Who can complete a CUSMA certification of origin and what it must contain

The certification of origin must contain nine minimum data elements and enough information to support the claim that the goods qualify as originating under CUSMA.

Claiming preferential tariff treatment under CUSMA can reduce or eliminate customs duties on qualifying goods imported from the United States or Mexico, but the claim needs to be supported by a valid CUSMA certification of origin.

If the certification is incomplete, incorrect, or does not adequately support the origin of the goods, the importer may need to correct the certification or could lose the preferential tariff treatment claimed.

In this article, we explain what a CUSMA certification of origin does, who can complete it, and what information it must contain.

What does a CUSMA certification do?

A CUSMA certification of origin provides the information used to support a claim for ⁠preferential tariff treatment under the Canada-United States-Mexico Agreement.

It indicates that the goods meet the applicable ⁠rules of origin and supports the importer’s claim that they qualify as originating goods.

Under CUSMA, the ⁠certification of origin may be provided on an invoice or another document, provided that the document contains the required information.

However, if the invoice is issued in a country outside Canada, the United States, or Mexico, the certification of origin must be provided on a separate document.

The importer must have the certification of origin in their possession when making a claim for preferential tariff treatment and must provide it to the Canada Border Services Agency (CBSA) upon request.

Who can complete a CUSMA certification of origin?

Under CUSMA, a certification of origin may be completed by the exporter, producer, or importer of the goods. The person completing the certification must have information that supports the claim that the goods qualify as originating under CUSMA.

• A producer may complete the certification based on information, including documents, demonstrating that the goods are originating.

• An exporter that is not the producer may complete it based on information demonstrating that the goods are originating or reasonable reliance on the producer’s written representation that the goods are originating.

• An importer may also complete a CUSMA certification of origin based on information and documents demonstrating that the goods are originating.

This differs from NAFTA, where the prescribed Certificate of Origin was completed by the exporter.

What information must a CUSMA certification of origin contain?

A CUSMA certification of origin does not need to follow a prescribed format. However, it must contain ⁠nine minimum data elements:

• Importer, exporter, or producer: Indicate whether the person completing the certification is the importer, exporter, or producer
• Certifier: Provide the certifier’s name, title, address, including country, telephone number, and email address
• Exporter: Provide the exporter’s name, address, email address, and telephone number if different from the certifier. The address must be the place of export of the goods in the territory of a CUSMA country. This information is not required if the producer is completing the certification and does not know the identity of the exporter
• Producer: Provide the producer’s name, address, email address, and telephone number if different from the certifier or exporter. The address must be the place of production of the goods in the territory of a CUSMA country. If there are multiple producers, they can be listed or identified as “Various.” If the producer’s information is confidential, it may be identified as “Available upon request by the importing authorities”
• Importer: If known, provide the importer’s name, address, email address, and telephone number. The address must be in the territory of a CUSMA country
• Description and HS tariff classification: Provide a description sufficient to identify the goods and their HS tariff classification to the six-digit level. For a single shipment, the related invoice number should also be provided if known
• Origin criterion: Specify the CUSMA origin criterion under which the goods qualify
• Blanket period: If the certification covers multiple shipments of identical goods, provide the period covered, which cannot exceed 12 months
• Authorized signature, date, and certifying statement: The certifier must sign and date the certification and include the certifying statement required under CUSMA

How Cole International can help

Cole International provides trade consulting and customs brokerage services to help Canadian businesses navigate CUSMA requirements and claim preferential tariff treatment when importing qualifying goods.

Reach out to one of our trade professionals for help understanding the certification of origin requirements that apply to your CUSMA claim.