Requirements
Exports and imports relating to USMCA countries
Definitions
USMCA; USMCA country
section 4502 of this titleThe terms “USMCA” and “USMCA country” have the meanings given those terms in .
USMCA certification of origin
The term “USMCA certification of origin” means the certification established under article 5.2.1 of the USMCA that a good qualifies as an originating good under the USMCA.
Exports to USMCA countries
Exports under the Canadian Agreement
Any person who exports, or who knowingly causes to be exported, any merchandise to Canada during such time as the United States-Canada Free-Trade Agreement is in force with respect to, and the United States applies that Agreement to, Canada shall make, keep, and render for examination and inspection such records (including certifications of origin or copies thereof) which pertain to the exportations.
Imports into the United States
In general
Vehicle producer
Any vehicle producer whose good is the subject of a claim for preferential tariff treatment under the USMCA shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury and Secretary of Labor, render for examination and inspection records and supporting documents related to the labor value content and steel and aluminum purchasing requirements for the qualification of its vehicles for preferential treatment.
Retention period
Exports to USMCA countries
A person covered by paragraph (2) who completes a USMCA certification of origin or provides a written representation for a good exported from the United States to a USMCA country shall keep the records required by such paragraph relating to that certification of origin for a period of at least 5 years after the date on which the certification is completed.
Exports under Canadian Agreement
Imports into the United States
In general
An importer covered by paragraph (4)(A) shall keep the records and supporting documents required by such paragraph for a period of at least 5 years after the date of importation of the good.
Vehicle producer
section 4532(c) of this titleA vehicle producer covered by paragraph (4)(B) shall keep the records and supporting documents required by paragraph (4)(B) for a period of at least 5 years after the date of filing the certifications required under paragraphs (1) and (2) of .
Period of time
Limitation
Subsection (b) penalties
Relating to USMCA exports
Relating to Canadian agreement exports
Any person who fails to retain the records required by paragraph (3) of subsection (b) or the regulations issued to implement that paragraph shall be liable for a civil penalty not to exceed $10,000.
Certificates of Origin for goods exported under the United States-Chile Free Trade Agreement
Definitions
Records and supporting documents
Chile FTA Certificate of Origin
The term “Chile FTA Certificate of Origin” means the certification, established under article 4.13 of the United States-Chile Free Trade Agreement, that a good qualifies as an originating good under such Agreement.
Exports to Chile
Any person who completes and issues a Chile FTA Certificate of Origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the Certificate or copies thereof).
Retention period
Records and supporting documents shall be kept by the person who issued a Chile FTA Certificate of Origin for at least 5 years after the date on which the certificate was issued.
Certifications of origin for goods exported under the Dominican Republic-Central America-United States Free Trade Agreement
Definitions
Records and supporting documents
CAFTA–DR certification of origin
The term “CAFTA–DR certification of origin” means the certification established under article 4.16 of the Dominican Republic-Central America-United States Free Trade Agreement that a good qualifies as an originating good under such Agreement.
Exports to CAFTA–DR countries
Any person who completes and issues a CAFTA–DR certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
Retention period
Records and supporting documents shall be kept by the person who issued a CAFTA–DR certification of origin for at least 5 years after the date on which the certification was issued.
Certifications of origin for goods exported under the United States-Peru Trade Promotion Agreement
Definitions
Records and supporting documents
PTPA certification of origin
The term “PTPA certification of origin” means the certification established under article 4.15 of the United States-Peru Trade Promotion Agreement that a good qualifies as an originating good under such Agreement.
Exports to Peru
Any person who completes and issues a PTPA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
Retention period
The person who issues a PTPA certification of origin shall keep the records and supporting documents relating to that certification of origin for a period of at least 5 years after the date on which the certification is issued.
Certifications of origin for goods exported under the United States–Korea Free Trade Agreement
Definitions
Records and supporting documents
KFTA certification of origin
The term “KFTA certification of origin” means the certification established under article 6.15 of the United States–Korea Free Trade Agreement that a good qualifies as an originating good under such Agreement.
Exports to Korea
Any person who completes and issues a KFTA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
Retention period
The person who issues a KFTA certification of origin shall keep the records and supporting documents relating to that certification of origin for a period of at least 5 years after the date on which the certification is issued.
