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NEWSLETTER

On December 30th, 2018, the Trans-Pacific Partnership Comprehensive and Progressive Treaty (CPTTP) entered into force for the following countries: Australia, Canada, Mexico, Japan, New Zealand and Singapore, also joining Vietnam on January 14th, 2019, so what until now 7 of the 11 countries that signed this Treaty, are already operating it.

With this entry into force of the CPTTP , the option is opened for importers in Mexico to apply tariff preferences under the option that best suits them, according to the previously signed FTA´s, with the following countries:

• Canada.
• Japan.

And once they are incorporated, with the following:

• Chile.
• Peru.
• Pacific Alliance (Peru, Chile and Colombia).

Therefore, it is important to review the proper way which this document must be issued in order to apply preferences under CPTTP, in accordance with the provisions of the Annex to the Resolution that establishes General Rules Relating to the Application of the Provisions in Customs Matter of this treaty, published in the Official Federal Register (OFR) on December 28th, 2018:

MINIMUM REQUIREMENTS OF INFORMATION FOR CERTIFICATION OF ORIGIN.

A certification of origin must include the following elements:

I. Certification of Origin by the Exporter or Producer. Indicate whether the certifier is the exporter or producer in accordance with Article 3.20 of the Treaty.

II. Certifier. Provide the name, address (including country), telephone number and email of the certifier.

III. Exporter. Provide the name, address (including country), email and telephone number of the exporter, if different from the certifier. This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter. The address of the exporter will be the place of export of the goods in a Treaty country.

IV. Producer. Provide the name, address (including country), email and telephone number of the producer, if different from the certifier or exporter or, if there are multiple producers, indicate “Miscellaneous” or provide a list of producers. A person who wants this information to be confidential may indicate “Available at the request of the importing authorities”. The producer’s address will be the place of production of the goods in a Treaty country.

V. Description and Tariff Classification in HS of the Merchandise.

a) Provide a description of the merchandise and the tariff classification in HS of the merchandise at the 6-digit level. The description should be sufficient to relate it to the merchandise covered by the certification, and

b) If the certification of origin covers a single shipment of a merchandise, indicate, if known, the number of the invoice related to the export.

VI. Criterion of Origin. Specify the rule of origin according to which the merchandise qualifies.

VII. Coverage Period. Include the period if the certification covers multiple shipments of identical merchandise for a specified period of up to 12 months as established in article 3.20 (4) (b) of the Treaty.

VIII. Authorized Signature and Date. The certification must be signed and dated by the certifier and accompanied by the following declaration:

“I certify that the merchandise described in this document qualifies as originating and the information contained in this document is true and accurate. I assume the responsibility to verify what has been stated here and I undertake to keep and present, if required or make available during a verification visit, the necessary documentation to support this certification. ”

In accordance with the aforementioned Customs Rules, the following provisions are established for the purposes of handling the certification of origin under CPTTP treaty:

 It may be issued by boarding or, where appropriate, by multiple shipments, which does not exceed 12 months.

 The importer must transmit and present a copy of the valid certificate of origin, in electronic or digital document as an annex to the pediment.

 In the case of the import of original textile goods or clothing, incorporating a material listed in Appendix 1 relating to the List of Low-Supply Products or of Annex 4-A in which the Specific Rules of Origin are included by Product for Textiles and Clothing, the certification of origin must contain the Product Number or the description of the material in accordance with information indicated in the Appendix or Annex above mentioned.

 The certification must be kept by the importer for a period of five years, counted from the day following the date of import operation, including the documentation related to such certification.

TMC Legal® professionals, we are at your disposal to support you with the interpretation and compliance with the aforementioned provisions.

carlos@tmclegal.com / Parner
karla.g@tmclegal.com / Associate
fernando.perez@tmclegal.com / Logistics & Foreign Trade