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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 producers 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 182.73b, the response time for responding to a notification of a verification visit 182.73f2, the written consent required prior to the verification visit 182.74a, the option to request a postponement of the visit 182.74b, the records that must be made available for inspection by a CBP official conducting the verification, the facilities provided for that inspection 182.74c, and the right to have observers 182.74d.
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 182.75b, 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
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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 182.75b, 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 c2 contains the reasons that CBP may deny USMCA preferential tariff treatment as set forth in USMCA
Article 5.10.2. CBP will amend paragraph c2 in a subsequent rulemaking to be published in the
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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 c2
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 c3 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 CBPs 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 c4, 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 182.75a, 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.
1514e 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. 1514e, 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
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