You made the goods, so you can certify them
A producer can sign things a trading exporter cannot. Under USMCA the importer, exporter or producer may certify origin, and the certification has to say which one you are. You also know the facts behind most of the declarations a destination asks for: what the goods are made of, what they are packed in, and whether they have ever been used. That is why those documents come back to you.
There is no official USMCA form. You need nine required data elements and a certification statement. They can go on the commercial invoice or on a document like this one.
Agreement between the United States of America, the United Mexican States, and Canada
Indicate whether the certifier is the IMPORTER, EXPORTER or PRODUCER of the goods.
| Item | 6 Description of Goods | 6 HS Tariff Classification | 7 Origin Criterion | Country of Origin | Quantity | Unit | |
|---|---|---|---|---|---|---|---|
I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.
Parties, ports, container and line items carry across every document.
The free-trade certification for US–Mexico–Canada shipments. Has no prescribed form, but must carry all nine required data elements.
A self-certified origin statement made by the exporter, used where a full chamber-stamped certificate of origin is not required.
Certifies that the goods contain no asbestos in any form — required by Australia, Saudi Arabia and other markets that ban asbestos outright.
Declares the timber packaging and container cleanliness of a consignment — required for Australian and New Zealand biosecurity clearance.
Certifies that the goods are new and have never been used — required where the destination restricts imports of second-hand goods.
Certifying as producer rather than exporter
This changed with USMCA. Under NAFTA only the exporter could certify. Now the importer, exporter or producer may, and the document must say which. Certifying as producer has one practical effect. If the producer certifies and does not know who the exporter is, the exporter's details are not required. That matters when you sell through a trading house and do not know who their customers are.
The destination decides which declarations you need
Australia and New Zealand ban asbestos completely and ask for a declaration that the goods contain none in any form. This catches products nobody expects, such as gaskets, brake parts and some cement board. ISPM 15 covers solid timber packaging worldwide, so a packing declaration depends on the crate, not on what is inside it. A new-and-unused declaration is needed where the destination restricts second-hand imports. None of these depend on what you make. They depend on where it is going.
Origin when you are the one transforming the goods
Origin is where the last substantial transformation took place. As producer, you are the only party who knows whether one took place. The test is set for each tariff heading. Usually it is a change of HS classification at four or six digits. Sometimes it is a percentage of local value. Assembly from imported parts may or may not give origin, depending on that rule. Repackaging, labelling and dilution never do, however much work they take.
Keep the evidence for five years
A certification is a claim you must be able to prove later. USMCA requires you to keep records for five years from the date of certification. A verification can ask for bills of materials, production records and supplier declarations, not just the certificate. If you sign a blanket certification covering up to twelve months, you are responsible for every shipment in that period.
Field-by-field walkthroughs of the documents above.
+Is there an official USMCA certificate of origin form?
No. This surprises people used to NAFTA. Any document works if it carries the nine required data elements and the certification statement. That is why the certification often appears on the commercial invoice itself.
+Can I certify goods I did not make?
Not as producer. You would certify as exporter instead. That is a different role on the same document, and you would be relying on the producer's information rather than your own records.
+Does a non-asbestos declaration need to be on letterhead?
In practice yes, and it should be signed. It is a statement of fact by your company that a border official relies on. An unsigned page without a letterhead is usually sent back.
+What if my packaging is plastic rather than timber?
Say so on the packing declaration. The document is not only for declaring treated timber. Declaring that there is no solid timber stops the shipment being held for an inspection of packaging that does not exist.
Exporters
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Freight forwarders
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Customs brokers
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