Certifications of origin for goods exported under the United States–Colombia Trade Promotion Agreement
Definitions
Records and supporting documents
CTPA certification of origin
The term “CTPA certification of origin” means the certification established under article 4.15 of the United States–Colombia Trade Promotion Agreement that a good qualifies as an originating good under such Agreement.
Exports to Colombia
Any person who completes and issues a CTPA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
Retention period
The person who issues a CTPA certification of origin shall keep the records and supporting documents relating to that certification of origin for a period of at least 5 years after the date on which the certification is issued.
Certifications of origin for goods exported under the United States–Panama Trade Promotion Agreement
Definitions
Records and supporting documents
Panama TPA certification of origin
The term “Panama TPA certification of origin” means the certification established under article 4.15 of the United States–Panama Trade Promotion Agreement that a good qualifies as an originating good under such Agreement.
Exports to Panama
Any person who completes and issues a Panama TPA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
Retention period
The person who issues a Panama TPA certification of origin shall keep the records and supporting documents relating to that certification of origin for a period of at least 5 years after the date on which the certification is issued.
Penalties
June 17, 1930, ch. 497Pub. L. 95–410, title I, § 10492 Stat. 889Pub. L. 100–449, title II, § 205(b)102 Stat. 1864Pub. L. 103–182, title II, § 205(a)107 Stat. 2093Pub. L. 104–295, § 3(a)(6)(B)110 Stat. 3515Pub. L. 108–77, title II117 Stat. 931Pub. L. 109–53, title II, § 208119 Stat. 485Pub. L. 110–138, title II, § 207121 Stat. 1476Pub. L. 112–41, title II, § 206125 Stat. 449Pub. L. 112–42, title II, § 207125 Stat. 484Pub. L. 112–43, title II, § 207125 Stat. 520Pub. L. 114–125, title IX, § 906o130 Stat. 233Pub. L. 116–113, title II, § 206(a)134 Stat. 46Pub. L. 116–260, div. O, title VI, § 601(d)(1)134 Stat. 2151(, title IV, § 508, as added , , ; amended , , ; , title VI, § 614, , , 2174; , , ; , §§ 207, 209, , , 933; , , ; , , ; , , ; , , ; , , ; (), , ; , , ; , , .)
Amendment of Section
section 107(c) of Pub. L. 112–43For termination of amendment by , see Effective and Termination Dates of 2011 Amendment note below.
section 107(c) of Pub. L. 112–42For termination of amendment by , see Effective and Termination Dates of 2011 Amendment note below.
section 107(c) of Pub. L. 112–41For termination of amendment by , see Effective and Termination Dates of 2011 Amendment note below.
section 107(c) of Pub. L. 110–138For termination of amendment by , see Effective and Termination Dates of 2007 Amendment note below.
section 107(d) of Pub. L. 109–53For termination of amendment by , see Effective and Termination Dates of 2005 Amendment note below.
section 107(c) of Pub. L. 108–77For termination of amendment by , see Effective and Termination Dates of 2003 Amendment note below.
section 501(c) of Pub. L. 100–449For termination of amendment by , see Effective and Termination Dates of 1988 Amendment note below.
Editorial Notes
Prior Provisions
June 17, 1930, ch. 49746 Stat. 732Aug. 8, 1953, ch. 397, § 1967 Stat. 518Pub. L. 87–456, title III, § 301(a)76 Stat. 75section 501(a) of Pub. L. 87–456A prior section 1508, acts , title IV, § 508, ; , , related to commingling of goods, prior to repeal by , , , effective, pursuant to , with respect to articles entered, or withdrawn from warehouse, for consumption on or after .
Amendments
Pub. L. 116–113, § 206(a)(1)2020—Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which related to exportations to NAFTA countries.
Pub. L. 116–260Subsec. (c). added subsec. (c).
Pub. L. 116–113, § 206(a)(2), struck out subsec. (c) which related to period of time for keeping required records.
Pub. L. 116–113, § 206(a)(3)Subsec. (e)(1). , substituted “USMCA” for “NAFTA” in heading.
