or materials for purposes of determining whether foreign material that does not undergo the applicable change in tariff classification (set out in § 102.20) or satisfies the other applicable VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 requirements of that section is considered de minimis (set out in § 102.13). CBP is adding the clarifier ‘‘under NAFTA’’ to paragraphs (1) and (2) to make clear that the methods set forth in these paragraphs only apply to NAFTA. CBP is adding a new paragraph (3) to set forth the method used for calculating the value of goods or materials under the USMCA for purposes of determining whether foreign material is considered de minimis. Under the USMCA, the value of a good or material is its customs value or transaction value within the meaning of the Uniform Regulations regarding rules of origin set forth in Appendix A to part 182. 3. Inapplicability of NAFTA Preference Override to USMCA Claims CBP is amending § 102.19 to limit the NAFTA preference override to apply to NAFTA only. Under NAFTA, to receive preferential tariff treatment, a good must be ‘‘originating’’ under General Note 12, HTSUS, and the good must qualify to be marked as a good of a NAFTA country under the part 102 rules in § 102.20. Under the USMCA, unlike NAFTA, a good does not need to qualify to be marked as a good of Canada or Mexico in order to receive preferential tariff treatment. Accordingly, the NAFTA preference override provisions are no longer necessary under the USMCA. Thus, CBP is adding a new paragraph (c) to § 102.19 to state that the NAFTA preference override in paragraphs (a) and (b) applies only to goods entered for consumption, or withdrawn from warehouse for consumption, prior to July 1, 2020, which is the date that the USMCA entered into force. 4. Conforming Amendments As a result of adding the definition of ‘‘inventory management method’’ to § 102.1, CBP needs to make several conforming amendments to other sections of part 102. Accordingly, CBP is removing the phrase ‘‘provided under the appendix to part 181 of this chapter’’ from § 102.11(b)(2) and ‘‘provided under the appendix to part 181 of the Customs Regulations’’ from § 102.12(b). These cross-references to the inventory management methods in the appendix to part 181 are no longer needed because the definition of ‘‘inventory management method’’ is now contained in the general definitions of part 102. C. Part 132 Part 132, Quotas, sets forth the rules and procedures applicable to quotas administered by CBP. CBP is amending § 132.17(a) to reflect the tariff-rate quota PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 for sugar-containing products of Canada established in paragraph 15 of Appendix 2 to Annex 2–B of Chapter 2 of the USMCA. CBP has decided to adopt a similar approach for describing the sugar-containing products as used in the preceding section of this part when describing the beef products subject to an export certificate requirement. This simpler approach removes the specific HTSUS subheading classifications and, alternatively, cross-references to the USTR definition of sugar-containing products and the description of the products in paragraph 15 of Appendix 2 to Annex 2–B of Chapter 2 of the USMCA. As CBP is not the party responsible for determining the sugarcontaining products that qualify for the tariff-rate quota, this approach ensures that the CBP regulations contain an accurate description of the products in the event of a change in the HTSUS subheadings or a change in the USTR definition. D. Part 134 Part 134, Country of Origin Marking, sets forth the regulations implementing the country of origin marking requirements and exceptions of section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). For purposes of the USMCA, the part 102 rules will be applied to determine the country of origin for marking purposes of a good imported from Canada or Mexico (regardless of whether preferential tariff treatment is claimed). Thus, CBP is making the necessary amendments to part 134. Part 134 identifies the articles subject to marking, the methods and manner of marking that should be used, the exceptions to the marking requirements, the marking requirements for containers or holders, and the procedures for articles found not legally marked. 1. Definitions Section 134.1 contains the definitions for part 134. CBP is adding the USMCA to several definitions to clarify that, for those purposes, a good may be from either a NAFTA or USMCA country. In the ‘‘country of origin’’ definition in § 134.1(b), CBP is adding language to clarify that for a good of a NAFTA or USMCA country, the rules set forth in part 102 determine the country of origin for marking purposes. The definition of the ‘‘NAFTA Marking Rules’’ in paragraph (j) has been replaced with a new definition for the ‘‘Part 102 Rules,’’ which are rules promulgated for purposes of determining whether a good is a good of a NAFTA country and to determine the country of origin for E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations marking purposes for goods imported from USMCA countries. For the definition of ‘‘ultimate purchaser’’ in § 134.1(d), CBP is adding ‘‘or USMCA’’ to note that, instead of the general definition of ‘‘ultimate purchaser,’’ the USMCA will use the same definition of ‘‘ultimate purchaser’’ as applied to a good of a NAFTA country. For a good of a NAFTA or USMCA country, the ‘‘ultimate purchaser’’ is the last person in the United States who purchases the good in the form in which it was imported. The words ‘‘or USMCA’’ have also been added to the examples and the term ‘‘part 102 Rules’’ has replaced the term ‘‘NAFTA Marking Rules,’’ in the examples of an ‘‘ultimate purchaser,’’ as appropriate. CBP is further amending § 134.1(g) to add the USMCA to the definition of a ‘‘good of a NAFTA country’’ and to replace references to the ‘‘NAFTA Marking Rules’’ with ‘‘part 102 Rules.’’ The paragraph heading of paragraph (g) has been revised to read ‘‘good of a NAFTA or USMCA country’’ and ‘‘or USMCA’’ has been added to the definition to define a ‘‘good of a NAFTA or USMCA country’’ for marking purposes, as an article for which the country of origin is Canada, Mexico, or the United States as determined under the part 102 Rules. Paragraph (i) defining a ‘‘NAFTA country’’ has similarly been revised. The paragraph heading of paragraph (i) has been revised to read ‘‘NAFTA or USMCA country’’ and the appropriate crossreference to the definition of ‘‘territory’’ in the USMCA has been added. Accordingly, a ‘‘NAFTA or USMCA country’’ is defined as the territory of the United States, Canada, or Mexico, as defined in Annex 201.1 of the NAFTA and Chapter 1, Section C of the USMCA. Finally, § 134.1 has added a new paragraph (l) to include a definition of ‘‘USMCA’’ and has revised the definition of ‘‘NAFTA’’ in paragraph (h). The new paragraph (l) defines ‘‘USMCA’’ as the Agreement between the United States of America, the United Mexican States, and Canada (USMCA), entered into force by the United States, Canada and Mexico on July 1, 2020. CBP has also added a second sentence to the definition of ‘‘NAFTA’’ stating that NAFTA is not applicable to goods entered for consumption, or withdrawn from warehouse for consumption, on or after July 1, 2020 to clarify in part 134 that the USMCA superseded NAFTA when it entered into force. 2. Marking of Containers Subpart C of part 134 addresses the marking requirements and exceptions VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 under 19 U.S.C. 1304(b) for containers and holders. CBP is amending §§ 134.22, 134.23 and 134.24, which provide the general rules for marking of containers or holders, the rules for containers or holders designed for or capable of reuse, and the rules for containers or holders not designed for or capable of reuse, to add the necessary USMCA references. Specifically, CBP is adding ‘‘or USMCA’’ to §§ 134.22(b), (d)(2), and (e)(1) to indicate that a good of a USMCA country which is a usual container is treated the same as a good of a NAFTA country. No marking is required for any good of a NAFTA or USMCA country that is a usual container. CBP is amending § 134.23(a) to note that the exception for goods of a NAFTA country which are usual containers also applies to the USMCA with the addition of the words ‘‘or USMCA.’’ CBP is also revising §§ 134.24(c)(1), (c)(2), and (d)(1) by adding ‘‘or USMCA’’ to clarify that disposable containers or holders are treated the same under the USMCA as under NAFTA. 3. Exceptions to the Marking Requirements In section 209 of the USMCA Act, Congress amended section 304(k) of the Tariff Act of 1930, as amended (19 U.S.C 1304(k)), to create the same exceptions to the marking requirements for the goods of a USMCA country as under NAFTA. Section 134.32 contains the general exceptions to the marking requirements. CBP is adding ‘‘or USMCA’’ to paragraphs (h), (p) and (q) of § 134.32 to indicate that the exceptions to the marking requirements apply to NAFTA and the USMCA. These general exceptions to the marking requirements are: to articles of a USMCA country for which the ultimate purchaser must reasonably know the country of origin by reason of the circumstances of their importation or by reason of the character of the articles even though they are not marked to indicate their origin; to goods of a USMCA country which are original works of art; and to goods of a USMCA country which are provided for in subheading 6904.10 or heading 8541 or 8542 of the HTSUS. 4. Other Marking Provisions CBP is also adding ‘‘or USMCA’’ to multiple other provisions in part 134 to indicate that goods of a USMCA country are subject to the same treatment and marking requirements as goods of a NAFTA country. Specifically, CBP is revising §§ 134.35(a) and (b), 134.43(a), (c)(3), (d)(3), and 134.45(a)(2) to include the USMCA. These sections address PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 35573 articles substantially changed by manufacture, methods of marking specific articles, and approved markings of country name, respectively. Additionally, CBP is revising § 134.35(b) to replace a reference to the ‘‘NAFTA Marking Rules’’ with ‘‘part 102 Rules.’’ E. Part 163 Part 163, Recordkeeping, sets forth the recordkeeping requirements and procedures governing the maintenance, production, inspection, and examination of records. As discussed in more detail in Section III.F., Subpart C—Export Requirements below, 19 CFR 182.21(c) requires an exporter or producer who completes a certification of origin or a producer who provides a written representation for a good exported from the United States to Canada or Mexico to maintain all records and supporting documents relating to the origin of a good for which the certification of origin was completed. The records must be maintained as provided for in § 163.5. Because § 163.5(a) qualifies that the requirement to maintain records for the required retention periods and in the prescribed format only pertains to persons listed in § 163.2, CBP is amending § 163.2 to add USMCA exporters and producers. CBP is amending the scope provision in § 163.0, redesignating § 163.2(c)(2) to (c)(3), and adding a new § 163.2(c)(2) to include the USMCA exporters or producers. It is not necessary to amend § 163.2 to include the USMCA importers because § 163.2 includes all importers without qualification. CBP will make any additional amendments to part 163 necessary to implement the USMCA and to incorporate modifications to the Uniform Regulations in a subsequent rulemaking to be published in the Federal Register at a later date. F. Part 182 Part 182, United States-MexicoCanada Agreement, implements the duty preference and related customs provisions applicable to imported goods under the USMCA. CBP is amending part 182 of title 19 of the CFR (19 CFR part 182) to promulgate additional USMCA implementing regulations related to Chapters 1, 2, 5, and 7 of the USMCA. Currently, part 182 contains a framework with its various subparts outlined. The existing part 182 substantive provisions include the scope, a rules of origin subpart (Subpart F), and Appendix A that sets forth the Uniform Regulations regarding rules of origin trilaterally agreed upon by the United States, Mexico, and Canada. E:\FR\FM\06JYR2.SGM 06JYR2 35574 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations This document amends part 182 to add the general definitions and confidentiality provisions to Subpart A (General Provisions), and to add the implementing regulations for Subparts B (Import Requirements), C (Export Requirements), D (Post-Importation Duty Refund Claims), E (Restrictions on Drawback and Duty-Deferral Programs), G (Origin Verifications and Determinations), J (Commercial Samples and Goods Returned after Repair or Alteration), and K (Penalties). The implementing regulations for the remaining part 182 subparts will be included in a subsequent rulemaking to be published in the Federal Register at a later date. Subpart A—General Provisions Definitions Section 182.1 sets forth the general definitions applicable to this part. Chapter 1 of the USMCA sets forth the general and country-specific definitions to be applied throughout the USMCA, unless otherwise noted. Since § 182.1 contains the definitions of the common terms that are used in multiple places in part 182, it includes definitions from 19 U.S.C. 4502, several Chapters of the USMCA, and the Uniform Regulations regarding rules of origin set forth in Appendix A to part 182. Additional definitions that are not common terms throughout part 182 and are applicable on a more limited basis are set forth elsewhere with the substantive provisions to which they relate. For instance, Appendix A to part 182 contains many definitions that are applicable only to the Uniform Regulations regarding rules of origin. jbell on DSKJLSW7X2PROD with RULES2 Confidentiality To ensure protection of confidential information provided to a USMCA country’s customs administration and to prevent the unauthorized disclosure of this information to third parties and to other USMCA countries, the USMCA contains confidentiality protections. These confidentiality provisions are set forth in USMCA Articles 5.12, 7.22, 7.26, and 7.28. The USMCA also extends the confidentiality provisions in Articles 5.12 and 7.22 to textile and apparel goods under USMCA Chapter 6. See USMCA Article 6.9. Article 5.12 generally governs the treatment of confidential information exchanged by USMCA countries. A USMCA country that receives information designated as confidential from another USMCA country or that is deemed confidential under the receiving USMCA country’s laws is required to maintain the confidentiality of this VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 information pursuant to its respective laws. The receiving USMCA country may use or disclose the confidential information, however, for purposes of administration or enforcement of its customs laws or as otherwise provided for under its law, including in an administrative, quasi-judicial, or judicial proceeding. See USMCA Article 5.12.1 and 5.12.3. A USMCA country may decline to provide information requested by another USMCA country if it has failed to act to keep information confidential in accordance with its law. See USMCA Article 5.12.2. USMCA Article 7.28 extends these confidentiality protections to Section B in USMCA Chapter 7 on cooperation and enforcement. USMCA Article 7.26 governs the exchange of specific confidential information between USMCA countries and sets forth the procedures for USMCA countries to request and provide information that is normally collected in connection with the importation, exportation, or transit of a good for purposes of enforcing or assisting in the enforcement of measures concerning customs offenses. USMCA Article 7.22 governs the protection of information, related to members of the trade community (traders), received by the USMCA country’s customs administration. It requires that each USMCA country’s customs administration apply measures governing the collection, protection, use, disclosure, retention, correction, and disposal of information that it collects from traders. See USMCA Article 7.22.1. Each USMCA country’s customs administration must protect confidential information from use or disclosure, in accordance with its laws, that could prejudice the competitive position of the trader to whom the confidential information relates. See USMCA Article 7.22.2. The customs administration may use or disclose confidential information, however, for the purposes of administration or enforcement of its customs laws or as otherwise provided under its law, including in an administrative, quasijudicial, or judicial proceeding. See USMCA Article 7.22.3. The confidentiality provisions as set forth in USMCA Articles 5.12, 7.22, 7.26, and 7.28 apply to all applicable exchanges of confidential information between the USMCA countries, including a USMCA Article 7.27 verification report containing information obtained during a verification, such as data and documents, that is provided when a USMCA country requests another USMCA country conduct a verification in its territory. Additionally, to further PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 safeguard confidential information, the USMCA allows the importer, exporter, or producer to send information directly to the USMCA country conducting a verification, including documents, to allow the party to protect its proprietary information. See USMCA Article 5.9.3. Several U.S. statutes and regulations govern CBP’s treatment and disclosure of confidential information. The exchange of information between USMCA countries is governed by 19 U.S.C. 1628. Section 209(c) of the USMCA Act amended section 628 of the Tariff Act of 1930 (19 U.S.C. 1628) by striking subsection (c) and inserting language applicable to the USMCA in accordance with USMCA Articles 5.12, 7.26, and 7.28. Pursuant to 19 U.S.C. 1628(c), the Secretary may authorize CBP to exchange information with any government agency of a USMCA country if the Secretary reasonably believes the exchange of information is necessary to implement USMCA chapters 2, 4, 5, 6, or 7, and obtains assurances from such agency that the information will be held in confidence and used only for governmental purposes. The Privacy Act (5 U.S.C. 552a) governs the collection, maintenance, use, and dissemination of personally identifiable information (PII) in systems of records maintained by Federal agencies. PII is defined as information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual, regardless of whether the individual is a U.S. citizen, lawful permanent resident, visitor to the United States, or employee or contractor of the Department of Homeland Security. The Freedom of Information Act (FOIA) (5 U.S.C. 552) provides that any person has the right to request access to records from any federal agency. Under FOIA’s terms, federal agencies must disclose records upon receiving a written request for them, except for those records or portions of records protected from disclosure by any of the nine exemptions or three exclusions found in the statute. Part 5 of title 6 of the CFR (6 CFR part 5) governs the disclosure of information created or maintained by CBP and requested pursuant to the FOIA and Privacy Act. Part 103 of title 19 of the CFR (19 CFR part 103) governs the production and disclosure of CBPmaintained information under other statutory or regulatory provisions and/or as requested through administrative and/or legal processes. Accordingly, part 5 of title 6 and part 103 of title 19 E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations apply where the impetus for the release of information to a member of the public by CBP stems from a request from a member of the public, while USMCArelated disclosures involve CBP proactively releasing information to third parties, for example, the importer, exporter, producer, or other USMCA country, to fulfill the United States’ commitments under the USMCA. Nonetheless, CBP will maintain the confidentiality and disclosure protections in part 103 for USMCArelated information disclosures, including § 103.23(b) detailing the circumstances where disclosures will not be made and § 103.33 addressing the release of information to foreign agencies. The Trade Secrets Act (18 U.S.C. 1905) bars the unauthorized disclosure by government officials of any information received in the course of their employment or official duties when such information ‘‘concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association.’’ See 18 U.S.C. 1905. Specifically, the Trade Secrets Act protects those required to furnish commercial or financial information to the government by shielding them from the competitive disadvantage that could result from disclosure of that information by the government. The courts have interpreted the Trade Secrets Act as covering the same type of information that falls under Exemption 4 of the FOIA. See, e.g., CNA Fin. Corp. v. Donovan, 830 F.2d 1132, 1140 (D.C. Cir. 1987). Exemption 4 of the FOIA protects ‘‘trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.’’ See 5 U.S.C. 552(b)(4). The Trade Secrets Act permits those covered by the Act to disclose protected information when the disclosure is otherwise ‘‘authorized by law,’’ which includes both statutes expressly authorizing disclosure and properly promulgated substantive agency regulations authorizing disclosure based on a valid statutory interpretation. See Chrysler v. Brown, 441 U.S. 281, 294– 316 (1979). For example, 19 U.S.C. 1514(e) grants the Secretary of the Treasury authority to provide, in the case of a negative USMCA determination, the entry number and any other entry information considered necessary to allow the exporter or producer, who is the subject of the determination and completed the certification of origin, to exercise its VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 protest rights pursuant to 19 CFR part 174, except when there is a pattern of conduct of false or unsupported representations pursuant to 19 U.S.C. 1514(f). Thus, CBP is adding a new § 182.2 to address CBP’s responsibility to maintain the confidentiality of the USMCArelated information it receives from the public in accordance with existing statutory and regulatory requirements, including 19 CFR part 103, 6 CFR part 5, and all other applicable statutes and regulations, the legally permitted disclosures of this information that CBP is authorized to make to third parties and other USMCA countries, and the information sharing that is permissible with U.S. government authorities, including the Department of Labor with respect to the USMCA’s labor value content requirements. Section 182.2 fulfills CBP’s commitment under USMCA Article 7.22 to apply measures governing the protection, use, and disclosure of information collected from traders. Section 182.2 is focused on USMCArelated disclosures of information collected from members of the trade community (traders). As discussed in more detail in Section III.F., Subpart G—Origin Verifications and Determinations below, the USMCA requires several notifications, unique to the USMCA, that permit authorized disclosures to importers, exporters, or producers of information collected from traders. Under the USMCA and the Uniform Regulations regarding origin procedures, the confidentiality requirements apply when CBP provides a determination of origin, originally issued to the exporter or producer, to the importer in accordance with USMCA Article 5.9.14 and the Uniform Regulations regarding origin procedures. In order to ensure compliance with the applicable U.S. statutory and regulatory provisions, CBP is also extending the confidentiality regulations in § 182.2 to any of the notifications made during a verification that potentially involve information disclosures to third parties. These include CBP’s notification of the initiation of a verification to the importer (§ 182.73(c)), sending a request for information to the exporter or producer prior to issuing a negative determination (§ 182.75(c)(1)), the issuance of a positive or negative determination of origin (§ 182.75), and the issuance of the intent to deny (§ 182.75(c)(3)). Section 182.2(b) also authorizes CBP to disclose confidential information collected from traders to U.S. government authorities responsible for the administration and enforcement PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 35575 of USMCA requirements, such as the information in the labor value content vehicle certifications to the Department of Labor. The provision that allows the importer, exporter, or producer to send information directly to CBP to protect its proprietary information is set forth in § 182.72(c). See subpart G of part 182. While § 182.2 is intended to address only USMCA-specific information collections and disclosures, CBP will continue to treat all confidential information received from the public, such as routine entry information, in accordance with existing statutory and regulatory requirements, including the routine uses of the systems of record notices (SORNs) for the trade systems maintained by CBP. As discussed above, the exchange of information between USMCA countries is governed by statutory authority (19 U.S.C. 1628). Subpart B—Import Requirements Subpart B of part 182 (19 CFR 182.11– 182.16) contains the USMCA import requirement provisions, as provided for in Chapter 5 of the USMCA, including the filing of a claim for preferential tariff treatment upon importation (§ 182.11), certification of origin requirements (§ 182.12), importer obligations (§ 182.13), certification of origin not required (§ 182.14), maintenance of records (§ 182.15), effect of noncompliance, and failure to provide documentation regarding transshipment (§ 182.16). Section 182.11, Filing of claim for preferential tariff treatment upon importation, sets forth the procedure for making a claim for preferential tariff treatment upon importation, the basis for making a claim, and the requirement that the importer correct a claim if it has reason to believe that the claim is based on inaccurate information or is otherwise invalid. In accordance with Article 5.2.1 of the USMCA, an importer may make a claim for USMCA preferential tariff treatment based on a certification of origin completed by the importer, exporter, or producer for the purpose of certifying that a good being exported from the territory of a USMCA country into the territory of another USMCA country qualifies as an originating good. An importer who makes a claim for preferential tariff treatment upon importation, pursuant to § 182.11(b), also qualifies for an exemption from the merchandise processing fee. Section 182.12, Certification of Origin, indicates the requirements for the certification of origin, consistent with Articles 5.2 and 5.3 of the USMCA, including the specifics on what the certification of origin must contain, its E:\FR\FM\06JYR2.SGM 06JYR2 35576 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations form, its basis, its applicability, and its validity. Section 182.14, Certification of origin not required, sets forth the types of importations, consistent with Article 5.5 of the USMCA, where an importer will not be required to submit a copy of a certification of origin. Unless § 182.14(b) applies, an importer will not be required to submit a copy of a certification of origin for a non-commercial importation of a good; or a commercial importation for which the value of the originating goods does not exceed $2,500 in U.S. dollars. Section 182.15, Maintenance of records, contains the recordkeeping requirements, in accordance with Article 5.8.1 of the USMCA, that apply to an importer claiming USMCA preferential tariff treatment for a good imported into the United States. The importer must maintain the certification of origin and all records and documents that the importer has demonstrating that the good qualifies for preferential tariff treatment under the USMCA, including those related to transit and transshipment, for a minimum of five years from the date of importation of the good. These records are in addition to any other records that the importer is required to prepare, maintain, or make available to CBP under part 163. Pursuant to § 182.16(a), if the importer fails to comply with applicable requirements under this subpart, including submission of a complete certification of origin prepared in accordance with §§ 182.12 and 182.14, when requested, CBP may deny preferential tariff treatment to imported goods. In addition, pursuant to § 182.16(b), CBP may deny preferential tariff treatment to an originating good if the good is transported outside the territories of the USMCA countries, and at the request of CBP, the importer of the good does not provide evidence demonstrating to the satisfaction of CBP that the transit and transshipment conditions of the USMCA were met. jbell on DSKJLSW7X2PROD with RULES2 Subpart C—Export Requirements Subpart C of part 182 (19 CFR 182.21) sets forth the obligations of an exporter or producer who completes a certification of origin for a good exported from the United States to Canada or Mexico. These export requirements are in accordance with Article 5.6 of the USMCA. These requirements include the submission of the certification of origin to CBP upon request, and a requirement to provide prompt notification of errors in the certification of origin that could affect its accuracy or validity to every person VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 to whom the certification was provided, including CBP. Paragraph (c) of § 182.21 sets forth the recordkeeping requirements, in accordance with Article 5.8.2 of the USMCA, that apply to an exporter or producer who completes a certification of origin or a producer who provides a written representation for a good exported from the United States to Canada or Mexico. These records must be maintained as provided for in 19 CFR 163.5 and must be stored and made available for examination and inspection by the appropriate CBP official in the same manner as provided in part 163. As discussed in Section III.E. Part 163 above, to impose these recordkeeping requirements on the USMCA exporters and producers, CBP had to make conforming amendments to 19 CFR 163.2(c). Subpart D—Post-Importation Duty Refund Claims Subpart D of part 182 (19 CFR 182.31– 182.33) sets forth the provisions related to post-importation claims for preferential tariff treatment. Under 19 U.S.C. 1520(d), CBP may reliquidate an entry to refund any excess duties paid at importation on a good qualifying for preferential tariff treatment under the rules of origin for certain enumerated trade agreements for which a claim for preferential tariff treatment was not filed at importation (1520(d) claims). Notwithstanding the fact that a valid protest was not filed, and provided a claimant files the required documents as described in 19 CFR 182.32(b), this provision allows the claimant to receive refunds for any excess duties. See 19 U.S.C. 1520(d). Section 182.31 sets forth the right to make this post-importation claim for preferential tariff treatment. Specifically, where a good would have qualified as an originating good when it was imported into the United States but no claim for preferential tariff treatment was made, the importer of that good may file a claim for a refund of any excess duties at any time within one year after the date of importation of the good in accordance with the procedures set forth in § 182.32. CBP may refund any excess duties by liquidation or reliquidation of the entry covering the good in accordance with § 182.33 of this subpart. As described above, on December 27, 2020, the Appropriations Act was enacted with Title VI of the Act setting forth technical corrections to the USMCA Act. Prior to the enactment of the Appropriations Act and the technical corrections, section 205(a)(1)(C) of the USMCA Act only PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 permitted an importer who made a claim for USMCA preferential tariff treatment upon importation pursuant to § 182.11(b) to qualify for an exemption from the merchandise processing fee while importers who filed a USMCA post-importation claim under 19 U.S.C. 1520(d) (1520(d) claim) were limited to the refund of any excess duties paid at importation and were specifically excluded from receiving the refund of any merchandise processing fees paid at importation. Section 601(e) of Title VI of the Appropriations Act amended 19 U.S.C. 1520(d) to allow the refund of merchandise processing fees for USMCA post-importation claims. This change is retroactively effective as of July 1, 2020, USMCA’s entry into force date, and authorizes CBP to issue refunds of the merchandise processing fees for USMCA post-importation claims. Subpart E—Restrictions on Drawback and Duty-Deferral Programs Subpart E of part 182 (19 CFR 182.41– 182.54) sets forth the provisions regarding drawback claims and dutydeferral programs, as provided for under Article 2.5 of the USMCA, and applies to any good that is a ‘‘good subject to USMCA drawback’’ within the meaning of 19 U.S.C. 4534. Drawback, as generally provided for in section 313 of the Tariff Act of 1930, as amended (19 U.S.C. 1313), is the refund or remission, in whole or in part, of duties, taxes, and fees imposed and paid under Federal law upon entry or importation. The requirements and procedures set forth in subpart E for USMCA drawback are in addition to the general definitions, requirements, and procedures for drawback claims set forth in part 190 of title 19 of the CFR, unless otherwise specified. Further, the requirements and procedures of subpart E are also in addition to those for manipulation, manufacturing, and smelting and refining warehouses contained in parts 19 and 144, for foreign trade zones under part 146, and for temporary importations under bond in part 10. Subpart E contains sections on applicability (§ 182.41), duties and fees not subject to drawback (§ 182.42), eligible goods subject to USMCA drawback (§ 182.43), calculation of drawback (§ 182.44)—which includes the lesser of duty rule for USMCA drawback at § 182.44(a), goods eligible for full drawback (§ 182.45), filing of drawback claim (§ 182.46), completion of claim for drawback (§ 182.47), retention of records (§ 182.49), liquidation and payment of drawback claims (§ 182.50), prevention of E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations improper payment of claims (§ 182.51), subsequent claims for preferential tariff treatment (§ 182.52), verification of claim for drawback, and waiver or reduction of duties (§ 182.54). Certain sections and paragraphs in subpart E of part 182 remain reserved. CBP is reviewing these reserved sections and paragraphs because of outstanding policy considerations and they will be addressed in a subsequent rulemaking. With the exception of the specific sections discussed below, the USMCA drawback provisions contained in subpart E are substantially similar to the NAFTA drawback provisions contained in part 181. In § 182.44(d), Substitution manufacturing drawback under 19 U.S.C. 1313(b), CBP is allowing substitution using the 8-digit HTSUS subheading number standard for the USMCA. See 19 U.S.C. 4534(b). This 8digit HTSUS subheading number standard is the standard previously provided for in section 906, Drawback and Refunds, of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114–125, 130 Stat. 122, February 24, 2016). CBP is adding a paragraph (d)(2), Special rule for sought chemical elements, in § 182.44, that was not part of NAFTA drawback. This paragraph (d)(2) is intended to clarify the term ‘‘same kind and quality’’ as it applies to sought chemical elements. The USMCA drawback provisions in § 182.45 include a few differences from NAFTA drawback. In § 182.45, CBP has made changes to paragraph (d), Certain goods exported to Canada or Mexico, regarding, inter alia, certain sugar tariffs that are excluded from the lesser of duty rule as provided for in 19 U.S.C. 4534(a)(6). In § 182.45, CBP also has added new paragraph (e), Certain goods exported to Canada, as provided for in 19 U.S.C. 4534(a)(7) and (a)(8), and a new paragraph (f), Certain goods that are exported or deemed exported, as provided for in 19 U.S.C. 4534(a)(3). The USMCA did not provide for the time or method of filing a USMCA drawback claim. Accordingly, CBP has made conforming changes to the procedures in § 182.46, Filing of drawback claim, to better align with the general requirements of part 190, Modernized Drawback, as provided for in 19 U.S.C. 1313, as amended. These conforming changes will ensure a more uniform approach to the filing and processing of all drawback claims by requiring claims to be filed within 5 years after the date of importation and to be transmitted electronically in the Automated Commercial Environment (ACE). VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 Subpart G—Origin Verifications and Determinations Subpart G of part 182 (19 CFR 182.71– 182.76) contains the general USMCA verification and determination of origin provisions, including the applicability of these provisions (§ 182.71), verification of claim for preferential tariff treatment (§ 182.72), notification and response procedures (§ 182.73), verification visit procedures (§ 182.74), determinations of origin (§ 182.75), and repeated false or unsupported preference claims (§ 182.76). Section 182.71, Applicability, states that subpart G contains the general origin verification and determination provisions applicable to goods claiming USMCA preferential tariff treatment. USMCA Articles 5.9 and 5.10 and the Uniform Regulations regarding origin procedures address general verification and determinations of origin. Additional verification procedures that apply to textile and apparel goods and automotive goods will be set forth in Subpart H, Textile and Apparel Goods, and Subpart I, Automotive Goods, in part 182. These subparts will be included in a subsequent rulemaking to be published in the Federal Register at a later date. Please refer to the CBP website at https://www.cbp.gov/trade/ priority-issues/trade-agreements/freetrade-agreements/USMCA for more information, including the U.S. USMCA Implementing Instructions, regarding verifications of textile and apparel goods and automotive goods. Section 182.72, Verification of claim for preferential tariff treatment, describes the means that CBP may use to conduct a verification, contains the provisions related to verifications of a material, states that CBP will accept information directly from the importer, exporter, or producer during a verification, and contains the accounting principles that apply to a verification. A claim for USMCA preferential tariff treatment will be subject to such verification as CBP deems necessary. A verification described in subpart G of part 182 may be conducted by a Center of Excellence and Expertise (Center) or by Regulatory Audit and Agency Advisory Services. In accordance with USMCA Article 5.9.2, CBP may initiate the verification of goods imported into the United States under the USMCA with the importer, or with the exporter or producer who completed the certification of origin. A verification of a claim for USMCA preferential tariff treatment may be conducted by means of one or more of the following: Requests for information, including documents, from the PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 35577 importer, exporter, or producer; questionnaires seeking information, including documents, from the importer, exporter, or producer; verification visits to the premises of the exporter or producer in Mexico or Canada in order to request information, including documents, and to observe production processes and facilities; and any other procedure to which the USMCA countries may agree. As described in § 182.72(b), when conducting a verification of a good imported into the United States, CBP may conduct a verification of the material that is used in the production of that good. A verification of a material producer may be conducted pursuant to any of the verification means set forth in § 182.72(a). Please note that CBP believes that the term ‘‘material producer’’ and our application of the verification of materials in part 182 to be sufficiently broad to encompass a verification of either a material producer or a material supplier. CBP encourages public comment on this issue, including whether a material supplier should be separately accounted for in the regulations. In accordance with the Uniform Regulations regarding origin procedures,7 with the exception of the notification to the importer of the initiation of a verification (§ 182.73(c)) and the determination of origin provisions (§ 182.75), subpart G applies when CBP is conducting a verification of a material. Section 182.73, Notification and response procedures, contains the notification and response procedures for requests for information, questionnaires, and verification visits. Paragraph (a) specifies the contents of a request for information and a questionnaire, in accordance with USMCA Article 5.9.5, and that the importer, exporter, or producer must make records available for inspection by a CBP official during a verification. Paragraph (b) states that, prior to conducting a verification visit in Canada or Mexico, CBP will provide the exporter or producer with a notification stating the intent to conduct a verification visit, and provides the contents of that notification in 7 See Uniform Regulations regarding origin procedures, Origin Verifications Section, paragraph 10, which states that where the customs administration of a USMCA country, in conducting an origin verification of a good imported into its territory under USMCA Article 5.9, conducts an origin verification of a material that is used in the production of the good, the origin verification of that material is expected to be conducted in accordance with the procedures set out in: USMCA Article 5.9(1), (5), (7 through 11), (13), and (18); and paragraphs 3, 6, 13, 14, and 15 of the Origin Verifications Section of the Uniform Regulations regarding origin procedures. E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 35578 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations accordance with USMCA Article 5.9.5. Paragraph (c) sets forth the importer notification that is required, pursuant to USMCA Article 5.9.6 and the Uniform Regulations regarding origin procedures, when CBP initiates a verification with the exporter or producer. Paragraph (d) provides the means of communication that CBP may use to contact the exporter or producer. In accordance with USMCA Article 5.9.18, all communication to the exporter or producer will be sent by any means that can produce a confirmation of receipt, with the Uniform Regulations regarding origin procedures specifying the specific means. Paragraph (e) contains information regarding when the time periods in subpart G begin, and paragraph (f) sets forth the amount of time that the importer, exporter, or producer has to respond to a request for information and a questionnaire, and that an exporter or producer has to consent to or deny the verification visit. Section 182.74, Verification visit procedures, sets forth the verification visit procedures applicable to CBP when it is conducting a verification visit of an exporter or producer in Canada or Mexico. CBP may conduct a verification visit of the exporter or producer’s premises in-person or remotely. The same verification visit procedures apply to both in-person and remote verification visits, including the notification of a verification visit to the exporter or producer whose premises are to be visited (§ 182.73(b)), the response time for responding to a notification of a verification visit (§ 182.73(f)(2)), the written consent required prior to the verification visit (§ 182.74(a)), the option to request a postponement of the visit (§ 182.74(b)), the records that must be made available for inspection by a CBP official conducting the verification, the facilities provided for that inspection (§ 182.74(c)), and the right to have observers (§ 182.74(d)). Section 182.75, Determinations of origin, sets forth the contents of a determination of origin and the parties that will receive the determination of origin. While USMCA Article 5.9.14 only requires that a USMCA country provide a written determination of origin to the importer, and the exporter or producer that completed the certification of origin and is the subject of a verification, CBP has decided to extend the parties to whom it will issue a determination of origin. As stated in § 182.75(b), CBP will issue the determination of origin to the importer, and to the exporter or producer who is subject to the verification and either completed the certification of origin or VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 provided information directly to CBP during the verification to ensure that the same parties receive both the intent to deny and the determination of origin. This determination of origin will be issued to these parties within 120 days or, in exceptional cases and upon notification to the appropriate parties, within 210 days, after CBP has determined that it has received all the information necessary to issue a determination in accordance with USMCA Article 5.9.15. USMCA Article 5.9.15 requires the USMCA country conducting the verification to, as expeditiously as possible and within 120 days after it has received all the information necessary (including any information collected pursuant to a verification request to an exporter or producer) to make the determination and provide the written determination to the appropriate parties. The Uniform Regulations regarding origin procedures further clarify that ‘‘all the information necessary’’ includes information that may be required regarding the materials used in the production of a good or any assistance requested under USMCA Article 5.9.8 during a verification from another USMCA country. Pursuant to USMCA Article 5.9.15, the USMCA country may extend this 120-day period, in exceptional cases, for up to 90 days after notifying the importer, and any exporter or producer who is subject the verification or provided information during the verification. CBP has decided to provide this notification of the extension to all parties to whom it will issue a determination of origin pursuant to 19 CFR 182.75(b), including to the exporter or producer who is subject to the verification and either completed the certification of origin or provided information directly to CBP during the verification. Paragraph (c) of § 182.75 contains the provisions that apply to negative determinations of origin when CBP intends to deny USMCA preferential tariff treatment. This paragraph sets forth the circumstances under which CBP must send a request for information to the exporter or producer prior to issuing a negative determination in accordance with USMCA Article 5.9.4, the reasons that CBP may deny preferential tariff treatment, the intent to deny provision, and the additional requirements that apply when CBP issues a negative determination. Paragraph (c)(2) contains the reasons that CBP may deny USMCA preferential tariff treatment as set forth in USMCA Article 5.10.2. CBP will amend paragraph (c)(2) in a subsequent rulemaking to be published in the PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 Federal Register at a later date to reflect the application of the USMCA Article 5.10.2 reasons for denial to textile and apparel goods and automotive goods and to ensure that paragraph (c)(2) contains a comprehensive list of the reasons for denial with the appropriate cross-references. As described above, pursuant to USMCA Article 5.9.16, prior to issuing a written determination of origin, if the USMCA country intends to deny USMCA preferential tariff treatment, the USMCA country must inform the importer, and any exporter or producer who is subject to the verification and provided information during the verification, of the preliminary results of the verification and provide those persons with a notice of intent to deny. Paragraph (c)(3) of § 182.75 contains the intent to deny provision, including that CBP will inform the importer, and the exporter or producer who is subject to the verification and either completed the certification of origin or provided information directly to CBP during the verification, of CBP’s intent to deny preferential tariff treatment. As discussed above, CBP has decided to extend the parties who receive an intent to deny, beyond the requirements in USMCA Article 5.9.16, to ensure that the same parties receive the intent to deny and the determination of origin. The intent to deny will contain the preliminary results of the verification, the effective date of the denial of preferential tariff treatment, and a notice to the importer, exporter, or producer that CBP will provide 30 days to submit additional information, including documents, related to the preferential tariff treatment of the good. Pursuant to paragraph (c)(4), if, 30 days after the importer receives the intent to deny, CBP determines that one or more of the reasons for the denial of preferential tariff treatment continues to apply, CBP will issue a negative determination of origin. In addition to the contents of the determination set forth in § 182.75(a), a negative determination of origin will provide the exporter or producer with the information necessary to file a protest as provided for in 19 U.S.C. 1514(e) and part 174, unless CBP determines that there is a pattern of conduct of false or unsupported representations pursuant to § 182.76. Pursuant to 19 U.S.C. 1514(e), CBP is authorized to provide exporters or producers who receive a negative determination of origin with the entry number and any other entry information considered necessary to allow the exporter or producer to exercise its protest rights under 19 U.S.C. 1514 and E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations part 174, unless CBP determines that there is a pattern of conduct of false or unsupported representations pursuant to 19 U.S.C. 1514(f). CBP will be amending part 174 to allow exporters and producers to exercise their protest rights in a subsequent rulemaking to be published in the Federal Register at a later date. Section 182.76, Repeated false or unsupported preference claims, states that, in accordance with USMCA Article 5.9.17, if a verification reveals a pattern of conduct by the importer, exporter, or producer of false or unsupported representations that a good imported into the United States qualifies for USMCA preferential tariff treatment, CBP may withhold preferential tariff treatment for entries of identical goods until CBP determines that representations of that person are in conformity with part 182 and with General Note 11, HTSUS. As explained in more detail above in Section III.F., Subpart A—General Provisions, CBP has a duty to ensure the protection of confidential business information. In order to ensure compliance with the applicable U.S. statutory and regulatory