6456 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

1The Agreement Between the United States of 

America, the United Mexican States, and Canada is 

the official name of the USMCA treaty. Please be 

aware that, in other contexts, the same document 

is also referred to as the United States-MexicoCanada Agreement. 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 24, 113, 123, 141, 144, 

163, 174, and 182 

[USCBP–2024–0017; CBP Dec. 24–18] 

RIN 1685–AA00 (Formerly RIN 1515–AE65) 

Agreement Between the United States 

of America, the United Mexican States, 

and Canada (USMCA) Implementing 

Regulations Related to Textile and 

Apparel Goods, Automotive Goods, 

and Other USMCA Provisions 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: This interim final rule 

amends the U.S. Customs and Border 

Protection (CBP) regulations to add 

implementing regulations for the 

preferential tariff treatment and related 

customs provisions of the Agreement 

Between the United States of America, 

the United Mexican States, and Canada 

(USMCA) with respect to general 

definitions, drawback and duty-deferral 

programs, textile and apparel goods, and 

automotive goods. This document also 

amends the regulations to implement 

the temporary admission of goods, to 

delineate recordkeeping and protest 

requirements, to clarify the fee 

provisions, and to make conforming 

amendments, including technical 

corrections to other laws as required by 

statute. 

DATES: This interim final rule is 

effective on March 18, 2025. However, 

compliance with the labor value content 

certification, steel purchasing 

certification, and aluminum purchasing 

certification provisions in §§ 182.95, 

182.96, and 182.97 will only be required 

for those vehicle certifications 

submitted to CBP on or after May 19, 

2025. Comments regarding this interim 

final rule must be received by March 18, 

2025. 

ADDRESSES: Please submit comments, 

identified by docket number USCBP– 

2024–0017, by the following method: 

Federal eRulemaking Portal at http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Operational Aspects and Audit Aspects: 

Raymond J. Irizarry, Director, Textiles 

and Trade Agreements Division, Trade 

Policy and Programs, Office of Trade, 

U.S. Customs and Border Protection, 

(202) 945–7236 or FTA@cbp.dhs.gov. 

Legal Aspects: Yuliya A. Gulis, 

Director, Commercial and Trade 

Facilitation Division, Regulations and 

Rulings, Office of Trade, U.S. Customs 

and Border Protection, (202) 325–0042 

or yuliya.a.gulis@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this interim 

final rule. U.S. Customs and Border 

Protection (CBP) also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this interim final rule. 

Comments that will provide the most 

assistance to CBP will reference a 

specific portion of the interim final rule, 

explain the reason for any 

recommended change, and include data, 

information or authority that support 

such recommended change. 

II. Background 

On November 30, 2018, the ‘‘Protocol 

Replacing the North American Free 

Trade Agreement with the Agreement 

Between the United States of America, 

the United Mexican States, and Canada’’ 

(the Protocol) was signed to replace the 

North American Free Trade Agreement 

(NAFTA). The Agreement Between the 

United States of America, the United 

Mexican States (Mexico), and Canada 

(the USMCA) 1 is attached as an annex 

to the Protocol and was subsequently 

amended to reflect certain modifications 

and technical corrections in the 

‘‘Protocol of Amendment to the 

Agreement Between the United States of 

America, the United Mexican States, 

and Canada’’ (the Amended Protocol), 

which the Office of the United States 

Trade Representative (USTR) signed on 

December 10, 2019. 

Pursuant to section 106 of the 

Bipartisan Congressional Trade 

Priorities and Accountability Act of 

2015 (19 U.S.C. 4205) and section 151 

of the Trade Act of 1974 (19 U.S.C. 

2191), the United States approved and 

implemented the USMCA through the 

enactment of the United States— 

Mexico—Canada Agreement 

Implementation Act (USMCA 

Implementation Act), Pub. L. 116–113, 

134 Stat. 11 (19 U.S.C. Chapter 29), on 

January 29, 2020. Section 103(a)(1)(B) of 

the USMCA Implementation Act (19 

U.S.C. 4513(b)(1)) provides the authority 

for new or amended regulations to be 

issued to implement the USMCA, as of 

the date of its entry into force. 

Mexico, Canada, and the United 

States certified their preparedness to 

implement the USMCA on December 

12, 2019, March 13, 2020, and April 24, 

2020, respectively. As a result, pursuant 

to paragraph 2 of the Protocol, which 

provides that the USMCA will take 

effect on the first day of the third month 

after the last signatory party provides 

written notification of the completion of 

its domestic procedures required for 

entry into force, the USMCA entered 

into force on July 1, 2020. 

