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 Annex5-A of the Origin Procedures Chapter (Chapter5 of the CUSMA). A table containing explanatory notes for each data element, as well as two examples of a valid certification of origin containing the minimum data elements can be found below.
General requirements
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.
Article5.4(1)(b) and (c) of the CUSMA (Obligations Regarding Importations) stipulates that 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 and must provide the certification of origin to the CBSA upon request.
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.
Minimum data elements: Explanatory notes
A certification of origin that forms the basis for a claim for the CUSMA preferential tariff treatment, as per Chapter5 (Origin Procedures) of the CUSMA, shall include the following elements:
| Minimum data element | Explanatory notes |
|---|---|
| 1. Importer, exporter or producer: Certification of origin | Indicate whether the certifier is the exporter, producer, or importer of the good in accordance with Article5.2 (Claims for Preferential Tariff Treatment). |
| 2. Certifier | Provide the certifier's name, title, address (including country), telephone number, and e-mail address. There may be instances where the certifier address may be located outside the territory of the CUSMA Parties, such as where the corporate HQ address of the company where the invoices are created is not in the territory. Nevertheless, the certifier remains required to provide the address in the territory of the exporter or producer as required by the data elements below. |
| 3. Exporter | Provide the exporter's name, address (including country), email address, and telephone number if different from the certifier. The address of the exporter shall be the place of export of the good in a Party's territory. This address must be in the territory of a CUSMA Party (Canada, US or Mexico). This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter. In these circ*mstances, state "Unknown". |
| 4. Producer | Provide the producer's name, address (including country), email address, and telephone number if different from the certifier or exporter. The address of a producer shall be the place of production of the good in a Party's territory. This address must be in the territory of a CUSMA Party (Canada, US or Mexico). 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". If the producer is unknown, state "Unknown". |
| 5. Importer | Provide, if known, the importer's name, address, email address, and telephone number. The address of the importer shall be in a Party's territory. This address must be in the territory of a CUSMA Party (Canada, US or Mexico). If there are multiple importers, state "Various" and provide a list of the importers upon request by the CBSA. If the importer is unknown, state "Unknown". |
| 6. Description and HS tariff classification of the good (6-digit level) | Provide a description of the good and the HS tariff classification of the good to the 6-digit level. 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 | Specify the origin criterion under which the good qualifies, as set out in Article4.2 (Originating Goods). Please see CUSMA Chapter4 (Rules of Origin). The certifier may choose how to explain the rule of origin or origin criterion under which the good is considered originating. It must clearly make reference to the CUSMA Rules of Origin. The following are examples of how the origin criterion may be stated:
Where a certification of origin is completed based on Section3(7) and Schedule2 of the CUSMA Rules of Origin Regulations (previously "Criteria E" under the NAFTA), the certifier shall indicate "Schedule2 of the CUSMA Rules of Origin Regulations" within the certification of origin. Note: The goods listed in Section3(7) and Schedule2 of the CUSMA Rules of Origin Regulations are duty free under the Most-Favoured-Nation tariff treatment, upon importation into Canada. |
| 8. Blanket period | Include the blanket period if the certification covers multiple shipments of identical goods for a specified period of up to 12months as set out in Article5.2 (Claims for Preferential Treatment). Please see CUSMA Chapter5 (Origin Procedures). The blanket period specified in the certification of origin cannot exceed 12months, but may be for a period of less than 12months. For instance, a 6month blanket period, from to . |
| 9. Authorized signature of certifier, date and certifying statement | The certification of origin must be signed and dated by the certifier and accompanied by 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. |
Examples of a valid certification of origin
Producer and exporter as certifier
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, USA. These will be imported over a blanket period from to . The exporter who is also the producer 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
Belt-R-Up Company
123 Buckle Street
El Paso, Texas USA 39812
(111) 111-1111
pedrosanchez@beltrup.com- 3. Exporter
Same as above (data element2).
Explanatory remark: 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, USA.
- 4. Producer
Same as above (data element2).
