On June 24, 2005, the Acting Executive Director, Trade Compliance and Facilitation Office of Field Operations, CBP, issued memorandum titled "Liberalized North American Free Trade Agreement (NAFTA) Rules of Origin (ROOs) for Goods of Mexico, Effective." This memorandum was effective from June 15, 2005. The content of that memorandum, with updated links and modified for web format, is as follows:
Per TCF FY05-0834 of February 24, 2005, the NAFTA "Track 1" ROO liberalizations became effective with respect to goods of Canada entered, or withdrawn from warehouse for consumption, on or after January 1, 2005, but they were not made effective with respect to goods of Mexico, pending future notice in the Federal Register. On June 28, 2005, the Office of the United States Trade Representative (USTR) issued notice available in the Federal Register making these same ROO modifications effective with respect to goods of Mexico entered, or withdrawn from warehouse for consumption, on or after June 15, 2005. Importers who have not made the preferential claim at entry summary may use 19 USC 1520(d) to make post-importation claims within one year from the date of importation.
The modifications affect certain goods in the following chapters to the Harmonized Tariff Schedule of the United States (HTS):
- 9 Spices, etc.
- 12 Oil Seeds, oleaginous fruits, etc.
- 13 Gums, resins and other vegetable saps and extracts, etc.
- 21 Miscellaneous edible preparations,
- 71 Jewelry, etc.
- 85 Electrical machinery, etc.
- 90 Measuring devices and instruments, etc.
- 95 Toys, etc.
These ROO changes are all liberalizations and require no subdividing of the Harmonized Tariff Schedule of the United States nor Automated Commercial System (ACS) programming. Additional information is available in TCF FY05-0834, of February 24, 2005, posted at https://www.cbp.gov/trade/nafta/rules-orgin/liberalization-certain-nafta-rules-origin-goods-canada-track-one.
United States producers and exporters wishing to certify effected goods as originating for export to Mexico may now comply with these new, more liberal ROOs.
Members of the trade community, including producers, importers and brokers of the goods classified in the Annex to Presidential Proclamation 7870 (70 FR 7611, Feb. 14, 2005) should make themselves aware of these ROO changes.
Please direct questions concerning this memorandum to Seth Mazze, Trade Agreements Branch, at 202-863-6567.