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TREAS/CUSTOMS RIN: 1515-AE63 Publication ID: Spring 2021 
Title: ●Non-Preferential Origin Determinations for Merchandise Imported From Canada or Mexico for Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada 
Abstract:

This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations regarding non-preferential origin determinations for merchandise imported from Canada or Mexico.  Specifically, this document proposes that CBP will apply the part 102 rules of origin of title 19 of the Code of Federal Regulations (CFR) for all non-preferential purposes of the customs laws, to determine when a good imported from Canada or Mexico has been substantially transformed resulting in an article with a new name, character, or use.  For consistency, this document also proposes to modify the regulations in part 177 of title 19 of the CFR for country of origin determinations for government procurement.  Collectively, the proposed amendments in this notice of proposed rulemaking (NPRM) will reduce administrative burdens and inconsistency for non-preferential origin determinations for merchandise imported from Canada or Mexico for purposes of the implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA).  Concurrently with this proposed rule, CBP is publishing an interim final rule to amend various regulations to implement the USMCA for preferential tariff treatment claims.  See Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to the Marking Rules, Tariff-rate Quotas, and Other USMCA Provisions (RIN 1515-AE56). That rule will amend, inter alia, parts 102 and 134 of title 19 of the CFR to apply the rules set forth in the part 102 rules of origin for determining the country of origin for marking of goods imported from Canada or Mexico.  It will not, however, mandate application of part 102 for any other non-preferential purposes (as proposed here).

 
Agency: Department of the Treasury(TREAS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 19 CFR 102.0    19 CFR 177.22   
Legal Authority: 19 U.S.C. 1304    19 U.S.C. 1624    19 U.S.C. 1502    19 U.S.C. 2515   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Queena Fan
Director, USMCA Center
Department of the Treasury
Customs Revenue Function
1331 Pennsylvania Ave.,
Washington, DC 20229
Phone:202 738-8946
Email: usmca@cbp.dhs.gov

Craig T. Clark
Director, Commercial and Trade Facilitation Division
Department of the Treasury
Customs Revenue Function
90 K St. NE,
Washington, DC 20229
Phone:202 325-0276
Email: craig.t.clark@cbp.dhs.gov