TCO: Advance Rulings Under NAFTA and USMCA

Question: How can I apply for a NAFTA/USMCA advance ruling? What are these rulings for, and will NAFTA advance rulings continue to be applicable under USMCA?

Answer: An advance ruling is a written document from the customs authority of a NAFTA/USMCA country, providing binding information in the form of answers to specific questions. The USMCA requires advance ruling decisions, whether in full-length or redacted form, to be available for public review. The Canada Border Services Agency has stated that advance rulings issued under NAFTA will not continue to be applicable under USMCA.

Advance rulings address issues such as country of origin, product or tariff classification, and regional value-content requirements. If you are applying for an advance ruling, it's important to follow the procedures required by the country you're applying for a ruling from, and to ensure that you are submitting the proper request type for the issue you're asking about. Requirements typically include that a request be written and contain all relevant information, and may also call for photographs or illustrations, certain specific details, samples or laboratory analysis documentation, etc. 

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This article is current as of 2020-07-08.

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