provisions, CBP has decided to apply the confidentiality regulations in § 182.2 to any of the notifications made during a verification that potentially involve information disclosures to third parties. These include CBP’s notification of the initiation of a verification to the importer (§ 182.73(c)), sending a request for information to the exporter or producer prior to issuing a negative determination (§ 182.75(c)(1)), the issuance of a positive or negative determination of origin (§ 182.75), and the issuance of the intent to deny (§ 182.75(c)(3)). The provision that allows the importer, exporter, or producer to send information directly to CBP to protect its proprietary information is set forth in § 182.72(c). jbell on DSKJLSW7X2PROD with RULES2 Subpart I—Automotive Goods Subpart I of part 182 pertains to automotive goods. The regulations in subpart I, which are currently reserved as §§ 182.91–182.93, may be more expansive than previously anticipated. To allow for this possibility, the numbering structure of the regulations in subpart J has been modified, as explained below. The actual text of the subpart I regulations will be included in a subsequent rulemaking to be published in the Federal Register at a later date. VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 Subpart J—Commercial Samples and Goods Returned After Repair or Alteration Subpart J (19 CFR 182.111–182.112) provides for the duty-free treatment of commercial samples of negligible value and goods re-entered after repair or alteration in Canada or Mexico. The regulations in subpart J, which were previously reserved as § 182.101 and § 182.102, are redesignated as § 182.111 and § 182.112 due to changes in the numbering structure of subpart I of part 182, discussed above. Commercial Samples Section 182.111 defines commercial samples of negligible value, based on Article 2.1 of the USMCA, as commercial samples which have a value, individually or in the aggregate as shipped, of not more than one U.S. dollar, or the equivalent amount in the currency of Canada or Mexico; or which are so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples. These commercial samples of negligible value qualify for duty-free entry from Canada or Mexico, in accordance with Article 2.9 of the USMCA, only if the samples are imported solely for the purpose of soliciting orders for foreign goods or services. Goods Re-Entered After Repair or Alteration in Canada or Mexico Section 182.112 sets forth the rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Canada or Mexico. This section also contains the conditions under which these goods are not eligible for duty-free treatment and provides the documentation requirements. The documentary requirements set forth in § 10.8(a), (b), and (c) apply to goods claiming dutyfree treatment under § 182.112. While CBP is aware that under ordinary circumstances § 10.8 applies to articles claimed to be subject to duty on the value of the repairs or alterations performed abroad, for purposes of the USMCA, the same documentation requirements in § 10.8(a), (b), and (c) apply in connection with the entry of goods returned after repairs or alterations from Canada or Mexico which are claimed to be duty-free under the USMCA. Subpart K—Penalties Subpart K of part 182 (19 CFR 182.121–182.124) sets forth penalties provisions, including those related to general penalties under the USMCA (§ 182.121), corrected claim or PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 35579 certification of origin by importers (§ 182.122), corrected certification of origin by U.S. exporters or producers (§ 182.123), and the framework for correcting claims or certifications of origin (§ 182.124). The regulations in subpart K, which were previously reserved as §§ 182.111–182.114, are redesignated as §§ 182.121–182.124 due to changes in the numbering structure of subparts I and J of part 182, as discussed above. These provisions are in accordance with Articles 5.13, 5.4.2, 5.6.3, and 7.18 of the USMCA. As stated in § 182.121, except as otherwise provided in subpart K, all criminal, civil, or administrative penalties which may be imposed on U.S. importers, exporters, and producers for violations of the customs and related U.S. laws and regulations will also apply to U.S. importers, exporters, and producers for violations of the U.S. laws and regulations relating to the USMCA. An importer who makes a corrected claim or certification of origin, and an exporter or producer who provides written notification of an incorrect certification of origin will not be subject to civil or administrative penalties under 19 U.S.C. 1592 if the corrected claim, certification of origin, or written notification is made promptly and voluntarily. Section 182.124, Framework for correcting claims or certifications of origin, defines ‘‘promptly and voluntarily’’ for these purposes, provides that in cases involving fraud or subsequent incorrect claims a person may not voluntarily correct a claim or certification of origin, sets forth the requirements for the statement that must accompany each corrected claim or certification of origin, and requires that a U.S. importer who makes a corrected claim must tender any actual loss of duties and merchandise processing fees, if applicable. G. Part 190 Part 190, Modernized Drawback, sets forth the general provisions applicable to all drawback claims and specialized provisions applicable to specific types of drawback claims filed under 19 U.S.C. 1313, as amended. CBP is amending part 190 to make conforming edits to include USMCA drawback claims. The scope provision in § 190.0 is amended to clarify that additional drawback provisions relating to the USMCA are contained in subpart E of part 182. Section 190.0a addresses claims filed under NAFTA and CBP is amending the paragraph heading of § 190.0a to reflect that this section is applicable to claims filed under both NAFTA and the USMCA. Section 190.0a E:\FR\FM\06JYR2.SGM 06JYR2 35580 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations is also amended to clarify that USMCA drawback claims filed under the provisions of part 182 must be filed separately from claims filed under the provisions of part 190 (currently it only lists NAFTA drawback claims filed under part 181). And lastly, § 190.51 provides the process for completion of drawback claims and CBP is making conforming changes such as referencing the USMCA and part 182 to indicate that the same process is used for both NAFTA drawback and USMCA drawback claims. IV. Statutory and Regulatory Requirements jbell on DSKJLSW7X2PROD with RULES2 A. Administrative Procedure Act Under section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553), agencies generally are required to publish a notice of proposed rulemaking in the Federal Register that solicits public comment on the proposed regulatory amendments, consider public comments in deciding on the content of the final amendments, and publish the final amendments at least 30 days prior to their effective date. This rule is exempt from APA rulemaking requirements pursuant to 5 U.S.C. 553(a)(1) as a foreign affairs function of the United States because it is promulgating several of the U.S. domestic regulations necessary to implement the preferential tariff treatment and customs related provisions of the USMCA, which is a trilateral agreement negotiated between the United States, Mexico, and Canada. However, CBP is soliciting comments on this IFR and will consider all comments received before issuing a final rule. For the same reasons, a delayed effective date is not required under 5 U.S.C. 553(d)(3). The USMCA entered into force on July 1, 2020. CBP provided guidance to the public on how to comply with the requirements of the USMCA by posting on the CBP website, available at https://www.cbp.gov/trade/ priority-issues/trade-agreements/freetrade-agreements/USMCA, the U.S. USMCA Implementing Instructions, which were issued on March 25, 2020 and updated on June 30, 2020. The provisions of this IFR codify several of these Implementing Instructions. A delayed effective date would cause additional confusion and would be impractical, unnecessary, and contrary to public interest. B. Executive Orders 13563 and 12866 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Rules involving the foreign affairs function of the United States are exempt from the requirements of Executive Orders 13563 and 12866. Because this rule involves a foreign affairs function of the United States by implementing a trilaterally negotiated agreement between the United States, Mexico, and Canada, this rule is not subject to the provisions of Executive Orders 13563 and 12866. C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required to publish a general notice of proposed rulemaking for a rule. Since a notice of proposed rulemaking is not necessary for this rule, CBP is not required to prepare a regulatory flexibility analysis for this rule. D. Paperwork Reduction Act The collection of information in this document has been approved by OMB in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under OMB control numbers 1651–0117, 1651–0098, and 1651–0023. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. The collections of information and recordkeeping requirements related to this rule have been approved by OMB under an emergency revision and extension of collection number 1651–0117 (Free Trade Agreements), an emergency revision of collection number 1651– 0098 (NAFTA Regulations and Certificate of Origin), and an emergency revision and extension of collection number 1651–0023 (CBP Form 28 Request For Information). The revision of collection number 1651–0117 is necessary for CBP to collect the information needed to implement the USMCA. The revision of collection PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 number 1651–0023 is necessary to reflect an increase in burden hours due to the use of CBP Form 28 for an additional purpose: Requesting additional information needed for enforcing the USMCA. The revision of collection number 1651–0098 is necessary to reflect the reduction in burden hours that results from the USMCA superseding NAFTA and the repeal of the NAFTA Implementation Act, as of the USMCA’s entry into force date of July 1, 2020. Importers, who did not claim preferential tariff treatment at the time of importation, have one year from the date of importation of the originating goods to file postimportation claims. These importers may need to use the NAFTA Certificate of Origin to file a post-importation claim for goods from Canada and Mexico entered for consumption, or withdrawn from warehouse for consumption, prior to July 1, 2020 during that one-year time period. Once one year has elapsed, CBP will discontinue this information collection. The likely respondents for these information collections are importers, exporters, producers, and customs brokers. The information collection requirements will result in the following estimated burden hours: Free Trade Agreements Estimated Number of Annual Respondents: 4,699,460. Estimated Number of Annual Responses per Respondent: 1.00034. Estimated Total Annual Responses: 4,701,060. Estimated Time per Response: 2 hours. Estimated Total Annual Burden Hours: 9,402,120. NAFTA Certificate of Origin Estimated Number of Annual Respondents: 13,000. Estimated Number of Annual Responses per Respondent: 1. Estimated Total Annual Responses: 13,000. Estimated Time per Response: 2 hours. Estimated Total Annual Burden Hours: 26,000. NAFTA Questionnaire Estimated Number of Annual Respondents: 400. Estimated Number of Annual Responses per Respondent: 1. Estimated Total Annual Responses: 400. Estimated Time per Response: 2 hours. Estimated Total Annual Burden Hours: 800. E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations List of Subjects NAFTA Motor Vehicle Averaging Election Estimated Number of Annual Respondents: 11. Estimated Number of Annual Responses per Respondent: 1.28. Estimated Total Annual Responses: 14. Estimated Time per Response: 1 hour. Estimated Total Annual Burden Hours: 14. CBP Form 28 Request for Information Estimated Number of Annual Respondents: 62,000. Estimated Number of Annual Responses per Respondent: 1. Estimated Total Annual Responses: 62,000. Estimated Time per Response: 2 hours. Estimated Total Annual Burden Hours: 124,000. Comments concerning the collection of information and the accuracy of the estimated annual burden, and suggestions for reducing that burden, should be directed to the Office of Management and Budget, Attention: Desk Officer for Customs and Border Protection, Department of Homeland Security, Office of Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 90 K Street NE, 10th Floor, Washington, DC 20229–1177. Comments are specifically welcome on (a) whether the proposed collection of information is necessary for the proper performance of the mission of the agencies, and whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the collections of information; (c) ways to enhance the quality, utility, and clarity of the information collection; (d) ways to minimize the burden of the information collection, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to maintain the information. Comments should be received on or before September 7, 2021. jbell on DSKJLSW7X2PROD with RULES2 V. Signing Authority VerDate Sep<11>2014 18:05 Jul 02, 2021 19 CFR Part 102 Canada, Mexico, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 132 Imports. 19 CFR Part 134 Labeling, Packaging and containers. 19 CFR Part 163 Administrative practice and procedure, Exports, Imports, Penalties, Reporting and recordkeeping requirements. 19 CFR Part 182 Administrative practice and procedure, Canada, Exports, Mexico, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 190 Alcohol and alcoholic beverages, Claims, Exports, Foreign trade zones, Guantanamo Bay Naval Station, Cuba, Packaging and containers, Reporting and recordkeeping requirements, Trade agreements. For the reasons stated above, amend parts 10, 102, 132, 134, 163, 182, and 190 of title 19 of the Code of Federal Regulations as set forth below. PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 1. The general authority citation for part 10 is revised to read as follows: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 4513. [Amended] 2. In § 10.8(a)(2) amend the declaration by adding the words ‘‘(unless subject to USMCA drawback)’’ after the words ‘‘without the benefit of drawback.’’ ■ PART 102—RULES OF ORIGIN 3. The general authority citation for part 102 is revised to read as follows: ■ This rulemaking is being issued in accordance with 19 CFR 0.1(a)(1), pertaining to the authority of the Secretary of the Treasury (or that of his or her delegate) to approve regulations related to certain customs revenue functions. Jkt 253001 Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1624, 3592, 4513. § 102.0 ■ PO 00000 [Amended] Fmt 4701 § 102.0 Scope. * * * The rules set forth in §§ 102.1 through 102.18 and 102.20 also determine the country of origin for marking purposes of imported goods under the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). * * * * * * * * 5. In § 102.1: a. Paragraph (a) is amended by removing the reference to ‘‘(m)(5), (m)(6), and (m)(7)’’ and adding in its place the reference to ‘‘(n)(5), (n)(6), and (n)(7)’’; ■ b. Paragraph (i) is amended by removing the reference to ‘‘(m)(5), (m)(6), and (m)(7)’’ and adding in its place the reference to ‘‘(n)(5), (n)(6), and (n)(7)’’; ■ c. Paragraphs (l) through (p) are redesignated as paragraphs (m) through (q); ■ d. A new paragraph (l) is added; ■ e. In redesignated paragraph (q)(1), add the words ‘‘under NAFTA’’ after the word ‘‘good’’; ■ f. In redesignated paragraph (q)(2), add the words ‘‘under NAFTA’’ after the word ‘‘material’’; and ■ g. Add paragraph (q)(3). The additions read as follows: ■ ■ § 102.1 Definitions. * * * * * (l) Inventory management method. ‘‘Inventory management method’’ means: (1) Averaging; (2) ‘‘Last-in, first-out;’’ (3) ‘‘First-in, first-out;’’ or (4) Any other method that is recognized in the Generally Accepted Accounting Principles (GAAP) of the country in which the production is performed or is otherwise accepted by that country. * * * * * (q) * * * (3) In the case of a good or material under the USMCA, its customs value or transaction value within the meaning of Appendix A to part 182 of this chapter. § 102.11 [Amended] 6. Amend § 102.11(b)(2) by removing the phrase ‘‘provided under the appendix to part 181 of this chapter’’. ■ § 102.12 [Amended] 7. Amend § 102.12(b) by removing the phrase ‘‘provided under the appendix to part 181 of the Customs Regulations’’. ■ 4. Amend § 102.0 as follows: Frm 00017 a. In the beginning of the second sentence, remove the word ‘‘These’’ and add in its place the words ‘‘Under NAFTA, these’’; and ■ b. Add a new third sentence. The addition reads as follows: ■ 19 CFR Part 10 Bonds, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. § 10.8 35581 Sfmt 4700 E:\FR\FM\06JYR2.SGM 06JYR2 35582 § 102.19 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations [Amended] § 102.19 NAFTA preference override. * * * * * (c) Paragraphs (a) and (b) of this section apply only to goods entered for consumption, or withdrawn from warehouse for consumption, prior to July 1, 2020. PART 132—QUOTAS 9. The general and specific authority citations for part 132 continue to read as follows: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1623, 1624. Sections 132.15, 132.17, and 132.18 also issued under 19 U.S.C. 1202 (additional U.S. Note 3 to Chapter 2, HTSUS; additional U.S. Note 8 to Chapter 17, HTSUS; and subchapter II of Chapter 99, HTSUS, respectively), 1484, 1508. § 132.17 [Amended] 10. Amend § 132.17 by revising the first sentence of paragraph (a) to read as follows: (a) * * * For sugar-containing products defined in 15 CFR 2015.2(a), and as described in paragraph 15 of Appendix 2, Tariff Schedule of the United States—(Tariff Rate Quotas), to Annex 2–B of Chapter 2 of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA), for which preferential tariff treatment is claimed under the USMCA, and that are products of a participating country, as defined in 15 CFR 2015.2(e), the importer must possess a valid export certificate in order to claim the in-quota tariff rate of duty on the products at the time they are entered or withdrawn from warehouse for consumption. * * * * * * * * ■ PART 134—COUNTRY OF ORIGIN MARKING 11. The general authority citation for part 134 continues to read as follows: ■ Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1304, 1624. 12. Amend § 134.1 as follows: a. Revise the second sentence of paragraph (b); ■ b. In paragraph (d), add the words ‘‘or USMCA’’ after the words ‘‘good of a NAFTA’’ each place it appears and remove the words ‘‘NAFTA Marking Rules’’ each place they appear and add in their place the words ‘‘part 102 Rules’’; jbell on DSKJLSW7X2PROD with RULES2 ■ ■ VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 c. In paragraph (g): i. Add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in the paragraph heading; ■ ii. Add the words ‘‘or USMCA’’ after the words ‘‘good of a NAFTA’’; and ■ iii. Remove the words ‘‘NAFTA Marking Rules’’ and add in their place the words ‘‘part 102 Rules’’; ■ e. Add a second sentence to paragraph (h); ■ f. Revise paragraph (i); ■ g. Revise paragraph (j); and ■ h. Add paragraph (l). The revisions and additions read as follows: ■ ■ 8. In § 102.19, add paragraph (c) to read as follows: ■ § 134.1 Definitions. * * * * * (b) * * * Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘‘country of origin’’ within the meaning of this part; however, for a good of a NAFTA or USMCA country, the marking rules set forth in part 102 of this chapter (hereinafter referred to as the part 102 Rules) will determine the country of origin. * * * * * (h) * * * NAFTA is not applicable to goods entered for consumption, or withdrawn from warehouse for consumption, on or after July 1, 2020. (i) NAFTA or USMCA country. ‘‘NAFTA or USMCA country’’ means the territory of the United States, Canada or Mexico, as defined in Annex 201.1 of NAFTA and Chapter 1, Section C of the USMCA. (j) Part 102 Rules. ‘‘Part 102 Rules’’ are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country, as set forth in part 102 of this chapter. The rules also apply to determine the country of origin for marking purposes for goods imported under the USMCA. * * * * * (l) USMCA. ‘‘USMCA’’ means the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA), entered into force by the United States, Canada and Mexico on July 1, 2020. § 134.22 [Amended] 13. Amend § 134.22 as follows: a. In paragraph (b), add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’; ■ b. In paragraph (d)(2): ■ i. Add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in the paragraph heading; and ■ ii. Add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in the first sentence; and ■ ■ PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 c. In paragraph (e)(1), add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’. ■ § 134.23 [Amended] 14. Amend § 134.23(a) by adding the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in the first sentence. ■ § 134.24 [Amended] 15. Amend § 134.24 by adding the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ each place it appears. ■ § 134.32 [Amended] 16. Amend § 134.32 as follows: a. In paragraph (h), add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’; ■ b. In paragraph (p), add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’; and ■ c. In paragraph (q), add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’. ■ ■ § 134.35 [Amended] 17. Amend § 134.35 as follows: a. In paragraph (a), add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in the paragraph heading; ■ b. In paragraph (b): ■ i. Add the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in the paragraph heading; ■ ii. Add the words ‘‘or USMCA’’ after the words ‘‘goods of a NAFTA’’ in the first sentence; and ■ iii. Remove the words ‘‘NAFTA Marking Rules’’ and add in their place the words ‘‘part 102 Rules’’. ■ ■ § 134.43 [Amended] 18. Amend § 134.43 by adding the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’ in each place it appears. ■ § 134.45 [Amended] 19. Amend § 134.45(a)(2) by adding the words ‘‘or USMCA’’ after the term ‘‘NAFTA’’. ■ PART 163—RECORDKEEPING 20. The general and specific authority citations for part 163 continue to read as follows: ■ Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. Section 163.2 also issued under 19 U.S.C. 3904, 3907. § 163.0 [Amended] 21. Amend § 163.0 as follows: a. Add the words ‘‘and the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA)’’ after the words ‘‘North American Free Trade Agreement’’; ■ b. Add the words ‘‘and 182’’ after the number ‘‘181’’. ■ 22. Amend § 163.2(c) by: ■ ■ E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations a. Adding the words ‘‘and producers’’ after the word ‘‘exporters’’ in the paragraph heading; ■ b. Redesignating paragraph (c)(2) as paragraph (c)(3); ■ c. Adding a new paragraph (c)(2). The addition reads as follows: ■ § 163.2 Persons required to maintain records. * * * * * (c) * * * (2) USMCA. Any exporter or producer who completes a certification of origin or a producer who provides a written representation for a good exported from the United States to Canada or Mexico pursuant to the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) must maintain records in accordance with part 182 of this chapter. * * * * * PART 182—UNITED STATES-MEXICOCANADA AGREEMENT 23. The general and specific authority citations for part 182 are revised to read as follows: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i) and General Note 11, Harmonized Tariff Schedule of the United States (HTSUS)), 1624, 4513, 4535; Section 182.1 also issued under 19 U.S.C. 4502; Subpart D also issued under 19 U.S.C. 1520(d); Subpart E also issued under 19 U.S.C. 4534; Subpart 182.61 also issued under 19 U.S.C. 4531, 4532; Subpart G also issued under 19 U.S.C. 4533. Subpart A—General Provisions ■ 24. Add § 182.1 to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 182.1 General definitions. The definitions applicable to rules of origin are contained in Appendix A. This section sets forth the general definitions used throughout this part. As used in this part, the following terms will have the meanings indicated unless either the context in which they are used requires a different meaning or a different definition is prescribed for a particular section of this part: Canada, when used in a geographical rather than governmental context, means the ‘‘Territory’’ of Canada as defined in Appendix A to this part; Claim for preferential tariff treatment means a claim that a good is entitled to the customs duty rate applicable under the USMCA to an originating good and to an exemption from the merchandise processing fee; VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 Commercial importation means the importation of a good into the United States, Canada, or Mexico for the purpose of sale, or any commercial, industrial, or other like use. Customs duty includes a duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any: (1) Charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994; (2) Fee or other charge in connection with the importation commensurate with the cost of services rendered; (3) Antidumping or countervailing duty; and (4) Premium offered or collected on an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions, tariff-rate quotas, or tariff preference levels; Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement; Days means calendar days, and includes Saturdays, Sundays and holidays; Enterprise means an entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned or controlled, including a corporation, trust, partnership, sole proprietorship, joint venture, association or similar organization; Exporter means an exporter located in the territory of a USMCA country and an exporter required under this part to maintain records regarding exportations of a good; GATT 1994 means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement; Goods means merchandise, product, article, or material; Goods of a USMCA country means domestic products as these are understood in the GATT 1994 or such goods as the USMCA country may agree, and includes originating goods of a USMCA country; HTSUS means the Harmonized Tariff Schedule of the United States as promulgated by the U.S. International Trade Commission; Identical goods means goods that are the same in all respects, including physical characteristics, quality, and reputation, irrespective of minor differences in appearance that are not PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 35583 relevant to a determination of origin of those goods; Importer means an importer located in the territory of a USMCA country and an importer required under this part to maintain records regarding importations of a good; Indirect material means a material used or consumed in the production, testing, or inspection of a good but not physically incorporated into the good, or a material used or consumed in the maintenance of buildings or the operation of equipment associated with the production of a good, including: (1) Fuel and energy, (2) Tools, dies, and molds, (3) Spare parts and materials used or consumed in the maintenance of equipment or buildings, (4) Lubricants, greases, compounding materials and other materials used or consumed in production or used to operate equipment or buildings, (5) Gloves, glasses, footwear, clothing, safety equipment, and supplies, (6) Equipment, devices and supplies used or consumed for testing or inspecting the goods, (7) Catalysts and solvents, and (8) Any other material that is not incorporated into the good but if the use in the production of the good can reasonably be demonstrated to be a part of that production; Material means a good that is used in the production of another good, and includes a part or ingredient; Mexico, when used in a geographical rather than governmental context, means the ‘‘Territory’’ of Mexico as defined in Appendix A to this part; Originating, when used with regard to a good or material, means a good or material qualifying as originating under the rules of origin set forth in General Note 11, HTSUS, and in Appendix A to this part; Person means a natural person or an enterprise; Post-importation duty refund claim means a claim filed by the importer of a good for a refund of any excess customs duties at any time within one year after the date of importation of the good where the good would have qualified as an originating good when it was imported into the United States but no claim for preferential tariff treatment was made. Preferential tariff treatment means the customs duty rate applicable under the USMCA to an originating good; Producer means a person who engages in the production of a good; Series of importations means two or more customs entries covering a good arriving the same day from the same exporter and consigned to the same person; E:\FR\FM\06JYR2.SGM 06JYR2 35584 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations United States, when used in a geographical rather than governmental context, means the territory of the United States as defined in Appendix A to this part; Used means used or consumed in the production of a good; USMCA means the Agreement between the United States of America, the United Mexican States, and Canada, entered into force by the United States, Canada and Mexico on July 1, 2020. USMCA country means a Party to the USMCA; Value means the value of a good or material for the purpose of calculating customs duties or for the purpose of applying this part; WTO means the World Trade Organization; and WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on April 15, 1994. ■ 25. Add § 182.2 to subpart A to read as follows: § 182.2 Confidentiality. (a) Maintaining confidentiality. Subject to paragraph (b) of this section, CBP must maintain the confidentiality of the information that it receives from the public when the information is considered trade secrets under the Trade Secrets Act (18 U.S.C. 1905), personally identifiable information under the Privacy Act (5 U.S.C. 552a), or privileged or confidential commercial or financial information. This information must be maintained as confidential in accordance with part 103 of this chapter, 6 CFR part 5, and all other applicable statutes and regulations. (b) Authorized disclosures. CBP may only disclose the confidential information in paragraph (a) of this section to third parties and to other USMCA countries for purposes of administration or enforcement of the customs laws or if otherwise authorized by law, and pursuant to the routine uses of the systems of record notices (SORNs) for the trade systems maintained by CBP. This does not preclude the disclosure of confidential information to U.S. government authorities responsible for the administration and enforcement of USMCA requirements, such as the Department of Labor, and of customs and revenue matters. jbell on DSKJLSW7X2PROD with RULES2 Subpart B—Import Requirements ■ 26. Add § 182.11 to read as follows: § 182.11 Filing of claim for preferential tariff treatment upon importation. (a) Basis of claim. An importer may make a claim for USMCA preferential VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 tariff treatment, including an exemption from the merchandise processing fee, based on a written or electronic certification of origin, as specified in § 182.12, completed by the importer, exporter, or producer for the purpose of certifying that a good qualifies as an originating good. (b) Making a claim. The claim is made by including on the entry summary, or equivalent documentation, or by the method specified for equivalent reporting via a CBP-authorized electronic data interchange system, the letters ‘‘S’’ or ‘‘S+’’ as a prefix to the subheading of the HTSUS under which each originating good is classified. (c) Corrected claim. If, after making the claim specified in paragraph (b) of this section, the importer has reason to believe that the certification of origin is based on inaccurate information or is otherwise invalid, the importer must promptly and voluntarily correct the claim or certification of origin, pay any duties that may be due, and submit a statement either in writing to the CBP office where the original claim was filed or via a CBP-authorized electronic data interchange system in accordance with § 182.124 of this part (see §§ 182.122 and 182.124 of this part). ■ 27. Add § 182.12 to read as follows: § 182.12 Certification of origin. (a) General. An importer who makes a claim, pursuant to § 182.11(b), based on a certification of origin completed by the importer, exporter, or producer that the good is originating must submit, at the request of CBP, a copy of the certification of origin. The certification of origin: (1) Need not be in a prescribed format but must be in writing or must be transmitted electronically pursuant to any electronic means authorized by CBP for that purpose; (2) May be provided on an invoice or any other document, except an invoice or commercial document issued in the territory of a non-USMCA country; (3) Must be in the possession of the importer at the time the claim for preferential tariff treatment is made; (4) Must include the following information to be valid: (i) Whether the certifier is the importer, exporter, or producer in accordance with this subpart; (ii) The certifier’s name, title, address (including country), telephone number, and email address; (iii) The exporter’s name, address (including country), email address, and telephone number if different from the certifier, unless the producer is completing the certification of origin PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 and does not know the identity of the exporter; (iv) The producer’s name, address (including country), email address, and telephone number, if different from the certifier or exporter; or if there are multiple producers, ‘‘Various’’ or a list of producers (see also paragraph (c) of this section); (v) If known, the importer’s name, address, email address, and telephone number; or if there are multiple importers, ‘‘Various’’ or a list of importers; (vi) The legal name, address (including country), telephone number, and email address (if any) of the responsible official or authorized agent of the importer, exporter, or producer signing the certification; (vii) A description of the good for which preferential tariff treatment is claimed, which must be sufficiently detailed to relate it to the invoice and the Harmonized System (HS) nomenclature; (viii) The HTSUS tariff classification, to six or more digits, as necessary for the specific change in tariff classification rule for the good set forth in General Note 11, HTSUS; (ix) The applicable rule of origin set forth in General Note 11, HTSUS, under which the good qualifies as an originating good; (x) In the case of a good listed in Schedule II of Appendix A of this part, the following statement must be included: ‘‘Schedule II of the USMCA Rules of Origin Uniform Regulations’’; (xi) If the certification of origin covers a single shipment of a good, the invoice number related to the exportation, if known; (xii) In case of a blanket certification issued with respect to multiple shipments of identical goods within any period specified in the certification of origin, not exceeding 12 months from the date of certification, the period that the certification covers; and (5) Must include the following statement: ‘‘I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.’’ (b) Address. For the purposes of the certification of origin provided for in paragraph (a) of this section: (1) The address of the exporter provided under paragraph (a)(4)(iii) is the place of export of the good in a USMCA country’s territory; E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations (2) The address of a producer provided under paragraph (a)(4)(iv) is the place of production of the good in a USMCA country’s territory; and (3) The address of the importer provided under paragraph (a)(4)(v) must be in a USMCA country’s territory. (c) Confidentiality of producer information. For the purposes of the information provided under paragraph (a)(4)(iv) of this section, a person that wishes for this information to remain confidential may state ‘‘Available upon request by the importing authorities.’’ (d) Responsible official or agent. The certification of origin provided for in paragraph (a) of this section must be signed and dated by a responsible official of the importer, exporter, or producer, or by the importer’s, exporter’s, or producer’s authorized agent having knowledge of the relevant facts. (e) Language. The certification provided for in paragraph (a) of this section must be completed in English, French, or Spanish. If the certification of origin is not in English, CBP may require the importer to submit an English translation of the certification. (f) Basis of a certification of origin. (1) A certification of origin may be completed by the importer, exporter, or producer of the good on the basis of: (i) The certifier of the certification of origin of the good having information, including documents, that demonstrate that the good is originating; or (ii) In the case of an exporter who is not the producer of the good, reasonable reliance on the producer’s written representation, such as in a certification of origin, that the good is originating. (2) CBP may not require that an exporter or producer complete a certification of origin, or provide a certification of origin or written representation to another person. (g) Applicability of certification of origin. The certification of origin provided for in paragraph (a) of this section may be applicable to: (1) A shipment of goods into the United States, which may consist of: (i) A single shipment of goods that results in the filing of one or more entries; or (ii) More than one shipment of goods that results in the filing of one entry. (2) Multiple shipments of identical goods into the United States that occur within a specified blanket period, not exceeding 12 months, set out in the certification. (h) Validity of certification of origin. A certification of origin that is properly completed, signed, and dated in accordance with the requirements of this section will be accepted as valid for VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 four years following the date on which it was completed. ■ 28. Add § 182.13 to read as follows: § 182.13 Importer obligations. (a) General. An importer who makes a claim for USMCA preferential tariff treatment: (1) Will be deemed to have made a statement based on a valid certification of origin that the good qualifies as an originating good; (2) Is responsible for the truthfulness of the claim and of all the information and data contained in the certification of origin provided for in § 182.12; and (3) Is responsible for submitting supporting documents requested by CBP, and for the truthfulness of the information contained in those documents. When a certification of origin prepared by an exporter or producer forms the basis of a claim for preferential tariff treatment and CBP requests the submission of supporting documents, the importer will provide to CBP, or arrange for the direct submission by the exporter or producer of, information relied on by the exporter or producer in preparing the certification. (b) Exemption from penalties. An importer will not be subject to civil or administrative penalties under 19 U.S.C. 1592 for making an incorrect claim for preferential tariff treatment or submitting an incorrect certification of origin, provided that the importer promptly and voluntarily corrects the claim or certification of origin, pays any duties and merchandise processing fees, if applicable, that may be due, and submits a statement either in writing or via a CBP-authorized electronic data interchange system to the CBP office where the original claim was filed in accordance with § 182.124 (see §§ 182.122 and 182.124). ■ 29. Add § 182.14 to read as follows: § 182.14 Certification of origin not required. (a) General. Except as otherwise provided in paragraph (b) of this section, an importer will not be required to submit a copy of a certification of origin under § 182.12 for: (1) A non-commercial importation of a good; or (2) A commercial importation for which the value of the originating goods does not exceed $2,500 in U.S. dollars. (b) Exception. If CBP determines that an importation described in paragraph (a) of this section is part of a series of importations carried out or planned for the purpose of evading compliance with the certification requirements of § 182.12, CBP will notify the importer PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 35585 that for that importation the importer must submit to CBP a copy of the certification of origin. The importer must submit such a copy within 30 days from the date of the notice. Failure to timely submit a copy of the certification of origin will result in denial of the claim for preferential tariff treatment. ■ 30. Add § 182.15 to read as follows: § 182.15 Maintenance of records. (a) General. An importer claiming USMCA preferential tariff treatment for a good must maintain for a minimum of five years from the date of importation of the good, all records and documents that the importer has demonstrating that the good qualifies for preferential tariff treatment under the USMCA, including the certification of origin and records related to transit and transshipment. These records are in addition to any other records that the importer is required to prepare, maintain, or make available to CBP under part 163 of this chapter. (b) Method of maintenance. The records and documents referred to in paragraph (a) of this section must be maintained by importers as provided in § 163.5 of this chapter. ■ 31. Add § 182.16 to read as follows: § 182.16 Effect of noncompliance; failure to provide documentation regarding transshipment. (a) General. If the importer fails to comply with applicable requirements under this subpart, including submission of a complete certification of origin prepared in accordance with §§ 182.12 and 182.14, when requested, CBP may deny preferential tariff treatment to the imported good. (b) Failure to provide documentation regarding transshipment. Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, CBP nevertheless may deny preferential tariff treatment to an originating good if the good is transported outside the territories of the USMCA countries, and at the request of CBP, the importer of the good does not provide evidence demonstrating to the satisfaction of CBP that the transit and transshipment conditions set forth in Appendix A of this part were met. Subpart C—Export Requirements ■ 32. Add § 182.21 to read as follows: § 182.21 Certification of origin for goods exported to Canada or Mexico. (a) Submission of certification of origin to CBP. An exporter or producer who completes a certification of origin for a good exported from the United States to Canada or Mexico must E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 35586 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations provide a copy of the certification of origin (written or electronic) to CBP upon request. (b) Notification of errors in certification of origin. An exporter or producer who completes a certification of origin for a good exported from the United States to Canada or Mexico and who has reason to believe that the certification contains or is based on incorrect information must promptly and voluntarily notify every person, in writing, to whom the certification was provided of any change that could affect the accuracy or validity of the certification. Notification of an incorrect certification must also be given either in writing or via a CBP-authorized electronic data interchange system to CBP specifying the correction in accordance with § 182.124 (see §§ 182.123 and 182.124). (c) Maintenance of records—(1) General. An exporter or producer who completes a certification of origin or a producer who provides a written representation for a good exported from the United States to Canada or Mexico must maintain, for a period of at least five years after the date the certification was completed, all records and supporting documents relating to the origin of a good for which the certification of origin was completed, including the certification or copies thereof and records and documents associated with: (i) The purchase, cost, value, and shipping of, and payment for, the good or material; (ii) The purchase, cost, value, and shipping of, and payment for, all materials, including indirect materials, used in the production of the good or material; and (iii) The production of the good in the form in which the good is exported or the production of the material in the form in which it was sold. (2) Method of maintenance. The records referred to in paragraph (c) of this section must be maintained as provided in § 163.5 of this chapter. (3) Availability of records. For purposes of determining compliance with the provisions of this part, the records required to be maintained under this section must be stored and made available for examination and inspection by a CBP official in the same manner as provided in part 163 of this chapter. Subpart D—Post-Importation Duty Refund Claims ■ 33. Add § 182.31 to read as follows: VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 § 182.31 Right to make post-importation claim for preferential tariff treatment and refund duties. Notwithstanding any other available remedy, where a good would have qualified as an originating good when it was imported into the United States but no claim for preferential tariff treatment was made, the importer of that good may file a claim for a refund of any excess customs duties at any time within one year after the date of importation of the good in accordance with 19 U.S.C. 1520(d) and the procedures set forth in § 182.32. Unless the importer fails to comply with the applicable requirements in this part, CBP may refund any excess customs duties by liquidation or reliquidation of the entry covering the good in accordance with § 182.33. ■ 34. Add § 182.32 to read as follows: § 182.32 Filing procedures. (a) Place of filing. A post-importation claim for a refund must be filed with CBP, either at the port of entry or electronically. (b) Contents of claim. A postimportation claim for a refund must be filed by presentation of the following: (1) A written or electronic declaration or statement stating that the good was an originating good at the time of importation and setting forth the number and date of the entry or entries covering the good; (2) A copy of a written or electronic certification of origin prepared in accordance with § 182.12 demonstrating that the good qualifies for preferential tariff treatment; (3) A written statement indicating whether the importer of the good provided a copy of the entry summary or equivalent documentation to any other person. If such documentation was so provided, the statement must identify each recipient by name, CBP identification number, and address and must specify the date on which the documentation was provided; and (4) A written statement indicating whether or not any person has filed a protest, petition, or request for reliquidation; and if any such protest, petition, or request for reliquidation has been filed, the statement must identify the filing by number and date. ■ 35. Add § 182.33 to read as follows: § 182.33 CBP processing procedures. (a) Status determination. After receipt of a post-importation claim made pursuant to § 182.32, CBP will determine whether the entry covering the good has been liquidated and, if liquidation has taken place, whether the liquidation has become final. PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 (b) Pending protest, petition, or request for reliquidation or judicial review. If CBP determines that any protest, petition, or request for reliquidation relating to the good has not been finally decided, CBP will suspend action on the claim filed under § 182.32 until the decision on the protest, petition, or request for reliquidation becomes final. If a summons involving the tariff classification or dutiability of the good is filed in the Court of International Trade, CBP will suspend action on the claim filed under § 182.32 until judicial review has been completed. (c) Allowance of claim—(1) Unliquidated entry. If CBP determines that a claim for a refund filed under § 182.32 should be allowed and the entry covering the good has not been liquidated, CBP will take into account the claim for refund in connection with the liquidation of the entry. (2) Liquidated entry. If CBP determines that a claim for a refund filed under § 182.32 should be allowed and the entry covering the good has been liquidated, whether or not the liquidation has become final, the entry must be reliquidated in order to effect a refund of customs duties under this section. If the entry is otherwise to be reliquidated based on administrative review of a protest or as a result of judicial review, CBP will reliquidate the entry taking into account the claim for refund under § 182.32. (d) Denial of claim—(1) General. CBP may deny a claim for a refund filed under § 182.32 if the claim was not filed timely, if the importer has not complied with the requirements of § 182.32 or the other applicable requirements in this part, or if, following an origin verification, CBP determines either that the imported good was not an originating good at the time of importation or that a basis exists upon which preferential tariff treatment may be denied. (2) Unliquidated entry. If CBP determines that a claim for a refund filed under § 182.32 should be denied and the entry covering the good has not been liquidated, CBP will deny the claim in connection with the liquidation of the entry, and notice of the denial and the reason for the denial will be provided to the importer in writing or via a CBP-authorized electronic data interchange system. (3) Liquidated entry. If CBP determines that a claim for a refund filed under § 182.32 should be denied and the entry covering the good has been liquidated, whether or not the liquidation has become final, the claim may be denied without reliquidation of E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations the entry. If the entry is otherwise to be reliquidated based on administrative review of a protest, petition, or request for reliquidation or as a result of judicial review, such reliquidation may include denial of the claim filed under this subpart. In either case, CBP will provide notice of the denial and the reason for the denial to the importer in writing or via a CBP-authorized electronic data interchange system. Subpart E—Restrictions on Drawback and Duty-Deferral Programs ■ 36. Add § 182.41 to read as follows: § 182.41 Applicability. This subpart sets forth the provisions regarding drawback claims and dutydeferral programs