Pub. L. 114–1252016—Subsec. (c)(3). substituted “liquidation” for “payment”.
Pub. L. 112–412011—Subsec. (i). , §§ 107(c), 206(2), temporarily added subsec. (i). Former subsec. (i) redesignated (j). See Effective and Termination Dates of 2011 Amendment note below.
Pub. L. 112–42Subsec. (j). , §§ 107(c), 207(2), temporarily added subsec. (j). Former subsec. (j) redesignated (k). See Effective and Termination Dates of 2011 Amendment note below.
Pub. L. 112–41, §§ 107(c), 206(1), (3), temporarily redesignated subsec. (i) as (j) and, in introductory provisions, substituted “(g), (h), or (i)” for “(g), or (h)”. See Effective and Termination Dates of 2011 Amendment note below.
Pub. L. 112–43lSubsec. (k). , §§ 107(c), 207(2), temporarily added subsec. (k). Former subsec. (k) redesignated (). See Effective and Termination Dates of 2011 Amendment note below.
Pub. L. 112–42, §§ 107(c), 207(1), (3), temporarily redesignated former subsec. (j) as (k) and, in introductory provisions, substituted “(h), (i), or (j)” for “(h), or (i)”. See Effective and Termination Dates of 2011 Amendment note below.
lPub. L. 112–43lSubsec. (). , §§ 107(c), 207(1), (3), temporarily redesignated subsec. (k) as (), and, in introductory provisions, substituted “(i), (j), or (k)” for “(i), or (j)”. See Effective and Termination Dates of 2011 Amendment note below.
Pub. L. 110–1382007—Subsec. (h). , §§ 107(c), 207(2), temporarily added subsec. (h). Former subsec. (h) redesignated (i). See Effective and Termination Dates of 2007 Amendment note below.
Pub. L. 110–138Subsec. (i). , §§ 107(c), 207(1), (3), temporarily redesignated subsec. (h) as (i) and, in introductory provisions, substituted “(f), (g), or (h)” for “(f) or (g)” and “any such subsection” for “either such subsection”. See Effective and Termination Dates of 2007 Amendment note below.
Pub. L. 109–532005—Subsec. (g). , §§ 107(d), 208(2), temporarily added subsec. (g). Former subsec. (g) redesignated (h). See Effective and Termination Dates of 2005 Amendment note below.
Pub. L. 109–53Subsec. (h). , §§ 107(d), 208(1), (3), temporarily redesignated subsec. (g) as (h) and, in introductory provisions, inserted “or (g)” after “(f)” and substituted “either such subsection” for “that subsection”. See Effective and Termination Dates of 2005 Amendment note below.
Pub. L. 108–772003—Subsec. (b). , §§ 107(c), 207(1), temporarily substituted “Exportations to NAFTA countries” for “Exportations to free trade countries” in heading. See Effective and Termination Dates of 2003 Amendment note below.
Pub. L. 108–77section 1311 of this titlesection 1311 of this titlesection 81c(a) of this titlesection 81c(a) of this titleSubsec. (b)(2)(B)(i)(I). , §§ 107(c), 209, temporarily substituted “the eleventh paragraph of ” for “the last paragraph of ” and “the proviso preceding the last proviso to ” for “the last proviso to ”. See Effective and Termination Dates of 2003 Amendment note below.
Pub. L. 108–77Subsecs. (f), (g). , §§ 107(c), 207(2), temporarily added subsecs. (f) and (g). See Effective and Termination Dates of 2003 Amendment note below.
Pub. L. 104–2951996—Subsec. (c)(1). inserted “, filing of a reconciliation,” after “entry”.
Pub. L. 103–182, § 614(1)1993—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any owner, importer, consignee, or agent thereof who imports, or who knowingly causes to be imported, any merchandise into the customs territory of the United States shall make, keep, and render for examination and inspection such records (including statements, declarations, and other documents) which—
“(1) pertain to any such importation, or to the information contained in the documents required by this chapter in connection with the entry of merchandise; and
“(2) are normally kept in the ordinary course of business.”
Pub. L. 103–182, § 205(a)(1)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Any person who exports, or who knowingly causes to be exported, any merchandise to Canada shall make, keep, and render for examination and inspection such records (including certifications of origin or copies thereof) which pertain to such exportations.”
