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CSMS # 63793783 - CORRECTED: Interim Final Rule - Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to Textile and Apparel Goods, Automotive Goods, and Other USMCA Provisions
Note: The 120-day delayed compliance date has been updated to May 19, 2025, as noted below.
This notice is to inform the trade about an interim final rule (IFR), published in the Federal Register (published on January 17, 2025) to add implementing regulations to the existing Title 19 Code of Federal Regulations 182 (19 CFR 182) covering the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). This IFR adds to the existing 19 CFR 182 implementing regulations and other related 19 CFR regulations to address: (i) automotive goods, (ii) textile and apparel goods, (iii) drawback and duty-deferral program requirements, (iv) recordkeeping and protest requirements, (v) temporary admission of goods requirements, (vi) applicable fee provisions, and (vii) other conforming amendments to fulfill the USMCA related commitments.
This IFR is effective on March 18, 2025. CBP has included a 120-day delayed compliance date for the vehicle certification regulations to allow vehicle producers sufficient time to comply with the additional vehicle certification requirements and procedures. These requirements and procedures to claim USMCA preferential benefits for covered vehicles are included in 19 CFR 182, Subpart I - Automotive Goods.
USMCA Automotive Goods Implementing Regulations
The USMCA automotive goods requirements for covered vehicles (i.e., light trucks, heavy trucks, passenger vehicles) set forth in the 19 CFR 182, subpart I, and details that the eligibility for USMCA preferential tariff treatment apply only if the producer of the covered vehicle has certified to CBP that the production of the vehicle by the producer meets the Labor Value Content (LVC) requirement, as described in 19 CFR 182.93, the steel purchasing requirement, as described in 19 CFR 182.94, and the aluminum purchasing requirement, as described in 19 CFR 182.94. In addition, the respective vehicle certification requirements for the covered vehicles are defined at: (i) 19 CFR 182.95, LVC certification, (ii) 19 CFR 182.96, Steel purchasing certification, and (iii) 19 CFR 182.97, Aluminum purchasing certification.
Pursuant to the IFR, starting on May 19, 2025, the producer of the covered vehicle must submit the LVC, steel purchasing, and aluminum purchasing certifications to CBP at least 90 days prior to the beginning of the certification period with the additional data elements specified in the relevant regulations – 19 CFR 182.95, 19 CFR 182.96, and 19 CFR 182.97 using the USMCA Automotive Certification Portal located at https://trade.cbp.gov/USMCA/s/.
Vehicle certifications submitted to CBP prior to May 19, 2025, are not required to comply with the 90-day submission requirement.
Unique Vehicle Certification Identifier
CBP is assigning a unique identifier for each USMCA vehicle certification - LVC certification, steel purchasing certification, and aluminum purchasing certification.
This vehicle certification identifier, generated at time of submission, by the USMCA Automotive Portal, must be provided on entry summary documents to claim preferential tariff treatment.
When making a USMCA claim for automotive goods preferential tariff treatment under 19 CFR 182.11(b) or when making a post-importation claim under 19 CFR 182.32, the importer of the covered vehicle must submit the unique identifier assigned by CBP on each of the labor value content (LVC), steel purchasing, and aluminum purchasing certifications that form the basis for the covered vehicle’s USMCA eligibility. These unique identifiers provide CBP with the ability to link the importation of the covered vehicle to the specific vehicle certifications that form the basis for the covered vehicle’s eligibility for USMCA preferential tariff treatment and to allow the importer to demonstrate compliance with the vehicle certification requirements.
USMCA Auto Alternative Staging Regime
A covered vehicle may be originating under the USMCA pursuant to an alternative staging regime if it meets the conditions set forth in 19 CFR 182.106 and has been authorized by the Office of the U.S. Trade Representative (USTR).
If the terms of the alternative staging regime specifically exempt the vehicle producer from the LVC, steel purchasing, or aluminum purchasing requirement (including when the producer qualifies for NAFTA 403.6 treatment) or if the terms of the alternative staging regime contain different LVC, steel purchasing, or aluminum purchasing requirements from the USMCA product-specific rules of origin requirements for covered vehicles, the vehicle producer is required to submit a separate vehicle certification that covers only those vehicles subject to the alternative staging regime to CBP. Vehicle producers with vehicle certifications for covered vehicles subject to an exemption or different requirements under an alternative staging regime are required to comply with the requirements set forth in 19 CFR 182.95(b), 182.96(b), or 182.97(b), and 182.106(c). These additional vehicle certifications must meet the general regulatory requirements as set forth in 19 CFR 182.95, 182.96, and 182.97, and the additional data elements, and certifying statement as set forth in 19 CFR 182.106(c).