under Article 2.5 of the USMCA and applies to any good that is a ‘‘good subject to USMCA drawback’’ within the meaning of 19 U.S.C. 4534. The provisions of this subpart apply to goods which are entered for consumption, or withdrawn from warehouse for consumption, into the United States on or after July 1, 2020. The requirements and procedures set forth in this subpart for USMCA drawback are in addition to the general definitions, requirements, and procedures for all drawback claims set forth in part 190 of this chapter, unless otherwise specifically provided in this subpart. Also, the requirements and procedures set forth in this subpart for USMCA duty-deferral programs are in addition to the requirements and procedures for manipulation, manufacturing, and smelting and refining warehouses contained in part 19 and part 144 of this chapter, for foreign trade zones under part 146 of this chapter, and for temporary importations under bond contained in part 10 of this chapter. ■ 37. Add § 182.42 to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 182.42 Duties and fees not subject to drawback. The following duties or fees which may be applicable to a good entered for consumption or withdrawn from warehouse for consumption in the Customs territory of the United States are not subject to drawback under this subpart: (a) Antidumping and countervailing duties; (b) A premium offered or collected on a good with respect to quantitative import restrictions, tariff-rate quotas or tariff preference levels; and (c) Customs duties paid or owed under unused merchandise substitution drawback. There will be no payment of such drawback under 19 U.S.C. VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 1313(j)(2) on goods exported to Canada or Mexico. ■ 38. Add § 182.43 to read as follows: § 182.43 Eligible goods subject to USMCA drawback. Except as otherwise provided in this subpart, drawback is authorized for an imported good that is entered for consumption and is: (a) Subsequently exported to Canada or Mexico (see 19 U.S.C. 1313(j)(1)); (b) Used as a material in the production of another good that is subsequently exported to Canada or Mexico (see 19 U.S.C. 1313(a)); or (c) Substituted by a good of the same kind and quality as defined in § 182.44(d) and used as a material in the production of another good that is subsequently exported to Canada or Mexico (see 19 U.S.C. 1313(b)). ■ 39. Add § 182.44 to read as follows: § 182.44 Calculation of drawback. (a) General. Except in the case of goods specified in § 182.45, drawback of the duties previously paid upon importation of a good into the United States may be granted by the United States, upon presentation of a USMCA drawback claim under this subpart, on the lower amount of: (1) The total duties paid or owed on the good in the United States; or (2) The total amount of duties paid on the exported good upon subsequent importation into Canada or Mexico. (b) Individual relative value and duty comparison principle. For purposes of this section, relative value will be determined, and the comparison between the duties referred to in paragraph (a)(1) of this section and the duties referred to in paragraph (a)(2) of this section will be made, separately with reference to each individual exported good, including where two components or materials are used to produce one exported good or one component or material is divided among multiple exported goods. (c) Direct identification manufacturing drawback under 19 U.S.C. 1313(a). Upon presentation of the USMCA drawback claim under 19 U.S.C. 1313(a), in which the amount of drawback payable is based on the lesser amount of the customs duties paid on the good either to the United States or to Canada or Mexico, the amount of drawback refunded may not exceed 99 percent of the duty paid on such imported merchandise into the United States. (d) Substitution manufacturing drawback under 19 U.S.C. 1313(b). Upon presentation of a USMCA drawback claim under 19 U.S.C. PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 35587 1313(b), on which the amount of drawback payable is based on the lesser amount of the customs duties paid on the good either to the United States or to Canada or Mexico, the amount of drawback is the same as that which would have been allowed had the substituted merchandise used in manufacture been itself imported. (1) General. For purposes of drawback under this subpart, the term ‘‘same kind and quality’’ has the same meaning as the 8-digit HTSUS substitution standard established in 19 U.S.C. 1313(b)(1) (see §§ 190.2 and 190.22(a)(1)(i) of this chapter). (2) Special rule for sought chemical elements. For purposes of drawback under this subpart, for sought chemical elements, the term ‘‘same kind and quality’’ has the same meaning as the 8digit HTSUS substitution standard established in 19 U.S.C. 1313(b)(4) (see § 190.22(a)(2) of this chapter). (e) Meats cured with imported salt. Meats, whether packed or smoked, which have been cured with imported salt may be eligible for drawback in aggregate amounts of not less than $100 in duties paid on the imported salt upon exportation of the meats to Canada or Mexico (see 19 U.S.C. 1313(f)). (f) Jet aircraft engines. A foreign-built jet aircraft engine that has been overhauled, repaired, rebuilt, or reconditioned in the United States with the use of imported merchandise, including parts, may be eligible for drawback of duties paid on the imported merchandise in aggregate amounts of not less than $100 upon exportation of the engine to Canada or Mexico (19 U.S.C. 1313(h)). (g) Unused goods under 19 U.S.C. 1313(j)(1) that have changed in condition. An imported good that is unused in the United States under 19 U.S.C. 1313(j)(1) and that is shipped to Canada or Mexico not in the same condition within the meaning of § 182.45(b)(1) may be eligible for drawback under this section except when the shipment to Canada or Mexico does not constitute an exportation under 19 U.S.C. 1313(j)(4). ■ 40. Add § 182.45 to read as follows: § 182.45 Goods eligible for full drawback. (a) Goods originating in Canada or Mexico. A Canadian or Mexican originating good that is dutiable and is imported into the United States is eligible for drawback without regard to the limitation on drawback set forth in § 182.44 if that good is originating under the rules of origin set out in General Note 11, HTSUS, and Appendix A of this part, and is: E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 35588 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations (1) Subsequently exported to Canada or Mexico; (2) Used as a material in the production of another good that is subsequently exported to Canada or Mexico; or (3) Substituted by a good of the same 8-digit HTSUS subheading number and used as a material in the production of another good that is subsequently exported to Canada or Mexico. (b) Claims under 19 U.S.C 1313(j)(1) for goods in same condition. A good imported into the United States and subsequently exported to Canada or Mexico in the same condition is eligible for drawback under 19 U.S.C. 1313(j)(1) without regard to the limitation on drawback set forth in § 182.44 . (1) Same condition defined. For purposes of this subpart, a reference to a good in the ‘‘same condition’’ includes a good that has been subjected to any of the following operations provided that no such operation materially alters the characteristics of the good: (i) Mere dilution with water or another substance; (ii) Cleaning, including removal of rust, grease, paint or other coatings; (iii) Application of preservative, including lubricants, protective encapsulation, or preservation paint; (iv) Trimming, filing, slitting or cutting; (v) Putting up in measured doses, or packing, repacking, packaging or repackaging; or (vi) Testing, marking, labelling, sorting, grading, or inspecting a good. (2) Commingling of fungible goods— (i) General—(A) Inventory of other than all non-originating goods. Commingling of fungible originating and nonoriginating goods in inventory is permissible provided that the origin of the goods and the identification of entries for designation for same condition drawback are on the basis of an approved inventory management method set forth in the Appendix A to this part (see 19 CFR 102.1). (B) Inventory of the non-originating goods. If all goods in a particular inventory are non-originating goods, identification of entries for designation for same condition drawback must be on the basis of one of the accounting methods in § 190.14 of this chapter, as appropriate. (ii) Exception. Agricultural goods imported from Mexico may not be commingled with fungible agricultural goods in the United States for purposes of same condition drawback under this subpart. (c) Goods not conforming to sample or specifications or shipped without VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 consent of consignee under 19 U.S.C. 1313(c). An imported good exported to Canada or Mexico by reason of failure of the good to conform to sample or specification or by reason of shipment of the good without the consent of the consignee is eligible for drawback under 19 U.S.C. 1313(c) without regard to the limitation on drawback set forth in § 182.44. Such a good must be exported or destroyed within the statutory 5-year time period and in compliance with the requirements set forth in subpart D of part 190 of this chapter, as applicable. (d) Certain goods exported to Canada or Mexico. A good provided for in U.S. tariff items 1701.13.20 or 1701.14.20 that is imported into the Customs territory of the United States under any re-export or like program that is used as a material, or substituted for by a good of the same kind and quality that is used as a material, in the production of a good provided for in Canadian tariff item 1701.99.00 or Mexican tariff items 1701.99.01, 1701.99.02, and 1701.99.99 (relating to refined sugar), is eligible for drawback without regard to the limitation on drawback set forth in § 182.44. Same kind and quality for purposes of this subsection means that the imported good and the substituted good must be capable of being used interchangeably in the manufacture or production of the exported or destroyed articles with no substantial change in the manufacturing or production process. (e) Certain goods exported to Canada. Goods identified in Article 2.5.6(g) of the USMCA and in 19 U.S.C. 4534(a)(7) and (8), if exported to Canada, are eligible for drawback without regard to the limitations on drawback set forth in § 182.44. (f) Certain goods that are exported or deemed exported. Goods that are delivered: (1) To a duty-free shop, (2) For ship’s stores or supplies for ships or aircrafts, or (3) For the use in a project undertaken jointly by the United States and a USMCA country, and destined to become the property of the United States, are eligible upon exportation for drawback without regard to the limitations on drawback set forth in § 182.44. ■ 41. Add § 182.46 to read as follows: § 182.46 Filing of drawback claim. (a) Time of filing. A drawback claim under this subpart must be filed within 5 years after the date of importation of the goods on which drawback is claimed. No extension will be granted unless it is established that a CBP official was responsible for the untimely PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 filing. Drawback will be allowed only if the completed good is exported within 5 years after importation of the merchandise identified or designated to support the claim. (b) Method of filing. A drawback claim must be filed electronically through a CBP-authorized electronic system (see § 190.51 of this chapter). ■ 42. Add § 182.47 to read as follows: § 182.47 Completion of claim for drawback. (a) General. A claim for drawback will be granted, upon the submission of appropriate documentation to substantiate compliance with the drawback laws and regulations of the United States, evidence of exportation to Canada or Mexico, and satisfactory evidence of the payment of duties to Canada or Mexico. Unless otherwise provided in this subpart, the documentation, filing procedures, time and place requirements and other applicable procedures required to determine whether a good qualifies for drawback must be in accordance with the provisions of part 190 of this chapter, as appropriate; however, a drawback claim subject to the provisions of this subpart must be filed separately from any part 190 drawback claim (that is, a claim that involves goods exported to countries other than Canada or Mexico). Claims inappropriately filed or otherwise not completed within the periods specified in § 182.46 will be considered abandoned. (b) Complete drawback claim—(1) General. A complete drawback claim under this subpart must consist of the filing of the appropriate completed drawback entry, evidence of exportation (a copy of the Canadian or Mexican customs entry showing the amount of duty paid to Canada or Mexico) and its supporting documents, and a certification from the Canadian or Mexican importer as to the amount of duties paid. Each drawback entry filed under this subpart must be filed using the indicator ‘‘USMCA Drawback’’. (2) Specific claims. The following documentation, for the drawback claims specified below, must be submitted to CBP in order for a drawback claim to be processed under this subpart. Missing documentation or incorrect or incomplete information on required customs forms or supporting documentation will result in an incomplete drawback claim. (i) Manufacturing drawback claim. The following must be submitted in connection with a claim for direct identification manufacturing drawback E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations or substitution manufacturing drawback: (A) A completed CBP Form 331, or its electronic equivalent, to establish the manufacture of goods made with imported merchandise and, if applicable, the identity of substituted domestic, duty-paid or duty-free merchandise, and including the tariff classification number of the imported merchandise; (B) CBP Form 7501, or its electronic equivalent, or the import entry number; (C) [Reserved] (D) Evidence of exportation and satisfactory evidence of the payment of duties in Canada or Mexico, as provided in paragraph (c) of this section; (E) Waiver of right to drawback. If the person exporting to Canada or Mexico was not the importer or the manufacturer, written waivers executed by the importer or manufacturer and by any intervening person to whom the good was transferred must be submitted in order for the claim to be considered complete; and (F) An affidavit of the party claiming drawback stating that no other drawback claim has been made on the designated goods, that such party has not provided an exporter’s certification of origin pertaining to the exported goods to another party except as stated on the drawback claim, and that the party agrees to notify CBP if the party subsequently provides such an exporter’s certification of origin to any person. (ii) Same condition drawback claim under 19 U.S.C. 1313(j)(1). The following must be submitted in connection with a drawback claim covering a good in the same condition: (A) The foreign entry number and date of entry, the HTSUS classification for the foreign entry, the amount of duties paid for the foreign entry and the applicable exchange rate, and, if applicable, a certification from the claimant that provides as follows: ‘‘Same condition—The undersigned certifies that the merchandise herein described is in the same condition as when it was imported under the above import entry(s) and further certifies that this merchandise was not subjected to any process of manufacture or other operation except the allowable operations as provided for by regulation.’’; (B) Information sufficient to trace the movement of the imported goods after importation; (C) In-bond application submitted pursuant to part 18 of this chapter, if applicable. This is required for merchandise which is examined at one port but exported through border points VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 outside of that port. Such goods must travel in bond from the location where they were examined to the point of the border crossing (exportation). If examination is waived, in-bond transportation is not required; (D) Notification of intent to export or waiver of prior notice. CBP must be notified at least 5 business days in advance of the intended date of exportation in order to have the opportunity to examine the goods (see § 190.35 of this chapter); (E) Evidence of exportation. Acceptable documentary evidence of exportation to Canada or Mexico may include originals or copies of any of the following documents that are issued by the exporting carrier: bill of lading, air waybill, freight waybill, export ocean bill of lading, Canadian customs manifest, and cargo manifest. Supporting documentary evidence must establish fully the time and fact of exportation, the identity of the exporter, and the identity and location of the ultimate consignee of the exported goods; (F) Waiver of right to drawback. If the party exporting to Canada or Mexico was not the importer, a written waiver from the importer and from each intermediate person to whom the goods were transferred is required in order for the claim to be considered complete; and (G) An affidavit of the party claiming drawback stating that no other drawback claim has been made on the designated goods. (iii) Nonconforming or improperly shipped goods drawback claim. The following must be submitted in the case of goods not conforming to sample or specifications, or shipped without the consent of the consignee and subject to a drawback claim under 19 U.S.C. 1313(c): (A) Customs Form 7501, or its electronic equivalent, to establish the fact of importation, the receipt of the imported goods, and the identity of the party to whom drawback is payable (see § 182.48(b)); (B) [Reserved] (C) CBP Form 7512, or its electronic equivalent, if applicable; (D) Notification of intent to export or waiver of prior notice. CBP must be notified at least 5 business days in advance of the intended date of exportation in order to have the opportunity to examine the goods (see § 190.42 of this chapter); and (E) Evidence of exportation, as provided in paragraph (b)(2)(ii)(E) of this section. (iv) Meats cured with imported salt. The provisions of paragraph (b)(2)(i) of PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 35589 this section relating to direct identification manufacturing drawback will apply to claims for drawback on meats cured with imported salt filed under this subpart insofar as applicable to and not inconsistent with the provisions of this subpart, and the forms referred to in that paragraph must be modified to show that the claim is being made for refund of duties paid on salt used in curing meats. (v) Jet aircraft engines. The provisions of paragraph (b)(2)(i) of this section relating to direct identification manufacturing drawback will apply to claims for drawback on foreign-built jet aircraft engines repaired or reconditioned in the United States filed under this subpart insofar as applicable to and not inconsistent with the provisions of this subpart and the provisions of subpart N of part 190 of this chapter. (c) [Reserved] ■ 43. Add § 182.49 to read as follows: § 182.49 Retention of records. All records required to be kept by the exporter, importer, manufacturer or producer under this subpart with respect to manufacturing drawback claims, and all records kept by others which complement the records of the importer, exporter, manufacturer or producer, including any person who transfers or enables another person to make or perfect a drawback claim, must be retained for at least three years from the date of liquidation of such claims or longer period if required by law (see §§ 190.10, 190.15, 190.38, and 190.175(c) of this chapter). ■ 44. Add § 182.50 to read as follows: § 182.50 Liquidation and payment of drawback claims. (a) General. When the drawback claim has been fully completed by the filing of all required documents, and exportation of the articles has been established and the amount of duties paid to Canada or Mexico has been established, the entry will be liquidated to determine the proper amount of drawback due either in accordance with the limitation on drawback set forth in § 182.44 of this subpart or in accordance with the regular drawback calculation. The liquidation procedures of subpart H of part 190 of this chapter, as appropriate, will control for purposes of this subpart. (b) [Reserved] (c) Accelerated payment. Accelerated drawback payment procedures will apply as set forth in § 190.92 of this chapter, as appropriate. However, a person who receives drawback of duties under this procedure must repay the E:\FR\FM\06JYR2.SGM 06JYR2 35590 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations duties paid if a USMCA drawback claim is adversely affected thereafter by administrative or court action. ■ 45. Add § 182.51 to read as follows: § 182.51 Prevention of improper payment of claims. (a) Double payment of claim. The drawback claimant must certify to CBP that the claimant has not earlier received payment on the same import entry for the same designation of goods. If, notwithstanding such a certification, such an earlier payment was in fact made to the claimant, the claimant must repay any amount paid on the second claim. (b) Preparation of Certification of Origin. The drawback claimant must, within 30 calendar days after the filing of the drawback claim under this subpart, submit to CBP a written statement as to whether the claimant has prepared, or has knowledge that another person has prepared, a certification of origin provided for under § 182.12 and pertaining to the goods which are covered by the claim. If, following such 30-day period, the claimant prepares, or otherwise learns of the existence of, any such certification of origin, the claimant must, within 30 calendar days thereafter, disclose that fact to CBP. ■ 46. Add § 182.52 to read as follows: § 182.52 Subsequent claims for preferential tariff treatment. If a claim for a refund of duties is allowed by the Canadian or Mexican customs administration under Article 5.11 of the USMCA (post-importation claim) or under any other circumstance after drawback has been granted under this subpart, the appropriate CBP official must reliquidate the drawback claim and obtain a refund of the amount paid in drawback in excess of the amount permitted to be paid under § 182.44. ■ 47. Add § 182.54 to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 182.54 Verification of claim for drawback, waiver or reduction of duties. The allowance of a claim for drawback, waiver or reduction of duties submitted under this subpart is subject to such verification, including verification with the Canadian or Mexican customs administration, of any documentation obtained in Canada or Mexico and submitted in connection with the claim, as CBP may deem necessary. Subpart G—Origin Verifications and Determinations ■ 48. Add § 182.71 to read as follows: VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 § 182.71 Applicability. This subpart contains the general origin verification and determination provisions applicable to goods claiming preferential tariff treatment under § 182.11(b) or § 182.32. ■ 49. Add § 182.72 to read as follows: § 182.72 Verification of claim for preferential tariff treatment. (a) Verification. A claim for preferential tariff treatment made under § 182.11(b) or 182.32, including any statements or other information submitted to CBP in support of the claim, will be subject to such verification as CBP deems necessary. CBP may initiate the verification of goods imported into the United States under the USMCA with the importer, or with the exporter or producer who completed the certification of origin. A verification of a claim for preferential tariff treatment under the USMCA may be conducted by means of one or more of the following: (1) Requests for information or questionnaires, including a request for documents, to the importer, exporter, or producer; (2) Verification visits to the premises of the exporter or producer in Mexico or Canada in order to request information, including documents, and to observe production processes and facilities; and (3) Any other procedure to which the USMCA countries may agree. (b) Verification of a material. When conducting a verification of a good imported into the United States, CBP may conduct a verification of the material that is used in the production of that good. A verification of a material producer may be conducted pursuant to any of the verification means set forth in paragraph (a) of this section. With the exception of §§ 182.73(c) and 182.75, the provisions in this subpart also apply to the verification of a material and references to the term ‘‘producer’’ apply to a producer of a good or to a material producer. (c) Sending information directly to CBP. During a verification, CBP will accept information, including documents, directly from an importer, exporter, or producer. (d) Applicable accounting principles. When conducting a verification to which Generally Accepted Accounting Principles or an otherwise accepted inventory method may be relevant, CBP will apply and accept the Generally Accepted Accounting Principles applicable in the USMCA country in which the production is performed or from which the good is exported, as appropriate, or an otherwise accepted inventory management method as PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 provided for in Appendix A of this part. If information, including documents, books and records, were not maintained accordingly, CBP will provide the importer, exporter or producer 30 days to record costs in accordance with Appendix A of this part. ■ 50. Add § 182.73 to read as follows: § 182.73 Notification and response procedures. (a) Requests for information and questionnaires. When conducting a verification through a request for information or a questionnaire as provided for in § 182.72(a)(1), CBP will send the importer, exporter or producer a written request for information, a written questionnaire, or its electronic equivalent, including a request for specific documentation to support the claim for preferential tariff treatment. (1) Contents. The written request for information, written questionnaire, or its electronic equivalent will contain the following: (i) The objective and scope of the verification, including the specific issue that the verification is seeking to resolve; and (ii) Sufficient information to identify the good or material that is the subject of the verification. (2) Availability of records—(i) Verification of a good. The importer, exporter, or producer must make the records, which are required to be maintained to demonstrate that the good qualifies for preferential tariff treatment under the USMCA, available for inspection by a CBP official conducting a verification. CBP may deny the claim for preferential tariff treatment of the good for failure to maintain the required records or if a CBP official is denied access to the records. (ii) Verification of a material. During the verification of a material, any records in the material producer’s possession demonstrating that the material qualifies as originating must be made available for inspection by a CBP official conducting a verification. CBP may consider the material that is used in the production of the good and is the subject of the verification to be nonoriginating material if a CBP official is denied access to these records. (b) Notification of a verification visit. Prior to conducting a verification visit in Canada or Mexico, CBP will provide the exporter or producer, using one of the communication means specified in paragraph (d)(2) of this section, with a notification stating the intent to conduct a verification visit and containing the following: (1) The objective and scope of the verification, including the specific issue E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations that the verification is seeking to resolve; (2) Sufficient information to identify the good or material that is the subject of the verification; (3) A request for the written consent of the exporter or producer whose premises are going to be visited; (4) The legal authority for the visit; (5) The proposed date and location of the visit; (6) The specific purpose of the visit; and (7) The names and titles of the U.S. officials conducting the visit. (c) Importer notification. When CBP initiates a verification by sending a request for information or questionnaire under paragraph (a) of this section to an exporter or producer or by sending a notification of a verification visit under paragraph (b) of this section, CBP will notify the importer claiming preferential tariff treatment of the good that CBP has initiated a verification of that good, subject to the confidentiality provisions in § 182.2. (d) Means of communications. (1) For purposes of a verification, it is sufficient for CBP to use the contact information provided in the certification of origin for any communication sent to the importer, exporter, or producer. (2) For purposes of a verification, CBP will send all communication to the exporter or producer by any means that can produce a confirmation of receipt including: (i) Electronic mail; (ii) International courier services; (iii) Certified or registered mail services; or (iv) A CBP-authorized electronic data interchange system. (e) Time periods. Any time periods specified in this subpart begin from the date of confirmation of receipt, provided for in paragraph (d)(2) of this section, when sending communication to the exporter or producer, and begin from the date the communication is sent when sending communication to the importer. (f) Response time for a request for information, a questionnaire, and a notification of a verification visit—(1) Request for information and questionnaire. When CBP sends a request for information or a questionnaire, the importer, exporter, or producer will have 30 days from the date specified in paragraph (e) of this section to respond and provide the requested documentation. CBP may deny the claim for preferential tariff treatment of the good, or consider the material that is used in the production of the good to be non-originating material, for failure to respond to the VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 request for information subject to the conditions in § 182.75(c)(1), or for failure to respond to the questionnaire. (2) Notification of a verification visit. When CBP sends a notification of a verification visit, the exporter or producer will have 30 days from the date specified in paragraph (e) of this section to consent to or deny the verification visit. CBP may deny the claim for preferential tariff treatment of the good, or consider the material that is used in the production of the good to be non-originating material, for failure to provide consent for a verification visit within the 30-day response period, unless a postponement is requested in accordance with § 182.74(b). ■ 51. Add § 182.74 to read as follows: § 182.74 Verification visit procedures. (a) Written consent required. Prior to conducting a verification visit in Canada or Mexico, CBP must obtain the written consent of the exporter or producer whose premises are to be visited. The exporter or producer must submit this written consent, requested in the notification of a verification visit under § 182.73(b)(3), to CBP through one of the communication means specified in § 182.73(d)(2), within the time period provided in § 182.73(f)(2), unless a postponement is requested in accordance with paragraph (b) of this section. (b) Postponement of a verification visit—(1) Request for postponement by an exporter or producer. Within 15 days of confirmed receipt of the notification of a verification visit, the exporter or producer may, on a single occasion, using one of the communication means specified in § 182.73(d)(2), request the postponement of the verification visit for a period not to exceed 30 days from the proposed date of the visit. (2) Notification of a postponement. CBP will notify the exporter or producer when a postponement request under paragraph (b)(1) of this section is received and will provide the new date of the verification visit. The Mexican or Canadian customs administration where the verification visit will occur may also, within 15 days of confirmed receipt of the notification of a verification visit, postpone the verification visit for a period not to exceed 60 days from the proposed date of the visit or for a longer period as CBP and the Mexican or Canadian customs administration may decide. CBP will notify the exporter or producer if the verification visit is postponed at the request of the Mexican or Canadian customs administration. (c) Availability of records—(1) Verification of a good. The exporter or PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 35591 producer must make the records, which are required to be maintained to demonstrate that the good qualifies for preferential tariff treatment under the USMCA, available for inspection by a CBP official conducting a verification and provide facilities for that inspection during the verification visit. CBP may deny the claim for preferential tariff treatment of the good for failure to maintain these records or if a CBP official is denied access to these records. (2) Verification of a material. During the verification of a material, any records in the material producer’s possession demonstrating that the material qualifies as originating must be made available for inspection by a CBP official conducting a verification. CBP may consider the material that is the used in the production of the good and is the subject of the verification visit to be non-originating material if a CBP official is denied access to these records. (d) Observers. The exporter or producer may designate up to two observers to be present during the verification visit, if the exporter or producer chooses, provided that: (1) The observers do not participate in a manner other than as observers; (2) The failure of the exporter or producer to designate observers does not result in the postponement of the visit; and (3) The exporter or producer identifies to CBP any observers designated to be present during the visit. ■ 52. Add § 182.75 to subpart G to read as follows: § 182.75 Determinations of origin. (a) Contents. For verifications initiated under this part, CBP will issue a determination of origin that sets forth: (1) A description of the good that was the subject of the verification; (2) A statement setting forth the findings of facts made in connection with the verification and upon which the determination is based; and (3) The legal basis for the determination. (b) Parties who will receive a determination of origin. CBP will issue the determination of origin to the importer, and to the exporter or producer who is subject to the verification and either completed the certification of origin or provided information directly to CBP during the verification, subject to the confidentiality provisions in § 182.2, within 120 days (or in exceptional cases and upon notification to the parties, within 210 days) after CBP has determined that it has received all the information necessary to issue a determination of origin, including any E:\FR\FM\06JYR2.SGM 06JYR2 jbell on DSKJLSW7X2PROD with RULES2 35592 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations information necessary from the exporter or producer. (c) Negative determinations—(1) When a request for information must be sent to the exporter or producer prior to issuing a negative determination. If a claim for preferential tariff treatment is based on a certification of origin completed by the exporter or producer, and, in response to a request for information, the importer does not provide CBP with sufficient information to verify or substantiate the claim, CBP will send a written request for information or its electronic equivalent to the exporter or producer that completed the certification of origin, subject to the confidentiality provisions in § 182.2, prior to issuing a negative determination. (2) Denial of preferential tariff treatment. CBP may deny the claim for preferential tariff treatment if: (i) The certification of origin is not submitted to CBP upon request as required pursuant to § 182.12(a); (ii) The claim or certification of origin is invalid or based on inaccurate information and is not corrected within the required time period pursuant to § 182.11(c); (iii) CBP determines that the importer, exporter, or producer failed to provide sufficient information to substantiate the claim; (iv) CBP determines that the good does not qualify for preferential tariff treatment, including failing to meet the rules of origin requirements in General Note 11, HTSUS, and Appendix A to this part; (v) The importer, exporter, or producer fails to respond to the request for information pursuant to § 182.73(f)(1) subject to the conditions in § 182.75(c)(1); (vi) The importer, exporter, or producer fails to respond to the questionnaire pursuant to § 182.73(f)(1); (vii) The exporter or producer fails to consent to a verification visit pursuant to § 182.74; (viii) The importer, exporter, or producer fails to maintain records demonstrating that the good qualifies for preferential tariff treatment as required pursuant to this part; (ix) The importer, exporter, or producer denies access, as requested by CBP, to records or documentation that are in its possession or required to be maintained pursuant to this part; (x) The exporter or producer denies access to records or documentation that are in its possession or required to be maintained, or to facilities during a verification visit as required pursuant to this part; VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 (xi) CBP finds a pattern of conduct pursuant to § 182.76; or (xii) CBP determines that any other reason to deny a claim for preferential tariff treatment as set forth in this part applies (3) Intent to deny. Prior to issuing a negative determination, CBP will inform the importer, and the exporter or producer who is subject to the verification and either completed the certification of origin or provided information directly to CBP during the verification, of CBP’s intent to deny preferential tariff treatment, subject to the confidentiality provisions in § 182.2. This intent to deny will contain the preliminary results of the verification, the effective date of the denial of preferential tariff treatment, and a notice to the importer, exporter, or producer that CBP will provide 30 days to submit additional information, including documents, related to the preferential tariff treatment of the good. (4) Issuance of a negative determination of origin. CBP will issue a negative determination of origin to the parties specified in paragraph (b) of this section if CBP determines, at least 30 days after receipt by the importer, exporter, or producer of the intent to deny issued pursuant to paragraph (c)(3) of this section, that one or more of the reasons for denial of preferential tariff treatment under paragraph (c)(2) of this section continues to apply. In addition to the contents of the determination set forth in paragraph (a) of this section, unless CBP determines that there is a pattern of conduct of false or unsupported representations pursuant to § 182.76, a negative determination of origin will provide the exporter or producer with the information necessary to file a protest as provided for in 19 U.S.C. 1514(e) and part 174 of this chapter. ■ 53. Add § 182.76 to subpart G to read as follows: § 182.76 Repeated false or unsupported preference claims. Where the verification reveals a pattern of conduct by the importer, exporter, or producer of false or unsupported representations relevant to a claim that a good imported into the United States qualifies for preferential tariff treatment under the USMCA, CBP may withhold preferential tariff treatment under the USMCA for entries of identical goods covered by subsequent statements, declarations, or certifications by that importer, exporter, or producer until CBP determines that representations of that person are in conformity with this part and with General Note 11, HTSUS. PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 54. Revise subpart J consisting of §§ 182.111 through 182.112 to read as follows: ■ Subpart J—Commercial Samples and Goods Returned after Repair or Alteration Sec. 182.111 Commercial samples of negligible value. 182.112 Goods re-entered after repair or alteration in Canada or Mexico. § 182.111 Commercial samples of negligible value. (a) General. Commercial samples of negligible value imported from Canada or Mexico may qualify for duty-free entry under subheading 9811.00.60, HTSUS. For purposes of this section, ‘‘commercial samples of negligible value’’ means commercial samples which have a value, individually or in the aggregate as shipped, of not more than one U.S. dollar, or the equivalent amount in the currency of Canada or Mexico, or which are so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples. (b) Qualification for duty-free entry. Commercial samples of negligible value imported from Canada or Mexico will qualify for duty-free entry under subheading 9811.00.60, HTSUS, only if: (1) The samples are imported solely for the purpose of soliciting orders for foreign goods or services; and (2) If valued over one U.S. dollar, the samples are properly marked, torn, perforated or otherwise treated prior to arrival in the United States so that they are unsuitable for sale or for use except as commercial samples. § 182.112 Goods re-entered after repair or alteration in Canada or Mexico. (a) General. This section sets forth the rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Canada or Mexico as provided for in subheadings 9802.00.40 and 9802.00.50, HTSUS. Goods returned after having been repaired or altered in Canada or Mexico, regardless of whether the repair or alteration could be performed in the United States or has increased the value of the good and regardless of their origin, are eligible for duty-free treatment, provided that the requirements of this section are met. For purposes of this section, ‘‘repairs or alterations’’ means restoration, addition, renovation, re-dyeing, cleaning, resterilizing, or other treatment that does not destroy the essential characteristics of, or create a new or commercially E:\FR\FM\06JYR2.SGM 06JYR2 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations different good from, the good exported from the United States. (b) Goods not eligible for duty-free treatment after repair or alteration. The duty-free treatment referred to in paragraph (a) of this section will not apply to goods that: (1) In their condition, as exported from the United States to Canada or Mexico, are incomplete for their intended use and for which the processing operation performed in Canada or Mexico constitutes an operation that is performed as a matter of course in the preparation or manufacture of finished goods; or (2) Are imported under a dutydeferral program that are exported for repair or alteration and are not reimported under a duty-deferral program. (c) Documentation. The provisions of § 10.8(a), (b), and (c) of this chapter, relating to the documentary requirements for goods entered under subheading 9802.00.40 or 9802.00.50, HTSUS, will apply in connection with the entry of goods which are returned from Canada or Mexico after having been exported for repairs or alterations and which are claimed to be duty-free. ■ 55. Revise subpart K consisting of §§ 182.121 through 182.124 to read as follows: Subpart K—Penalties Sec. 182.121 General. 182.122 Corrected claim or certification of origin by importers 182.123 Corrected certification of origin by U.S. exporters or producers 182.124 Framework for correcting claims or certifications of origin § 182.121 General. Except as otherwise provided in this subpart, all criminal, civil, or administrative penalties which may be imposed on U.S. importers, exporters, and producers for violations of the customs and related U.S. laws and regulations will also apply to U.S. importers, exporters, and producers for violations of the U.S. laws and regulations relating to the USMCA. jbell on DSKJLSW7X2PROD with RULES2 § 182.122 Corrected claim or certification of origin by importers. An importer who makes a corrected claim under § 182.11(c) will not be subject to civil or administrative penalties under 19 U.S.C. 1592 for having made an incorrect claim or having submitted an incorrect certification of origin, provided that the corrected claim is promptly and voluntarily made in accordance with § 182.124. VerDate Sep<11>2014 18:05 Jul 02, 2021 Jkt 253001 § 182.123 Corrected certification of origin by U.S. exporters or producers. Civil or administrative penalties provided for under 19 U.S.C. 1592 will not be imposed on an exporter or producer who completed a certification of origin for a good exported from the United States to Canada or Mexico when the exporter or producer promptly and voluntarily provides written notification pursuant to §§ 182.21(b) and 182.124 with respect to the making of an incorrect certification of origin. § 182.124 Framework for correcting claims or certifications of origin. (a) ‘‘Promptly and voluntarily’’ defined. Except as provided for in paragraph (b) of this section, for purposes of this part, the making of a corrected claim or certification of origin by an importer or the providing of written notification of an incorrect certification of origin by an exporter or producer will be deemed to have been done promptly and voluntarily if: (1)(i) Done before the commencement of a formal investigation, within the meaning of § 162.74(g) of this chapter; or (ii) Done before any of the events specified in § 162.74(i) of this chapter has occurred; or (iii) Done within 30 days after the importer, exporter, or producer initially becomes aware that the claim or certification is incorrect; and (2) Accompanied by a statement setting forth the information specified in paragraph (c) of this section; and (3) In the case of a corrected claim or certification of origin by an importer, accompanied or followed by a tender of any actual loss of duties and merchandise processing fees, if applicable, in accordance with paragraph (d) of this section. (b) Exception in cases involving fraud or subsequent incorrect claims—(1) Fraud. Notwithstanding paragraph (a) of this section, a person who acted fraudulently in making an incorrect claim or certification of origin may not make a voluntary correction of that claim or certification of origin. For purposes of this paragraph, the term ‘‘fraud’’ will have the meaning set forth in paragraph (C)(3) of Appendix B to part 171 of this chapter. (2) Subsequent incorrect claims. An importer who makes one or more incorrect claims after becoming aware that a claim involving the same merchandise and circumstances is invalid may not make a voluntary correction of the subsequent claims pursuant to paragraph (a) of this section. (c) Statement. For purposes of this part, each corrected claim or PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 35593 certification of origin must be accompanied by a statement, submitted in writing or via a CBP-authorized electronic data interchange system, which: (1) Identifies the class or kind of good to which the incorrect claim or certification of origin relates; (2) In the case of a corrected claim or certification of origin by an importer, identifies each affected import transaction, including each port of importation and the approximate date of each importation; (3) In the case of a written notification of an incorrect certification of origin by an exporter or producer, identifies each affected export transaction, including each port of exportation and the approximate date of each exportation. A producer who provides written notification that certain information in a certification of origin is incorrect and who is unable to identify the specific export transactions under this paragraph must provide as much information concerning those transactions as the producer, by the exercise of good faith and due diligence, is able to obtain; (4) Specifies the nature of the incorrect statements or omissions regarding the claim or certification of origin; and (5) Sets forth, to the best of the person’s knowledge, the true and accurate information or data which should have been covered by or provided in the claim or certification of origin, and states that the person will provide any additional information or data which is unknown at the time of making the corrected claim or certification of origin within 30 days or within any extension of that 30-day period as CBP may permit in order for the person to obtain the information or data. (d) Tender of actual loss of duties. A U.S. importer who makes a corrected claim must tender any actual loss of duties at the time of making the corrected claim, or within 30 days thereafter, or within any extension of that 30-day period as CBP may allow in order for the importer to obtain the information or data necessary to calculate the duties owed. PART 190—MODERNIZED DRAWBACK 56. The general and specific authority citations for part 190 continue to read as follows: ■ Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1313, 1624; §§ 190.2, 190.10, 190.15, 190.23, 190.38, 190.51 issued under 19 U.S.C. 1508; * E:\FR\FM\06JYR2.SGM * * 06JYR2 * * 35594 § 190.0 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations [Amended] 57. Amend § 190.0 by adding the phrase ‘‘, and provisions relating to the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) are contained in subpart E of part 182 of this chapter’’ after the words ‘‘part 181 of this chapter’’. ■ § 190.0a [Amended] 58. Amend § 190.0a as follows: ■ a. Add the words ‘‘and USMCA’’ after the term ‘‘NAFTA’’ in the paragraph heading; jbell on DSKJLSW7X2PROD with RULES2 ■ VerDate Sep<11>2014 18:05 Jul 02, 2021 b. Add the words ‘‘or part 182’’ after the number ‘‘181’’. ■ Jkt 253001 § 190.51 [Amended] 59. Amend § 190.51(a)(2)(xv) as follows: ■ a. Add the words ‘‘and USMCA’’ after the words ‘‘For NAFTA’’; ■ b. Remove the words ‘‘part 181’’ and add in their place the words ‘‘parts 181 and 182’’; ■ c. Remove the words ‘‘to NAFTA countries’’. Troy A. Miller, the Senior Official Performing the Duties of the Commissioner, having reviewed and approved this document, is delegating ■ PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 the authority to electronically sign this document to Robert F. Altneu, who is the Director of the Regulations and Disclosure Law Division for CBP, for purposes of publication in the Federal Register. Robert F. Altneu, Director, Regulations & Disclosure Law Division, Regulations & Rulings, Office of Trade, U.S. Customs and Border Protection. Approved: Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2021–14264 Filed 7–1–21; 11:15 am] BILLING CODE 9111–14–P E:\FR\FM\06JYR2.SGM 06JYR2

