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CBP Gives Guidance on FTA Origination Analysis Without a Tariff Change Rule

A small number of goods in the Harmonized Tariff Schedule don't have corresponding free trade agreement (FTA) tariff change rules (TCR), said CBP in a CSMS message. That's because the FTA were negotiated using an HTS that has since been modified -- in 2007 and 2012 -- and corresponding tariff change rules have not yet been implemented, the agency said. Until the rules "are implemented, manufactures of affected goods seeking to perform a TCR origination analysis should perform the operation classifying both the good and its materials in accordance with the most recent HTSUS that has both the tariff item and the corresponding TCR," it said. The certification should include the current HTS number the HTS number used to perform the TCR, it said.

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The situation applies to some tariff numbers under:

  • NAFTA
  • Singapore FTA
  • Australia FTA
  • Bahrain FTA
  • Morocco FTA
  • Oman FTA
  • CAFTA-DR
  • Peru TPA
  • Korea FTA
  • Colombia TPA
  • Panama TPA

Only NAFTA, Singapore FTA, Australia FTA, and Bahrain FTA have had the TCRs updated to comply with the 2007 changes, and non have been updated to comply with the 2012 changes, it said.

Contact: FTA@dhs.gov