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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations 2 The address of a producer provided under paragraph a4iv is the place of production of the good in a USMCA countrys territory; and 3 The address of the importer provided under paragraph a4v must be in a USMCA countrys territory.
c Confidentiality of producer information. For the purposes of the information provided under paragraph a4iv of this section, a person that wishes for this information to remain confidential may state Available upon request by the importing authorities.
d Responsible official or agent. The certification of origin provided for in paragraph a of this section must be signed and dated by a responsible official of the importer, exporter, or producer, or by the importers, exporters, or producers authorized agent having knowledge of the relevant facts.
e Language. The certification provided for in paragraph a of this section must be completed in English, French, or Spanish. If the certification of origin is not in English, CBP may require the importer to submit an English translation of the certification.
f Basis of a certification of origin. 1
A certification of origin may be completed by the importer, exporter, or producer of the good on the basis of:
i The certifier of the certification of origin of the good having information, including documents, that demonstrate that the good is originating; or ii In the case of an exporter who is not the producer of the good, reasonable reliance on the producers written representation, such as in a certification of origin, that the good is originating.
2 CBP may not require that an exporter or producer complete a certification of origin, or provide a certification of origin or written representation to another person.
g Applicability of certification of origin. The certification of origin provided for in paragraph a of this section may be applicable to:
1 A shipment of goods into the United States, which may consist of:
i A single shipment of goods that results in the filing of one or more entries; or ii More than one shipment of goods that results in the filing of one entry.
2 Multiple shipments of identical goods into the United States that occur within a specified blanket period, not exceeding 12 months, set out in the certification.
h Validity of certification of origin.
A certification of origin that is properly completed, signed, and dated in accordance with the requirements of this section will be accepted as valid for
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four years following the date on which it was completed.
28. Add 182.13 to read as follows:
182.13

Importer obligations.

a General. An importer who makes a claim for USMCA preferential tariff treatment:
1 Will be deemed to have made a statement based on a valid certification of origin that the good qualifies as an originating good;
2 Is responsible for the truthfulness of the claim and of all the information and data contained in the certification of origin provided for in 182.12; and 3 Is responsible for submitting supporting documents requested by CBP, and for the truthfulness of the information contained in those documents. When a certification of origin prepared by an exporter or producer forms the basis of a claim for preferential tariff treatment and CBP
requests the submission of supporting documents, the importer will provide to CBP, or arrange for the direct submission by the exporter or producer of, information relied on by the exporter or producer in preparing the certification.
b Exemption from penalties. An importer will not be subject to civil or administrative penalties under 19 U.S.C.
1592 for making an incorrect claim for preferential tariff treatment or submitting an incorrect certification of origin, provided that the importer promptly and voluntarily corrects the claim or certification of origin, pays any duties and merchandise processing fees, if applicable, that may be due, and submits a statement either in writing or via a CBP-authorized electronic data interchange system to the CBP office where the original claim was filed in accordance with 182.124 see 182.122 and 182.124.
29. Add 182.14 to read as follows:
182.14 Certification of origin not required.

a General. Except as otherwise provided in paragraph b of this section, an importer will not be required to submit a copy of a certification of origin under 182.12 for:
1 A non-commercial importation of a good; or 2 A commercial importation for which the value of the originating goods does not exceed $2,500 in U.S. dollars.
b Exception. If CBP determines that an importation described in paragraph a of this section is part of a series of importations carried out or planned for the purpose of evading compliance with the certification requirements of 182.12, CBP will notify the importer
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that for that importation the importer must submit to CBP a copy of the certification of origin. The importer must submit such a copy within 30 days from the date of the notice. Failure to timely submit a copy of the certification of origin will result in denial of the claim for preferential tariff treatment.
30. Add 182.15 to read as follows:
182.15

Maintenance of records.

a General. An importer claiming USMCA preferential tariff treatment for a good must maintain for a minimum of five years from the date of importation of the good, all records and documents that the importer has demonstrating that the good qualifies for preferential tariff treatment under the USMCA, including the certification of origin and records related to transit and transshipment.
These records are in addition to any other records that the importer is required to prepare, maintain, or make available to CBP under part 163 of this chapter.
b Method of maintenance. The records and documents referred to in paragraph a of this section must be maintained by importers as provided in 163.5 of this chapter.
31. Add 182.16 to read as follows:
182.16 Effect of noncompliance; failure to provide documentation regarding transshipment.

a General. If the importer fails to comply with applicable requirements under this subpart, including submission of a complete certification of origin prepared in accordance with 182.12 and 182.14, when requested, CBP may deny preferential tariff treatment to the imported good.
b Failure to provide documentation regarding transshipment. Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, CBP nevertheless may deny preferential tariff treatment to an originating good if the good is transported outside the territories of the USMCA countries, and at the request of CBP, the importer of the good does not provide evidence demonstrating to the satisfaction of CBP that the transit and transshipment conditions set forth in Appendix A of this part were met.
Subpart CExport Requirements

32. Add 182.21 to read as follows:

182.21 Certification of origin for goods exported to Canada or Mexico.

a Submission of certification of origin to CBP. An exporter or producer who completes a certification of origin for a good exported from the United States to Canada or Mexico must
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