Recent Ruling Lays Out USMCA Marking Rules for Agriculture Goods

CBP's continued application of Part 102 NAFTA marking rules for goods imported from Canada and Mexico (see 2103100025) doesn't include some agricultural goods imported under USMCA, said Monika Brenner, chief of the CBP Valuation and Special Programs Branch, during the virtual Georgetown Law International Trade Update on March 10. “For certain goods, it's designated as an S+ in the special subcolumn,” she said. “And for those you actually have to figure out if it's a good of Canada or a good of Mexico.”

A CBP Feb. 4 ruling on drink mixes outlined the agency's application of USMCA marking rules for agricultural goods, she said in paper submitted as part of the conference. “While the USMCA no longer requires a good to qualify to be marked as a good of Canada or Mexico in order to receive preferential tariff treatment, there are some instances in the agricultural context, where quantitative limitations exists, that marking does become a requirement,” she said in the paper.

While CBP is OK with importers using the NAFTA marking rules for now, a future decision is still needed on how long that will last, said Brenner during a later question and answer session. "If we're going to continue to use them for marking, if that is something that is decided," CBP would need to put out proposal, she said. Brenner also said CBP's New York office has started issuing USMCA rulings, which should allow for responses within 30 days, though ruling requests on more complex issues should still go to headquarters.