Explanatory remark: 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, USA.
- 5. Importer
Jack Johnson, Owner
The Old Sod Shanty
5754 32nd Ave.
Calgary, Alberta
T3J3N9, Canada
(555) 555-5555
jackjohnson@oldsodshanty.comExplanatory remark: 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 Number4203.30
Leather belts Model 2726 "Western Queen", light brown, H.S. Tariff Classification Number4203.30
- 7. Origin criteria (as set out in Article4.2 (Originating Goods))
The applicable origin criterion under which the goods qualify is Article4.2(b).
Explanatory remark: As per Article4.2(b) in Chapter4 (Rules of Origin) of the CUSMA, the goods in this example are "produced entirely in the territory of one or more of the Parties using non-originating materials provided the goods satisfy all applicable requirements of Annex4-B (Product-Specific Rules of Origin)". Under Annex4-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". The goods in this example meet the requirements of this product-specific rule of origin.
- 8. Blanket period
From:
To:Explanatory remark: This blanket period covers multiple shipments of identical goods for a specified period of up to 12months.
- 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
Authorized SignaturePedro Sanchez, President, Belt-R-Up Company
Name, Title and Company
Date
Importer as certifier
Alpine Foods Market, a Canadian grocery store in Ontario, will be importing multiple shipments of dill pickled cucumbers sold in 5gallon pails which are manufactured in and exported from St. Petersburg, Florida, USA. These goods will be imported over a blanket period from to . Sunny Valley Foods Inc. is the American producer and exporter of the goods, and an affiliated company to Alpine Foods Market. Sunny Valley Foods Inc. has provided Alpine Foods Market with the necessary information to complete the certification of origin, including documents that demonstrate that the good is originating. Alpine Foods Market, as the Canadian importer, has completed and signed the valid CUSMA certification of origin below on the basis of this information.
Certification of origin (minimum data elements)
- 1. Importer, exporter, or producer: Certification of origin
The certifier of this certification of origin is the importer of the goods.
- 2. Certifier
Tom Belton, Manager and Franchise Owner
Alpine Foods Market
555 Pine Street
Toronto, Ontario
M7K4L7, Canada
(222) 222-2222
tombelton@alpinefoods.com- 3. Exporter
Mary Smith, President
Sunny Valley Foods Inc.
3500 Sunnyside Street
St. Petersburg, Florida USA 38978
(777) 777-7777
marysmith@sunnyvalleyfoods.comExplanatory remark: 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 St. Petersburg, Florida, USA.
- 4. Producer
Same as above (data element3).
Explanatory remark: 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 St. Petersburg, Florida, USA.
- 5. Importer
Same as above (data element2).
Explanatory remark: The address of the importer shall be in a Party's territory, which in this case is in Toronto, Ontario, Canada.
- 6. Description and HS tariff classification of the good (6-digit level)
Sunny Valley Foods Premium Dill Pickled Cucumbers, 5 GL, H.S. Tariff Classification Number 2001.10
- 7. Origin criteria (as set out in Article4.2 (Originating Goods))
The applicable origin criterion under which the goods qualify is Article4.2(b).
Explanatory remark: As per Article4.2(b) in Chapter4 (Rules of Origin) of the CUSMA, the goods in this example are "produced entirely in the territory of one or more of the Parties using non-originating materials provided the goods satisfy all applicable requirements of Annex4-B (Product-Specific Rules of Origin)". Under Annex4-B, the product-specific rule of origin for 20.01-20.07 is "A change to heading 20.01 through 20.07 from any other chapter". The goods in this example meet the requirements of this product-specific rule of origin.
- 8. Blanket period
From:
To:Explanatory remark: This blanket period covers multiple shipments of identical goods for a specified period of up to 6months.
- 9. Authorized signature of certifier, date and certifying statement
I, Tom Belton, 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.
Tom Belton
Authorized SignatureTom Belton, Manager and Franchise Owner, Alpine Foods Market
Name, Title and Company
Date
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