In order to claim preferential tariff treatment under the Canada-United States-Mexico Agreement (CUSMA), a certification of origin is required. The certification of origin has no prescribed format, but instead consists of a set of minimum data elements, which are set out in Annex 5-A of the Origin Procedures Chapter (Chapter 5 of the CUSMA). An example of a valid certification of origin containing the minimum data elements can be found below.
The certification of origin may be completed by either the exporter, producer or importer of the goods for the purpose of certifying that a good being exported from the territory of another party qualifies as an originating good. It may be provided on an invoice or any other document, and may be completed and submitted electronically including with an electronic or digital signature.
An importer is required to have the certification of origin in its possession at the time that the importer makes a claim for preferential tariff treatment. The importer must provide the certification of origin to the CBSA upon request, as stipulated in Article 5.4(1)(c) of the CUSMA (Obligations Regarding Importations).
The certifier must maintain records to substantiate that the good is an originating good, including information and documents such as bills of lading, invoices, and customs control documents. The certification of origin can include all data elements as listed in a single, separate electronic or physical document, or all data elements as added to or found in an invoice or any other document.
Example of a valid certification of origin
The Old Sod Shanty, a Canadian western apparel store located in Alberta, will be importing multiple shipments of two different leather belt models (model “Western King” and model “Western Queen”), which are manufactured in and exported from El Paso, Texas, US. These will be imported over a blanket period from , to . The producer and exporter of the two leather belt models, Belt-R-Up Company, has completed and signed the valid CUSMA certification of origin below. The Old Sod Shanty, as the importer, has the certification of origin in its possession.
Certification of origin (minimum data elements)
- 1. Importer, exporter or producer: Certification of origin
The certifier of this certification of origin is the exporter and producer of the goods.
- 2. Certifier
Pedro Sanchez, President
123 Buckle Street
El Paso, Texas US 39812
- 3. Exporter
Same as above (data element 2).
- This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter.
- The address of the exporter shall be the place of export of the good in a party’s territory, which is in this case in El Paso, Texas, US.
- 4. Producer
Same as above (data element 2).
- If there are multiple producers, state “various” or provide a list of the producers. A person that wishes for this information to remain confidential may state “Available upon request by the importing authorities.”
- The address of a producer shall be the place of production of the good in a party’s territory, which is in this case in El Paso, Texas, US.
- 5. Importer
Jack Johnson, Owner
The Old Sod Shanty
5754 32nd Avenue
Calgary AB T3J 3N9
Note: The address of the importer shall be in a party’s territory, which in this case is in Calgary, Alberta, Canada.
- 6. Description and HS tariff classification of the good (6-digit level)
Leather belts Model 2725 “Western King,” dark brown, H.S. Tariff Classification Number 4203.30
Leather belts Model 2726 “Western Queen,” light brown, H.S. Tariff Classification Number 4203.30
- The description of the good should be sufficient to relate it to the good covered by the certification.
- If the certification of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.
- 7. Origin criteria (as set out in Article 4.2 (Originating Goods))
The applicable origin criterion under which the goods qualify is criterion “B.”
Note: As per Article 4.2(b), the goods are “produced entirely in the territory of one or more of the parties using non-originating materials provided the good satisfies all applicable requirements of Annex 4-B (Product-Specific Rules of Origin).” Under Annex 4-B, the product-specific rule of origin for 42.03-42.06 is “a change to heading 42.03 through 42.06 from any other chapter.”
- 8. Blanket period
Note: Include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 5.2 (Claims for Preferential Treatment).
- 9. Authorized signature of certifier, date and certifying statement
I, Pedro Sanchez, 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.
Pedro Sanchez, President, Belt-R-Up Company
Name, Title and Company
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