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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations marking purposes for goods imported from USMCA countries.
For the definition of ultimate purchaser in 134.1d, CBP is adding or USMCA to note that, instead of the general definition of ultimate purchaser, the USMCA will use the same definition of ultimate purchaser as applied to a good of a NAFTA
country. For a good of a NAFTA or USMCA country, the ultimate purchaser is the last person in the United States who purchases the good in the form in which it was imported.
The words or USMCA have also been added to the examples and the term part 102 Rules has replaced the term NAFTA Marking Rules, in the examples of an ultimate purchaser, as appropriate.
CBP is further amending 134.1g to add the USMCA to the definition of a good of a NAFTA country and to replace references to the NAFTA
Marking Rules with part 102 Rules.
The paragraph heading of paragraph g has been revised to read good of a NAFTA or USMCA country and or USMCA has been added to the definition to define a good of a NAFTA
or USMCA country for marking purposes, as an article for which the country of origin is Canada, Mexico, or the United States as determined under the part 102 Rules. Paragraph i defining a NAFTA country has similarly been revised. The paragraph heading of paragraph i has been revised to read NAFTA or USMCA
country and the appropriate crossreference to the definition of territory in the USMCA has been added.
Accordingly, a NAFTA or USMCA
country is defined as the territory of the United States, Canada, or Mexico, as defined in Annex 201.1 of the NAFTA
and Chapter 1, Section C of the USMCA.
Finally, 134.1 has added a new paragraph l to include a definition of USMCA and has revised the definition of NAFTA in paragraph h.
The new paragraph l defines USMCA as the Agreement between the United States of America, the United Mexican States, and Canada USMCA, entered into force by the United States, Canada and Mexico on July 1, 2020.
CBP has also added a second sentence to the definition of NAFTA stating that NAFTA is not applicable to goods entered for consumption, or withdrawn from warehouse for consumption, on or after July 1, 2020 to clarify in part 134
that the USMCA superseded NAFTA
when it entered into force.
2. Marking of Containers Subpart C of part 134 addresses the marking requirements and exceptions
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under 19 U.S.C. 1304b for containers and holders. CBP is amending 134.22, 134.23 and 134.24, which provide the general rules for marking of containers or holders, the rules for containers or holders designed for or capable of reuse, and the rules for containers or holders not designed for or capable of reuse, to add the necessary USMCA references. Specifically, CBP is adding or USMCA to 134.22b, d2, and e1 to indicate that a good of a USMCA country which is a usual container is treated the same as a good of a NAFTA country. No marking is required for any good of a NAFTA or USMCA country that is a usual container.
CBP is amending 134.23a to note that the exception for goods of a NAFTA
country which are usual containers also applies to the USMCA with the addition of the words or USMCA. CBP is also revising 134.24c1, c2, and d1
by adding or USMCA to clarify that disposable containers or holders are treated the same under the USMCA as under NAFTA.
3. Exceptions to the Marking Requirements In section 209 of the USMCA Act, Congress amended section 304k of the Tariff Act of 1930, as amended 19
U.S.C 1304k, to create the same exceptions to the marking requirements for the goods of a USMCA country as under NAFTA. Section 134.32 contains the general exceptions to the marking requirements. CBP is adding or USMCA to paragraphs h, p and q of 134.32 to indicate that the exceptions to the marking requirements apply to NAFTA and the USMCA.
These general exceptions to the marking requirements are: to articles of a USMCA country for which the ultimate purchaser must reasonably know the country of origin by reason of the circumstances of their importation or by reason of the character of the articles even though they are not marked to indicate their origin; to goods of a USMCA country which are original works of art; and to goods of a USMCA
country which are provided for in subheading 6904.10 or heading 8541 or 8542 of the HTSUS.
4. Other Marking Provisions CBP is also adding or USMCA to multiple other provisions in part 134 to indicate that goods of a USMCA country are subject to the same treatment and marking requirements as goods of a NAFTA country. Specifically, CBP is revising 134.35a and b, 134.43a, c3, d3, and 134.45a2 to include the USMCA. These sections address
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articles substantially changed by manufacture, methods of marking specific articles, and approved markings of country name, respectively.
Additionally, CBP is revising 134.35b to replace a reference to the NAFTA
Marking Rules with part 102 Rules.
E. Part 163
Part 163, Recordkeeping, sets forth the recordkeeping requirements and procedures governing the maintenance, production, inspection, and examination of records. As discussed in more detail in Section III.F., Subpart CExport Requirements below, 19 CFR
182.21c requires an exporter or producer who completes a certification of origin or a producer who provides a written representation for a good exported from the United States to Canada or Mexico to maintain all records and supporting documents relating to the origin of a good for which the certification of origin was completed. The records must be maintained as provided for in 163.5.
Because 163.5a qualifies that the requirement to maintain records for the required retention periods and in the prescribed format only pertains to persons listed in 163.2, CBP is amending 163.2 to add USMCA
exporters and producers.
CBP is amending the scope provision in 163.0, redesignating 163.2c2 to c3, and adding a new 163.2c2 to include the USMCA exporters or producers. It is not necessary to amend 163.2 to include the USMCA importers because 163.2 includes all importers without qualification. CBP will make any additional amendments to part 163
necessary to implement the USMCA and to incorporate modifications to the Uniform Regulations in a subsequent rulemaking to be published in the Federal Register at a later date.
F. Part 182
Part 182, United States-MexicoCanada Agreement, implements the duty preference and related customs provisions applicable to imported goods under the USMCA. CBP is amending part 182 of title 19 of the CFR 19 CFR
part 182 to promulgate additional USMCA implementing regulations related to Chapters 1, 2, 5, and 7 of the USMCA. Currently, part 182 contains a framework with its various subparts outlined. The existing part 182
substantive provisions include the scope, a rules of origin subpart Subpart F, and Appendix A that sets forth the Uniform Regulations regarding rules of origin trilaterally agreed upon by the United States, Mexico, and Canada.

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