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Tariff Treatment - Certificate of Origin - Exported Goods -- NAFTA/CIFTA/CCFTA/CCRFTA

Canada Border Services Agency (CBSA)

Last Verified: 2006-02-22

Act: Customs Act, R.S.C. 1985, c. 1, 2nd Supp.
Regulation: Certification of Origin of Goods Exported to a Free Trade Partner Regulations SOR/97-332. See also Customs Memoranda D11-4-14, Certification of Origin, D11-5-1, NAFTA Rules of Origin Regulations and D11-5-2, NAFTA Rules of Origin Regulations, amendment to Appendix 1, Specific Rules.

To Whom Does This Apply?

Exporters or producers.

Summary

The Customs Act governs the administration and enforcement of customs laws. Pursuant to section 97.1(1) of the Customs Act, every exporter of goods for which preferential tariff treatment under a free trade agreement is to be claimed, will certify in writing that the goods exported or to be exported to a North American Free Trade Agreement (NAFTA), Canada-Israël Free Trade Agreement (CIFTA), Canada-Chile Free Trade Agreement (CCFTA) or Canada-Costa-Rica Free Trade Agreement (CCRFTA) country meet the rules of origin as set out in the related free trade agreement. When the exporter is not the producer of the goods, the certificate must be completed and signed by the exporter on the basis of prescribed criteria. The certificate is to be completed in English or French for shipments to the U.S.A., English, French or Spanish for shipments to Mexico, Chile or Costa Rica and English, French, Hebrew or Arabic for shipments to Israel or other CIFTA beneficiaries.

The "Certification of Origin of Goods Exported to a Free Trade Partner Regulations" set out the requirements. The certificate must be completed and signed by the exporter based on the following criteria:

  • the exporter's knowledge that the goods meet the rules of origin;
  • the exporter's reliance on the written representation of the producer that the goods meet the rules of origin; or
  • a certificate, completed and signed by the producer and provided to the exporter, stating that the goods meet the rules of origin (NAFTA or CCFTA only).

If you require personal assistance contact the Customs Client Services Office closest to you (see Related Reading: Customs Offices - Supplement or from Canada Border Service Agency's Web site for a list of addresses).

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.


National Contact(s):
Border Information Service - BIS
Canada Border Services Agency
Ottawa, Ontario  K1A 0L5
Toll-free (information): 1-800-461-9999
Toll-free (publications): 1-800-959-2221
Web site: http://www.cbsa.gc.ca/menu-e.html



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