CBP may deny USMCA preferential tariff treatment for claims where vehicle producers fail to meet: (i) the standard automotive good requirements without an authorized alternative staging regime, (ii) a determination has been made that the producer fails to meet the requirements of the alternative staging regime as outlined by USTR, or (iii) the vehicle producer fails to submit the required separate vehicle certification for covered vehicles subject to an alternative staging regime.
Textile and Apparel Goods Implementing Regulations
The IFR covers Subpart H of 19 CFR 182. Subpart H (19 CFR 182.81 – 182.83) and contains the USMCA textile and apparel good provisions, as provided for in USMCA Chapter 6, including the tariff preference levels (TPL) provisions and verification site visit provisions.
CBP has determined that TPLs under the USMCA will be administered using a certificate of eligibility. Thus, CBP is adding the TPL requirements, including the requirements for the certificate of eligibility, to 19 CFR part 182, subpart H.
As goods subject to TPLs are not originating goods, the certification of origin requirement does not apply for textile or apparel goods subject to a TPL claiming USMCA preferential tariff treatment. Instead, pursuant to USMCA Annex 6-A, Section C, the USMCA country where the good is being imported may require a document issued by the competent authority of a USMCA country, such as a certificate of eligibility, to provide information demonstrating that the good qualifies for duty-free treatment under a TPL, to track allocation and use of a TPL, or as a condition to grant duty-free treatment to the good under a TPL.
Subpart H to 19 CFR part 182 also contains the requirements and procedures for a textile or apparel good verification conducted pursuant to a USMCA Article 6.6 site visit. The USMCA provides CBP with two alternative means of conducting a textile or apparel good verification.
Drawback Implementing Regulations - The IFR covers additional drawback implementing regulations not already covered under 19 CFR 182, Subpart E. Also included are other USMCA drawback and duty-deferral program cross-references to Title 19 of the CFR.
Other Areas Covered
The IFR details other areas of the existing 19 CFR covering regulation updates to various commitments under the USMCA, including:
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19 CFR Part 10 - Articles Conditionally Free, Subject to A Reduced Rate, Etc.
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Temporary Admission of Goods - CBP is updating 19 CFR 10.31(f) regulations to include the USMCA Article 2.7 requirements.
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References to NAFTA - The implementing regulations for trade preferential programs 19 CFR Part 10, followed the statutory language which contained numerous references to NAFTA. The implementing legislation for the African Growth and Opportunity Act (AGOA) and the Caribbean Basin Economic Recovery Act (CBERA), as amended by the United States-Caribbean Basin Trade Partnership Act (CBTPA), trade preference programs contained the NAFTA rules of origin.
- CBP amends the various references to NAFTA to include accurate references to the USMCA in accordance with the technical corrections made to 19 U.S.C. 3721 and 19 U.S.C. 2702.
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Instruments for International Traffic - 19 CFR 10.41a
- And other changes
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19 CFR 24 Customs Financial and Accounting Procedure – updates 19 CFR 24.23 and 19 CFR 24.36 to cover changes related to the USMCA merchandise processing fee.
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19 CFR 123 - CBP Relations with Canada and Mexico – adds the reference to the USMCA.
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19 CFR 163 USMCA Recordkeeping
- CBP amends 19 CFR 163 to implement the recordkeeping requirements contained in 19 U.S.C. 1508, USMCA Article 5.8, the Uniform Regulations regarding Origin Procedures.
- Other USMCA implementing recordkeeping regulation updates can be found in 19 CFR 182.
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19 CFR 174 Protest - CBP amends 19 CFR 174 to extend the protest rights under Part 174 to USMCA importers and qualifying exporters or producers and to implement the USMCA commitments under Articles 5.15.1 and Article 7.15.
References
For questions regarding this notice please submit inquiries toFTA@cbp.dhs.gov or USMCA@cbp.dhs.gov.
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