CBP Clarifies Policy on Defective NAFTA Certificates of Origin
A NAFTA Certificate of Origin is considered defective if, while otherwise meeting the conditions of a “Valid NAFTA Certificate of Origin,” it contains other errors or omissions, said CBP in a CSMS message (here). Defective NAFTA Certificates of Origin are allowed to be subsequently fixed, it said. Such errors or omissions may include "but are not limited to the following: illegibility, misclassification, incorrect or missing preference criteria, signature by an individual who cannot legally bind the company, typed or stamped signature, 3rd-country goods (in addition to NAFTA goods), Net Cost field error, single entry Certificate without an invoice or other unique reference numbers, or other similar errors or omissions."
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A NAFTA Certificate of Origin is considered valid if it lists the good in question, covers the period in question, includes the exporter’s or his agent’s signature, and was in the importer’s possession at the time of the claim, said CBP. Preference claims under NAFTA will be denied when without a valid NAFTA Certificate of Origin or if a valid certificate at the time of the claim cannot be substantiated, the agency said.