On July 6, 2021, U.S. Customs and Border Protection (CBP) issued a notice of proposed rulemaking (NPRM) to amend regulations on non-preferential origin determinations for merchandise imported from Canada or Mexico to support the implementation of the United States-Mexico-Canada Agreement (USMCA). The NPRM proposes that CBP apply “certain tariff-based rules of origin in the CBP regulations for all non-preferential determinations made by CBP” to determine if a good has been substantially transformed. The NPRM would also modify regulations for “certain country of origin determinations for government procurement.”

CBP also notes the interim final rule published concurrently in the Federal Register that amends regulations to apply certain tariff-based rules of origin for country of origin determinations for marking goods imported from Canada or Mexico, also to support the implementation of USMCA.

CBP is requesting comments on the NPRM through August 5, 2021. Details on comment submission can be found here:

https://www.federalregister.gov/documents/2021/07/06/2021-14265/non-preferential-origin-determinations-for-merchandise-imported-from-canada-or-mexico-for

CBP is requesting comments on the Interim Final Rule supporting the implementation of USMCA through September 7, 2021. Details can be found here:

https://www.federalregister.gov/documents/2021/07/06/2021-14264/agreement-between-the-united-states-of-america-the-united-mexican-states-and-canada-usmca