Agencies

[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35566-35594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14264]



[[Page 35565]]

Vol. 86

Tuesday,

No. 126

July 6, 2021

Part II





Department of Homeland Security





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U.S. Customs and Border Protection





Department of the Treasury





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19 CFR Parts 10, 102, 132, et al.





Agreement Between the United States of America, the United Mexican 
States, and Canada (USMCA) Implementing Regulations Related to the 
Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions; Interim 
Final Rule

Federal Register / Vol. 86 , No. 126 / Tuesday, July 6, 2021 / Rules 
and Regulations

[[Page 35566]]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 10, 102, 132, 134, 163, 182 and 190

[USCBP-2021-0026]
[CBP Dec. 21-10]
RIN 1515-AE56


Agreement Between the United States of America, the United 
Mexican States, and Canada (USMCA) Implementing Regulations Related to 
the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule amends the U.S. Customs and Border 
Protection (CBP) regulations to include implementing regulations for 
the preferential tariff treatment and related customs provisions of the 
Agreement Between the United States of America, the United Mexican 
States, and Canada (USMCA). The USMCA applies to goods from Canada and 
Mexico entered for consumption, or withdrawn from warehouse for 
consumption, on or after July 1, 2020. This document amends the Code of 
Federal Regulations (CFR) to implement the provisions in Chapters 1, 2, 
5, and 7 of the USMCA related to general definitions, confidentiality, 
import requirements, export requirements, post-importation duty refund 
claims, drawback and duty-deferral programs, general verifications and 
determinations of origin, commercial samples, goods re-entered after 
repair or alteration in Canada or Mexico, and penalties. This document 
makes amendments to apply the marking rules in determining the country 
of origin for marking purposes for goods imported from Canada or Mexico 
and for other purposes specified by the USMCA. This document also 
includes amendments to add the sugar-containing products subject to a 
tariff-rate quota under Appendix 2 to Annex 2-B of Chapter 2 of the 
USMCA to the CBP regulations governing the requirement for an export 
certificate, and conforming amendments for the declaration required for 
goods re-entered after repair or alteration in Canada or Mexico, 
recordkeeping provisions, and the modernized drawback provisions. 
Concurrently with this interim final rule, CBP is publishing a notice 
of proposed rulemaking that proposes to apply the rules for all non-
preferential origin determinations made by CBP for goods imported from 
Canada or Mexico. CBP will also issue additional USMCA implementing 
regulations in an interim final rule to be published in the Federal 
Register at a later date.

DATES: Effective date: This interim final rule is effective on July 1, 
2021.
    Comments due date: Comments must be received by September 7, 2021.

ADDRESSES: You may submit comments, identified by docket number USCBP-
2021-0026, by one of the following methods:
     Federal eRulemaking Portal at http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Due to COVID-19-related restrictions, CBP has 
temporarily suspended its ability to receive public comments by mail.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Due to the 
relevant COVID-19-related restrictions, CBP has temporarily suspended 
on-site public inspection of the public comments.

FOR FURTHER INFORMATION CONTACT: 
    Operational Aspects and Audit Aspects: Queena Fan, Director, USMCA 
Center, Office of Trade, U.S. Customs and Border Protection, (202) 738-
8946 or [email protected].
    Legal Aspects: Craig T. Clark, Director, Commercial and Trade 
Facilitation Division, Regulations and Rulings, Office of Trade, U.S. 
Customs and Border Protection, (202) 325-0276 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
interim final rule. U.S. Customs and Border Protection (CBP) also 
invites comments that relate to the economic, environmental, or 
federalism effects that might result from this interim final rule. 
Comments that will provide the most assistance to CBP will reference a 
specific portion of the interim final rule, explain the reason for any 
recommended change, and include data, information or authority that 
support such recommended change.

II. Background

    On November 30, 2018, the ``Protocol Replacing the North American 
Free Trade Agreement with the Agreement Between the United States of 
America, the United Mexican States, and Canada'' (the Protocol) was 
signed to replace the North American Free Trade Agreement (NAFTA). The 
Agreement Between the United States of America, the United Mexican 
States (Mexico), and Canada (the USMCA) \1\ is attached as an annex to 
the Protocol and was subsequently amended to reflect certain 
modifications and technical corrections in the ``Protocol of Amendment 
to the Agreement Between the United States of America, the United 
Mexican States, and Canada'' (the Amended Protocol), which the Office 
of the United States Trade Representative (USTR) signed on December 10, 
2019.
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    \1\ The Agreement Between the United States of America, the 
United Mexican States, and Canada is the official name of the USMCA 
treaty. Please be aware that, in other contexts, the same document 
is also referred to as the United States-Mexico-Canada Agreement.
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    Pursuant to section 106 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 
151 of the Trade Act of 1974 (19 U.S.C. 2191), the United States 
adopted the USMCA through the enactment of the United States-Mexico-
Canada Agreement Implementation Act (USMCA Act), Public Law 116-113, 
134 Stat. 11 (19 U.S.C. Chapter 29), on January 29, 2020. Section 
103(a)(1)(B) of the USMCA Act (19 U.S.C. 4513(b)(1)) provides the 
authority for new or amended regulations to be issued to implement the 
USMCA, as of the date of its entry into force.
    Mexico, Canada, and the United States certified their preparedness 
to implement the USMCA on December 12, 2019, March 13, 2020, and April 
24, 2020, respectively. As a result, pursuant to paragraph 2 of the 
Protocol, which provides that the USMCA will take effect on the first 
day of the third month after the last signatory party provides written 
notification of the completion of the domestic implementation of the 
USMCA through the enactment of

[[Page 35567]]

implementing legislation, the USMCA entered into force on July 1, 2020.
    Subsequent to the USMCA's entry into force date, on December 27, 
2020, the Consolidated Appropriations Act, 2021 (Appropriations Act), 
Public Law 116-260, was enacted with Title VI of the Act containing 
technical corrections to the USMCA Act. All of the changes contained 
within Title VI of the Appropriations Act are retroactively effective 
on July 1, 2020, which is the entry into force date of the USMCA. These 
changes include amending section 202 of the USMCA Act (19 U.S.C. 4531) 
to prohibit non-originating goods used in production processes within 
foreign trade zones (FTZs) from qualifying as originating goods under 
the USMCA. See section 601(b) of Title VI of the Appropriations Act. 
Additionally, section 601(e) of Title VI of the Appropriations Act 
amended 19 U.S.C. 1520(d) to allow the refund of merchandise processing 
fees for USMCA post-importation claims.
    Pursuant to Article 5.16 of the USMCA, the United States, Mexico, 
and Canada trilaterally negotiated and agreed to Uniform Regulations. 
The USMCA Free Trade Commission adopted the Uniform Regulations in its 
Decision No.1, effective as of the date of entry into force of the 
USMCA. Annex I to that decision includes: \2\
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    \2\ Available at: https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/free-trade-commission-decisions/usmca-free-trade-commission-decision-no-1.
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     The Uniform Regulations Regarding the Interpretation, 
Application, and Administration of Chapter 4 (Rules of Origin) and 
Related Provisions in Chapter 6 (Textile and Apparel Goods) (Uniform 
Regulations regarding rules of origin), and
     The Uniform Regulations Regarding the Interpretation, 
Application, and Administration of Chapters 5 (Origin Procedures), 6 
(Textile and Apparel Goods), and 7 (Customs Administration and Trade 
Facilitation) of the Agreement Between the United States of America, 
the United Mexican States, and Canada (Uniform Regulations regarding 
origin procedures).
    In accordance with USMCA Article 5.16, modifications or additions 
to the Uniform Regulations shall be considered regularly to reduce 
their complexity and to ensure better compliance. To this end, further 
iterations of the Uniform Regulations may be negotiated. Part 182 of 
title 19 of the Code of Federal Regulations (CFR)(19 CFR part 182) will 
be amended through rulemaking to reflect future changes to the Uniform 
Regulations, as needed.
    The USMCA superseded NAFTA and its related provisions on the 
USMCA's entry into force date. See Protocol, paragraph 1. Section 601 
of the USMCA Act repealed the North American Free Trade Agreement 
Implementation Act (NAFTA Implementation Act), Public Law 103-182, 107 
Stat. 2057 (19 U.S.C. 3301), as of the date that the USMCA entered into 
force. The NAFTA provisions set forth in part 181 of title 19 of the 
CFR (19 CFR part 181) and in General Note 12, Harmonized Tariff 
Schedule of the United States (HTSUS), continue to apply to goods 
entered for consumption, or withdrawn from warehouse for consumption, 
prior to July 1, 2020.
    Claims for preferential tariff treatment under the USMCA may be 
made as of July 1, 2020. On July 1, 2020, CBP published an interim 
final rule (IFR), entitled ``Implementation of the Agreement Between 
the United States of America, the United Mexican States, and Canada 
(USMCA) Uniform Regulations Regarding Rules of Origin,'' in the Federal 
Register (85 FR 39690), amending part 181 and adding a new part 182 
containing several USMCA provisions, including the Uniform Regulations 
regarding rules of origin (Appendix A to part 182). In addition to 
those regulations and the regulations set forth in this document, 
persons intending to make USMCA preference claims may refer to the CBP 
website at https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA for further guidance, including the U.S. 
USMCA Implementing Instructions. The United States International Trade 
Commission has modified the HTSUS to include the addition of a new 
General Note 11, incorporating the USMCA rules of origin for preference 
purposes, and the insertion of the special program indicator ``S'' or 
``S+'' for the USMCA in the HTSUS ``special'' rate of duty 
subcolumn.\3\
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    \3\ The S+ indicator is used for certain agricultural goods and 
textile tariff preference levels (TPLs).
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A. The Customs Related USMCA Provisions

    The USMCA is composed of 34 chapters along with additional side 
letters. CBP is responsible for administering the customs related 
provisions contained within Chapters 1 (Initial Provisions and General 
Definitions), 2 (National Treatment and Market Access for Goods), 4 
(Rules of Origin), 5 (Origin Procedures), 6 (Textile and Apparel Goods) 
and 7 (Customs Administration and Trade Facilitation) of the USMCA and 
the Uniform Regulations regarding rules of origin as well as the 
Uniform Regulations regarding origin procedures, pursuant to Article 
5.16 of the USMCA.
    This IFR amends the CBP regulations to implement significant 
portions of the USMCA, but does not contain all relevant subparts. CBP 
will promulgate the remaining USMCA implementing regulations and 
solicit public comments at a later date. Additionally, future 
trilateral negotiations on the Uniform Regulations may result in 
additional provisions that must be included in the rulemaking process 
at a later date. CBP will address any comments received in a final rule 
published in the Federal Register.
1. Customs Related USMCA Provisions Addressed in This IFR
    Chapter 1 of the USMCA contains the general definitions and 
country-specific definitions applicable to the USMCA, unless otherwise 
provided.
    Chapter 2 of the USMCA sets forth the national treatment and market 
access provisions. Unless otherwise provided, each USMCA country shall 
apply a customs duty on an originating good in accordance with its 
Schedule to Annex 2-B (Tariff Commitments) of Chapter 2 of the USMCA. 
See Article 2.4 of the USMCA. Appendix 2 to Annex 2-B of Chapter 2 of 
the USMCA contains the Tariff Schedule of the United States reflecting 
the tariff-rate quotas that the United States will apply to certain 
originating goods from Canada under the USMCA. Specifically, paragraph 
15 of Appendix 2 to Annex 2-B contains the tariff-rate quota for sugar-
containing products of Canada that necessitates an amendment to the CBP 
regulations. Chapter 2 of the USMCA also sets forth the definition of 
``commercial samples of negligible value'' (Article 2.1); the duty-free 
treatment of those commercial samples of negligible value, subject to 
certain conditions (Article 2.9); the duty-free treatment of goods re-
entered after being temporarily exported to another USMCA country for 
repair or alteration, subject to certain exceptions and conditions 
(Article 2.8); and the drawback and duty-deferral program provisions 
(Article 2.5).
    Chapter 5 of the USMCA sets forth the origin procedures. 
Specifically, Chapter 5 of the USMCA contains the rules for making a 
claim for preferential tariff treatment (Article 5.2); the requirements 
for a certification of origin (Article 5.2); the set of minimum data 
elements required for a certification of origin (Annex 5-A); the basis 
of the certification of origin (Article 5.3); the

[[Page 35568]]

importer's obligations regarding importations when claiming 
preferential tariff treatment (Article 5.4); the exporter's and 
producer's obligations (Article 5.6); the recordkeeping requirements 
for importers, exporters, and producers (Article 5.8); the general 
origin verification requirements and procedures (Article 5.9); the 
determination of origin provisions (Article 5.10); the right to file 
for refunds and claims for preferential tariff treatment after 
importation (Article 5.11); and the confidentiality provisions related 
to the exchange of information between USMCA countries (Article 5.12). 
Additionally, Article 5.5 of the USMCA sets forth the exceptions to the 
certification of origin requirement. Pursuant to Article 5.5, a 
certification of origin is not required, with some exceptions related 
to evading compliance, for a claim of preferential tariff treatment if 
the value of the importation does not exceed $1,000 U.S. dollars or any 
higher amount as the importing USMCA country may establish, or it is an 
importation of a good for which the USMCA country into whose territory 
the good was imported has waived the requirement for a certification of 
origin. Consistent with this article, the United States has 
established, with the same exceptions related to evading compliance, a 
higher importation value amount of $2,500 U.S. dollars for commercial 
importations and has waived the certification of origin requirement for 
the entire category of non-commercial importations.
    The penalties provisions for the USMCA are described in Chapters 5 
and 7. Article 5.13 provides that each USMCA country shall maintain 
criminal, civil, or administrative penalties for violations of its laws 
and regulations related to Chapter 5 (see also Articles 5.4.2 and 
5.6.3). Chapter 7 of the USMCA generally sets forth provisions related 
to customs administration and trade facilitation. Specifically, Article 
7.18 states that each USMCA country shall adopt or maintain measures 
that allow for the imposition of a penalty by a USMCA country's customs 
administration for breach of its customs laws, regulations, or 
procedural requirements, including those governing tariff 
classification, customs valuation, transit procedures, country of 
origin, or claims for preferential tariff treatment. Chapter 7 of the 
USMCA also contains the confidentiality provisions related to the 
protection of information collected from traders. The confidentiality 
provisions in Article 7.22, in combination with the confidentiality 
provisions in Article 5.12, ensure the protection of confidential 
information provided to a USMCA country's customs administration and 
prevent the unauthorized disclosure of this information to third 
parties and to other USMCA countries.
    The Chapters 1, 2, 5, and 7 provisions discussed above are 
reflected in this IFR.
2. Customs Related Provisions Addressed in Previously Published IFR
    Chapter 4 of the USMCA contains the general rules of origin for 
preferential tariff treatment provisions, and Chapter 6 includes the 
rules of origin specific to textiles and apparel goods. CBP has already 
incorporated these rules of origin into the CBP regulations. On July 1, 
2020, CBP published an IFR in the Federal Register (85 FR 39690) to, in 
part, add the Uniform Regulations regarding rules of origin 
trilaterally agreed upon by the United States, Mexico, and Canada as 
Appendix A of new part 182 to title 19 of the CFR (19 CFR part 182).
3. Customs Related Provisions To Be Addressed in Subsequent Rulemaking
    Any additional CBP regulations needed to implement USMCA provisions 
will be included in a subsequent rulemaking to be published in the 
Federal Register at a later date.

B. Verifications and Determinations of Origin

    Chapter 5 of the USMCA and the Uniform Regulations regarding origin 
procedures govern the verification and determination of origin 
requirements and procedures. Pursuant to Article 5.9.1 of Chapter 5 of 
the USMCA, a USMCA country, through its customs administration, may 
conduct a verification to determine whether a good qualifies for USMCA 
preferential tariff treatment by one or more of the following means: A 
written request or questionnaire seeking information, including 
documents, from the importer, exporter, or producer; a verification 
visit to the premises of the exporter or producer in order to request 
information, including documents, and to observe the production process 
and the related facilities; for a textile or apparel good, the 
procedures set out in USMCA Article 6.6; or any other procedure as may 
be decided by the USMCA countries. For textile or apparel goods, the 
verification procedures set out in USMCA Article 6.6 provide an 
alternative verification means that a USMCA country has the discretion 
to utilize only when conducting a textile or apparel goods 
verification. The USMCA Article 6.6 site visit verification 
requirements and procedures will be addressed in a subsequent 
rulemaking to be published in the Federal Register at a later date.
    A USMCA country may choose to initiate a verification, using any of 
these verification means, with the importer or with the person who 
completed the certification of origin. See USMCA Article 5.9.2. If the 
USMCA country initiates a verification other than with the importer, it 
must inform the importer, only for the purpose of the importer's 
knowledge, of the initiation of the verification. See USMCA Article 
5.9.6 and the Uniform Regulations regarding origin procedures.
    USMCA Article 5.9 and the Uniform Regulations regarding origin 
procedures set forth the information that must be contained in a 
written request for information, questionnaire, or request for a 
verification visit (see USMCA Article 5.9.5), the requirements that a 
USMCA country must follow during a verification (see USMCA Article 
5.9.7(a) and (b)), the time that the importer, exporter, or producer 
has to respond to a request for information or questionnaire (see USMCA 
Article 5.9.7(c)), and the time that the exporter or producer has to 
consent to or refuse a verification visit request (see USMCA Article 
5.9.7(d)).
    Pursuant to USMCA Article 5.9.9, when a USMCA country initiates a 
verification through a verification visit request, the USMCA country is 
required to provide a copy of the verification visit request to the 
customs administration of the USMCA country in whose territory the 
visit is to occur, and, if requested by the USMCA country in whose 
territory the visit is to occur, the embassy of that USMCA country in 
the territory of the USMCA country proposing to conduct the visit. 
USMCA Article 5.9 contains additional provisions governing verification 
visit procedures, including providing the circumstances under which the 
exporter or producer whose premises are to be visited during the 
verification visit, or the customs administration of the USMCA country 
in whose territory the verification visit is to occur, may postpone the 
verification visit. See USMCA Article 5.9.10 and 5.9.11.
    During a verification, there are also requirements that records be 
made available for inspection. USMCA Article 5.8 requires that 
importers, exporters, and producers maintain certain documentation and 
records. Pursuant to the Uniform Regulations regarding origin 
procedures, these records must be maintained in such a manner as to 
enable an officer of the USMCA

[[Page 35569]]

country's customs administration, when conducting a verification under 
USMCA Article 5.9, to perform detailed verifications of the 
documentation and records to verify the information on the basis of 
which the certification of origin was completed and the claim for 
preferential tariff treatment was made. Importers, exporters, and 
producers that are required to maintain records pursuant to USMCA 
Article 5.8.1 and 5.8.2 must make those records available for 
inspection by an officer of the USMCA country's customs administration 
conducting a verification, and in the case of a verification visit, 
provide facilities for that inspection.
    The Uniform Regulations regarding origin procedures also clarify 
that, where a USMCA country's customs administration is conducting a 
verification of a good under USMCA Article 5.9, the customs 
administration may conduct an origin verification of a material that is 
used in the production of that good. The verification of that material 
is expected to be conducted in accordance with certain USMCA 
procedures. The Uniform Regulations regarding origin procedures 
enumerate the specific USMCA articles and Uniform Regulations regarding 
origin procedures paragraphs that apply to the verification of 
materials.\4\ The USMCA country's customs administration may, during a 
verification of a material that is used in the production of a good, 
consider the material to be non-originating in determining whether the 
good is an originating good, if the producer or supplier of that 
material does not allow the customs administration access to 
information required to make a determination of whether the material is 
originating by denying access to its records; failing to respond to a 
verification questionnaire or letter; or refusing to consent to a 
verification visit within the required time.
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    \4\ See Uniform Regulations regarding origin procedures, Origin 
Verifications Section, paragraph 10, which states that where the 
customs administration of a USMCA country, in conducting an origin 
verification of a good imported into its territory under USMCA 
Article 5.9, conducts an origin verification of a material that is 
used in the production of the good, the origin verification of that 
material is expected to be conducted in accordance with the 
procedures set out in: USMCA Article 5.9(1), (5), (7 through 11), 
(13), and (18); and paragraphs 3, 6, 13, 14, and 15 of the Origin 
Verifications Section of the Uniform Regulations regarding origin 
procedures.
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    After the verification is conducted, the USMCA country must provide 
the importer, and the exporter or producer that completed the 
certification of origin and is the subject of the verification, with a 
written determination of origin that includes the findings of facts and 
the legal basis for the determination. See USMCA Article 5.9.14. Prior 
to issuing this determination of origin, if the USMCA country intends 
to deny USMCA preferential tariff treatment, the USMCA country must 
inform the importer, and any exporter or producer who is the subject of 
the verification and provided information during the verification, of 
the preliminary results of the verification and a notice of intent to 
deny that includes when the denial would be effective and a period of 
at least 30 days for the submission of additional information, 
including documents, related to the originating status of the good. See 
USMCA Article 5.9.16. The reasons that a USMCA country may deny USMCA 
preferential tariff treatment are set forth in USMCA Article 5.10.2. 
Additionally, in accordance with USMCA Article 5.9.17, if a 
verification indicates a pattern of conduct by an importer, exporter, 
or producer of false or unsupported representations that a good 
imported into the country's territory qualifies as an originating good, 
the USMCA country may withhold preferential tariff treatment to 
identical goods imported, exported, or produced by such person until 
that person establishes compliance with USMCA Chapters 4, 5, and 6.
    Section 207(a)(1)(A) of the USMCA Act (19 U.S.C. 4533(a)(1)(A)) 
provides the Secretary of the Treasury with the authority to conduct a 
verification, pursuant to USMCA Article 5.9, of whether a good is an 
originating good under section 202 of the USMCA Act (19 U.S.C. 4531) or 
section 202A of the USMCA Act (19 U.S.C. 4532). Section 207(b) of the 
USMCA Act (19 U.S.C. 4533(b)(1)) sets forth the basis for a negative 
determination of origin that applies to verifications conducted under 
USMCA Chapter 5. Specifically, section 207(b) of the USMCA Act provides 
that a negative determination is a determination by the Secretary that 
a claim by the importer, exporter, or producer that the good qualifies 
as an originating good under 19 U.S.C. 4531 is inaccurate; that the 
good does not qualify for preferential tariff treatment under the USMCA 
because the importer, exporter, or producer failed to respond to a 
request for information or failed to provide sufficient information to 
determine that the good qualifies as an originating good; after receipt 
of a notification of a verification visit, the exporter or producer did 
not provide written consent for the visit; the importer, exporter, or 
producer does not maintain, or denies access to, records or 
documentation required under section 508(1) of the Tariff Act of 1930, 
as amended (19 U.S.C. 1508(1)); or the importer, exporter, or producer 
otherwise fails to comply with the requirements of section 207 of the 
USMCA Act or, based on the preponderance of the evidence, circumvents 
the requirements of section 207 of the USMCA Act. Section 207(c)(1) of 
the USMCA Act (19 U.S.C. 4533(c)(1)) provides that, upon making a 
negative determination, the Secretary may deny preferential tariff 
treatment under the USMCA with respect to the good while section 
207(c)(2) of the USMCA Act (19 U.S.C. 4533(c)(2)) allows the Secretary 
to withhold preferential tariff treatment for identical goods based on 
a pattern of conduct.
    To address these general USMCA verification and determination of 
origin requirements and procedures, CBP has included subpart G, Origin 
Verifications and Determinations, in part 182 of title 19 of the CFR.