Pub. L. 103–182, § 205(a)(2)Pub. L. 103–182, § 614(2)Subsec. (c). , amended generally subsec. (c), as amended by (see below). Prior to amendment, subsec. (c) read as follows: “The records required by subsections (a) and (b) of this section shall be kept for such period of time, not to exceed 5 years from the date of entry or exportation, as appropriate, as the Secretary shall prescribe; except that records for any drawback claim shall be kept until the 3rd anniversary of the date of payment of the claim.” See Construction of 1993 Amendment note below.
Pub. L. 103–182, § 614(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The records required by subsection (a) and (b) of this section shall be kept for such periods of time, not to exceed 5 years from the date of entry, as the Secretary shall prescribe.” See Construction of 1993 Amendment note below.
Pub. L. 103–182, § 205(a)(3)Subsec. (e). , amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Any person who fails to retain records required by subsection (b) of this section or the regulations issued to implement that subsection shall be liable to a civil penalty not to exceed $10,000.”
Pub. L. 100–4491988—Subsecs. (b) to (e). temporarily added subsec. (b), redesignated former subsec. (b) as (c) and inserted “and (b)” after “subsection (a)”, redesignated former subsec. (c) as (d), and added subsec. (e). See Effective and Termination Dates of 1988 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–260section 601(h) of div. O of Pub. L. 116–260section 81c of this titleAmendment by effective , see , set out as a note under .
Pub. L. 116–113, title II, § 206(b)134 Stat. 48
In general .—
Applicability.—
Exports .—
Imports .—
Transition from nafta treatment.—
Exports .—
Imports .—
section 206(b) of Pub. L. 116–113section 4502 of this title[For definition of “USMCA” as used in , set out above, see .]
Effective Date of 2016 Amendment
Pub. L. 114–125section 906(q) of Pub. L. 114–125section 1313 of this titleAmendment by effective , and, except as otherwise provided, applicable to drawback claims filed on or after the date that is 2 years after such date, see , set out as a note under .
Effective and Termination Dates of 2011 Amendment
Pub. L. 112–43Pub. L. 112–43section 3805 of this titleAmendment by effective , applicable with respect to Panama on the date the United States–Panama Trade Promotion Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of , set out in a note under .
Pub. L. 112–42Pub. L. 112–42section 3805 of this titleAmendment by effective , applicable with respect to Colombia on the date the United States–Colombia Trade Promotion Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of , set out in a note under .
Pub. L. 112–41Pub. L. 112–41section 3805 of this titleAmendment by effective , applicable with respect to Korea on the date the United States–Korea Free Trade Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of , set out in a note under .
Effective and Termination Dates of 2007 Amendment
Pub. L. 110–138Pub. L. 110–138section 3805 of this titleAmendment by effective on the date the United States-Peru Trade Promotion Agreement enters into force () and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of , set out in a note under .
Effective and Termination Dates of 2005 Amendment
Pub. L. 109–53section 107 of Pub. L. 109–53section 4001 of this titleAmendment by effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force () and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see , set out as an Effective and Termination Dates note under .
Effective and Termination Dates of 2003 Amendment
Pub. L. 108–77Pub. L. 108–77section 3805 of this titleAmendment by effective on the date the United States-Chile Free Trade Agreement enters into force (), and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of , set out in a note under .
Effective Date of 1996 Amendment
Pub. L. 104–295section 3(b) of Pub. L. 104–295section 1321 of this titleAmendment by applicable as of , see , set out as a note under .
Effective Date of 1993 Amendment
section 205(a) of Pub. L. 103–182section 213(b) of Pub. L. 103–182section 3331 of this titleAmendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see , formerly set out as an Effective Date note under former .
Effective and Termination Dates of 1988 Amendment
Pub. L. 100–449Pub. L. 100–449section 2112 of this titleAmendment by effective on date United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of , set out in a note under .
Construction of 1993 Amendment
section 205(a) of Pub. L. 103–182section 614 of Pub. L. 103–182section 212 of Pub. L. 103–182section 58c of this titleAmendment by to be made after amendment by is executed, see , formerly set out as a note under .
Transfer of Functions
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .