Notice2021-21229
Mexico Textile and Apparel Imports Approved for the Electronic Certification System (eCERT)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2021
Effective
October 5, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document announces that the certification requirement for certain imports of textile and apparel goods from the United Mexican States (Mexico) that are eligible for preferential tariff treatment under a tariff preference level (TPL) will be accomplished through the Electronic Certification System (eCERT). Specified quantities of certain textile and apparel imports from Mexico that are eligible for preferential tariff treatment under a TPL must have a valid certificate of eligibility with a corresponding eCERT transmission in order for an importer to claim the preferential duty rate. As the Agreement Between the United States of America, the United Mexican States and Canada (USMCA) requires the use of an electronic system for the transmission of a certificate of eligibility and other documentation related to TPLs for goods imported into the United States, Mexico has coordinated with the United States Government (USG) to implement the eCERT process. Mexico is now ready to participate in this process and transition from the way the USG currently receives certificates of eligibility from Mexico to eCERT. This transition will not change the TPL filing process or requirements applicable to importers of record, who will continue to provide the certificate numbers from Mexico in the same manner as when currently filing entry summaries with U.S. Customs and Border Protection. The format of the certificate of eligibility numbers will remain the same for the corresponding eCERT transmissions.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54225-54226]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21229]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Mexico Textile and Apparel Imports Approved for the Electronic
Certification System (eCERT)
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: This document announces that the certification requirement for
certain imports of textile and apparel goods from the United Mexican
States (Mexico) that are eligible for preferential tariff treatment
under a tariff preference level (TPL) will be accomplished through the
Electronic Certification System (eCERT). Specified quantities of
certain textile and apparel imports from Mexico that are eligible for
preferential tariff treatment under a TPL must have a valid certificate
of eligibility with a corresponding eCERT transmission in order for an
importer to claim the preferential duty rate. As the Agreement Between
the United States of America, the United Mexican States and Canada
[[Page 54226]]
(USMCA) requires the use of an electronic system for the transmission
of a certificate of eligibility and other documentation related to TPLs
for goods imported into the United States, Mexico has coordinated with
the United States Government (USG) to implement the eCERT process.
Mexico is now ready to participate in this process and transition from
the way the USG currently receives certificates of eligibility from
Mexico to eCERT. This transition will not change the TPL filing process
or requirements applicable to importers of record, who will continue to
provide the certificate numbers from Mexico in the same manner as when
currently filing entry summaries with U.S. Customs and Border
Protection. The format of the certificate of eligibility numbers will
remain the same for the corresponding eCERT transmissions.
DATES: The use of the eCERT process for certain Mexican textile and
apparel importations eligible for preferential tariff treatment under a
TPL will be effective for certain textile and apparel goods entered, or
withdrawn from a warehouse, for consumption on or after October 5,
2021.
FOR FURTHER INFORMATION CONTACT: For quota-related questions, contact
Julia Peterson, Chief, Quota and Agriculture Branch, Trade Policy and
Programs, Office of Trade, (202) 384-8905, or <a href="/cdn-cgi/l/email-protection#e9a1b8b8bca6bda8a98a8b99c78d819ac78e869f"><span class="__cf_email__" data-cfemail="feb6afafabb1aabfbe9d9c8ed09a968dd0999188">[email protected]</span></a>. For
questions related to the TPL provisions, contact Anita Harris, Chief,
Textile Policy Branch, Trade Policy and Programs, Office of Trade,
(202) 604-2151, or <a href="/cdn-cgi/l/email-protection#cb849f9f8e939f82878e949b8487828892948e858d8ba8a9bbe5afa3b8e5aca4bd"><span class="__cf_email__" data-cfemail="82cdd6d6c7dad6cbcec7ddd2cdcecbc1dbddc7ccc4c2e1e0f2ace6eaf1ace5edf4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Agreement Between the United States of America, the
United Mexican States and Canada (USMCA), Section C (Preferential
Tariff Treatment for Non-Originating Goods of another Party) of Annex
6-A of Chapter 6 (Textile and Apparel Goods) allows for preferential
tariff treatment under a tariff-preference level (TPL) of specified
annual quantities of certain textile and apparel goods from the United
Mexican States (Mexico) for import into the United States. The TPLs for
textile and apparel goods from Mexico set forth in U.S. Note 11 of
subchapter XXIII of Chapter 98 of the Harmonized Tariff Schedule of the
United States (HTSUS) are derived from Annex 6-A of Chapter 6 of the
USMCA. Pursuant to Section C of Annex 6-A of the USMCA, the USMCA
country where the good is being imported may require a document issued
by the competent authority of a USMCA country, such as a certificate of
eligibility, to provide information demonstrating that the good
qualifies for duty-free treatment under a TPL, to track allocation and
use of a TPL, or as a condition to grant duty-free treatment to the
good under a TPL. Each USMCA country must notify the other USMCA
countries if it requires a certificate of eligibility or other
documentation. CBP has determined that TPLs under the USMCA will be
administered using a certificate of eligibility. A TPL is a
quantitative limit for certain non-originating textile or apparel goods
that may be entitled to preferential tariff treatment based on the
goods meeting certain requirements, as specified by the USMCA and CBP.