C. Marking Rules

    Section 304(a) of the Tariff Act of 1930, as amended (19 U.S.C. 
1304), provides that, unless excepted, every article of foreign origin 
imported into the United States shall be marked in a conspicuous place 
as legibly, indelibly, and permanently as the nature of the article (or 
container) will permit in such manner as to indicate to an ultimate 
purchaser in the United States the English name of the country of 
origin of the article. The regulations issued under the authority of 
section 304 to implement the country of origin marking requirements are 
set forth in 19 CFR part 134. Part 134 identifies the articles subject 
to marking, the methods and manner of marking that should be used, the 
exceptions to the marking requirements, the marking requirements for 
containers or holders, and the procedures for articles found not 
legally marked.
    CBP employs two primary methods for determining the country of 
origin for marking purposes when imported goods are processed in, or 
contain materials from, more than one country. One method uses case-by-
case adjudication to determine whether the goods have been 
substantially transformed in a particular country. The other method 
consists of codified rules, also used to determine whether the goods 
have been substantially transformed, primarily expressed through a 
change in the HTSUS classification, often referred to as a ``tariff 
shift.''
    Part 134 sets forth the country of origin marking requirements and 
exceptions. Section 134.1(b) defines

[[Page 35570]]

``country of origin'' as the country of manufacture, production, or 
growth of any article of foreign origin entering the United States. 
Further work or material added to an article in another country must 
effect a substantial transformation in order to render such other 
country the ``country of origin'' within the meaning of part 134; 
however, for a good of a NAFTA country, the marking rules set forth in 
part 102 of title 19 of the CFR (19 CFR part 102) apply (although these 
rules have commonly been referred to as the NAFTA Marking Rules, they 
apply in other contexts as well and are thus referred to herein as the 
``part 102 rules'').''). The part 102 rules are codified rules that 
determine the country of origin for marking purposes using primarily 
the ``tariff shift'' method. CBP first promulgated these codified part 
102 rules to fulfill the United States' commitment under Annex 311 of 
NAFTA, which required the parties to establish rules for determining 
whether a good is a good of a NAFTA country. Although the NAFTA 
Implementation Act was repealed by the USMCA Act as of July 1, 2020, 
the part 102 rules remain in effect. The part 102 rules are also used 
for several other trade agreements. For instance, as indicated in the 
scope provision for part 102 (Sec.  102.0), the rules set forth in 
Sec. Sec.  102.1 through 102.21 also apply for purposes of determining 
whether an imported good is a new or different article of commerce 
under Sec.  10.769 of the United States-Morocco Free Trade Agreement 
regulations and Sec.  10.809 of the United States-Bahrain Free Trade 
Agreement regulations.
    The USMCA does not contain a general marking requirement. Except 
for certain agricultural goods, a good does not need to first qualify 
to be marked as a good of Mexico or Canada in order to receive 
preferential tariff treatment under the USMCA. For most goods, only the 
general Uniform Regulations regarding rules of origin set forth in 
Appendix A of part 182 of title 19 of the CFR and the product-specific 
rules of origin contained in General Note 11, HTSUS, are needed to 
determine whether a good is an originating good under the USMCA to 
receive preferential tariff treatment. Therefore, in line with the 
present scope of the part 102 rules, the part 102 rules will continue 
to be applicable to determine country of origin for marking purposes 
for goods imported from Canada or Mexico under the USMCA (regardless of 
whether preferential tariff treatment is claimed).
    The Secretary of the Treasury has general rulemaking authority, 
pursuant to 19 U.S.C. 1304 and 1624, to make such regulations as may be 
necessary to carry out the provisions of section 304(a) of the Tariff 
Act of 1930, as amended, related to the country of origin marking 
requirements for imported articles of foreign origin. CBP believes that 
extending application of the well-established part 102 rules to USMCA 
goods will provide continuity for the Canadian and Mexican importing 
community because those rules have been applied to all imports from 
Canada and Mexico since 1994. As a result of this longevity, the 
importing community has made extensive efforts to comply with the part 
102 rules and CBP has significant experience in applying those rules to 
goods from Canada and Mexico. These factors provide predictability and 
consistency in the application of the marking rules and in CBP's 
administration of the rules. The codified part 102 rules are a 
simplified and standardized approach for determining the country of 
origin for marking purposes (regardless of whether preferential tariff 
treatment is claimed).
    The importing communities from Canada and Mexico are used to 
applying the part 102 rules as opposed to the case-by-case method. 
Accordingly, to make the transition from NAFTA to the USMCA as least 
disruptive to the importing community as possible, CBP has decided to 
continue application of the current part 102 rules to determine the 
country of origin for marking purposes of a good imported from Canada 
or Mexico to articles imported pursuant to the USMCA. However, the 
other marking requirements in 19 CFR part 134, such as the rules for 
marking containers, the exceptions applicable to the marking 
requirements, and the methods of marking, also previously applied to 
goods from Canada and Mexico, and continue to apply to these goods. 
Thus, CBP is amending parts 102 and 134 of title 19 of the CFR to 
continue the application of the part 102 rules for determining origin 
for marking purposes for Mexico and Canada, and also to reflect the 
continued applicability of the other marking requirements and the 
relevant exceptions.
    Origin determinations are also required in other instances, such as 
in the administration of quantitative restrictions. Concurrently with 
this IFR, CBP is publishing a notice of proposed rulemaking (NPRM) that 
proposes to apply the part 102 rules for non-preferential origin 
determinations made by CBP for goods imported from Canada or Mexico, 
including government procurement determinations.\5\ In addition to 
promoting uniformity and transparency, the NPRM will implement USMCA 
Article 13.4.5, which provides as follows: ``For the purposes of 
covered procurement, a Party shall not apply rules of origin to goods 
or services imported from or supplied from the other Party that are 
different from the rules of origin the Party applies at the same time 
in the normal course of trade to imports or supplies of the same goods 
or services from the same Party.'' \6\
---------------------------------------------------------------------------

    \5\ That proposed rule does not apply for purposes of 
determining whether merchandise is subject to the scope of 
antidumping and countervailing duty proceedings under Title VII of 
the Tariff Act of 1930, as amended, as such determinations fall 
under the authority of the Department of Commerce. Specifically, 
notwithstanding a CBP country of origin determination, that 
merchandise may be subject to the scope of antidumping and/or 
countervailing duty proceedings associated with a different country.
    \6\ Although Canada is not a party to Chapter 13 of the USMCA, 
the United States has a similar commitment to Canada through Article 
IV-5 of the World Trade Organization (WTO) Revised Agreement on 
Government Trade, as amended on Mar. 30, 2012, Marrakesh Agreement 
Establishing the World Trade Organization, Annex 4(b), 1915 U.N.T.S. 
103.
---------------------------------------------------------------------------

Adverse Marking Decisions
    Under NAFTA, an adverse marking decision is a decision by CBP which 
an exporter or producer of merchandise believes to be contrary to the 
provisions of Annex 311 of NAFTA. While Article 510 of NAFTA provides 
specific rights of review and appeal for marking determinations, the 
USMCA does not provide any such rights. Additionally, section 209 of 
the USMCA Act struck the language from subsection (k) of section 304 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1304(k)), that provided 
these specific petition rights, such as with respect to adverse marking 
decisions, for NAFTA exporters and producers. Thus, these specific 
rights and procedures are not provided for under the USMCA or the USMCA 
Act. Accordingly, an importer, or an exporter or producer (only when 
acting as the importer of record (IOR)) wishing to request review and/
or appeal of CBP marking determinations must follow the procedures set 
forth in part 174 of the CFR.
    Part 174 sets forth the general protest procedures pursuant to 19 
U.S.C. 1514, which allows for the administrative review of challenges 
to CBP determinations, including marking and other origin decisions. As 
the general statutory and regulatory authority for protests in 19 
U.S.C. 1514 and 19 CFR part 174 and the specific USMCA authority under 
the USMCA and the USMCA Act do not provide exporters or

[[Page 35571]]

producers the right to request administrative review and appeal of 
marking decisions, USMCA exporters and producers may not file a protest 
of a marking determination under the USMCA, unless the exporter or 
producer is acting as the IOR.

D. Tariff-Rate Quota for Sugar-Containing Products Originating in 
Canada

    Tariff-rate quotas permit a specified quantity (``in-quota 
quantity'') of merchandise to be entered or withdrawn for consumption 
at a reduced duty rate (``in-quota tariff rate of duty'') during a 
specified period. See 19 CFR 132.1(b). Appendix 2 to Annex 2-B of 
Chapter 2 of the USMCA, entitled Tariff Schedule of the United States--
(Tariff Rate Quotas), reflects the tariff-rate quotas that the United 
States will apply to certain originating goods from Canada under the 
USMCA. These originating goods from Canada are permitted entry into the 
territory of the United States, at the in-quota quantity, subject to 
the reduced quota rates instead of the rates of duty specified in 
Chapter 1 through Chapter 97 of the HTSUS.
    Paragraph 15 of Appendix 2 to Annex 2-B of the USMCA sets out the 
tariff-rate quota for sugar-containing products of Canada, including 
the aggregate quantity of originating goods of Canada permitted to 
enter free of duty in each calendar year and the article description of 
the qualifying originating goods. Pursuant to section 103(c)(4) of the 
USMCA Act, which authorizes the President to take necessary actions to 
implement the tariff-rate quotas in the Schedule of the United States 
to Annex 2-B of the USMCA, the special classification provisions in 
Chapter 98 of the HTSUS have been modified to include the sugar-
containing products subject to this tariff-rate quota.
    The tariff-rate quota for sugar-containing products of Canada under 
the USMCA will be administered using export certificates. When Canada 
provides the United States with the written notification of its intent 
to require export certificates for sugar-containing products in 
accordance with paragraph 15(d) of Appendix 2 of Annex 2-B of the 
USMCA, the USTR will publish a notice in the Federal Register 
announcing this determination. In any year for which the USTR has 
published such a determination in the Federal Register, imports of the 
sugar-containing products of Canada, at the in-quota quantity, will 
only be eligible for the in-quota tariff rate of duty if the U.S. 
importer makes a declaration to CBP, in the form and manner determined 
by CBP, that a valid export certificate issued by the Government of 
Canada is in effect for the goods.
    Section 132.17 of title 19 of the CFR (19 CFR 132.17) sets forth 
the form and manner determined by CBP to constitute a required 
declaration that a valid export certificate is in effect for the goods. 
Specifically, Sec.  132.17 governs the requirement for an export 
certificate for sugar-containing products to qualify for the tariff-
rate quota and provides a description of the sugar-containing products 
subject to these requirements, when the export certificate is valid, 
and the recordkeeping retention and production requirements. For the 
sugar-containing products described in Sec.  132.17(a), the importer 
must possess a valid export certificate in order to claim the in-quota 
tariff rate of duty on the products at the time they are entered or 
withdrawn from warehouse for consumption. The importer must record the 
unique identifier of the export certificate for these products on the 
entry summary or warehouse withdrawal for consumption (Customs Form 
7501, column 34), or its electronic equivalent. The Government of 
Canada will issue the export certificates. A certificate is valid if it 
meets the requirements of 15 CFR 2015.3(b). If the export certificate 
is valid, it will authorize entry into the United States at the in-
quota tariff rate of duty established under the USMCA.

III. Amendments to the Regulations

    Pursuant to 19 U.S.C. 4535(a), the Secretary of the Treasury has 
the authority to prescribe such regulations as may be necessary to 
implement the USMCA. Section 103(b)(1) of the USMCA Act (19 U.S.C. 
4513(b)(1)) requires that initial regulations necessary or appropriate 
to carry out the actions required by or authorized under the USMCA Act 
or proposed in the Statement of Administrative Action approved under 19 
U.S.C. 4511(a)(2) to implement the USMCA shall, to the maximum extent 
feasible, be prescribed within one year after the date on which the 
USMCA enters into force. This IFR amends the CBP regulations to 
implement significant portions of the USMCA. CBP will promulgate the 
remaining USMCA implementing regulations.
    In order to provide transparency and facilitate their use, the 
majority of the USMCA implementing regulations are set forth in part 
182 of title 19 of the CFR, entitled the United States-Mexico-Canada 
Agreement. Part 182 sets forth the USMCA preferential tariff treatment 
and other customs related provisions. This IFR amends part 182 to add 
regulations implementing significant portions of USMCA Chapters 1, 2, 
5, and 7, as discussed above, in the existing part 182 regulatory 
framework. Additionally, this document makes necessary amendments to 
other parts of title 19 of the CFR to implement relevant USMCA 
provisions and to apply the part 102 rules when determining the country 
of origin for marking purposes for goods imported from USMCA countries.
    All of the regulatory amendments made in this document are 
consistent with the provisions of the USMCA, the Uniform Regulations 
regarding origin procedures, and the USMCA Act (19 U.S.C. Chapter 29).

A. Part 10

    Section 10.8 sets forth the documentation requirements for articles 
exported for repairs or alterations. As explained further in Section 
III.F., Subpart J--Commercial Samples and Goods Returned after Repair 
or Alteration below, CBP is applying the documentation provisions of 
Sec.  10.8(a), (b), and (c) to the entry of goods which are returned 
from Canada or Mexico after having been exported for repairs or 
alterations and which are claimed to be duty-free. Section 10.8(a)(2) 
provides that a declaration must be completed by the owner, importer, 
consignee, or agent having knowledge of the pertinent facts and filed 
during entry of the articles that are returned after having been 
exported for repairs or alterations. Currently, this declaration 
requires the individual completing it to state that such articles were 
exported from the United States for repairs or alterations and without 
benefit of drawback. This portion of the declaration is necessary 
because ordinarily these re-entered goods do not qualify for a reduced 
duty rate with the benefit of drawback. However, there is an exception 
provided in U.S. Note 1 of Subchapter II, Chapter 98, HTSUS, for NAFTA 
and USMCA drawback. Goods re-entered after repair or alteration are 
eligible for duty-free treatment even if subject to NAFTA or USMCA 
drawback. Accordingly, CBP is amending the declaration in Sec.  
10.8(a)(2) to clarify this distinction by adding ``(unless subject to 
USMCA drawback)'' after ``without the benefit of drawback.''

B. Part 102

    Part 102, Rules of Origin, sets forth rules for determining the 
country of origin of certain imported goods. CBP is amending part 102 
of title 19 of the CFR (19 CFR part 102) to apply its rules of origin 
to determine the country of origin for marking purposes of goods 
imported from Canada or Mexico under the

[[Page 35572]]

USMCA (regardless of whether preferential tariff treatment is claimed).
1. Scope
    This document amends Sec.  102.0 to extend the scope of part 102 to 
include the USMCA. Section 102.0 is revised to state that the rules set 
forth in Sec. Sec.  102.1 through 102.18 and 102.20 also determine the 
country of origin for marking purposes for goods imported from a USMCA 
country. Under the USMCA, the Uniform Regulations regarding rules of 
origin set forth in Appendix A to part 182 and the product-specific 
rules of origin contained in General Note 11, HTSUS, are needed to 
determine whether a good originates under the USMCA to receive 
preferential tariff treatment. The USMCA includes, inter alia, 
provisions that rely on whether goods qualify to be marked as goods of 
Canada, Mexico, or, under General Note 11, HTSUS, the United States, to 
determine the appropriate tariff benefit, thus also requiring the part 
102 rules. See USMCA Chapter 2, Annex 2-B, Tariff Schedule of the 
United States, General Notes.
2. Definitions
    Section 102.1 sets forth the general definitions applicable to this 
part. CBP is adding a new definition for ``inventory management 
method'' to provide clarity to the public. Currently, part 102 refers 
to the inventory management method merely with cross-references to part 
181 without defining the term or providing a specific citation for 
where the method is described. As the term ``inventory management 
method'' is used for purposes of NAFTA and the USMCA, CBP believes that 
adding the definition in Sec.  102.1 is necessary. Thus, the term 
``inventory management method'' is added as paragraph (l) and is 
defined as ``(1) averaging; (2) ``last-in, first-out;'' (3) ``first-in, 
first-out;'' or (4) any other method that is recognized in the 
Generally Accepted Accounting Principles (GAAP) of the country in which 
the production is performed or otherwise accepted by that country.'' In 
order to add the term in alphabetical order, CBP is redesignating 
paragraphs (l) through (p) as paragraphs (m) through (q).
    CBP is also revising the definition of ``value.'' The definition of 
``value'' provides different methods for calculating the value of goods 
or materials for purposes of determining whether foreign material that 
does not undergo the applicable change in tariff classification (set 
out in Sec.  102.20) or satisfies the other applicable requirements of 
that section is considered de minimis (set out in Sec.  102.13). CBP is 
adding the clarifier ``under NAFTA'' to paragraphs (1) and (2) to make 
clear that the methods set forth in these paragraphs only apply to 
NAFTA. CBP is adding a new paragraph (3) to set forth the method used 
for calculating the value of goods or materials under the USMCA for 
purposes of determining whether foreign material is considered de 
minimis. Under the USMCA, the value of a good or material is its 
customs value or transaction value within the meaning of the Uniform 
Regulations regarding rules of origin set forth in Appendix A to part 
182.
3. Inapplicability of NAFTA Preference Override to USMCA Claims
    CBP is amending Sec.  102.19 to limit the NAFTA preference override 
to apply to NAFTA only. Under NAFTA, to receive preferential tariff 
treatment, a good must be ``originating'' under General Note 12, HTSUS, 
and the good must qualify to be marked as a good of a NAFTA country 
under the part 102 rules in Sec.  102.20. Under the USMCA, unlike 
NAFTA, a good does not need to qualify to be marked as a good of Canada 
or Mexico in order to receive preferential tariff treatment. 
Accordingly, the NAFTA preference override provisions are no longer 
necessary under the USMCA. Thus, CBP is adding a new paragraph (c) to 
Sec.  102.19 to state that the NAFTA preference override in paragraphs 
(a) and (b) applies only to goods entered for consumption, or withdrawn 
from warehouse for consumption, prior to July 1, 2020, which is the 
date that the USMCA entered into force.
4. Conforming Amendments
    As a result of adding the definition of ``inventory management 
method'' to Sec.  102.1, CBP needs to make several conforming 
amendments to other sections of part 102. Accordingly, CBP is removing 
the phrase ``provided under the appendix to part 181 of this chapter'' 
from Sec.  102.11(b)(2) and ``provided under the appendix to part 181 
of the Customs Regulations'' from Sec.  102.12(b). These cross-
references to the inventory management methods in the appendix to part 
181 are no longer needed because the definition of ``inventory 
management method'' is now contained in the general definitions of part 
102.

C. Part 132

    Part 132, Quotas, sets forth the rules and procedures applicable to 
quotas administered by CBP. CBP is amending Sec.  132.17(a) to reflect 
the tariff-rate quota for sugar-containing products of Canada 
established in paragraph 15 of Appendix 2 to Annex 2-B of Chapter 2 of 
the USMCA. CBP has decided to adopt a similar approach for describing 
the sugar-containing products as used in the preceding section of this 
part when describing the beef products subject to an export certificate 
requirement. This simpler approach removes the specific HTSUS 
subheading classifications and, alternatively, cross-references to the 
USTR definition of sugar-containing products and the description of the 
products in paragraph 15 of Appendix 2 to Annex 2-B of Chapter 2 of the 
USMCA. As CBP is not the party responsible for determining the sugar-
containing products that qualify for the tariff-rate quota, this 
approach ensures that the CBP regulations contain an accurate 
description of the products in the event of a change in the HTSUS 
subheadings or a change in the USTR definition.

D. Part 134

    Part 134, Country of Origin Marking, sets forth the regulations 
implementing the country of origin marking requirements and exceptions 
of section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). 
For purposes of the USMCA, the part 102 rules will be applied to 
determine the country of origin for marking purposes of a good imported 
from Canada or Mexico (regardless of whether preferential tariff 
treatment is claimed). Thus, CBP is making the necessary amendments to 
part 134. Part 134 identifies the articles subject to marking, the 
methods and manner of marking that should be used, the exceptions to 
the marking requirements, the marking requirements for containers or 
holders, and the procedures for articles found not legally marked.
1. Definitions
    Section 134.1 contains the definitions for part 134. CBP is adding 
the USMCA to several definitions to clarify that, for those purposes, a 
good may be from either a NAFTA or USMCA country. In the ``country of 
origin'' definition in Sec.  134.1(b), CBP is adding language to 
clarify that for a good of a NAFTA or USMCA country, the rules set 
forth in part 102 determine the country of origin for marking purposes. 
The definition of the ``NAFTA Marking Rules'' in paragraph (j) has been 
replaced with a new definition for the ``Part 102 Rules,'' which are 
rules promulgated for purposes of determining whether a good is a good 
of a NAFTA country and to determine the country of origin for

[[Page 35573]]

marking purposes for goods imported from USMCA countries.
    For the definition of ``ultimate purchaser'' in Sec.  134.1(d), CBP 
is adding ``or USMCA'' to note that, instead of the general definition 
of ``ultimate purchaser,'' the USMCA will use the same definition of 
``ultimate purchaser'' as applied to a good of a NAFTA country. For a 
good of a NAFTA or USMCA country, the ``ultimate purchaser'' is the 
last person in the United States who purchases the good in the form in 
which it was imported. The words ``or USMCA'' have also been added to 
the examples and the term ``part 102 Rules'' has replaced the term 
``NAFTA Marking Rules,'' in the examples of an ``ultimate purchaser,'' 
as appropriate.
    CBP is further amending Sec.  134.1(g) to add the USMCA to the 
definition of a ``good of a NAFTA country'' and to replace references 
to the ``NAFTA Marking Rules'' with ``part 102 Rules.'' The paragraph 
heading of paragraph (g) has been revised to read ``good of a NAFTA or 
USMCA country'' and ``or USMCA'' has been added to the definition to 
define a ``good of a NAFTA or USMCA country'' for marking purposes, as 
an article for which the country of origin is Canada, Mexico, or the 
United States as determined under the part 102 Rules. Paragraph (i) 
defining a ``NAFTA country'' has similarly been revised. The paragraph 
heading of paragraph (i) has been revised to read ``NAFTA or USMCA 
country'' and the appropriate cross-reference to the definition of 
``territory'' in the USMCA has been added. Accordingly, a ``NAFTA or 
USMCA country'' is defined as the territory of the United States, 
Canada, or Mexico, as defined in Annex 201.1 of the NAFTA and Chapter 
1, Section C of the USMCA.
    Finally, Sec.  134.1 has added a new paragraph (l) to include a 
definition of ``USMCA'' and has revised the definition of ``NAFTA'' in 
paragraph (h). The new paragraph (l) defines ``USMCA'' as the Agreement 
between the United States of America, the United Mexican States, and 
Canada (USMCA), entered into force by the United States, Canada and 
Mexico on July 1, 2020. CBP has also added a second sentence to the 
definition of ``NAFTA'' stating that NAFTA is not applicable to goods 
entered for consumption, or withdrawn from warehouse for consumption, 
on or after July 1, 2020 to clarify in part 134 that the USMCA 
superseded NAFTA when it entered into force.
2. Marking of Containers
    Subpart C of part 134 addresses the marking requirements and 
exceptions under 19 U.S.C. 1304(b) for containers and holders. CBP is 
amending Sec. Sec.  134.22, 134.23 and 134.24, which provide the 
general rules for marking of containers or holders, the rules for 
containers or holders designed for or capable of reuse, and the rules 
for containers or holders not designed for or capable of reuse, to add 
the necessary USMCA references. Specifically, CBP is adding ``or 
USMCA'' to Sec. Sec.  134.22(b), (d)(2), and (e)(1) to indicate that a 
good of a USMCA country which is a usual container is treated the same 
as a good of a NAFTA country. No marking is required for any good of a 
NAFTA or USMCA country that is a usual container.
    CBP is amending Sec.  134.23(a) to note that the exception for 
goods of a NAFTA country which are usual containers also applies to the 
USMCA with the addition of the words ``or USMCA.'' CBP is also revising 
Sec. Sec.  134.24(c)(1), (c)(2), and (d)(1) by adding ``or USMCA'' to 
clarify that disposable containers or holders are treated the same 
under the USMCA as under NAFTA.
3. Exceptions to the Marking Requirements
    In section 209 of the USMCA Act, Congress amended section 304(k) of 
the Tariff Act of 1930, as amended (19 U.S.C 1304(k)), to create the 
same exceptions to the marking requirements for the goods of a USMCA 
country as under NAFTA. Section 134.32 contains the general exceptions 
to the marking requirements. CBP is adding ``or USMCA'' to paragraphs 
(h), (p) and (q) of Sec.  134.32 to indicate that the exceptions to the 
marking requirements apply to NAFTA and the USMCA. These general 
exceptions to the marking requirements are: to articles of a USMCA 
country for which the ultimate purchaser must reasonably know the 
country of origin by reason of the circumstances of their importation 
or by reason of the character of the articles even though they are not 
marked to indicate their origin; to goods of a USMCA country which are 
original works of art; and to goods of a USMCA country which are 
provided for in subheading 6904.10 or heading 8541 or 8542 of the 
HTSUS.
4. Other Marking Provisions
    CBP is also adding ``or USMCA'' to multiple other provisions in 
part 134 to indicate that goods of a USMCA country are subject to the 
same treatment and marking requirements as goods of a NAFTA country. 
Specifically, CBP is revising Sec. Sec.  134.35(a) and (b), 134.43(a), 
(c)(3), (d)(3), and 134.45(a)(2) to include the USMCA. These sections 
address articles substantially changed by manufacture, methods of 
marking specific articles, and approved markings of country name, 
respectively. Additionally, CBP is revising Sec.  134.35(b) to replace 
a reference to the ``NAFTA Marking Rules'' with ``part 102 Rules.''

E. Part 163

    Part 163, Recordkeeping, sets forth the recordkeeping requirements 
and procedures governing the maintenance, production, inspection, and 
examination of records. As discussed in more detail in Section III.F., 
Subpart C--Export Requirements below, 19 CFR 182.21(c) requires an 
exporter or producer who completes a certification of origin or a 
producer who provides a written representation for a good exported from 
the United States to Canada or Mexico to maintain all records and 
supporting documents relating to the origin of a good for which the 
certification of origin was completed. The records must be maintained 
as provided for in Sec.  163.5. Because Sec.  163.5(a) qualifies that 
the requirement to maintain records for the required retention periods 
and in the prescribed format only pertains to persons listed in Sec.  
163.2, CBP is amending Sec.  163.2 to add USMCA exporters and 
producers.
    CBP is amending the scope provision in Sec.  163.0, redesignating 
Sec.  163.2(c)(2) to (c)(3), and adding a new Sec.  163.2(c)(2) to 
include the USMCA exporters or producers. It is not necessary to amend 
Sec.  163.2 to include the USMCA importers because Sec.  163.2 includes 
all importers without qualification. CBP will make any additional 
amendments to part 163 necessary to implement the USMCA and to 
incorporate modifications to the Uniform Regulations in a subsequent 
rulemaking to be published in the Federal Register at a later date.

F. Part 182

    Part 182, United States-Mexico-Canada Agreement, implements the 
duty preference and related customs provisions applicable to imported 
goods under the USMCA. CBP is amending part 182 of title 19 of the CFR 
(19 CFR part 182) to promulgate additional USMCA implementing 
regulations related to Chapters 1, 2, 5, and 7 of the USMCA. Currently, 
part 182 contains a framework with its various subparts outlined. The 
existing part 182 substantive provisions include the scope, a rules of 
origin subpart (Subpart F), and Appendix A that sets forth the Uniform 
Regulations regarding rules of origin trilaterally agreed upon by the 
United States, Mexico, and Canada.

[[Page 35574]]

    This document amends part 182 to add the general definitions and 
confidentiality provisions to Subpart A (General Provisions), and to 
add the implementing regulations for Subparts B (Import Requirements), 
C (Export Requirements), D (Post-Importation Duty Refund Claims), E 
(Restrictions on Drawback and Duty-Deferral Programs), G (Origin 
Verifications and Determinations), J (Commercial Samples and Goods 
Returned after Repair or Alteration), and K (Penalties). The 
implementing regulations for the remaining part 182 subparts will be 
included in a subsequent rulemaking to be published in the Federal 
Register at a later date.
Subpart A--General Provisions
Definitions
    Section 182.1 sets forth the general definitions applicable to this 
part. Chapter 1 of the USMCA sets forth the general and country-
specific definitions to be applied throughout the USMCA, unless 
otherwise noted. Since Sec.  182.1 contains the definitions of the 
common terms that are used in multiple places in part 182, it includes 
definitions from 19 U.S.C. 4502, several Chapters of the USMCA, and the 
Uniform Regulations regarding rules of origin set forth in Appendix A 
to part 182. Additional definitions that are not common terms 
throughout part 182 and are applicable on a more limited basis are set 
forth elsewhere with the substantive provisions to which they relate. 
For instance, Appendix A to part 182 contains many definitions that are 
applicable only to the Uniform Regulations regarding rules of origin.
Confidentiality
    To ensure protection of confidential information provided to a 
USMCA country's customs administration and to prevent the unauthorized 
disclosure of this information to third parties and to other USMCA 
countries, the USMCA contains confidentiality protections. These 
confidentiality provisions are set forth in USMCA Articles 5.12, 7.22, 
7.26, and 7.28. The USMCA also extends the confidentiality provisions 
in Articles 5.12 and 7.22 to textile and apparel goods under USMCA 
Chapter 6. See USMCA Article 6.9.
    Article 5.12 generally governs the treatment of confidential 
information exchanged by USMCA countries. A USMCA country that receives 
information designated as confidential from another USMCA country or 
that is deemed confidential under the receiving USMCA country's laws is 
required to maintain the confidentiality of this information pursuant 
to its respective laws. The receiving USMCA country may use or disclose 
the confidential information, however, for purposes of administration 
or enforcement of its customs laws or as otherwise provided for under 
its law, including in an administrative, quasi-judicial, or judicial 
proceeding. See USMCA Article 5.12.1 and 5.12.3. A USMCA country may 
decline to provide information requested by another USMCA country if it 
has failed to act to keep information confidential in accordance with 
its law. See USMCA Article 5.12.2. USMCA Article 7.28 extends these 
confidentiality protections to Section B in USMCA Chapter 7 on 
cooperation and enforcement. USMCA Article 7.26 governs the exchange of 
specific confidential information between USMCA countries and sets 
forth the procedures for USMCA countries to request and provide 
information that is normally collected in connection with the 
importation, exportation, or transit of a good for purposes of 
enforcing or assisting in the enforcement of measures concerning 
customs offenses.
    USMCA Article 7.22 governs the protection of information, related 
to members of the trade community (traders), received by the USMCA 
country's customs administration. It requires that each USMCA country's 
customs administration apply measures governing the collection, 
protection, use, disclosure, retention, correction, and disposal of 
information that it collects from traders. See USMCA Article 7.22.1. 
Each USMCA country's customs administration must protect confidential 
information from use or disclosure, in accordance with its laws, that 
could prejudice the competitive position of the trader to whom the 
confidential information relates. See USMCA Article 7.22.2. The customs 
administration may use or disclose confidential information, however, 
for the purposes of administration or enforcement of its customs laws 
or as otherwise provided under its law, including in an administrative, 
quasi-judicial, or judicial proceeding. See USMCA Article 7.22.3. The 
confidentiality provisions as set forth in USMCA Articles 5.12, 7.22, 
7.26, and 7.28 apply to all applicable exchanges of confidential 
information between the USMCA countries, including a USMCA Article 7.27 
verification report containing information obtained during a 
verification, such as data and documents, that is provided when a USMCA 
country requests another USMCA country conduct a verification in its 
territory. Additionally, to further safeguard confidential information, 
the USMCA allows the importer, exporter, or producer to send 
information directly to the USMCA country conducting a verification, 
including documents, to allow the party to protect its proprietary 
information. See USMCA Article 5.9.3.
    Several U.S. statutes and regulations govern CBP's treatment and 
disclosure of confidential information. The exchange of information 
between USMCA countries is governed by 19 U.S.C. 1628. Section 209(c) 
of the USMCA Act amended section 628 of the Tariff Act of 1930 (19 
U.S.C. 1628) by striking subsection (c) and inserting language 
applicable to the USMCA in accordance with USMCA Articles 5.12, 7.26, 
and 7.28. Pursuant to 19 U.S.C. 1628(c), the Secretary may authorize 
CBP to exchange information with any government agency of a USMCA 
country if the Secretary reasonably believes the exchange of 
information is necessary to implement USMCA chapters 2, 4, 5, 6, or 7, 
and obtains assurances from such agency that the information will be 
held in confidence and used only for governmental purposes.
    The Privacy Act (5 U.S.C. 552a) governs the collection, 
maintenance, use, and dissemination of personally identifiable 
information (PII) in systems of records maintained by Federal agencies. 
PII is defined as information that permits the identity of an 
individual to be directly or indirectly inferred, including any other 
information that is linked or linkable to that individual, regardless 
of whether the individual is a U.S. citizen, lawful permanent resident, 
visitor to the United States, or employee or contractor of the 
Department of Homeland Security.
    The Freedom of Information Act (FOIA) (5 U.S.C. 552) provides that 
any person has the right to request access to records from any federal 
agency. Under FOIA's terms, federal agencies must disclose records upon 
receiving a written request for them, except for those records or 
portions of records protected from disclosure by any of the nine 
exemptions or three exclusions found in the statute.
    Part 5 of title 6 of the CFR (6 CFR part 5) governs the disclosure 
of information created or maintained by CBP and requested pursuant to 
the FOIA and Privacy Act. Part 103 of title 19 of the CFR (19 CFR part 
103) governs the production and disclosure of CBP-maintained 
information under other statutory or regulatory provisions and/or as 
requested through administrative and/or legal processes. Accordingly, 
part 5 of title 6 and part 103 of title 19

[[Page 35575]]

apply where the impetus for the release of information to a member of 
the public by CBP stems from a request from a member of the public, 
while USMCA-related disclosures involve CBP proactively releasing 
information to third parties, for example, the importer, exporter, 
producer, or other USMCA country, to fulfill the United States' 
commitments under the USMCA. Nonetheless, CBP will maintain the 
confidentiality and disclosure protections in part 103 for USMCA-
related information disclosures, including Sec.  103.23(b) detailing 
the circumstances where disclosures will not be made and Sec.  103.33 
addressing the release of information to foreign agencies.
    The Trade Secrets Act (18 U.S.C. 1905) bars the unauthorized 
disclosure by government officials of any information received in the 
course of their employment or official duties when such information 
``concerns or relates to the trade secrets, processes, operations, 
style of work, or apparatus, or to the identity, confidential 
statistical data, amount or source of any income, profits, losses, or 
expenditures of any person, firm, partnership, corporation, or 
association.'' See 18 U.S.C. 1905. Specifically, the Trade Secrets Act 
protects those required to furnish commercial or financial information 
to the government by shielding them from the competitive disadvantage 
that could result from disclosure of that information by the 
government. The courts have interpreted the Trade Secrets Act as 
covering the same type of information that falls under Exemption 4 of 
the FOIA. See, e.g., CNA Fin. Corp. v. Donovan, 830 F.2d 1132, 1140 
(D.C. Cir. 1987). Exemption 4 of the FOIA protects ``trade secrets and 
commercial or financial information obtained from a person [that is] 
privileged or confidential.'' See 5 U.S.C. 552(b)(4).
    The Trade Secrets Act permits those covered by the Act to disclose 
protected information when the disclosure is otherwise ``authorized by 
law,'' which includes both statutes expressly authorizing disclosure 
and properly promulgated substantive agency regulations authorizing 
disclosure based on a valid statutory interpretation. See Chrysler v. 
Brown, 441 U.S. 281, 294-316 (1979). For example, 19 U.S.C. 1514(e) 
grants the Secretary of the Treasury authority to provide, in the case 
of a negative USMCA determination, the entry number and any other entry 
information considered necessary to allow the exporter or producer, who 
is the subject of the determination and completed the certification of 
origin, to exercise its protest rights pursuant to 19 CFR part 174, 
except when there is a pattern of conduct of false or unsupported 
representations pursuant to 19 U.S.C. 1514(f).
    Thus, CBP is adding a new Sec.  182.2 to address CBP's 
responsibility to maintain the confidentiality of the USMCA-related 
information it receives from the public in accordance with existing 
statutory and regulatory requirements, including 19 CFR part 103, 6 CFR 
part 5, and all other applicable statutes and regulations, the legally 
permitted disclosures of this information that CBP is authorized to 
make to third parties and other USMCA countries, and the information 
sharing that is permissible with U.S. government authorities, including 
the Department of Labor with respect to the USMCA's labor value content 
requirements.
    Section 182.2 fulfills CBP's commitment under USMCA Article 7.22 to 
apply measures governing the protection, use, and disclosure of 
information collected from traders. Section 182.2 is focused on USMCA-
related disclosures of information collected from members of the trade 
community (traders). As discussed in more detail in Section III.F., 
Subpart G--Origin Verifications and Determinations below, the USMCA 
requires several notifications, unique to the USMCA, that permit 
authorized disclosures to importers, exporters, or producers of 
information collected from traders. Under the USMCA and the Uniform 
Regulations regarding origin procedures, the confidentiality 
requirements apply when CBP provides a determination of origin, 
originally issued to the exporter or producer, to the importer in 
accordance with USMCA Article 5.9.14 and the Uniform Regulations 
regarding origin procedures.
    In order to ensure compliance with the applicable U.S. statutory 
and regulatory provisions, CBP is also extending the confidentiality 
regulations in Sec.  182.2 to any of the notifications made during a 
verification that potentially involve information disclosures to third 
parties. These include CBP's notification of the initiation of a 
verification to the importer (Sec.  182.73(c)), sending a request for 
information to the exporter or producer prior to issuing a negative 
determination (Sec.  182.75(c)(1)), the issuance of a positive or 
negative determination of origin (Sec.  182.75), and the issuance of 
the intent to deny (Sec.  182.75(c)(3)). Section 182.2(b) also 
authorizes CBP to disclose confidential information collected from 
traders to U.S. government authorities responsible for the 
administration and enforcement of USMCA requirements, such as the 
information in the labor value content vehicle certifications to the 
Department of Labor. The provision that allows the importer, exporter, 
or producer to send information directly to CBP to protect its 
proprietary information is set forth in Sec.  182.72(c). See subpart G 
of part 182.
    While Sec.  182.2 is intended to address only USMCA-specific 
information collections and disclosures, CBP will continue to treat all 
confidential information received from the public, such as routine 
entry information, in accordance with existing statutory and regulatory 
requirements, including the routine uses of the systems of record 
notices (SORNs) for the trade systems maintained by CBP. As discussed 
above, the exchange of information between USMCA countries is governed 
by statutory authority (19 U.S.C. 1628).
Subpart B--Import Requirements
    Subpart B of part 182 (19 CFR 182.11-182.16) contains the USMCA 
import requirement provisions, as provided for in Chapter 5 of the 
USMCA, including the filing of a claim for preferential tariff 
treatment upon importation (Sec.  182.11), certification of origin 
requirements (Sec.  182.12), importer obligations (Sec.  182.13), 
certification of origin not required (Sec.  182.14), maintenance of 
records (Sec.  182.15), effect of noncompliance, and failure to provide 
documentation regarding transshipment (Sec.  182.16).
    Section 182.11, Filing of claim for preferential tariff treatment 
upon importation, sets forth the procedure for making a claim for 
preferential tariff treatment upon importation, the basis for making a 
claim, and the requirement that the importer correct a claim if it has 
reason to believe that the claim is based on inaccurate information or 
is otherwise invalid. In accordance with Article 5.2.1 of the USMCA, an 
importer may make a claim for USMCA preferential tariff treatment based 
on a certification of origin completed by the importer, exporter, or 
producer for the purpose of certifying that a good being exported from 
the territory of a USMCA country into the territory of another USMCA 
country qualifies as an originating good. An importer who makes a claim 
for preferential tariff treatment upon importation, pursuant to Sec.  
182.11(b), also qualifies for an exemption from the merchandise 
processing fee.
    Section 182.12, Certification of Origin, indicates the requirements 
for the certification of origin, consistent with Articles 5.2 and 5.3 
of the USMCA, including the specifics on what the certification of 
origin must contain, its

[[Page 35576]]

form, its basis, its applicability, and its validity.
    Section 182.14, Certification of origin not required, sets forth 
the types of importations, consistent with Article 5.5 of the USMCA, 
where an importer will not be required to submit a copy of a 
certification of origin. Unless Sec.  182.14(b) applies, an importer 
will not be required to submit a copy of a certification of origin for 
a non-commercial importation of a good; or a commercial importation for 
which the value of the originating goods does not exceed $2,500 in U.S. 
dollars.
    Section 182.15, Maintenance of records, contains the recordkeeping 
requirements, in accordance with Article 5.8.1 of the USMCA, that apply 
to an importer claiming USMCA preferential tariff treatment for a good 
imported into the United States. The importer must maintain the 
certification of origin and all records and documents that the importer 
has demonstrating that the good qualifies for preferential tariff 
treatment under the USMCA, including those related to transit and 
transshipment, for a minimum of five years from the date of importation 
of the good. These records are in addition to any other records that 
the importer is required to prepare, maintain, or make available to CBP 
under part 163.
    Pursuant to Sec.  182.16(a), if the importer fails to comply with 
applicable requirements under this subpart, including submission of a 
complete certification of origin prepared in accordance with Sec. Sec.  
182.12 and 182.14, when requested, CBP may deny preferential tariff 
treatment to imported goods. In addition, pursuant to Sec.  182.16(b), 
CBP may deny preferential tariff treatment to an originating good if 
the good is transported outside the territories of the USMCA countries, 
and at the request of CBP, the importer of the good does not provide 
evidence demonstrating to the satisfaction of CBP that the transit and 
transshipment conditions of the USMCA were met.
Subpart C--Export Requirements
    Subpart C of part 182 (19 CFR 182.21) sets forth the obligations of 
an exporter or producer who completes a certification of origin for a 
good exported from the United States to Canada or Mexico. These export 
requirements are in accordance with Article 5.6 of the USMCA. These 
requirements include the submission of the certification of origin to 
CBP upon request, and a requirement to provide prompt notification of 
errors in the certification of origin that could affect its accuracy or 
validity to every person to whom the certification was provided, 
including CBP.
    Paragraph (c) of Sec.  182.21 sets forth the recordkeeping 
requirements, in accordance with Article 5.8.2 of the USMCA, that apply 
to an exporter or producer who completes a certification of origin or a 
producer who provides a written representation for a good exported from 
the United States to Canada or Mexico. These records must be maintained 
as provided for in 19 CFR 163.5 and must be stored and made available 
for examination and inspection by the appropriate CBP official in the 
same manner as provided in part 163. As discussed in Section III.E. 
Part 163 above, to impose these recordkeeping requirements on the USMCA 
exporters and producers, CBP had to make conforming amendments to 19 
CFR 163.2(c).
Subpart D--Post-Importation Duty Refund Claims
    Subpart D of part 182 (19 CFR 182.31-182.33) sets forth the 
provisions related to post-importation claims for preferential tariff 
treatment. Under 19 U.S.C. 1520(d), CBP may reliquidate an entry to 
refund any excess duties paid at importation on a good qualifying for 
preferential tariff treatment under the rules of origin for certain 
enumerated trade agreements for which a claim for preferential tariff 
treatment was not filed at importation (1520(d) claims). 
Notwithstanding the fact that a valid protest was not filed, and 
provided a claimant files the required documents as described in 19 CFR 
182.32(b), this provision allows the claimant to receive refunds for 
any excess duties. See 19 U.S.C. 1520(d).
    Section 182.31 sets forth the right to make this post-importation 
claim for preferential tariff treatment. Specifically, where a good 
would have qualified as an originating good when it was imported into 
the United States but no claim for preferential tariff treatment was 
made, the importer of that good may file a claim for a refund of any 
excess duties at any time within one year after the date of importation 
of the good in accordance with the procedures set forth in Sec.  
182.32. CBP may refund any excess duties by liquidation or 
reliquidation of the entry covering the good in accordance with Sec.  
182.33 of this subpart.
    As described above, on December 27, 2020, the Appropriations Act 
was enacted with Title VI of the Act setting forth technical 
corrections to the USMCA Act. Prior to the enactment of the 
Appropriations Act and the technical corrections, section 205(a)(1)(C) 
of the USMCA Act only permitted an importer who made a claim for USMCA 
preferential tariff treatment upon importation pursuant to Sec.  
182.11(b) to qualify for an exemption from the merchandise processing 
fee while importers who filed a USMCA post-importation claim under 19 
U.S.C. 1520(d) (1520(d) claim) were limited to the refund of any excess 
duties paid at importation and were specifically excluded from 
receiving the refund of any merchandise processing fees paid at 
importation. Section 601(e) of Title VI of the Appropriations Act 
amended 19 U.S.C. 1520(d) to allow the refund of merchandise processing 
fees for USMCA post-importation claims. This change is retroactively 
effective as of July 1, 2020, USMCA's entry into force date, and 
authorizes CBP to issue refunds of the merchandise processing fees for 
USMCA post-importation claims.
Subpart E--Restrictions on Drawback and Duty-Deferral Programs
    Subpart E of part 182 (19 CFR 182.41-182.54) sets forth the 
provisions regarding drawback claims and duty-deferral programs, as 
provided for under Article 2.5 of the USMCA, and applies to any good 
that is a ``good subject to USMCA drawback'' within the meaning of 19 
U.S.C. 4534. Drawback, as generally provided for in section 313 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1313), is the refund or 
remission, in whole or in part, of duties, taxes, and fees imposed and 
paid under Federal law upon entry or importation.
    The requirements and procedures set forth in subpart E for USMCA 
drawback are in addition to the general definitions, requirements, and 
procedures for drawback claims set forth in part 190 of title 19 of the 
CFR, unless otherwise specified. Further, the requirements and 
procedures of subpart E are also in addition to those for manipulation, 
manufacturing, and smelting and refining warehouses contained in parts 
19 and 144, for foreign trade zones under part 146, and for temporary 
importations under bond in part 10.
    Subpart E contains sections on applicability (Sec.  182.41), duties 
and fees not subject to drawback (Sec.  182.42), eligible goods subject 
to USMCA drawback (Sec.  182.43), calculation of drawback (Sec.  
182.44)--which includes the lesser of duty rule for USMCA drawback at 
Sec.  182.44(a), goods eligible for full drawback (Sec.  182.45), 
filing of drawback claim (Sec.  182.46), completion of claim for 
drawback (Sec.  182.47), retention of records (Sec.  182.49), 
liquidation and payment of drawback claims (Sec.  182.50), prevention 
of

[[Page 35577]]

improper payment of claims (Sec.  182.51), subsequent claims for 
preferential tariff treatment (Sec.  182.52), verification of claim for 
drawback, and waiver or reduction of duties (Sec.  182.54). Certain 
sections and paragraphs in subpart E of part 182 remain reserved. CBP 
is reviewing these reserved sections and paragraphs because of 
outstanding policy considerations and they will be addressed in a 
subsequent rulemaking. With the exception of the specific sections 
discussed below, the USMCA drawback provisions contained in subpart E 
are substantially similar to the NAFTA drawback provisions contained in 
part 181.
    In Sec.  182.44(d), Substitution manufacturing drawback under 19 
U.S.C. 1313(b), CBP is allowing substitution using the 8-digit HTSUS 
subheading number standard for the USMCA. See 19 U.S.C. 4534(b). This 
8-digit HTSUS subheading number standard is the standard previously 
provided for in section 906, Drawback and Refunds, of the Trade 
Facilitation and Trade Enforcement Act of 2015 (TFTEA) (Pub. L. 114-
125, 130 Stat. 122, February 24, 2016). CBP is adding a paragraph 
(d)(2), Special rule for sought chemical elements, in Sec.  182.44, 
that was not part of NAFTA drawback. This paragraph (d)(2) is intended 
to clarify the term ``same kind and quality'' as it applies to sought 
chemical elements.
    The USMCA drawback provisions in Sec.  182.45 include a few 
differences from NAFTA drawback. In Sec.  182.45, CBP has made changes 
to paragraph (d), Certain goods exported to Canada or Mexico, 
regarding, inter alia, certain sugar tariffs that are excluded from the 
lesser of duty rule as provided for in 19 U.S.C. 4534(a)(6). In Sec.  
182.45, CBP also has added new paragraph (e), Certain goods exported to 
Canada, as provided for in 19 U.S.C. 4534(a)(7) and (a)(8), and a new 
paragraph (f), Certain goods that are exported or deemed exported, as 
provided for in 19 U.S.C. 4534(a)(3).
    The USMCA did not provide for the time or method of filing a USMCA 
drawback claim. Accordingly, CBP has made conforming changes to the 
procedures in Sec.  182.46, Filing of drawback claim, to better align 
with the general requirements of part 190, Modernized Drawback, as 
provided for in 19 U.S.C. 1313, as amended. These conforming changes 
will ensure a more uniform approach to the filing and processing of all 
drawback claims by requiring claims to be filed within 5 years after 
the date of importation and to be transmitted electronically in the 
Automated Commercial Environment (ACE).
Subpart G--Origin Verifications and Determinations
    Subpart G of part 182 (19 CFR 182.71-182.76) contains the general 
USMCA verification and determination of origin provisions, including 
the applicability of these provisions (Sec.  182.71), verification of 
claim for preferential tariff treatment (Sec.  182.72), notification 
and response procedures (Sec.  182.73), verification visit procedures 
(Sec.  182.74), determinations of origin (Sec.  182.75), and repeated 
false or unsupported preference claims (Sec.  182.76).
    Section 182.71, Applicability, states that subpart G contains the 
general origin verification and determination provisions applicable to 
goods claiming USMCA preferential tariff treatment. USMCA Articles 5.9 
and 5.10 and the Uniform Regulations regarding origin procedures 
address general verification and determinations of origin.
    Additional verification procedures that apply to textile and 
apparel goods and automotive goods will be set forth in Subpart H, 
Textile and Apparel Goods, and Subpart I, Automotive Goods, in part 
182. These subparts will be included in a subsequent rulemaking to be 
published in the Federal Register at a later date. Please refer to the 
CBP website at https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA for more information, including 
the U.S. USMCA Implementing Instructions, regarding verifications of 
textile and apparel goods and automotive goods.
    Section 182.72, Verification of claim for preferential tariff 
treatment, describes the means that CBP may use to conduct a 
verification, contains the provisions related to verifications of a 
material, states that CBP will accept information directly from the 
importer, exporter, or producer during a verification, and contains the 
accounting principles that apply to a verification. A claim for USMCA 
preferential tariff treatment will be subject to such verification as 
CBP deems necessary. A verification described in subpart G of part 182 
may be conducted by a Center of Excellence and Expertise (Center) or by 
Regulatory Audit and Agency Advisory Services. In accordance with USMCA 
Article 5.9.2, CBP may initiate the verification of goods imported into 
the United States under the USMCA with the importer, or with the 
exporter or producer who completed the certification of origin.
    A verification of a claim for USMCA preferential tariff treatment 
may be conducted by means of one or more of the following: Requests for 
information, including documents, from the importer, exporter, or 
producer; questionnaires seeking information, including documents, from 
the importer, exporter, or producer; verification visits to the 
premises of the exporter or producer in Mexico or Canada in order to 
request information, including documents, and to observe production 
processes and facilities; and any other procedure to which the USMCA 
countries may agree.
    As described in Sec.  182.72(b), when conducting a verification of 
a good imported into the United States, CBP may conduct a verification 
of the material that is used in the production of that good. A 
verification of a material producer may be conducted pursuant to any of 
the verification means set forth in Sec.  182.72(a). Please note that 
CBP believes that the term ``material producer'' and our application of 
the verification of materials in part 182 to be sufficiently broad to 
encompass a verification of either a material producer or a material 
supplier. CBP encourages public comment on this issue, including 
whether a material supplier should be separately accounted for in the 
regulations. In accordance with the Uniform Regulations regarding 
origin procedures,\7\ with the exception of the notification to the 
importer of the initiation of a verification (Sec.  182.73(c)) and the 
determination of origin provisions (Sec.  182.75), subpart G applies 
when CBP is conducting a verification of a material.
---------------------------------------------------------------------------

    \7\ See Uniform Regulations regarding origin procedures, Origin 
Verifications Section, paragraph 10, which states that where the 
customs administration of a USMCA country, in conducting an origin 
verification of a good imported into its territory under USMCA 
Article 5.9, conducts an origin verification of a material that is 
used in the production of the good, the origin verification of that 
material is expected to be conducted in accordance with the 
procedures set out in: USMCA Article 5.9(1), (5), (7 through 11), 
(13), and (18); and paragraphs 3, 6, 13, 14, and 15 of the Origin 
Verifications Section of the Uniform Regulations regarding origin 
procedures.
---------------------------------------------------------------------------

    Section 182.73, Notification and response procedures, contains the 
notification and response procedures for requests for information, 
questionnaires, and verification visits. Paragraph (a) specifies the 
contents of a request for information and a questionnaire, in 
accordance with USMCA Article 5.9.5, and that the importer, exporter, 
or producer must make records available for inspection by a CBP 
official during a verification. Paragraph (b) states that, prior to 
conducting a verification visit in Canada or Mexico, CBP will provide 
the exporter or producer with a notification stating the intent to 
conduct a verification visit, and provides the contents of that 
notification in

[[Page 35578]]

accordance with USMCA Article 5.9.5. Paragraph (c) sets forth the 
importer notification that is required, pursuant to USMCA Article 5.9.6 
and the Uniform Regulations regarding origin procedures, when CBP 
initiates a verification with the exporter or producer. Paragraph (d) 
provides the means of communication that CBP may use to contact the 
exporter or producer. In accordance with USMCA Article 5.9.18, all 
communication to the exporter or producer will be sent by any means 
that can produce a confirmation of receipt, with the Uniform 
Regulations regarding origin procedures specifying the specific means. 
Paragraph (e) contains information regarding when the time periods in 
subpart G begin, and paragraph (f) sets forth the amount of time that 
the importer, exporter, or producer has to respond to a request for 
information and a questionnaire, and that an exporter or producer has 
to consent to or deny the verification visit.
    Section 182.74, Verification visit procedures, sets forth the 
verification visit procedures applicable to CBP when it is conducting a 
verification visit of an exporter or producer in Canada or Mexico. CBP 
may conduct a verification visit of the exporter or producer's premises 
in-person or remotely. The same verification visit procedures apply to 
both in-person and remote verification visits, including the 
notification of a verification visit to the exporter or producer whose 
premises are to be visited (Sec.  182.73(b)), the response time for 
responding to a notification of a verification visit (Sec.  
182.73(f)(2)), the written consent required prior to the verification 
visit (Sec.  182.74(a)), the option to request a postponement of the 
visit (Sec.  182.74(b)), the records that must be made available for 
inspection by a CBP official conducting the verification, the 
facilities provided for that inspection (Sec.  182.74(c)), and the 
right to have observers (Sec.  182.74(d)).
    Section 182.75, Determinations of origin, sets forth the contents 
of a determination of origin and the parties that will receive the 
determination of origin. While USMCA Article 5.9.14 only requires that 
a USMCA country provide a written determination of origin to the 
importer, and the exporter or producer that completed the certification 
of origin and is the subject of a verification, CBP has decided to 
extend the parties to whom it will issue a determination of origin. As 
stated in Sec.  182.75(b), CBP will issue the determination of origin 
to the importer, and to the exporter or producer who is subject to the 
verification and either completed the certification of origin or 
provided information directly to CBP during the verification to ensure 
that the same parties receive both the intent to deny and the 
determination of origin. This determination of origin will be issued to 
these parties within 120 days or, in exceptional cases and upon 
notification to the appropriate parties, within 210 days, after CBP has 
determined that it has received all the information necessary to issue 
a determination in accordance with USMCA Article 5.9.15.
    USMCA Article 5.9.15 requires the USMCA country conducting the 
verification to, as expeditiously as possible and within 120 days after 
it has received all the information necessary (including any 
information collected pursuant to a verification request to an exporter 
or producer) to make the determination and provide the written 
determination to the appropriate parties. The Uniform Regulations 
regarding origin procedures further clarify that ``all the information 
necessary'' includes information that may be required regarding the 
materials used in the production of a good or any assistance requested 
under USMCA Article 5.9.8 during a verification from another USMCA 
country. Pursuant to USMCA Article 5.9.15, the USMCA country may extend 
this 120-day period, in exceptional cases, for up to 90 days after 
notifying the importer, and any exporter or producer who is subject the 
verification or provided information during the verification. CBP has 
decided to provide this notification of the extension to all parties to 
whom it will issue a determination of origin pursuant to 19 CFR 
182.75(b), including to the exporter or producer who is subject to the 
verification and either completed the certification of origin or 
provided information directly to CBP during the verification.
    Paragraph (c) of Sec.  182.75 contains the provisions that apply to 
negative determinations of origin when CBP intends to deny USMCA 
preferential tariff treatment. This paragraph sets forth the 
circumstances under which CBP must send a request for information to 
the exporter or producer prior to issuing a negative determination in 
accordance with USMCA Article 5.9.4, the reasons that CBP may deny 
preferential tariff treatment, the intent to deny provision, and the 
additional requirements that apply when CBP issues a negative 
determination. Paragraph (c)(2) contains the reasons that CBP may deny 
USMCA preferential tariff treatment as set forth in USMCA Article 
5.10.2. CBP will amend paragraph (c)(2) in a subsequent rulemaking to 
be published in the Federal Register at a later date to reflect the 
application of the USMCA Article 5.10.2 reasons for denial to textile 
and apparel goods and automotive goods and to ensure that paragraph 
(c)(2) contains a comprehensive list of the reasons for denial with the 
appropriate cross-references.
    As described above, pursuant to USMCA Article 5.9.16, prior to 
issuing a written determination of origin, if the USMCA country intends 
to deny USMCA preferential tariff treatment, the USMCA country must 
inform the importer, and any exporter or producer who is subject to the 
verification and provided information during the verification, of the 
preliminary results of the verification and provide those persons with 
a notice of intent to deny. Paragraph (c)(3) of Sec.  182.75 contains 
the intent to deny provision, including that CBP will inform the 
importer, and the exporter or producer who is subject to the 
verification and either completed the certification of origin or 
provided information directly to CBP during the verification, of CBP's 
intent to deny preferential tariff treatment. As discussed above, CBP 
has decided to extend the parties who receive an intent to deny, beyond 
the requirements in USMCA Article 5.9.16, to ensure that the same 
parties receive the intent to deny and the determination of origin. The 
intent to deny will contain the preliminary results of the 
verification, the effective date of the denial of preferential tariff 
treatment, and a notice to the importer, exporter, or producer that CBP 
will provide 30 days to submit additional information, including 
documents, related to the preferential tariff treatment of the good. 
Pursuant to paragraph (c)(4), if, 30 days after the importer receives 
the intent to deny, CBP determines that one or more of the reasons for 
the denial of preferential tariff treatment continues to apply, CBP 
will issue a negative determination of origin. In addition to the 
contents of the determination set forth in Sec.  182.75(a), a negative 
determination of origin will provide the exporter or producer with the 
information necessary to file a protest as provided for in 19 U.S.C. 
1514(e) and part 174, unless CBP determines that there is a pattern of 
conduct of false or unsupported representations pursuant to Sec.  
182.76. Pursuant to 19 U.S.C. 1514(e), CBP is authorized to provide 
exporters or producers who receive a negative determination of origin 
with the entry number and any other entry information considered 
necessary to allow the exporter or producer to exercise its protest 
rights under 19 U.S.C. 1514 and

[[Page 35579]]

part 174, unless CBP determines that there is a pattern of conduct of 
false or unsupported representations pursuant to 19 U.S.C. 1514(f). CBP 
will be amending part 174 to allow exporters and producers to exercise 
their protest rights in a subsequent rulemaking to be published in the 
Federal Register at a later date.
    Section 182.76, Repeated false or unsupported preference claims, 
states that, in accordance with USMCA Article 5.9.17, if a verification 
reveals a pattern of conduct by the importer, exporter, or producer of 
false or unsupported representations that a good imported into the 
United States qualifies for USMCA preferential tariff treatment, CBP 
may withhold preferential tariff treatment for entries of identical 
goods until CBP determines that representations of that person are in 
conformity with part 182 and with General Note 11, HTSUS.
    As explained in more detail above in Section III.F., Subpart A--
General Provisions, CBP has a duty to ensure the protection of 
confidential business information. In order to ensure compliance with 
the applicable U.S. statutory and regulatory provisions, CBP has 
decided to apply the confidentiality regulations in Sec.  182.2 to any 
of the notifications made during a verification that potentially 
involve information disclosures to third parties. These include CBP's 
notification of the initiation of a verification to the importer (Sec.  
182.73(c)), sending a request for information to the exporter or 
producer prior to issuing a negative determination (Sec.  
182.75(c)(1)), the issuance of a positive or negative determination of 
origin (Sec.  182.75), and the issuance of the intent to deny (Sec.  
182.75(c)(3)). The provision that allows the importer, exporter, or 
producer to send information directly to CBP to protect its proprietary 
information is set forth in Sec.  182.72(c).
Subpart I--Automotive Goods
    Subpart I of part 182 pertains to automotive goods. The regulations 
in subpart I, which are currently reserved as Sec. Sec.  182.91-182.93, 
may be more expansive than previously anticipated. To allow for this 
possibility, the numbering structure of the regulations in subpart J 
has been modified, as explained below. The actual text of the subpart I 
regulations will be included in a subsequent rulemaking to be published 
in the Federal Register at a later date.
Subpart J--Commercial Samples and Goods Returned After Repair or 
Alteration
    Subpart J (19 CFR 182.111-182.112) provides for the duty-free 
treatment of commercial samples of negligible value and goods re-
entered after repair or alteration in Canada or Mexico. The regulations 
in subpart J, which were previously reserved as Sec.  182.101 and Sec.  
182.102, are redesignated as Sec.  182.111 and Sec.  182.112 due to 
changes in the numbering structure of subpart I of part 182, discussed 
above.
Commercial Samples
    Section 182.111 defines commercial samples of negligible value, 
based on Article 2.1 of the USMCA, as commercial samples which have a 
value, individually or in the aggregate as shipped, of not more than 
one U.S. dollar, or the equivalent amount in the currency of Canada or 
Mexico; or which are so marked, torn, perforated, or otherwise treated 
that they are unsuitable for sale or for use except as commercial 
samples. These commercial samples of negligible value qualify for duty-
free entry from Canada or Mexico, in accordance with Article 2.9 of the 
USMCA, only if the samples are imported solely for the purpose of 
soliciting orders for foreign goods or services.
Goods Re-Entered After Repair or Alteration in Canada or Mexico
    Section 182.112 sets forth the rules that apply for purposes of 
obtaining duty-free treatment on goods returned after repair or 
alteration in Canada or Mexico. This section also contains the 
conditions under which these goods are not eligible for duty-free 
treatment and provides the documentation requirements. The documentary 
requirements set forth in Sec.  10.8(a), (b), and (c) apply to goods 
claiming duty-free treatment under Sec.  182.112. While CBP is aware 
that under ordinary circumstances Sec.  10.8 applies to articles 
claimed to be subject to duty on the value of the repairs or 
alterations performed abroad, for purposes of the USMCA, the same 
documentation requirements in Sec.  10.8(a), (b), and (c) apply in 
connection with the entry of goods returned after repairs or 
alterations from Canada or Mexico which are claimed to be duty-free 
under the USMCA.
Subpart K--Penalties
    Subpart K of part 182 (19 CFR 182.121-182.124) sets forth penalties 
provisions, including those related to general penalties under the 
USMCA (Sec.  182.121), corrected claim or certification of origin by 
importers (Sec.  182.122), corrected certification of origin by U.S. 
exporters or producers (Sec.  182.123), and the framework for 
correcting claims or certifications of origin (Sec.  182.124). The 
regulations in subpart K, which were previously reserved as Sec. Sec.  
182.111-182.114, are redesignated as Sec. Sec.  182.121-182.124 due to 
changes in the numbering structure of subparts I and J of part 182, as 
discussed above. These provisions are in accordance with Articles 5.13, 
5.4.2, 5.6.3, and 7.18 of the USMCA.
    As stated in Sec.  182.121, except as otherwise provided in subpart 
K, all criminal, civil, or administrative penalties which may be 
imposed on U.S. importers, exporters, and producers for violations of 
the customs and related U.S. laws and regulations will also apply to 
U.S. importers, exporters, and producers for violations of the U.S. 
laws and regulations relating to the USMCA. An importer who makes a 
corrected claim or certification of origin, and an exporter or producer 
who provides written notification of an incorrect certification of 
origin will not be subject to civil or administrative penalties under 
19 U.S.C. 1592 if the corrected claim, certification of origin, or 
written notification is made promptly and voluntarily. Section 182.124, 
Framework for correcting claims or certifications of origin, defines 
``promptly and voluntarily'' for these purposes, provides that in cases 
involving fraud or subsequent incorrect claims a person may not 
voluntarily correct a claim or certification of origin, sets forth the 
requirements for the statement that must accompany each corrected claim 
or certification of origin, and requires that a U.S. importer who makes 
a corrected claim must tender any actual loss of duties and merchandise 
processing fees, if applicable.

G. Part 190

    Part 190, Modernized Drawback, sets forth the general provisions 
applicable to all drawback claims and specialized provisions applicable 
to specific types of drawback claims filed under 19 U.S.C. 1313, as 
amended. CBP is amending part 190 to make conforming edits to include 
USMCA drawback claims. The scope provision in Sec.  190.0 is amended to 
clarify that additional drawback provisions relating to the USMCA are 
contained in subpart E of part 182. Section 190.0a addresses claims 
filed under NAFTA and CBP is amending the paragraph heading of Sec.  
190.0a to reflect that this section is applicable to claims filed under 
both NAFTA and the USMCA. Section 190.0a

[[Page 35580]]

is also amended to clarify that USMCA drawback claims filed under the 
provisions of part 182 must be filed separately from claims filed under 
the provisions of part 190 (currently it only lists NAFTA drawback 
claims filed under part 181). And lastly, Sec.  190.51 provides the 
process for completion of drawback claims and CBP is making conforming 
changes such as referencing the USMCA and part 182 to indicate that the 
same process is used for both NAFTA drawback and USMCA drawback claims.

IV. Statutory and Regulatory Requirements

A. Administrative Procedure Act

    Under section 553 of the Administrative Procedure Act (APA) (5 
U.S.C. 553), agencies generally are required to publish a notice of 
proposed rulemaking in the Federal Register that solicits public 
comment on the proposed regulatory amendments, consider public comments 
in deciding on the content of the final amendments, and publish the 
final amendments at least 30 days prior to their effective date. This 
rule is exempt from APA rulemaking requirements pursuant to 5 U.S.C. 
553(a)(1) as a foreign affairs function of the United States because it 
is promulgating several of the U.S. domestic regulations necessary to 
implement the preferential tariff treatment and customs related 
provisions of the USMCA, which is a trilateral agreement negotiated 
between the United States, Mexico, and Canada. However, CBP is 
soliciting comments on this IFR and will consider all comments received 
before issuing a final rule.
    For the same reasons, a delayed effective date is not required 
under 5 U.S.C. 553(d)(3). The USMCA entered into force on July 1, 2020. 
CBP provided guidance to the public on how to comply with the 
requirements of the USMCA by posting on the CBP website, available at 
https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA, the U.S. USMCA Implementing Instructions, which were 
issued on March 25, 2020 and updated on June 30, 2020. The provisions 
of this IFR codify several of these Implementing Instructions. A 
delayed effective date would cause additional confusion and would be 
impractical, unnecessary, and contrary to public interest.

B. Executive Orders 13563 and 12866

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    Rules involving the foreign affairs function of the United States 
are exempt from the requirements of Executive Orders 13563 and 12866. 
Because this rule involves a foreign affairs function of the United 
States by implementing a trilaterally negotiated agreement between the 
United States, Mexico, and Canada, this rule is not subject to the 
provisions of Executive Orders 13563 and 12866.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
notice of proposed rulemaking is not necessary for this rule, CBP is 
not required to prepare a regulatory flexibility analysis for this 
rule.

D. Paperwork Reduction Act

    The collection of information in this document has been approved by 
OMB in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) 
under OMB control numbers 1651-0117, 1651-0098, and 1651-0023. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a valid 
control number assigned by OMB. The collections of information and 
recordkeeping requirements related to this rule have been approved by 
OMB under an emergency revision and extension of collection number 
1651-0117 (Free Trade Agreements), an emergency revision of collection 
number 1651-0098 (NAFTA Regulations and Certificate of Origin), and an 
emergency revision and extension of collection number 1651-0023 (CBP 
Form 28 Request For Information). The revision of collection number 
1651-0117 is necessary for CBP to collect the information needed to 
implement the USMCA. The revision of collection number 1651-0023 is 
necessary to reflect an increase in burden hours due to the use of CBP 
Form 28 for an additional purpose: Requesting additional information 
needed for enforcing the USMCA. The revision of collection number 1651-
0098 is necessary to reflect the reduction in burden hours that results 
from the USMCA superseding NAFTA and the repeal of the NAFTA 
Implementation Act, as of the USMCA's entry into force date of July 1, 
2020. Importers, who did not claim preferential tariff treatment at the 
time of importation, have one year from the date of importation of the 
originating goods to file post-importation claims. These importers may 
need to use the NAFTA Certificate of Origin to file a post-importation 
claim for goods from Canada and Mexico entered for consumption, or 
withdrawn from warehouse for consumption, prior to July 1, 2020 during 
that one-year time period. Once one year has elapsed, CBP will 
discontinue this information collection. The likely respondents for 
these information collections are importers, exporters, producers, and 
customs brokers.
    The information collection requirements will result in the 
following estimated burden hours:
Free Trade Agreements
    Estimated Number of Annual Respondents: 4,699,460.
    Estimated Number of Annual Responses per Respondent: 1.00034.
    Estimated Total Annual Responses: 4,701,060.
    Estimated Time per Response: 2 hours.
    Estimated Total Annual Burden Hours: 9,402,120.
NAFTA Certificate of Origin
    Estimated Number of Annual Respondents: 13,000.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Total Annual Responses: 13,000.
    Estimated Time per Response: 2 hours.
    Estimated Total Annual Burden Hours: 26,000.
NAFTA Questionnaire
    Estimated Number of Annual Respondents: 400.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Total Annual Responses: 400.
    Estimated Time per Response: 2 hours.
    Estimated Total Annual Burden Hours: 800.

[[Page 35581]]

NAFTA Motor Vehicle Averaging Election
    Estimated Number of Annual Respondents: 11.
    Estimated Number of Annual Responses per Respondent: 1.28.
    Estimated Total Annual Responses: 14.
    Estimated Time per Response: 1 hour.
    Estimated Total Annual Burden Hours: 14.
CBP Form 28 Request for Information
    Estimated Number of Annual Respondents: 62,000.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Total Annual Responses: 62,000.
    Estimated Time per Response: 2 hours.
    Estimated Total Annual Burden Hours: 124,000.
    Comments concerning the collection of information and the accuracy 
of the estimated annual burden, and suggestions for reducing that 
burden, should be directed to the Office of Management and Budget, 
Attention: Desk Officer for Customs and Border Protection, Department 
of Homeland Security, Office of Information and Regulatory Affairs, 
Washington, DC 20503. A copy should also be sent to the Trade and 
Commercial Regulations Branch, Regulations and Rulings, U.S. Customs 
and Border Protection, 90 K Street NE, 10th Floor, Washington, DC 
20229-1177. Comments are specifically welcome on (a) whether the 
proposed collection of information is necessary for the proper 
performance of the mission of the agencies, and whether the information 
will have practical utility; (b) the accuracy of the estimate of the 
burden of the collections of information; (c) ways to enhance the 
quality, utility, and clarity of the information collection; (d) ways 
to minimize the burden of the information collection, including through 
the use of automated collection techniques or other forms of 
information technology; and (e) estimates of capital or start-up costs 
and costs of operation, maintenance, and purchase of services to 
maintain the information. Comments should be received on or before 
September 7, 2021.

V. Signing Authority

    This rulemaking is being issued in accordance with 19 CFR 
0.1(a)(1), pertaining to the authority of the Secretary of the Treasury 
(or that of his or her delegate) to approve regulations related to 
certain customs revenue functions.

List of Subjects

19 CFR Part 10

    Bonds, Exports, Imports, Reporting and recordkeeping requirements, 
Trade agreements.

19 CFR Part 102

    Canada, Mexico, Reporting and recordkeeping requirements, Trade 
agreements.

19 CFR Part 132

    Imports.

19 CFR Part 134

    Labeling, Packaging and containers.

19 CFR Part 163

    Administrative practice and procedure, Exports, Imports, Penalties, 
Reporting and recordkeeping requirements.

19 CFR Part 182

    Administrative practice and procedure, Canada, Exports, Mexico, 
Reporting and recordkeeping requirements, Trade agreements.

19 CFR Part 190

    Alcohol and alcoholic beverages, Claims, Exports, Foreign trade 
zones, Guantanamo Bay Naval Station, Cuba, Packaging and containers, 
Reporting and recordkeeping requirements, Trade agreements.

    For the reasons stated above, amend parts 10, 102, 132, 134, 163, 
182, and 190 of title 19 of the Code of Federal Regulations as set 
forth below.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

0
1. The general authority citation for part 10 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 
1498, 1508, 1623, 1624, 4513.


Sec.  10.8  [Amended]

0
2. In Sec.  10.8(a)(2) amend the declaration by adding the words 
``(unless subject to USMCA drawback)'' after the words ``without the 
benefit of drawback.''

PART 102--RULES OF ORIGIN

0
3. The general authority citation for part 102 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1624, 3592, 4513.


Sec.  102.0  [Amended]

0
4. Amend Sec.  102.0 as follows:
0
a. In the beginning of the second sentence, remove the word ``These'' 
and add in its place the words ``Under NAFTA, these''; and
0
b. Add a new third sentence.
    The addition reads as follows:


Sec.  102.0  Scope. * * * The rules set forth in Sec. Sec.  102.1 
through 102.18 and 102.20 also determine the country of origin for 
marking purposes of imported goods under the Agreement Between the 
United States of America, the United Mexican States, and Canada 
(USMCA). * * *

* * * * *

0
5. In Sec.  102.1:
0
a. Paragraph (a) is amended by removing the reference to ``(m)(5), 
(m)(6), and (m)(7)'' and adding in its place the reference to ``(n)(5), 
(n)(6), and (n)(7)'';
0
b. Paragraph (i) is amended by removing the reference to ``(m)(5), 
(m)(6), and (m)(7)'' and adding in its place the reference to ``(n)(5), 
(n)(6), and (n)(7)'';
0
c. Paragraphs (l) through (p) are redesignated as paragraphs (m) 
through (q);
0
d. A new paragraph (l) is added;
0
e. In redesignated paragraph (q)(1), add the words ``under NAFTA'' 
after the word ``good'';
0
f. In redesignated paragraph (q)(2), add the words ``under NAFTA'' 
after the word ``material''; and
0
g. Add paragraph (q)(3).
    The additions read as follows:


Sec.  102.1  Definitions.

* * * * *
    (l) Inventory management method. ``Inventory management method'' 
means:
    (1) Averaging;
    (2) ``Last-in, first-out;''
    (3) ``First-in, first-out;'' or
    (4) Any other method that is recognized in the Generally Accepted 
Accounting Principles (GAAP) of the country in which the production is 
performed or is otherwise accepted by that country.
* * * * *
    (q) * * *
    (3) In the case of a good or material under the USMCA, its customs 
value or transaction value within the meaning of Appendix A to part 182 
of this chapter.


Sec.  102.11  [Amended]

0
6. Amend Sec.  102.11(b)(2) by removing the phrase ``provided under the 
appendix to part 181 of this chapter''.


Sec.  102.12  [Amended]

0
7. Amend Sec.  102.12(b) by removing the phrase ``provided under the 
appendix to part 181 of the Customs Regulations''.

[[Page 35582]]

Sec.  102.19  [Amended]

0
8. In Sec.  102.19, add paragraph (c) to read as follows:


Sec.  102.19  NAFTA preference override.

* * * * *
    (c) Paragraphs (a) and (b) of this section apply only to goods 
entered for consumption, or withdrawn from warehouse for consumption, 
prior to July 1, 2020.

PART 132--QUOTAS

0
9. The general and specific authority citations for part 132 continue 
to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623, 1624.
    Sections 132.15, 132.17, and 132.18 also issued under 19 U.S.C. 
1202 (additional U.S. Note 3 to Chapter 2, HTSUS; additional U.S. 
Note 8 to Chapter 17, HTSUS; and subchapter II of Chapter 99, HTSUS, 
respectively), 1484, 1508.


Sec.  132.17  [Amended]

0
10. Amend Sec.  132.17 by revising the first sentence of paragraph (a) 
to read as follows:
    (a) * * * For sugar-containing products defined in 15 CFR 
2015.2(a), and as described in paragraph 15 of Appendix 2, Tariff 
Schedule of the United States--(Tariff Rate Quotas), to Annex 2-B of 
Chapter 2 of the Agreement Between the United States of America, the 
United Mexican States, and Canada (USMCA), for which preferential 
tariff treatment is claimed under the USMCA, and that are products of a 
participating country, as defined in 15 CFR 2015.2(e), the importer 
must possess a valid export certificate in order to claim the in-quota 
tariff rate of duty on the products at the time they are entered or 
withdrawn from warehouse for consumption. * * *
* * * * *

PART 134--COUNTRY OF ORIGIN MARKING

0
11. The general authority citation for part 134 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1304, 1624.


0
12. Amend Sec.  134.1 as follows:
0
a. Revise the second sentence of paragraph (b);
0
b. In paragraph (d), add the words ``or USMCA'' after the words ``good 
of a NAFTA'' each place it appears and remove the words ``NAFTA Marking 
Rules'' each place they appear and add in their place the words ``part 
102 Rules'';
0
c. In paragraph (g):
0
i. Add the words ``or USMCA'' after the term ``NAFTA'' in the paragraph 
heading;
0
ii. Add the words ``or USMCA'' after the words ``good of a NAFTA''; and
0
iii. Remove the words ``NAFTA Marking Rules'' and add in their place 
the words ``part 102 Rules'';
0
e. Add a second sentence to paragraph (h);
0
f. Revise paragraph (i);
0
g. Revise paragraph (j); and
0
h. Add paragraph (l).
    The revisions and additions read as follows:


Sec.  134.1  Definitions.

* * * * *
    (b) * * * Further work or material added to an article in another 
country must effect a substantial transformation in order to render 
such other country the ``country of origin'' within the meaning of this 
part; however, for a good of a NAFTA or USMCA country, the marking 
rules set forth in part 102 of this chapter (hereinafter referred to as 
the part 102 Rules) will determine the country of origin.
* * * * *
    (h) * * * NAFTA is not applicable to goods entered for consumption, 
or withdrawn from warehouse for consumption, on or after July 1, 2020.
    (i) NAFTA or USMCA country. ``NAFTA or USMCA country'' means the 
territory of the United States, Canada or Mexico, as defined in Annex 
201.1 of NAFTA and Chapter 1, Section C of the USMCA.
    (j) Part 102 Rules. ``Part 102 Rules'' are the rules promulgated 
for purposes of determining whether a good is a good of a NAFTA 
country, as set forth in part 102 of this chapter. The rules also apply 
to determine the country of origin for marking purposes for goods 
imported under the USMCA.
* * * * *
    (l) USMCA. ``USMCA'' means the Agreement Between the United States 
of America, the United Mexican States, and Canada (USMCA), entered into 
force by the United States, Canada and Mexico on July 1, 2020.


Sec.  134.22  [Amended]

0
13. Amend Sec.  134.22 as follows:
0
a. In paragraph (b), add the words ``or USMCA'' after the term 
``NAFTA'';
0
b. In paragraph (d)(2):
0
i. Add the words ``or USMCA'' after the term ``NAFTA'' in the paragraph 
heading; and
0
ii. Add the words ``or USMCA'' after the term ``NAFTA'' in the first 
sentence; and
0
c. In paragraph (e)(1), add the words ``or USMCA'' after the term 
``NAFTA''.


Sec.  134.23  [Amended]

0
14. Amend Sec.  134.23(a) by adding the words ``or USMCA'' after the 
term ``NAFTA'' in the first sentence.


Sec.  134.24  [Amended]

0
15. Amend Sec.  134.24 by adding the words ``or USMCA'' after the term 
``NAFTA'' each place it appears.


Sec.  134.32  [Amended]

0
16. Amend Sec.  134.32 as follows:
0
a. In paragraph (h), add the words ``or USMCA'' after the term 
``NAFTA'';
0
b. In paragraph (p), add the words ``or USMCA'' after the term 
``NAFTA''; and
0
c. In paragraph (q), add the words ``or USMCA'' after the term 
``NAFTA''.


Sec.  134.35  [Amended]

0
17. Amend Sec.  134.35 as follows:
0
a. In paragraph (a), add the words ``or USMCA'' after the term 
``NAFTA'' in the paragraph heading;
0
b. In paragraph (b):
0
i. Add the words ``or USMCA'' after the term ``NAFTA'' in the paragraph 
heading;
0
ii. Add the words ``or USMCA'' after the words ``goods of a NAFTA'' in 
the first sentence; and
0
iii. Remove the words ``NAFTA Marking Rules'' and add in their place 
the words ``part 102 Rules''.


Sec.  134.43  [Amended]

0
18. Amend Sec.  134.43 by adding the words ``or USMCA'' after the term 
``NAFTA'' in each place it appears.


Sec.  134.45  [Amended]

0
19. Amend Sec.  134.45(a)(2) by adding the words ``or USMCA'' after the 
term ``NAFTA''.

PART 163--RECORDKEEPING

0
20. The general and specific authority citations for part 163 continue 
to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 
1624.
    Section 163.2 also issued under 19 U.S.C. 3904, 3907.


Sec.  163.0  [Amended]

0
21. Amend Sec.  163.0 as follows:
0
a. Add the words ``and the Agreement Between the United States of 
America, the United Mexican States, and Canada (USMCA)'' after the 
words ``North American Free Trade Agreement'';
0
b. Add the words ``and 182'' after the number ``181''.
0
22. Amend Sec.  163.2(c) by:

[[Page 35583]]

0
a. Adding the words ``and producers'' after the word ``exporters'' in 
the paragraph heading;
0
b. Redesignating paragraph (c)(2) as paragraph (c)(3);
0
c. Adding a new paragraph (c)(2).
    The addition reads as follows:


Sec.  163.2  Persons required to maintain records.

* * * * *
    (c) * * *
    (2) USMCA. Any exporter or producer who completes a certification 
of origin or a producer who provides a written representation for a 
good exported from the United States to Canada or Mexico pursuant to 
the Agreement Between the United States of America, the United Mexican 
States, and Canada (USMCA) must maintain records in accordance with 
part 182 of this chapter.
* * * * *

PART 182--UNITED STATES-MEXICO-CANADA AGREEMENT

0
23. The general and specific authority citations for part 182 are 
revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i) and General 
Note 11, Harmonized Tariff Schedule of the United States (HTSUS)), 
1624, 4513, 4535;
    Section 182.1 also issued under 19 U.S.C. 4502;
    Subpart D also issued under 19 U.S.C. 1520(d);
    Subpart E also issued under 19 U.S.C. 4534;
    Subpart 182.61 also issued under 19 U.S.C. 4531, 4532;
    Subpart G also issued under 19 U.S.C. 4533.

Subpart A--General Provisions

0
24. Add Sec.  182.1 to read as follows:


Sec.  182.1   General definitions.

    The definitions applicable to rules of origin are contained in 
Appendix A. This section sets forth the general definitions used 
throughout this part. As used in this part, the following terms will 
have the meanings indicated unless either the context in which they are 
used requires a different meaning or a different definition is 
prescribed for a particular section of this part:
    Canada, when used in a geographical rather than governmental 
context, means the ``Territory'' of Canada as defined in Appendix A to 
this part;
    Claim for preferential tariff treatment means a claim that a good 
is entitled to the customs duty rate applicable under the USMCA to an 
originating good and to an exemption from the merchandise processing 
fee;
    Commercial importation means the importation of a good into the 
United States, Canada, or Mexico for the purpose of sale, or any 
commercial, industrial, or other like use.
    Customs duty includes a duty or charge of any kind imposed on or in 
connection with the importation of a good, and any surtax or surcharge 
imposed in connection with such importation, but does not include any:
    (1) Charge equivalent to an internal tax imposed consistently with 
Article III:2 of the GATT 1994;
    (2) Fee or other charge in connection with the importation 
commensurate with the cost of services rendered;
    (3) Antidumping or countervailing duty; and
    (4) Premium offered or collected on an imported good arising out of 
any tendering system in respect of the administration of quantitative 
import restrictions, tariff-rate quotas, or tariff preference levels;
    Customs Valuation Agreement means the Agreement on Implementation 
of Article VII of the General Agreement on Tariffs and Trade 1994, set 
out in Annex 1A to the WTO Agreement;
    Days means calendar days, and includes Saturdays, Sundays and 
holidays;
    Enterprise means an entity constituted or organized under 
applicable law, whether or not for profit, and whether privately-owned 
or governmentally-owned or controlled, including a corporation, trust, 
partnership, sole proprietorship, joint venture, association or similar 
organization;
    Exporter means an exporter located in the territory of a USMCA 
country and an exporter required under this part to maintain records 
regarding exportations of a good;
    GATT 1994 means the General Agreement on Tariffs and Trade 1994, 
set out in Annex 1A to the WTO Agreement;
    Goods means merchandise, product, article, or material;
    Goods of a USMCA country means domestic products as these are 
understood in the GATT 1994 or such goods as the USMCA country may 
agree, and includes originating goods of a USMCA country;
    HTSUS means the Harmonized Tariff Schedule of the United States as 
promulgated by the U.S. International Trade Commission;
    Identical goods means goods that are the same in all respects, 
including physical characteristics, quality, and reputation, 
irrespective of minor differences in appearance that are not relevant 
to a determination of origin of those goods;
    Importer means an importer located in the territory of a USMCA 
country and an importer required under this part to maintain records 
regarding importations of a good;
    Indirect material means a material used or consumed in the 
production, testing, or inspection of a good but not physically 
incorporated into the good, or a material used or consumed in the 
maintenance of buildings or the operation of equipment associated with 
the production of a good, including:
    (1) Fuel and energy,
    (2) Tools, dies, and molds,
    (3) Spare parts and materials used or consumed in the maintenance 
of equipment or buildings,
    (4) Lubricants, greases, compounding materials and other materials 
used or consumed in production or used to operate equipment or 
buildings,
    (5) Gloves, glasses, footwear, clothing, safety equipment, and 
supplies,
    (6) Equipment, devices and supplies used or consumed for testing or 
inspecting the goods,
    (7) Catalysts and solvents, and
    (8) Any other material that is not incorporated into the good but 
if the use in the production of the good can reasonably be demonstrated 
to be a part of that production;
    Material means a good that is used in the production of another 
good, and includes a part or ingredient;
    Mexico, when used in a geographical rather than governmental 
context, means the ``Territory'' of Mexico as defined in Appendix A to 
this part;
    Originating, when used with regard to a good or material, means a 
good or material qualifying as originating under the rules of origin 
set forth in General Note 11, HTSUS, and in Appendix A to this part;
    Person means a natural person or an enterprise;
    Post-importation duty refund claim means a claim filed by the 
importer of a good for a refund of any excess customs duties at any 
time within one year after the date of importation of the good where 
the good would have qualified as an originating good when it was 
imported into the United States but no claim for preferential tariff 
treatment was made.
    Preferential tariff treatment means the customs duty rate 
applicable under the USMCA to an originating good;
    Producer means a person who engages in the production of a good;
    Series of importations means two or more customs entries covering a 
good arriving the same day from the same exporter and consigned to the 
same person;

[[Page 35584]]

    United States, when used in a geographical rather than governmental 
context, means the territory of the United States as defined in 
Appendix A to this part;
    Used means used or consumed in the production of a good;
    USMCA means the Agreement between the United States of America, the 
United Mexican States, and Canada, entered into force by the United 
States, Canada and Mexico on July 1, 2020.
    USMCA country means a Party to the USMCA;
    Value means the value of a good or material for the purpose of 
calculating customs duties or for the purpose of applying this part;
    WTO means the World Trade Organization; and
    WTO Agreement means the Marrakesh Agreement Establishing the World 
Trade Organization done at Marrakesh on April 15, 1994.

0
25. Add Sec.  182.2 to subpart A to read as follows:


Sec.  182.2   Confidentiality.

    (a) Maintaining confidentiality. Subject to paragraph (b) of this 
section, CBP must maintain the confidentiality of the information that 
it receives from the public when the information is considered trade 
secrets under the Trade Secrets Act (18 U.S.C. 1905), personally 
identifiable information under the Privacy Act (5 U.S.C. 552a), or 
privileged or confidential commercial or financial information. This 
information must be maintained as confidential in accordance with part 
103 of this chapter, 6 CFR part 5, and all other applicable statutes 
and regulations.
    (b) Authorized disclosures. CBP may only disclose the confidential 
information in paragraph (a) of this section to third parties and to 
other USMCA countries for purposes of administration or enforcement of 
the customs laws or if otherwise authorized by law, and pursuant to the 
routine uses of the systems of record notices (SORNs) for the trade 
systems maintained by CBP. This does not preclude the disclosure of 
confidential information to U.S. government authorities responsible for 
the administration and enforcement of USMCA requirements, such as the 
Department of Labor, and of customs and revenue matters.

Subpart B--Import Requirements

0
26. Add Sec.  182.11 to read as follows:


Sec.  182.11  Filing of claim for preferential tariff treatment upon 
importation.

    (a) Basis of claim. An importer may make a claim for USMCA 
preferential tariff treatment, including an exemption from the 
merchandise processing fee, based on a written or electronic 
certification of origin, as specified in Sec.  182.12, completed by the 
importer, exporter, or producer for the purpose of certifying that a 
good qualifies as an originating good.
    (b) Making a claim. The claim is made by including on the entry 
summary, or equivalent documentation, or by the method specified for 
equivalent reporting via a CBP-authorized electronic data interchange 
system, the letters ``S'' or ``S+'' as a prefix to the subheading of 
the HTSUS under which each originating good is classified.
    (c) Corrected claim. If, after making the claim specified in 
paragraph (b) of this section, the importer has reason to believe that 
the certification of origin is based on inaccurate information or is 
otherwise invalid, the importer must promptly and voluntarily correct 
the claim or certification of origin, pay any duties that may be due, 
and submit a statement either in writing to the CBP office where the 
original claim was filed or via a CBP-authorized electronic data 
interchange system in accordance with Sec.  182.124 of this part (see 
Sec. Sec.  182.122 and 182.124 of this part).

0
27. Add Sec.  182.12 to read as follows:


Sec.  182.12  Certification of origin.

    (a) General. An importer who makes a claim, pursuant to Sec.  
182.11(b), based on a certification of origin completed by the 
importer, exporter, or producer that the good is originating must 
submit, at the request of CBP, a copy of the certification of origin. 
The certification of origin:
    (1) Need not be in a prescribed format but must be in writing or 
must be transmitted electronically pursuant to any electronic means 
authorized by CBP for that purpose;
    (2) May be provided on an invoice or any other document, except an 
invoice or commercial document issued in the territory of a non-USMCA 
country;
    (3) Must be in the possession of the importer at the time the claim 
for preferential tariff treatment is made;
    (4) Must include the following information to be valid:
    (i) Whether the certifier is the importer, exporter, or producer in 
accordance with this subpart;
    (ii) The certifier's name, title, address (including country), 
telephone number, and email address;
    (iii) The exporter's name, address (including country), email 
address, and telephone number if different from the certifier, unless 
the producer is completing the certification of origin and does not 
know the identity of the exporter;
    (iv) The producer's name, address (including country), email 
address, and telephone number, if different from the certifier or 
exporter; or if there are multiple producers, ``Various'' or a list of 
producers (see also paragraph (c) of this section);
    (v) If known, the importer's name, address, email address, and 
telephone number; or if there are multiple importers, ``Various'' or a 
list of importers;
    (vi) The legal name, address (including country), telephone number, 
and email address (if any) of the responsible official or authorized 
agent of the importer, exporter, or producer signing the certification;
    (vii) A description of the good for which preferential tariff 
treatment is claimed, which must be sufficiently detailed to relate it 
to the invoice and the Harmonized System (HS) nomenclature;
    (viii) The HTSUS tariff classification, to six or more digits, as 
necessary for the specific change in tariff classification rule for the 
good set forth in General Note 11, HTSUS;
    (ix) The applicable rule of origin set forth in General Note 11, 
HTSUS, under which the good qualifies as an originating good;
    (x) In the case of a good listed in Schedule II of Appendix A of 
this part, the following statement must be included: ``Schedule II of 
the USMCA Rules of Origin Uniform Regulations'';
    (xi) If the certification of origin covers a single shipment of a 
good, the invoice number related to the exportation, if known;
    (xii) In case of a blanket certification issued with respect to 
multiple shipments of identical goods within any period specified in 
the certification of origin, not exceeding 12 months from the date of 
certification, the period that the certification covers; and
    (5) Must include the following statement: ``I certify that the 
goods described in this document qualify as originating and the 
information contained in this document is true and accurate. I assume 
responsibility for proving such representations and agree to maintain 
and present upon request or to make available during a verification 
visit, documentation necessary to support this certification.''
    (b) Address. For the purposes of the certification of origin 
provided for in paragraph (a) of this section:
    (1) The address of the exporter provided under paragraph 
(a)(4)(iii) is the place of export of the good in a USMCA country's 
territory;

[[Page 35585]]

    (2) The address of a producer provided under paragraph (a)(4)(iv) 
is the place of production of the good in a USMCA country's territory; 
and
    (3) The address of the importer provided under paragraph (a)(4)(v) 
must be in a USMCA country's territory.
    (c) Confidentiality of producer information. For the purposes of 
the information provided under paragraph (a)(4)(iv) of this section, a 
person that wishes for this information to remain confidential may 
state ``Available upon request by the importing authorities.''
    (d) Responsible official or agent. The certification of origin 
provided for in paragraph (a) of this section must be signed and dated 
by a responsible official of the importer, exporter, or producer, or by 
the importer's, exporter's, or producer's authorized agent having 
knowledge of the relevant facts.
    (e) Language. The certification provided for in paragraph (a) of 
this section must be completed in English, French, or Spanish. If the 
certification of origin is not in English, CBP may require the importer 
to submit an English translation of the certification.
    (f) Basis of a certification of origin. (1) A certification of 
origin may be completed by the importer, exporter, or producer of the 
good on the basis of:
    (i) The certifier of the certification of origin of the good having 
information, including documents, that demonstrate that the good is 
originating; or
    (ii) In the case of an exporter who is not the producer of the 
good, reasonable reliance on the producer's written representation, 
such as in a certification of origin, that the good is originating.
    (2) CBP may not require that an exporter or producer complete a 
certification of origin, or provide a certification of origin or 
written representation to another person.
    (g) Applicability of certification of origin. The certification of 
origin provided for in paragraph (a) of this section may be applicable 
to:
    (1) A shipment of goods into the United States, which may consist 
of:
    (i) A single shipment of goods that results in the filing of one or 
more entries; or
    (ii) More than one shipment of goods that results in the filing of 
one entry.
    (2) Multiple shipments of identical goods into the United States 
that occur within a specified blanket period, not exceeding 12 months, 
set out in the certification.
    (h) Validity of certification of origin. A certification of origin 
that is properly completed, signed, and dated in accordance with the 
requirements of this section will be accepted as valid for four years 
following the date on which it was completed.

0
28. Add Sec.  182.13 to read as follows:


Sec.  182.13  Importer obligations.

    (a) General. An importer who makes a claim for USMCA preferential 
tariff treatment:
    (1) Will be deemed to have made a statement based on a valid 
certification of origin that the good qualifies as an originating good;
    (2) Is responsible for the truthfulness of the claim and of all the 
information and data contained in the certification of origin provided 
for in Sec.  182.12; and
    (3) Is responsible for submitting supporting documents requested by 
CBP, and for the truthfulness of the information contained in those 
documents. When a certification of origin prepared by an exporter or 
producer forms the basis of a claim for preferential tariff treatment 
and CBP requests the submission of supporting documents, the importer 
will provide to CBP, or arrange for the direct submission by the 
exporter or producer of, information relied on by the exporter or 
producer in preparing the certification.
    (b) Exemption from penalties. An importer will not be subject to 
civil or administrative penalties under 19 U.S.C. 1592 for making an 
incorrect claim for preferential tariff treatment or submitting an 
incorrect certification of origin, provided that the importer promptly 
and voluntarily corrects the claim or certification of origin, pays any 
duties and merchandise processing fees, if applicable, that may be due, 
and submits a statement either in writing or via a CBP-authorized 
electronic data interchange system to the CBP office where the original 
claim was filed in accordance with Sec.  182.124 (see Sec. Sec.  
182.122 and 182.124).

0
29. Add Sec.  182.14 to read as follows:


Sec.  182.14  Certification of origin not required.

    (a) General. Except as otherwise provided in paragraph (b) of this 
section, an importer will not be required to submit a copy of a 
certification of origin under Sec.  182.12 for:
    (1) A non-commercial importation of a good; or
    (2) A commercial importation for which the value of the originating 
goods does not exceed $2,500 in U.S. dollars.
    (b) Exception. If CBP determines that an importation described in 
paragraph (a) of this section is part of a series of importations 
carried out or planned for the purpose of evading compliance with the 
certification requirements of Sec.  182.12, CBP will notify the 
importer that for that importation the importer must submit to CBP a 
copy of the certification of origin. The importer must submit such a 
copy within 30 days from the date of the notice. Failure to timely 
submit a copy of the certification of origin will result in denial of 
the claim for preferential tariff treatment.

0
30. Add Sec.  182.15 to read as follows:


Sec.  182.15   Maintenance of records.

    (a) General. An importer claiming USMCA preferential tariff 
treatment for a good must maintain for a minimum of five years from the 
date of importation of the good, all records and documents that the 
importer has demonstrating that the good qualifies for preferential 
tariff treatment under the USMCA, including the certification of origin 
and records related to transit and transshipment. These records are in 
addition to any other records that the importer is required to prepare, 
maintain, or make available to CBP under part 163 of this chapter.
    (b) Method of maintenance. The records and documents referred to in 
paragraph (a) of this section must be maintained by importers as 
provided in Sec.  163.5 of this chapter.

0
31. Add Sec.  182.16 to read as follows:


Sec.  182.16  Effect of noncompliance; failure to provide documentation 
regarding transshipment.

    (a) General. If the importer fails to comply with applicable 
requirements under this subpart, including submission of a complete 
certification of origin prepared in accordance with Sec. Sec.  182.12 
and 182.14, when requested, CBP may deny preferential tariff treatment 
to the imported good.
    (b) Failure to provide documentation regarding transshipment. Where 
the requirements for preferential tariff treatment set forth elsewhere 
in this subpart are met, CBP nevertheless may deny preferential tariff 
treatment to an originating good if the good is transported outside the 
territories of the USMCA countries, and at the request of CBP, the 
importer of the good does not provide evidence demonstrating to the 
satisfaction of CBP that the transit and transshipment conditions set 
forth in Appendix A of this part were met.

Subpart C--Export Requirements

0
32. Add Sec.  182.21 to read as follows:


Sec.  182.21  Certification of origin for goods exported to Canada or 
Mexico.

    (a) Submission of certification of origin to CBP. An exporter or 
producer who completes a certification of origin for a good exported 
from the United States to Canada or Mexico must

[[Page 35586]]

provide a copy of the certification of origin (written or electronic) 
to CBP upon request.
    (b) Notification of errors in certification of origin. An exporter 
or producer who completes a certification of origin for a good exported 
from the United States to Canada or Mexico and who has reason to 
believe that the certification contains or is based on incorrect 
information must promptly and voluntarily notify every person, in 
writing, to whom the certification was provided of any change that 
could affect the accuracy or validity of the certification. 
Notification of an incorrect certification must also be given either in 
writing or via a CBP-authorized electronic data interchange system to 
CBP specifying the correction in accordance with Sec.  182.124 (see 
Sec. Sec.  182.123 and 182.124).
    (c) Maintenance of records--(1) General. An exporter or producer 
who completes a certification of origin or a producer who provides a 
written representation for a good exported from the United States to 
Canada or Mexico must maintain, for a period of at least five years 
after the date the certification was completed, all records and 
supporting documents relating to the origin of a good for which the 
certification of origin was completed, including the certification or 
copies thereof and records and documents associated with:
    (i) The purchase, cost, value, and shipping of, and payment for, 
the good or material;
    (ii) The purchase, cost, value, and shipping of, and payment for, 
all materials, including indirect materials, used in the production of 
the good or material; and
    (iii) The production of the good in the form in which the good is 
exported or the production of the material in the form in which it was 
sold.
    (2) Method of maintenance. The records referred to in paragraph (c) 
of this section must be maintained as provided in Sec.  163.5 of this 
chapter.
    (3) Availability of records. For purposes of determining compliance 
with the provisions of this part, the records required to be maintained 
under this section must be stored and made available for examination 
and inspection by a CBP official in the same manner as provided in part 
163 of this chapter.

Subpart D--Post-Importation Duty Refund Claims

0
33. Add Sec.  182.31 to read as follows:


Sec.  182.31  Right to make post-importation claim for preferential 
tariff treatment and refund duties.

    Notwithstanding any other available remedy, where a good would have 
qualified as an originating good when it was imported into the United 
States but no claim for preferential tariff treatment was made, the 
importer of that good may file a claim for a refund of any excess 
customs duties at any time within one year after the date of 
importation of the good in accordance with 19 U.S.C. 1520(d) and the 
procedures set forth in Sec.  182.32. Unless the importer fails to 
comply with the applicable requirements in this part, CBP may refund 
any excess customs duties by liquidation or reliquidation of the entry 
covering the good in accordance with Sec.  182.33.

0
34. Add Sec.  182.32 to read as follows:


Sec.  182.32   Filing procedures.

    (a) Place of filing. A post-importation claim for a refund must be 
filed with CBP, either at the port of entry or electronically.
    (b) Contents of claim. A post-importation claim for a refund must 
be filed by presentation of the following:
    (1) A written or electronic declaration or statement stating that 
the good was an originating good at the time of importation and setting 
forth the number and date of the entry or entries covering the good;
    (2) A copy of a written or electronic certification of origin 
prepared in accordance with Sec.  182.12 demonstrating that the good 
qualifies for preferential tariff treatment;
    (3) A written statement indicating whether the importer of the good 
provided a copy of the entry summary or equivalent documentation to any 
other person. If such documentation was so provided, the statement must 
identify each recipient by name, CBP identification number, and address 
and must specify the date on which the documentation was provided; and
    (4) A written statement indicating whether or not any person has 
filed a protest, petition, or request for reliquidation; and if any 
such protest, petition, or request for reliquidation has been filed, 
the statement must identify the filing by number and date.

0
35. Add Sec.  182.33 to read as follows:


Sec.  182.33   CBP processing procedures.

    (a) Status determination. After receipt of a post-importation claim 
made pursuant to Sec.  182.32, CBP will determine whether the entry 
covering the good has been liquidated and, if liquidation has taken 
place, whether the liquidation has become final.
    (b) Pending protest, petition, or request for reliquidation or 
judicial review. If CBP determines that any protest, petition, or 
request for reliquidation relating to the good has not been finally 
decided, CBP will suspend action on the claim filed under Sec.  182.32 
until the decision on the protest, petition, or request for 
reliquidation becomes final. If a summons involving the tariff 
classification or dutiability of the good is filed in the Court of 
International Trade, CBP will suspend action on the claim filed under 
Sec.  182.32 until judicial review has been completed.
    (c) Allowance of claim--(1) Unliquidated entry. If CBP determines 
that a claim for a refund filed under Sec.  182.32 should be allowed 
and the entry covering the good has not been liquidated, CBP will take 
into account the claim for refund in connection with the liquidation of 
the entry.
    (2) Liquidated entry. If CBP determines that a claim for a refund 
filed under Sec.  182.32 should be allowed and the entry covering the 
good has been liquidated, whether or not the liquidation has become 
final, the entry must be reliquidated in order to effect a refund of 
customs duties under this section. If the entry is otherwise to be 
reliquidated based on administrative review of a protest or as a result 
of judicial review, CBP will reliquidate the entry taking into account 
the claim for refund under Sec.  182.32.
    (d) Denial of claim--(1) General. CBP may deny a claim for a refund 
filed under Sec.  182.32 if the claim was not filed timely, if the 
importer has not complied with the requirements of Sec.  182.32 or the 
other applicable requirements in this part, or if, following an origin 
verification, CBP determines either that the imported good was not an 
originating good at the time of importation or that a basis exists upon 
which preferential tariff treatment may be denied.
    (2) Unliquidated entry. If CBP determines that a claim for a refund 
filed under Sec.  182.32 should be denied and the entry covering the 
good has not been liquidated, CBP will deny the claim in connection 
with the liquidation of the entry, and notice of the denial and the 
reason for the denial will be provided to the importer in writing or 
via a CBP-authorized electronic data interchange system.
    (3) Liquidated entry. If CBP determines that a claim for a refund 
filed under Sec.  182.32 should be denied and the entry covering the 
good has been liquidated, whether or not the liquidation has become 
final, the claim may be denied without reliquidation of

[[Page 35587]]

the entry. If the entry is otherwise to be reliquidated based on 
administrative review of a protest, petition, or request for 
reliquidation or as a result of judicial review, such reliquidation may 
include denial of the claim filed under this subpart. In either case, 
CBP will provide notice of the denial and the reason for the denial to 
the importer in writing or via a CBP-authorized electronic data 
interchange system.

Subpart E--Restrictions on Drawback and Duty-Deferral Programs

0
36. Add Sec.  182.41 to read as follows:


Sec.  182.41   Applicability.

    This subpart sets forth the provisions regarding drawback claims 
and duty-deferral programs under Article 2.5 of the USMCA and applies 
to any good that is a ``good subject to USMCA drawback'' within the 
meaning of 19 U.S.C. 4534. The provisions of this subpart apply to 
goods which are entered for consumption, or withdrawn from warehouse 
for consumption, into the United States on or after July 1, 2020. The 
requirements and procedures set forth in this subpart for USMCA 
drawback are in addition to the general definitions, requirements, and 
procedures for all drawback claims set forth in part 190 of this 
chapter, unless otherwise specifically provided in this subpart. Also, 
the requirements and procedures set forth in this subpart for USMCA 
duty-deferral programs are in addition to the requirements and 
procedures for manipulation, manufacturing, and smelting and refining 
warehouses contained in part 19 and part 144 of this chapter, for 
foreign trade zones under part 146 of this chapter, and for temporary 
importations under bond contained in part 10 of this chapter.

0
37. Add Sec.  182.42 to read as follows:


Sec.  182.42   Duties and fees not subject to drawback.

    The following duties or fees which may be applicable to a good 
entered for consumption or withdrawn from warehouse for consumption in 
the Customs territory of the United States are not subject to drawback 
under this subpart:
    (a) Antidumping and countervailing duties;
    (b) A premium offered or collected on a good with respect to 
quantitative import restrictions, tariff-rate quotas or tariff 
preference levels; and
    (c) Customs duties paid or owed under unused merchandise 
substitution drawback. There will be no payment of such drawback under 
19 U.S.C. 1313(j)(2) on goods exported to Canada or Mexico.

0
38. Add Sec.  182.43 to read as follows:


Sec.  182.43   Eligible goods subject to USMCA drawback.

    Except as otherwise provided in this subpart, drawback is 
authorized for an imported good that is entered for consumption and is:
    (a) Subsequently exported to Canada or Mexico (see 19 U.S.C. 
1313(j)(1));
    (b) Used as a material in the production of another good that is 
subsequently exported to Canada or Mexico (see 19 U.S.C. 1313(a)); or
    (c) Substituted by a good of the same kind and quality as defined 
in Sec.  182.44(d) and used as a material in the production of another 
good that is subsequently exported to Canada or Mexico (see 19 U.S.C. 
1313(b)).

0
39. Add Sec.  182.44 to read as follows:


Sec.  182.44   Calculation of drawback.

    (a) General. Except in the case of goods specified in Sec.  182.45, 
drawback of the duties previously paid upon importation of a good into 
the United States may be granted by the United States, upon 
presentation of a USMCA drawback claim under this subpart, on the lower 
amount of:
    (1) The total duties paid or owed on the good in the United States; 
or
    (2) The total amount of duties paid on the exported good upon 
subsequent importation into Canada or Mexico.
    (b) Individual relative value and duty comparison principle. For 
purposes of this section, relative value will be determined, and the 
comparison between the duties referred to in paragraph (a)(1) of this 
section and the duties referred to in paragraph (a)(2) of this section 
will be made, separately with reference to each individual exported 
good, including where two components or materials are used to produce 
one exported good or one component or material is divided among 
multiple exported goods.
    (c) Direct identification manufacturing drawback under 19 U.S.C. 
1313(a). Upon presentation of the USMCA drawback claim under 19 U.S.C. 
1313(a), in which the amount of drawback payable is based on the lesser 
amount of the customs duties paid on the good either to the United 
States or to Canada or Mexico, the amount of drawback refunded may not 
exceed 99 percent of the duty paid on such imported merchandise into 
the United States.
    (d) Substitution manufacturing drawback under 19 U.S.C. 1313(b). 
Upon presentation of a USMCA drawback claim under 19 U.S.C. 1313(b), on 
which the amount of drawback payable is based on the lesser amount of 
the customs duties paid on the good either to the United States or to 
Canada or Mexico, the amount of drawback is the same as that which 
would have been allowed had the substituted merchandise used in 
manufacture been itself imported.
    (1) General. For purposes of drawback under this subpart, the term 
``same kind and quality'' has the same meaning as the 8-digit HTSUS 
substitution standard established in 19 U.S.C. 1313(b)(1) (see 
Sec. Sec.  190.2 and 190.22(a)(1)(i) of this chapter).
    (2) Special rule for sought chemical elements. For purposes of 
drawback under this subpart, for sought chemical elements, the term 
``same kind and quality'' has the same meaning as the 8-digit HTSUS 
substitution standard established in 19 U.S.C. 1313(b)(4) (see Sec.  
190.22(a)(2) of this chapter).
    (e) Meats cured with imported salt. Meats, whether packed or 
smoked, which have been cured with imported salt may be eligible for 
drawback in aggregate amounts of not less than $100 in duties paid on 
the imported salt upon exportation of the meats to Canada or Mexico 
(see 19 U.S.C. 1313(f)).
    (f) Jet aircraft engines. A foreign-built jet aircraft engine that 
has been overhauled, repaired, rebuilt, or reconditioned in the United 
States with the use of imported merchandise, including parts, may be 
eligible for drawback of duties paid on the imported merchandise in 
aggregate amounts of not less than $100 upon exportation of the engine 
to Canada or Mexico (19 U.S.C. 1313(h)).
    (g) Unused goods under 19 U.S.C. 1313(j)(1) that have changed in 
condition. An imported good that is unused in the United States under 
19 U.S.C. 1313(j)(1) and that is shipped to Canada or Mexico not in the 
same condition within the meaning of Sec.  182.45(b)(1) may be eligible 
for drawback under this section except when the shipment to Canada or 
Mexico does not constitute an exportation under 19 U.S.C. 1313(j)(4).

0
40. Add Sec.  182.45 to read as follows:


Sec.  182.45   Goods eligible for full drawback.

