The complexity of the auto rules of origin in both NAFTA and the U.S.-Mexico-Canada Agreement are the result of what one observer calls the "political preoccupation" with retaining domestic auto manufacturing. Eric Miller, president of Rideau Potomac Strategy Group, noted that in NAFTA, that resulted in the tracing list, and in USMCA, that resulted in the labor value content and higher North American value targets, including for specific parts.
International Trade Today is providing readers with some of the top stories for May 11-15 in case they were missed.
President Donald Trump issued an executive order on May 15 that establishes a task force focused on forced labor issues under the U.S.-Mexico-Canada Agreement. “The Task Force shall be chaired by the Secretary of Homeland Security and shall be composed of representatives from the Department of State, the Department of the Treasury, the Department of Justice, the Department of Labor, and the Office of the United States Trade Representative,” it said. “The Chair may invite representatives from other executive departments or agencies, as appropriate, to participate as members or observers.” House Democrats recently complained that the task forced hadn't been created by the required April 28 deadline (see 2005120035).
Many details needed for the uniform regulations and the final implementing instructions for the U.S.-Mexico-Canada Agreement remain under discussion, agency officials said on May 14. Many specifics have not been agreed to, either between Mexico, Canada and the U.S., between the Office of the U.S. Trade Representative and the auto industry, or between CBP and USTR. “There's still even discussions with USTR and the [auto] industry on what constitutes a core part,” Maya Kumar, director for textiles and trade agreements, told members of the trade community on a conference call.
While the U.S.-Mexico-Canada Agreement allows importers to certify goods as deserving tariff benefits -- not just producers or exporters -- KPMG warned webcast listeners that if the importer and producer aren't related parties, it could be a mistake. Andrew Doornaert told listeners on May 11, “It would be a risk if you’re just relying on the exporter’s old NAFTA certificate.”
The Democratic members of the House Ways and Means Committee have told the leaders of CBP and the Department of Homeland Security that the failure to establish the Forced Labor Enforcement Task Force by the April 28 deadline in statute is unacceptable.
CBP is using a new center focused on implementation of the U.S.-Mexico-Canada Agreement to help with the process, the agency said in a May 11 news release. “Staffed with CBP experts from operational, legal, and audit disciplines, as well as with virtual representatives from Canadian and Mexican customs authorities, the USMCA Center is a cornerstone of CBP’s USMCA implementation plan and will serve as a central communication hub for CBP and the private sector community, including traders, brokers, freight forwarders and producers, ensuring a smooth and efficient transition from the North American Free Trade Agreement to USMCA,” it said.
The Office of the U.S. Trade Representative is disinclined to offer an informed compliance period for most importers, “because most of the rules of origin have remained essentially the same” as what was in NAFTA, so CBP can honor the U.S.-Mexico-Canada Agreement claims with the same information that backed NAFTA claims, according to Brenda Smith, executive assistant commissioner of CBP’s Office of Trade.
International Trade Today is providing readers with some of the top stories for April 27 - May 1 in case they were missed.
At the southern border, not every document can be processed electronically yet, but they're working on it, the CBP Laredo Field Office told traders on a conference call May 1. Documents including meat certificates, phytosanitary certificates, bovine paperwork, and CITES certificates are still needed in paper form. Assistant Director of Field Operations Armando Taboada asked those listening to make sure the drivers and runners coming to the Texas port wear masks. “I know Gov. [Greg] Abbott relaxed a little bit of the requirements,” he said, but added, “It’s for our own health and safety, for all of us.” He said most drivers are wearing masks, but there are a few stragglers.