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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations implementing legislation, the USMCA
entered into force on July 1, 2020.
Subsequent to the USMCAs entry into force date, on December 27, 2020, the Consolidated Appropriations Act, 2021 Appropriations Act, Public Law 116260, was enacted with Title VI of the Act containing technical corrections to the USMCA Act. All of the changes contained within Title VI of the Appropriations Act are retroactively effective on July 1, 2020, which is the entry into force date of the USMCA.
These changes include amending section 202 of the USMCA Act 19
U.S.C. 4531 to prohibit non-originating goods used in production processes within foreign trade zones FTZs from qualifying as originating goods under the USMCA. See section 601b of Title VI of the Appropriations Act.
Additionally, section 601e of Title VI
of the Appropriations Act amended 19
U.S.C. 1520d to allow the refund of merchandise processing fees for USMCA post-importation claims.
Pursuant to Article 5.16 of the USMCA, the United States, Mexico, and Canada trilaterally negotiated and agreed to Uniform Regulations. The USMCA Free Trade Commission adopted the Uniform Regulations in its Decision No.1, effective as of the date of entry into force of the USMCA. Annex I to that decision includes: 2
The Uniform Regulations Regarding the Interpretation, Application, and Administration of Chapter 4 Rules of Origin and Related Provisions in Chapter 6 Textile and Apparel Goods Uniform Regulations regarding rules of origin, and The Uniform Regulations Regarding the Interpretation, Application, and Administration of Chapters 5 Origin Procedures, 6 Textile and Apparel Goods, and 7 Customs Administration and Trade Facilitation of the Agreement Between the United States of America, the United Mexican States, and Canada Uniform Regulations regarding origin procedures.
In accordance with USMCA Article 5.16, modifications or additions to the Uniform Regulations shall be considered regularly to reduce their complexity and to ensure better compliance. To this end, further iterations of the Uniform Regulations may be negotiated. Part 182 of title 19
of the Code of Federal Regulations CFR19 CFR part 182 will be amended through rulemaking to reflect future 2 Available at: https ustr.gov/trade-agreements/
free-trade-agreements/united-states-mexicocanada-agreement/free-trade-commissiondecisions/usmca-free-trade-commission-decisionno-1.

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changes to the Uniform Regulations, as needed.
The USMCA superseded NAFTA and its related provisions on the USMCAs entry into force date. See Protocol, paragraph 1. Section 601 of the USMCA
Act repealed the North American Free Trade Agreement Implementation Act NAFTA Implementation Act, Public Law 103182, 107 Stat. 2057 19 U.S.C.
3301, as of the date that the USMCA
entered into force. The NAFTA
provisions set forth in part 181 of title 19 of the CFR 19 CFR part 181 and in General Note 12, Harmonized Tariff Schedule of the United States HTSUS, continue to apply to goods entered for consumption, or withdrawn from warehouse for consumption, prior to July 1, 2020.
Claims for preferential tariff treatment under the USMCA may be made as of July 1, 2020. On July 1, 2020, CBP
published an interim final rule IFR, entitled Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada USMCA Uniform Regulations Regarding Rules of Origin, in the Federal Register 85 FR 39690, amending part 181 and adding a new part 182 containing several USMCA
provisions, including the Uniform Regulations regarding rules of origin Appendix A to part 182. In addition to those regulations and the regulations set forth in this document, persons intending to make USMCA preference claims may refer to the CBP website at https www.cbp.gov/trade/priorityissues/trade-agreements/free-tradeagreements/USMCA for further guidance, including the U.S. USMCA
Implementing Instructions. The United States International Trade Commission has modified the HTSUS to include the addition of a new General Note 11, incorporating the USMCA rules of origin for preference purposes, and the insertion of the special program indicator S or S+ for the USMCA in the HTSUS special rate of duty subcolumn.3
A. The Customs Related USMCA
Provisions The USMCA is composed of 34
chapters along with additional side letters. CBP is responsible for administering the customs related provisions contained within Chapters 1
Initial Provisions and General Definitions, 2 National Treatment and Market Access for Goods, 4 Rules of Origin, 5 Origin Procedures, 6 Textile and Apparel Goods and 7 Customs 3 The S+ indicator is used for certain agricultural goods and textile tariff preference levels TPLs.

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Administration and Trade Facilitation of the USMCA and the Uniform Regulations regarding rules of origin as well as the Uniform Regulations regarding origin procedures, pursuant to Article 5.16 of the USMCA.
This IFR amends the CBP regulations to implement significant portions of the USMCA, but does not contain all relevant subparts. CBP will promulgate the remaining USMCA implementing regulations and solicit public comments at a later date. Additionally, future trilateral negotiations on the Uniform Regulations may result in additional provisions that must be included in the rulemaking process at a later date. CBP
will address any comments received in a final rule published in the Federal Register.
1. Customs Related USMCA Provisions Addressed in This IFR
Chapter 1 of the USMCA contains the general definitions and country-specific definitions applicable to the USMCA, unless otherwise provided.
Chapter 2 of the USMCA sets forth the national treatment and market access provisions. Unless otherwise provided, each USMCA country shall apply a customs duty on an originating good in accordance with its Schedule to Annex 2B Tariff Commitments of Chapter 2
of the USMCA. See Article 2.4 of the USMCA. Appendix 2 to Annex 2B of Chapter 2 of the USMCA contains the Tariff Schedule of the United States reflecting the tariff-rate quotas that the United States will apply to certain originating goods from Canada under the USMCA. Specifically, paragraph 15
of Appendix 2 to Annex 2B contains the tariff-rate quota for sugar-containing products of Canada that necessitates an amendment to the CBP regulations.
Chapter 2 of the USMCA also sets forth the definition of commercial samples of negligible value Article 2.1; the duty-free treatment of those commercial samples of negligible value, subject to certain conditions Article 2.9; the duty-free treatment of goods re-entered after being temporarily exported to another USMCA country for repair or alteration, subject to certain exceptions and conditions Article 2.8; and the drawback and duty-deferral program provisions Article 2.5.
Chapter 5 of the USMCA sets forth the origin procedures. Specifically, Chapter 5 of the USMCA contains the rules for making a claim for preferential tariff treatment Article 5.2; the requirements for a certification of origin Article 5.2;
the set of minimum data elements required for a certification of origin Annex 5A; the basis of the certification of origin Article 5.3; the
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