    (a) Goods originating in Canada or Mexico. A Canadian or Mexican 
originating good that is dutiable and is imported into the United 
States is eligible for drawback without regard to the limitation on 
drawback set forth in Sec.  182.44 if that good is originating under 
the rules of origin set out in General Note 11, HTSUS, and Appendix A 
of this part, and is:

[[Page 35588]]

    (1) Subsequently exported to Canada or Mexico;
    (2) Used as a material in the production of another good that is 
subsequently exported to Canada or Mexico; or
    (3) Substituted by a good of the same 8-digit HTSUS subheading 
number and used as a material in the production of another good that is 
subsequently exported to Canada or Mexico.
    (b) Claims under 19 U.S.C 1313(j)(1) for goods in same condition. A 
good imported into the United States and subsequently exported to 
Canada or Mexico in the same condition is eligible for drawback under 
19 U.S.C. 1313(j)(1) without regard to the limitation on drawback set 
forth in Sec.  182.44 .
    (1) Same condition defined. For purposes of this subpart, a 
reference to a good in
    the ``same condition'' includes a good that has been subjected to 
any of the following operations provided that no such operation 
materially alters the characteristics of the good:
    (i) Mere dilution with water or another substance;
    (ii) Cleaning, including removal of rust, grease, paint or other 
coatings;
    (iii) Application of preservative, including lubricants, protective 
encapsulation, or preservation paint;
    (iv) Trimming, filing, slitting or cutting;
    (v) Putting up in measured doses, or packing, repacking, packaging 
or repackaging; or
    (vi) Testing, marking, labelling, sorting, grading, or inspecting a 
good.
    (2) Commingling of fungible goods--(i) General--(A) Inventory of 
other than all non-originating goods. Commingling of fungible 
originating and non-originating goods in inventory is permissible 
provided that the origin of the goods and the identification of entries 
for designation for same condition drawback are on the basis of an 
approved inventory management method set forth in the Appendix A to 
this part (see 19 CFR 102.1).
    (B) Inventory of the non-originating goods. If all goods in a 
particular inventory are non-originating goods, identification of 
entries for designation for same condition drawback must be on the 
basis of one of the accounting methods in Sec.  190.14 of this chapter, 
as appropriate.
    (ii) Exception. Agricultural goods imported from Mexico may not be 
commingled with fungible agricultural goods in the United States for 
purposes of same condition drawback under this subpart.
    (c) Goods not conforming to sample or specifications or shipped 
without consent of consignee under 19 U.S.C. 1313(c). An imported good 
exported to Canada or Mexico by reason of failure of the good to 
conform to sample or specification or by reason of shipment of the good 
without the consent of the consignee is eligible for drawback under 19 
U.S.C. 1313(c) without regard to the limitation on drawback set forth 
in Sec.  182.44. Such a good must be exported or destroyed within the 
statutory 5-year time period and in compliance with the requirements 
set forth in subpart D of part 190 of this chapter, as applicable.
    (d) Certain goods exported to Canada or Mexico. A good provided for 
in U.S. tariff items 1701.13.20 or 1701.14.20 that is imported into the 
Customs territory of the United States under any re-export or like 
program that is used as a material, or substituted for by a good of the 
same kind and quality that is used as a material, in the production of 
a good provided for in Canadian tariff item 1701.99.00 or Mexican 
tariff items 1701.99.01, 1701.99.02, and 1701.99.99 (relating to 
refined sugar), is eligible for drawback without regard to the 
limitation on drawback set forth in Sec.  182.44. Same kind and quality 
for purposes of this subsection means that the imported good and the 
substituted good must be capable of being used interchangeably in the 
manufacture or production of the exported or destroyed articles with no 
substantial change in the manufacturing or production process.
    (e) Certain goods exported to Canada. Goods identified in Article 
2.5.6(g) of the USMCA and in 19 U.S.C. 4534(a)(7) and (8), if exported 
to Canada, are eligible for drawback without regard to the limitations 
on drawback set forth in Sec.  182.44.
    (f) Certain goods that are exported or deemed exported. Goods that 
are delivered:
    (1) To a duty-free shop,
    (2) For ship's stores or supplies for ships or aircrafts, or
    (3) For the use in a project undertaken jointly by the United 
States and a USMCA country, and destined to become the property of the 
United States, are eligible upon exportation for drawback without 
regard to the limitations on drawback set forth in Sec.  182.44.

0
41. Add Sec.  182.46 to read as follows:


Sec.  182.46   Filing of drawback claim.

    (a) Time of filing. A drawback claim under this subpart must be 
filed within 5 years after the date of importation of the goods on 
which drawback is claimed. No extension will be granted unless it is 
established that a CBP official was responsible for the untimely 
filing. Drawback will be allowed only if the completed good is exported 
within 5 years after importation of the merchandise identified or 
designated to support the claim.
    (b) Method of filing. A drawback claim must be filed electronically 
through a CBP-authorized electronic system (see Sec.  190.51 of this 
chapter).

0
42. Add Sec.  182.47 to read as follows:


Sec.  182.47   Completion of claim for drawback.

    (a) General. A claim for drawback will be granted, upon the 
submission of appropriate documentation to substantiate compliance with 
the drawback laws and regulations of the United States, evidence of 
exportation to Canada or Mexico, and satisfactory evidence of the 
payment of duties to Canada or Mexico. Unless otherwise provided in 
this subpart, the documentation, filing procedures, time and place 
requirements and other applicable procedures required to determine 
whether a good qualifies for drawback must be in accordance with the 
provisions of part 190 of this chapter, as appropriate; however, a 
drawback claim subject to the provisions of this subpart must be filed 
separately from any part 190 drawback claim (that is, a claim that 
involves goods exported to countries other than Canada or Mexico). 
Claims inappropriately filed or otherwise not completed within the 
periods specified in Sec.  182.46 will be considered abandoned.
    (b) Complete drawback claim--(1) General. A complete drawback claim 
under this subpart must consist of the filing of the appropriate 
completed drawback entry, evidence of exportation (a copy of the 
Canadian or Mexican customs entry showing the amount of duty paid to 
Canada or Mexico) and its supporting documents, and a certification 
from the Canadian or Mexican importer as to the amount of duties paid. 
Each drawback entry filed under this subpart must be filed using the 
indicator ``USMCA Drawback''.
    (2) Specific claims. The following documentation, for the drawback 
claims specified below, must be submitted to CBP in order for a 
drawback claim to be processed under this subpart. Missing 
documentation or incorrect or incomplete information on required 
customs forms or supporting documentation will result in an incomplete 
drawback claim.
    (i) Manufacturing drawback claim. The following must be submitted 
in connection with a claim for direct identification manufacturing 
drawback

[[Page 35589]]

or substitution manufacturing drawback:
    (A) A completed CBP Form 331, or its electronic equivalent, to 
establish the manufacture of goods made with imported merchandise and, 
if applicable, the identity of substituted domestic, duty-paid or duty-
free merchandise, and including the tariff classification number of the 
imported merchandise;
    (B) CBP Form 7501, or its electronic equivalent, or the import 
entry number;
    (C) [Reserved]
    (D) Evidence of exportation and satisfactory evidence of the 
payment of duties in Canada or Mexico, as provided in paragraph (c) of 
this section;
    (E) Waiver of right to drawback. If the person exporting to Canada 
or Mexico was not the importer or the manufacturer, written waivers 
executed by the importer or manufacturer and by any intervening person 
to whom the good was transferred must be submitted in order for the 
claim to be considered complete; and
    (F) An affidavit of the party claiming drawback stating that no 
other drawback claim has been made on the designated goods, that such 
party has not provided an exporter's certification of origin pertaining 
to the exported goods to another party except as stated on the drawback 
claim, and that the party agrees to notify CBP if the party 
subsequently provides such an exporter's certification of origin to any 
person.
    (ii) Same condition drawback claim under 19 U.S.C. 1313(j)(1). The 
following must be submitted in connection with a drawback claim 
covering a good in the same condition:
    (A) The foreign entry number and date of entry, the HTSUS 
classification for the foreign entry, the amount of duties paid for the 
foreign entry and the applicable exchange rate, and, if applicable, a 
certification from the claimant that provides as follows: ``Same 
condition--The undersigned certifies that the merchandise herein 
described is in the same condition as when it was imported under the 
above import entry(s) and further certifies that this merchandise was 
not subjected to any process of manufacture or other operation except 
the allowable operations as provided for by regulation.'';
    (B) Information sufficient to trace the movement of the imported 
goods after importation;
    (C) In-bond application submitted pursuant to part 18 of this 
chapter, if applicable. This is required for merchandise which is 
examined at one port but exported through border points outside of that 
port. Such goods must travel in bond from the location where they were 
examined to the point of the border crossing (exportation). If 
examination is waived, in-bond transportation is not required;
    (D) Notification of intent to export or waiver of prior notice. CBP 
must be notified at least 5 business days in advance of the intended 
date of exportation in order to have the opportunity to examine the 
goods (see Sec.  190.35 of this chapter);
    (E) Evidence of exportation. Acceptable documentary evidence of 
exportation to Canada or Mexico may include originals or copies of any 
of the following documents that are issued by the exporting carrier: 
bill of lading, air waybill, freight waybill, export ocean bill of 
lading, Canadian customs manifest, and cargo manifest. Supporting 
documentary evidence must establish fully the time and fact of 
exportation, the identity of the exporter, and the identity and 
location of the ultimate consignee of the exported goods;
    (F) Waiver of right to drawback. If the party exporting to Canada 
or Mexico was not the importer, a written waiver from the importer and 
from each intermediate person to whom the goods were transferred is 
required in order for the claim to be considered complete; and
    (G) An affidavit of the party claiming drawback stating that no 
other drawback claim has been made on the designated goods.
    (iii) Nonconforming or improperly shipped goods drawback claim. The 
following must be submitted in the case of goods not conforming to 
sample or specifications, or shipped without the consent of the 
consignee and subject to a drawback claim under 19 U.S.C. 1313(c):
    (A) Customs Form 7501, or its electronic equivalent, to establish 
the fact of importation, the receipt of the imported goods, and the 
identity of the party to whom drawback is payable (see Sec.  
182.48(b));
    (B) [Reserved]
    (C) CBP Form 7512, or its electronic equivalent, if applicable;
    (D) Notification of intent to export or waiver of prior notice. CBP 
must be notified at least 5 business days in advance of the intended 
date of exportation in order to have the opportunity to examine the 
goods (see Sec.  190.42 of this chapter); and
    (E) Evidence of exportation, as provided in paragraph (b)(2)(ii)(E) 
of this section.
    (iv) Meats cured with imported salt. The provisions of paragraph 
(b)(2)(i) of this section relating to direct identification 
manufacturing drawback will apply to claims for drawback on meats cured 
with imported salt filed under this subpart insofar as applicable to 
and not inconsistent with the provisions of this subpart, and the forms 
referred to in that paragraph must be modified to show that the claim 
is being made for refund of duties paid on salt used in curing meats.
    (v) Jet aircraft engines. The provisions of paragraph (b)(2)(i) of 
this section relating to direct identification manufacturing drawback 
will apply to claims for drawback on foreign-built jet aircraft engines 
repaired or reconditioned in the United States filed under this subpart 
insofar as applicable to and not inconsistent with the provisions of 
this subpart and the provisions of subpart N of part 190 of this 
chapter.
    (c) [Reserved]

0
43. Add Sec.  182.49 to read as follows:


Sec.  182.49   Retention of records.

    All records required to be kept by the exporter, importer, 
manufacturer or producer under this subpart with respect to 
manufacturing drawback claims, and all records kept by others which 
complement the records of the importer, exporter, manufacturer or 
producer, including any person who transfers or enables another person 
to make or perfect a drawback claim, must be retained for at least 
three years from the date of liquidation of such claims or longer 
period if required by law (see Sec. Sec.  190.10, 190.15, 190.38, and 
190.175(c) of this chapter).

0
44. Add Sec.  182.50 to read as follows:


Sec.  182.50   Liquidation and payment of drawback claims.

    (a) General. When the drawback claim has been fully completed by 
the filing of all required documents, and exportation of the articles 
has been established and the amount of duties paid to Canada or Mexico 
has been established, the entry will be liquidated to determine the 
proper amount of drawback due either in accordance with the limitation 
on drawback set forth in Sec.  182.44 of this subpart or in accordance 
with the regular drawback calculation. The liquidation procedures of 
subpart H of part 190 of this chapter, as appropriate, will control for 
purposes of this subpart.
    (b) [Reserved]
    (c) Accelerated payment. Accelerated drawback payment procedures 
will apply as set forth in Sec.  190.92 of this chapter, as 
appropriate. However, a person who receives drawback of duties under 
this procedure must repay the

[[Page 35590]]

duties paid if a USMCA drawback claim is adversely affected thereafter 
by administrative or court action.

0
45. Add Sec.  182.51 to read as follows:


Sec.  182.51   Prevention of improper payment of claims.

    (a) Double payment of claim. The drawback claimant must certify to 
CBP that the claimant has not earlier received payment on the same 
import entry for the same designation of goods. If, notwithstanding 
such a certification, such an earlier payment was in fact made to the 
claimant, the claimant must repay any amount paid on the second claim.
    (b) Preparation of Certification of Origin. The drawback claimant 
must, within 30 calendar days after the filing of the drawback claim 
under this subpart, submit to CBP a written statement as to whether the 
claimant has prepared, or has knowledge that another person has 
prepared, a certification of origin provided for under Sec.  182.12 and 
pertaining to the goods which are covered by the claim. If, following 
such 30-day period, the claimant prepares, or otherwise learns of the 
existence of, any such certification of origin, the claimant must, 
within 30 calendar days thereafter, disclose that fact to CBP.

0
46. Add Sec.  182.52 to read as follows:


Sec.  182.52   Subsequent claims for preferential tariff treatment.

    If a claim for a refund of duties is allowed by the Canadian or 
Mexican customs administration under Article 5.11 of the USMCA (post-
importation claim) or under any other circumstance after drawback has 
been granted under this subpart, the appropriate CBP official must 
reliquidate the drawback claim and obtain a refund of the amount paid 
in drawback in excess of the amount permitted to be paid under Sec.  
182.44.

0
47. Add Sec.  182.54 to read as follows:


Sec.  182.54   Verification of claim for drawback, waiver or reduction 
of duties.

    The allowance of a claim for drawback, waiver or reduction of 
duties submitted under this subpart is subject to such verification, 
including verification with the Canadian or Mexican customs 
administration, of any documentation obtained in Canada or Mexico and 
submitted in connection with the claim, as CBP may deem necessary.

Subpart G--Origin Verifications and Determinations

0
48. Add Sec.  182.71 to read as follows:


Sec.  182.71   Applicability.

    This subpart contains the general origin verification and 
determination provisions applicable to goods claiming preferential 
tariff treatment under Sec.  182.11(b) or Sec.  182.32.

0
49. Add Sec.  182.72 to read as follows:


Sec.  182.72   Verification of claim for preferential tariff treatment.

    (a) Verification. A claim for preferential tariff treatment made 
under Sec.  182.11(b) or 182.32, including any statements or other 
information submitted to CBP in support of the claim, will be subject 
to such verification as CBP deems necessary. CBP may initiate the 
verification of goods imported into the United States under the USMCA 
with the importer, or with the exporter or producer who completed the 
certification of origin. A verification of a claim for preferential 
tariff treatment under the USMCA may be conducted by means of one or 
more of the following:
    (1) Requests for information or questionnaires, including a request 
for documents, to the importer, exporter, or producer;
    (2) Verification visits to the premises of the exporter or producer 
in Mexico or Canada in order to request information, including 
documents, and to observe production processes and facilities; and
    (3) Any other procedure to which the USMCA countries may agree.
    (b) Verification of a material. When conducting a verification of a 
good imported into the United States, CBP may conduct a verification of 
the material that is used in the production of that good. A 
verification of a material producer may be conducted pursuant to any of 
the verification means set forth in paragraph (a) of this section. With 
the exception of Sec. Sec.  182.73(c) and 182.75, the provisions in 
this subpart also apply to the verification of a material and 
references to the term ``producer'' apply to a producer of a good or to 
a material producer.
    (c) Sending information directly to CBP. During a verification, CBP 
will accept information, including documents, directly from an 
importer, exporter, or producer.
    (d) Applicable accounting principles. When conducting a 
verification to which Generally Accepted Accounting Principles or an 
otherwise accepted inventory method may be relevant, CBP will apply and 
accept the Generally Accepted Accounting Principles applicable in the 
USMCA country in which the production is performed or from which the 
good is exported, as appropriate, or an otherwise accepted inventory 
management method as provided for in Appendix A of this part. If 
information, including documents, books and records, were not 
maintained accordingly, CBP will provide the importer, exporter or 
producer 30 days to record costs in accordance with Appendix A of this 
part.

0
50. Add Sec.  182.73 to read as follows:


Sec.  182.73   Notification and response procedures.

    (a) Requests for information and questionnaires. When conducting a 
verification through a request for information or a questionnaire as 
provided for in Sec.  182.72(a)(1), CBP will send the importer, 
exporter or producer a written request for information, a written 
questionnaire, or its electronic equivalent, including a request for 
specific documentation to support the claim for preferential tariff 
treatment.
    (1) Contents. The written request for information, written 
questionnaire, or its electronic equivalent will contain the following:
    (i) The objective and scope of the verification, including the 
specific issue that the verification is seeking to resolve; and
    (ii) Sufficient information to identify the good or material that 
is the subject of the verification.
    (2) Availability of records--(i) Verification of a good. The 
importer, exporter, or producer must make the records, which are 
required to be maintained to demonstrate that the good qualifies for 
preferential tariff treatment under the USMCA, available for inspection 
by a CBP official conducting a verification. CBP may deny the claim for 
preferential tariff treatment of the good for failure to maintain the 
required records or if a CBP official is denied access to the records.
    (ii) Verification of a material. During the verification of a 
material, any records in the material producer's possession 
demonstrating that the material qualifies as originating must be made 
available for inspection by a CBP official conducting a verification. 
CBP may consider the material that is used in the production of the 
good and is the subject of the verification to be non-originating 
material if a CBP official is denied access to these records.
    (b) Notification of a verification visit. Prior to conducting a 
verification visit in Canada or Mexico, CBP will provide the exporter 
or producer, using one of the communication means specified in 
paragraph (d)(2) of this section, with a notification stating the 
intent to conduct a verification visit and containing the following:
    (1) The objective and scope of the verification, including the 
specific issue

[[Page 35591]]

that the verification is seeking to resolve;
    (2) Sufficient information to identify the good or material that is 
the subject of the verification;
    (3) A request for the written consent of the exporter or producer 
whose premises are going to be visited;
    (4) The legal authority for the visit;
    (5) The proposed date and location of the visit;
    (6) The specific purpose of the visit; and
    (7) The names and titles of the U.S. officials conducting the 
visit.
    (c) Importer notification. When CBP initiates a verification by 
sending a request for information or questionnaire under paragraph (a) 
of this section to an exporter or producer or by sending a notification 
of a verification visit under paragraph (b) of this section, CBP will 
notify the importer claiming preferential tariff treatment of the good 
that CBP has initiated a verification of that good, subject to the 
confidentiality provisions in Sec.  182.2.
    (d) Means of communications. (1) For purposes of a verification, it 
is sufficient for CBP to use the contact information provided in the 
certification of origin for any communication sent to the importer, 
exporter, or producer.
    (2) For purposes of a verification, CBP will send all communication 
to the exporter or producer by any means that can produce a 
confirmation of receipt including:
    (i) Electronic mail;
    (ii) International courier services;
    (iii) Certified or registered mail services; or
    (iv) A CBP-authorized electronic data interchange system.
    (e) Time periods. Any time periods specified in this subpart begin 
from the date of confirmation of receipt, provided for in paragraph 
(d)(2) of this section, when sending communication to the exporter or 
producer, and begin from the date the communication is sent when 
sending communication to the importer.
    (f) Response time for a request for information, a questionnaire, 
and a notification of a verification visit--(1) Request for information 
and questionnaire. When CBP sends a request for information or a 
questionnaire, the importer, exporter, or producer will have 30 days 
from the date specified in paragraph (e) of this section to respond and 
provide the requested documentation. CBP may deny the claim for 
preferential tariff treatment of the good, or consider the material 
that is used in the production of the good to be non-originating 
material, for failure to respond to the request for information subject 
to the conditions in Sec.  182.75(c)(1), or for failure to respond to 
the questionnaire.
    (2) Notification of a verification visit. When CBP sends a 
notification of a verification visit, the exporter or producer will 
have 30 days from the date specified in paragraph (e) of this section 
to consent to or deny the verification visit. CBP may deny the claim 
for preferential tariff treatment of the good, or consider the material 
that is used in the production of the good to be non-originating 
material, for failure to provide consent for a verification visit 
within the 30-day response period, unless a postponement is requested 
in accordance with Sec.  182.74(b).

0
51. Add Sec.  182.74 to read as follows:


Sec.  182.74   Verification visit procedures.

    (a) Written consent required. Prior to conducting a verification 
visit in Canada or Mexico, CBP must obtain the written consent of the 
exporter or producer whose premises are to be visited. The exporter or 
producer must submit this written consent, requested in the 
notification of a verification visit under Sec.  182.73(b)(3), to CBP 
through one of the communication means specified in Sec.  182.73(d)(2), 
within the time period provided in Sec.  182.73(f)(2), unless a 
postponement is requested in accordance with paragraph (b) of this 
section.
    (b) Postponement of a verification visit--(1) Request for 
postponement by an exporter or producer. Within 15 days of confirmed 
receipt of the notification of a verification visit, the exporter or 
producer may, on a single occasion, using one of the communication 
means specified in Sec.  182.73(d)(2), request the postponement of the 
verification visit for a period not to exceed 30 days from the proposed 
date of the visit.
    (2) Notification of a postponement. CBP will notify the exporter or 
producer when a postponement request under paragraph (b)(1) of this 
section is received and will provide the new date of the verification 
visit. The Mexican or Canadian customs administration where the 
verification visit will occur may also, within 15 days of confirmed 
receipt of the notification of a verification visit, postpone the 
verification visit for a period not to exceed 60 days from the proposed 
date of the visit or for a longer period as CBP and the Mexican or 
Canadian customs administration may decide. CBP will notify the 
exporter or producer if the verification visit is postponed at the 
request of the Mexican or Canadian customs administration.
    (c) Availability of records--(1) Verification of a good. The 
exporter or producer must make the records, which are required to be 
maintained to demonstrate that the good qualifies for preferential 
tariff treatment under the USMCA, available for inspection by a CBP 
official conducting a verification and provide facilities for that 
inspection during the verification visit. CBP may deny the claim for 
preferential tariff treatment of the good for failure to maintain these 
records or if a CBP official is denied access to these records.
    (2) Verification of a material. During the verification of a 
material, any records in the material producer's possession 
demonstrating that the material qualifies as originating must be made 
available for inspection by a CBP official conducting a verification. 
CBP may consider the material that is the used in the production of the 
good and is the subject of the verification visit to be non-originating 
material if a CBP official is denied access to these records.
    (d) Observers. The exporter or producer may designate up to two 
observers to be present during the verification visit, if the exporter 
or producer chooses, provided that:
    (1) The observers do not participate in a manner other than as 
observers;
    (2) The failure of the exporter or producer to designate observers 
does not result in the postponement of the visit; and
    (3) The exporter or producer identifies to CBP any observers 
designated to be present during the visit.

0
52. Add Sec.  182.75 to subpart G to read as follows:


Sec.  182.75   Determinations of origin.

    (a) Contents. For verifications initiated under this part, CBP will 
issue a determination of origin that sets forth:
    (1) A description of the good that was the subject of the 
verification;
    (2) A statement setting forth the findings of facts made in 
connection with the verification and upon which the determination is 
based; and
    (3) The legal basis for the determination.
    (b) Parties who will receive a determination of origin. CBP will 
issue the determination of origin to the importer, and to the exporter 
or producer who is subject to the verification and either completed the 
certification of origin or provided information directly to CBP during 
the verification, subject to the confidentiality provisions in Sec.  
182.2, within 120 days (or in exceptional cases and upon notification 
to the parties, within 210 days) after CBP has determined that it has 
received all the information necessary to issue a determination of 
origin, including any

[[Page 35592]]

information necessary from the exporter or producer.
    (c) Negative determinations--(1) When a request for information 
must be sent to the exporter or producer prior to issuing a negative 
determination. If a claim for preferential tariff treatment is based on 
a certification of origin completed by the exporter or producer, and, 
in response to a request for information, the importer does not provide 
CBP with sufficient information to verify or substantiate the claim, 
CBP will send a written request for information or its electronic 
equivalent to the exporter or producer that completed the certification 
of origin, subject to the confidentiality provisions in Sec.  182.2, 
prior to issuing a negative determination.
    (2) Denial of preferential tariff treatment. CBP may deny the claim 
for preferential tariff treatment if:
    (i) The certification of origin is not submitted to CBP upon 
request as required pursuant to Sec.  182.12(a);
    (ii) The claim or certification of origin is invalid or based on 
inaccurate information and is not corrected within the required time 
period pursuant to Sec.  182.11(c);
    (iii) CBP determines that the importer, exporter, or producer 
failed to provide sufficient information to substantiate the claim;
    (iv) CBP determines that the good does not qualify for preferential 
tariff treatment, including failing to meet the rules of origin 
requirements in General Note 11, HTSUS, and Appendix A to this part;
    (v) The importer, exporter, or producer fails to respond to the 
request for information pursuant to Sec.  182.73(f)(1) subject to the 
conditions in Sec.  182.75(c)(1);
    (vi) The importer, exporter, or producer fails to respond to the 
questionnaire pursuant to Sec.  182.73(f)(1);
    (vii) The exporter or producer fails to consent to a verification 
visit pursuant to Sec.  182.74;
    (viii) The importer, exporter, or producer fails to maintain 
records demonstrating that the good qualifies for preferential tariff 
treatment as required pursuant to this part;
    (ix) The importer, exporter, or producer denies access, as 
requested by CBP, to records or documentation that are in its 
possession or required to be maintained pursuant to this part;
    (x) The exporter or producer denies access to records or 
documentation that are in its possession or required to be maintained, 
or to facilities during a verification visit as required pursuant to 
this part;
    (xi) CBP finds a pattern of conduct pursuant to Sec.  182.76; or
    (xii) CBP determines that any other reason to deny a claim for 
preferential tariff treatment as set forth in this part applies
    (3) Intent to deny. Prior to issuing a negative determination, CBP 
will inform the importer, and the exporter or producer who is subject 
to the verification and either completed the certification of origin or 
provided information directly to CBP during the verification, of CBP's 
intent to deny preferential tariff treatment, subject to the 
confidentiality provisions in Sec.  182.2. This intent to deny will 
contain the preliminary results of the verification, the effective date 
of the denial of preferential tariff treatment, and a notice to the 
importer, exporter, or producer that CBP will provide 30 days to submit 
additional information, including documents, related to the 
preferential tariff treatment of the good.
    (4) Issuance of a negative determination of origin. CBP will issue 
a negative determination of origin to the parties specified in 
paragraph (b) of this section if CBP determines, at least 30 days after 
receipt by the importer, exporter, or producer of the intent to deny 
issued pursuant to paragraph (c)(3) of this section, that one or more 
of the reasons for denial of preferential tariff treatment under 
paragraph (c)(2) of this section continues to apply. In addition to the 
contents of the determination set forth in paragraph (a) of this 
section, unless CBP determines that there is a pattern of conduct of 
false or unsupported representations pursuant to Sec.  182.76, a 
negative determination of origin will provide the exporter or producer 
with the information necessary to file a protest as provided for in 19 
U.S.C. 1514(e) and part 174 of this chapter.

0
53. Add Sec.  182.76 to subpart G to read as follows:


Sec.  182.76   Repeated false or unsupported preference claims.

    Where the verification reveals a pattern of conduct by the 
importer, exporter, or producer of false or unsupported representations 
relevant to a claim that a good imported into the United States 
qualifies for preferential tariff treatment under the USMCA, CBP may 
withhold preferential tariff treatment under the USMCA for entries of 
identical goods covered by subsequent statements, declarations, or 
certifications by that importer, exporter, or producer until CBP 
determines that representations of that person are in conformity with 
this part and with General Note 11, HTSUS.

0
54. Revise subpart J consisting of Sec. Sec.  182.111 through 182.112 
to read as follows:

Subpart J--Commercial Samples and Goods Returned after Repair or 
Alteration

Sec.
182.111 Commercial samples of negligible value.
182.112 Goods re-entered after repair or alteration in Canada or 
Mexico.


Sec.  182.111   Commercial samples of negligible value.

    (a) General. Commercial samples of negligible value imported from 
Canada or Mexico may qualify for duty-free entry under subheading 
9811.00.60, HTSUS. For purposes of this section, ``commercial samples 
of negligible value'' means commercial samples which have a value, 
individually or in the aggregate as shipped, of not more than one U.S. 
dollar, or the equivalent amount in the currency of Canada or Mexico, 
or which are so marked, torn, perforated, or otherwise treated that 
they are unsuitable for sale or for use except as commercial samples.
    (b) Qualification for duty-free entry. Commercial samples of 
negligible value imported from Canada or Mexico will qualify for duty-
free entry under subheading 9811.00.60, HTSUS, only if:
    (1) The samples are imported solely for the purpose of soliciting 
orders for foreign goods or services; and
    (2) If valued over one U.S. dollar, the samples are properly 
marked, torn, perforated or otherwise treated prior to arrival in the 
United States so that they are unsuitable for sale or for use except as 
commercial samples.


Sec.  182.112   Goods re-entered after repair or alteration in Canada 
or Mexico.

    (a) General. This section sets forth the rules that apply for 
purposes of obtaining duty-free treatment on goods returned after 
repair or alteration in Canada or Mexico as provided for in subheadings 
9802.00.40 and 9802.00.50, HTSUS. Goods returned after having been 
repaired or altered in Canada or Mexico, regardless of whether the 
repair or alteration could be performed in the United States or has 
increased the value of the good and regardless of their origin, are 
eligible for duty-free treatment, provided that the requirements of 
this section are met. For purposes of this section, ``repairs or 
alterations'' means restoration, addition, renovation, re-dyeing, 
cleaning, re-sterilizing, or other treatment that does not destroy the 
essential characteristics of, or create a new or commercially

[[Page 35593]]

different good from, the good exported from the United States.
    (b) Goods not eligible for duty-free treatment after repair or 
alteration. The duty-free treatment referred to in paragraph (a) of 
this section will not apply to goods that:
    (1) In their condition, as exported from the United States to 
Canada or Mexico, are incomplete for their intended use and for which 
the processing operation performed in Canada or Mexico constitutes an 
operation that is performed as a matter of course in the preparation or 
manufacture of finished goods; or
    (2) Are imported under a duty-deferral program that are exported 
for repair or alteration and are not re-imported under a duty-deferral 
program.
    (c) Documentation. The provisions of Sec.  10.8(a), (b), and (c) of 
this chapter, relating to the documentary requirements for goods 
entered under subheading 9802.00.40 or 9802.00.50, HTSUS, will apply in 
connection with the entry of goods which are returned from Canada or 
Mexico after having been exported for repairs or alterations and which 
are claimed to be duty-free.

0
55. Revise subpart K consisting of Sec. Sec.  182.121 through 182.124 
to read as follows:

Subpart K--Penalties

Sec.
182.121 General.
182.122 Corrected claim or certification of origin by importers
182.123 Corrected certification of origin by U.S. exporters or 
producers
182.124 Framework for correcting claims or certifications of origin


Sec.  182.121  General.

    Except as otherwise provided in this subpart, all criminal, civil, 
or administrative penalties which may be imposed on U.S. importers, 
exporters, and producers for violations of the customs and related U.S. 
laws and regulations will also apply to U.S. importers, exporters, and 
producers for violations of the U.S. laws and regulations relating to 
the USMCA.


Sec.  182.122  Corrected claim or certification of origin by importers.

    An importer who makes a corrected claim under Sec.  182.11(c) will 
not be subject to civil or administrative penalties under 19 U.S.C. 
1592 for having made an incorrect claim or having submitted an 
incorrect certification of origin, provided that the corrected claim is 
promptly and voluntarily made in accordance with Sec.  182.124.


Sec.  182.123  Corrected certification of origin by U.S. exporters or 
producers.

    Civil or administrative penalties provided for under 19 U.S.C. 1592 
will not be imposed on an exporter or producer who completed a 
certification of origin for a good exported from the United States to 
Canada or Mexico when the exporter or producer promptly and voluntarily 
provides written notification pursuant to Sec. Sec.  182.21(b) and 
182.124 with respect to the making of an incorrect certification of 
origin.


Sec.  182.124  Framework for correcting claims or certifications of 
origin.

    (a) ``Promptly and voluntarily'' defined. Except as provided for in 
paragraph (b) of this section, for purposes of this part, the making of 
a corrected claim or certification of origin by an importer or the 
providing of written notification of an incorrect certification of 
origin by an exporter or producer will be deemed to have been done 
promptly and voluntarily if:
    (1)(i) Done before the commencement of a formal investigation, 
within the meaning of Sec.  162.74(g) of this chapter; or
    (ii) Done before any of the events specified in Sec.  162.74(i) of 
this chapter has occurred; or
    (iii) Done within 30 days after the importer, exporter, or producer 
initially becomes aware that the claim or certification is incorrect; 
and
    (2) Accompanied by a statement setting forth the information 
specified in paragraph (c) of this section; and
    (3) In the case of a corrected claim or certification of origin by 
an importer, accompanied or followed by a tender of any actual loss of 
duties and merchandise processing fees, if applicable, in accordance 
with paragraph (d) of this section.
    (b) Exception in cases involving fraud or subsequent incorrect 
claims--(1) Fraud. Notwithstanding paragraph (a) of this section, a 
person who acted fraudulently in making an incorrect claim or 
certification of origin may not make a voluntary correction of that 
claim or certification of origin. For purposes of this paragraph, the 
term ``fraud'' will have the meaning set forth in paragraph (C)(3) of 
Appendix B to part 171 of this chapter.
    (2) Subsequent incorrect claims. An importer who makes one or more 
incorrect claims after becoming aware that a claim involving the same 
merchandise and circumstances is invalid may not make a voluntary 
correction of the subsequent claims pursuant to paragraph (a) of this 
section.
    (c) Statement. For purposes of this part, each corrected claim or 
certification of origin must be accompanied by a statement, submitted 
in writing or via a CBP-authorized electronic data interchange system, 
which:
    (1) Identifies the class or kind of good to which the incorrect 
claim or certification of origin relates;
    (2) In the case of a corrected claim or certification of origin by 
an importer, identifies each affected import transaction, including 
each port of importation and the approximate date of each importation;
    (3) In the case of a written notification of an incorrect 
certification of origin by an exporter or producer, identifies each 
affected export transaction, including each port of exportation and the 
approximate date of each exportation. A producer who provides written 
notification that certain information in a certification of origin is 
incorrect and who is unable to identify the specific export 
transactions under this paragraph must provide as much information 
concerning those transactions as the producer, by the exercise of good 
faith and due diligence, is able to obtain;
    (4) Specifies the nature of the incorrect statements or omissions 
regarding the claim or certification of origin; and
    (5) Sets forth, to the best of the person's knowledge, the true and 
accurate information or data which should have been covered by or 
provided in the claim or certification of origin, and states that the 
person will provide any additional information or data which is unknown 
at the time of making the corrected claim or certification of origin 
within 30 days or within any extension of that 30-day period as CBP may 
permit in order for the person to obtain the information or data.
    (d) Tender of actual loss of duties. A U.S. importer who makes a 
corrected claim must tender any actual loss of duties at the time of 
making the corrected claim, or within 30 days thereafter, or within any 
extension of that 30-day period as CBP may allow in order for the 
importer to obtain the information or data necessary to calculate the 
duties owed.

PART 190--MODERNIZED DRAWBACK

0
56. The general and specific authority citations for part 190 continue 
to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1313, 1624;
    Sec. Sec.  190.2, 190.10, 190.15, 190.23, 190.38, 190.51 issued 
under 19 U.S.C. 1508;
* * * * *

[[Page 35594]]

Sec.  190.0  [Amended]

0
57. Amend Sec.  190.0 by adding the phrase ``, and provisions relating 
to the Agreement Between the United States of America, the United 
Mexican States, and Canada (USMCA) are contained in subpart E of part 
182 of this chapter'' after the words ``part 181 of this chapter''.


Sec.  190.0a  [Amended]

0
58. Amend Sec.  190.0a as follows:
0
a. Add the words ``and USMCA'' after the term ``NAFTA'' in the 
paragraph heading;
0
b. Add the words ``or part 182'' after the number ``181''.


Sec.  190.51  [Amended]

0
59. Amend Sec.  190.51(a)(2)(xv) as follows:
0
a. Add the words ``and USMCA'' after the words ``For NAFTA'';
0
b. Remove the words ``part 181'' and add in their place the words 
``parts 181 and 182'';
0
c. Remove the words ``to NAFTA countries''.
    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, is delegating 
the authority to electronically sign this document to Robert F. Altneu, 
who is the Director of the Regulations and Disclosure Law Division for 
CBP, for purposes of publication in the Federal Register.

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.

    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021-14264 Filed 7-1-21; 11:15 am]
BILLING CODE 9111-14-P