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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
United States, when used in a geographical rather than governmental context, means the territory of the United States as defined in Appendix A
to this part;
Used means used or consumed in the production of a good;
USMCA means the Agreement between the United States of America, the United Mexican States, and Canada, entered into force by the United States, Canada and Mexico on July 1, 2020.
USMCA country means a Party to the USMCA;
Value means the value of a good or material for the purpose of calculating customs duties or for the purpose of applying this part;
WTO means the World Trade Organization; and WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on April 15, 1994.
25. Add 182.2 to subpart A to read as follows:
182.2

Confidentiality.

a Maintaining confidentiality.
Subject to paragraph b of this section, CBP must maintain the confidentiality of the information that it receives from the public when the information is considered trade secrets under the Trade Secrets Act 18 U.S.C. 1905, personally identifiable information under the Privacy Act 5 U.S.C. 552a, or privileged or confidential commercial or financial information. This information must be maintained as confidential in accordance with part 103
of this chapter, 6 CFR part 5, and all other applicable statutes and regulations.
b Authorized disclosures. CBP may only disclose the confidential information in paragraph a of this section to third parties and to other USMCA countries for purposes of administration or enforcement of the customs laws or if otherwise authorized by law, and pursuant to the routine uses of the systems of record notices SORNs for the trade systems maintained by CBP. This does not preclude the disclosure of confidential information to U.S. government authorities responsible for the administration and enforcement of USMCA requirements, such as the Department of Labor, and of customs and revenue matters.
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Subpart BImport Requirements

26. Add 182.11 to read as follows:

182.11 Filing of claim for preferential tariff treatment upon importation.

a Basis of claim. An importer may make a claim for USMCA preferential
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tariff treatment, including an exemption from the merchandise processing fee, based on a written or electronic certification of origin, as specified in 182.12, completed by the importer, exporter, or producer for the purpose of certifying that a good qualifies as an originating good.
b Making a claim. The claim is made by including on the entry summary, or equivalent documentation, or by the method specified for equivalent reporting via a CBP-authorized electronic data interchange system, the letters S or S+ as a prefix to the subheading of the HTSUS under which each originating good is classified.
c Corrected claim. If, after making the claim specified in paragraph b of this section, the importer has reason to believe that the certification of origin is based on inaccurate information or is otherwise invalid, the importer must promptly and voluntarily correct the claim or certification of origin, pay any duties that may be due, and submit a statement either in writing to the CBP
office where the original claim was filed or via a CBP-authorized electronic data interchange system in accordance with 182.124 of this part see 182.122
and 182.124 of this part.
27. Add 182.12 to read as follows:
182.12

Certification of origin.

a General. An importer who makes a claim, pursuant to 182.11b, based on a certification of origin completed by the importer, exporter, or producer that the good is originating must submit, at the request of CBP, a copy of the certification of origin. The certification of origin:
1 Need not be in a prescribed format but must be in writing or must be transmitted electronically pursuant to any electronic means authorized by CBP
for that purpose;
2 May be provided on an invoice or any other document, except an invoice or commercial document issued in the territory of a non-USMCA country;
3 Must be in the possession of the importer at the time the claim for preferential tariff treatment is made;
4 Must include the following information to be valid:
i Whether the certifier is the importer, exporter, or producer in accordance with this subpart;
ii The certifiers name, title, address including country, telephone number, and email address;
iii The exporters name, address including country, email address, and telephone number if different from the certifier, unless the producer is completing the certification of origin
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and does not know the identity of the exporter;
iv The producers name, address including country, email address, and telephone number, if different from the certifier or exporter; or if there are multiple producers, Various or a list of producers see also paragraph c of this section;
v If known, the importers name, address, email address, and telephone number; or if there are multiple importers, Various or a list of importers;
vi The legal name, address including country, telephone number, and email address if any of the responsible official or authorized agent of the importer, exporter, or producer signing the certification;
vii A description of the good for which preferential tariff treatment is claimed, which must be sufficiently detailed to relate it to the invoice and the Harmonized System HS
nomenclature;
viii The HTSUS tariff classification, to six or more digits, as necessary for the specific change in tariff classification rule for the good set forth in General Note 11, HTSUS;
ix The applicable rule of origin set forth in General Note 11, HTSUS, under which the good qualifies as an originating good;
x In the case of a good listed in Schedule II of Appendix A of this part, the following statement must be included: Schedule II of the USMCA
Rules of Origin Uniform Regulations;
xi If the certification of origin covers a single shipment of a good, the invoice number related to the exportation, if known;
xii In case of a blanket certification issued with respect to multiple shipments of identical goods within any period specified in the certification of origin, not exceeding 12 months from the date of certification, the period that the certification covers; and 5 Must include the following statement: I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.
b Address. For the purposes of the certification of origin provided for in paragraph a of this section:
1 The address of the exporter provided under paragraph a4iii is the place of export of the good in a USMCA countrys territory;

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