Updated USMCA Interim Implementing Instructions

CBP has released an Updated USMCA Interim Implementing Instructions on June 16, 2020. This document replaces the Interim Implementing Instructions issued on April 20, 2020.

These Updated Interim Implementing Instructions are informational and provide early guidance on the new requirements under the USMCA, including information on claiming USMCA preferential treatment for goods.

One of the import updates provide deals with eligible articles, goods that are eligible for preferential tariff treatment under USMCA will have an indicator of “S” or S+” in the HTSUS. S+ is designated for certain agricultural tariff rate quota (TRQ) goods, agricultural staging goods and textile preference label (TPL) goods.  S+ is used only when the TSUS provides different preferential tariff treatment to each of the USMCA countries.

USMCA preference may also be claimed on unconditionally free tariff items and is used to receive the exemption from Merchandise Processing fees (MPF).

Soon CBP will release its “Final Implementing Instructions” and will provide the Trade and Field with additional details on the USMCA entry, compliance, and other requirements.

The supporting USMCA regulations, the new Part 182 of Title 19, Code of Federal Regulations 182 (19 CFR 182) is to include the USMCA Uniform Regulations and will be issued July 1, 2020. Additionally, the Harmonized Tariff Schedule of the United States will be amended effective, July 1, 2020 to include General Note 11 (GN11) with information on the USMCA rules of origin, product specific rules, and other requirements.

Keep in mind, until the USMCA enters into force, the North American Free Trade Agreement (NAFTA) requirements remains in effect.

Sources: CBP, BDP International