A USMCA country will manage each TPL on a first-come, first-served
basis, and will calculate the quantity of goods that enter under a TPL
on the basis of its imports.
The Electronic Certification System (eCERT) is a system developed
by CBP that uses electronic data transmissions of information normally
associated with a required export document, such as a license or
certificate, to facilitate the administration of TPLs and ensure that
the proper restraint levels are charged without being exceeded. Mexico
currently submits certificates of eligibility to CBP via email, and in
the administration of the TPL, CBP validates these certificates with
the certificate numbers provided by importers of record (importers) on
their entry summaries. Paragraph 14 of Section C of Annex 6-A of the
USMCA requires that the parties to the agreement establish a secure
system for electronic transmission of certificates of eligibility or
other documentation related to TPL utilization, as well as for sharing
information in real time related to allocation and utilization of TPLs.
CBP has coordinated with Mexico to implement the eCERT process, and now
Mexico is ready to participate in this process by transmitting its
certificates of eligibility to CBP via eCERT.
Foreign countries participating in eCERT transmit information via a
global network service provider, which allows connectivity to CBP's
automated electronic system for commercial trade processing, the
Automated Commercial Environment (ACE). Specific data elements are
transmitted to CBP by the importer (or an authorized customs broker)
when filing an entry summary with CBP, and those data elements must
match eCERT data from the foreign country before an importer may claim
the preferential duty rate under a TPL. An importer may claim a
preferential duty rate when merchandise is entered, or withdrawn from
warehouse, for consumption, only if the information transmitted by the
importer matches the information transmitted by the foreign government.
If there is no transmission by the foreign government upon entry
summary, an importer must claim the most-favored nation (MFN) rate of
duty.\1\ An importer may subsequently claim the preferential duty rate
under certain limited conditions.\2\
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\1\ If there is no associated foreign government eCERT
transmission available upon the filing of the entry summary, an
importer may enter the merchandise for consumption subject to the
MFN rate of duty or opt not to enter the merchandise for consumption
at that time (e.g., transfer the merchandise to a customs bonded
warehouse or foreign trade zone or export or destroy the
merchandise).
\2\ An importer has the opportunity to make a post-importation
claim for a TPL by requesting a refund of any excess customs duties
at any time within one year after the date of importation of the
goods. However, the preferential duty rate is allowable only if
there are still amounts available within the original TPL period.
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This document announces that Mexico will be implementing the eCERT
process for transmitting certificates of eligibility for certain
textile and apparel entries that are eligible for preferential tariff
treatment under a TPL. Imported merchandise that is entered, or
withdrawn from warehouse, for consumption on or after October 5, 2021,
must match the eCERT transmission of a certificate of eligibility from
Mexico in order for an importer to claim the preferential duty rate.
The transition to eCERT will not change the TPL filing process or
requirements. Under this process, importers will continue to provide
the certificate of eligibility numbers from Mexico in the same manner
as when currently filing entry summaries with CBP. The format of the
numbers of certificates of eligibility will not change as a result of
the transition to eCERT. CBP will reject entry summaries that claim a
preferential duty rate under a TPL when filed without a valid
certificate of eligibility in eCERT.
Dated: September 24, 2021.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2021-21229 Filed 9-29-21; 8:45 am]
BILLING CODE 9111-14-P
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</html>Indexed from Federal Register on September 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.