Subsequent to the USMCA’s entry 

into force date, on December 27, 2020, 

the Consolidated Appropriations Act, 

2021 (Appropriations Act), Pub. L. 116– 

260, was enacted with Title VI of the 

Act containing technical corrections to 

the USMCA Implementation Act. All of 

the changes contained within Title VI of 

the Appropriations Act are retroactively 

effective on July 1, 2020, the USMCA’s 

entry into force date. See sections 601(h) 

and 602(g) of Title VI of the 

Appropriations Act. These changes 

included amending section 202 of the 

USMCA Implementation Act (19 U.S.C. 

4531) to prohibit non-originating goods 

used in production processes within 

foreign trade zones (FTZs) from 

qualifying as originating goods under 

the USMCA. See section 601(b) of Title 

VI of the Appropriations Act. 

Additionally, section 601(e) of Title VI 

of the Appropriations Act amended 19 

U.S.C. 1520(d) to allow the refund of 

merchandise processing fees for 

USMCA post-importation claims. The 

Appropriations Act also included 

technical corrections to other laws. 

These other laws, such as the African 

Growth and Opportunity Act and the 

Caribbean Basin Economic Recovery 

Act, implemented the relevant trade 

preference programs using the NAFTA 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6457 

2Available at: https://ustr.gov/trade-agreements/ 

free-trade-agreements/united-states-mexicocanada-agreement/free-trade-commissiondecisions/usmca-free-trade-commission-decisionno-1. 

3The S+ indicator is used for certain agricultural 

goods and textile tariff preference levels (TPLs). 

rules of origin. With the repeal of the 

North American Free Trade Agreement 

Implementation Act (NAFTA 

Implementation Act), section 602(a) and 

(b) of Title VI of the Appropriations Act 

amended these other laws to include the 

USMCA rules of origin. 

Pursuant to USMCA Article 5.16, the 

United States, Mexico, and Canada 

trilaterally negotiated and agreed to 

Uniform Regulations. The USMCA Free 

Trade Commission adopted the Uniform 

Regulations in its Decision No.1, 

effective as of the date of entry into 

force of the USMCA. Annex I to that 

decision includes: 2

• The Uniform Regulations Regarding 

the Interpretation, Application, and 

Administration of Chapter 4 (Rules of 

Origin) and Related Provisions in 

Chapter 6 (Textile and Apparel Goods) 

of the Agreement Between the United 

States of America, the United Mexican 

States, and Canada (Uniform 

Regulations regarding Rules of Origin), 

and 

• The Uniform Regulations Regarding 

the Interpretation, Application, and 

Administration of Chapters 5 (Origin 

Procedures), 6 (Textile and Apparel 

Goods), and 7 (Customs Administration 

and Trade Facilitation) of the 

Agreement Between the United States of 

America, the United Mexican States, 

and Canada (Uniform Regulations 

regarding Origin Procedures). 

In accordance with USMCA Article 

5.16, modifications or additions to the 

Uniform Regulations shall be 

considered regularly by the USMCA 

Parties to reduce their complexity and 

to ensure better compliance. To this 

end, further iterations of the Uniform 

Regulations may be negotiated. Part 182 

of title 19 of the Code of Federal 

Regulations (CFR) (19 CFR part 182) 

contains the Uniform Regulations 

regarding Chapter 4 Rules of Origin and 

related provisions of Chapter 6 in 

Appendix A. The Uniform Regulations 

for Chapter 5, remaining provisions of 

Chapter 6, and Chapter 7 regarding 

Origin Procedures are incorporated in 

title 19 of the CFR, including 19 CFR 

part 182, as appropriate for U.S. 

administrative processes and 

procedures. Part 182 of title 19 of the 

CFR will be amended through 

subsequent rulemaking to reflect future 

changes to both sets of the Uniform 

Regulations, as needed. 

The USMCA superseded NAFTA and 

its related provisions on the date that 

USMCA entered into force. See 

Protocol, paragraph 1. Section 601 of the 

USMCA Implementation Act repealed 

the NAFTA Implementation Act, Pub. L. 

103–182, 107 Stat. 2057 (19 U.S.C. 

3301), as of the date that the USMCA 

entered into force. The NAFTA 

provisions set forth in part 181 of title 

19 of the CFR (19 CFR part 181) and in 

General Note 12, Harmonized Tariff 

Schedule of the United States (HTSUS), 

continue to apply to goods entered for 

consumption, or withdrawn from 

warehouse for consumption, prior to 

July 1, 2020. 

Claims for preferential treatment 

under the USMCA may be made as of 

July 1, 2020. On July 1, 2020, CBP 

published an interim final rule (IFR), 

entitled ‘‘Implementation of the 

Agreement Between the United States of 

America, the United Mexican States, 

and Canada (USMCA) Uniform 

Regulations Regarding Rules of Origin,’’ 

(CBP Dec. 20–11) in the Federal 

Register (85 FR 39690), amending part 

181 and adding a new part 182 

containing several USMCA provisions, 

including the Uniform Regulations 

regarding Rules of Origin as Appendix 

A of part 182 to title 19 of the CFR (19 

CFR part 182), which was trilaterally 

agreed upon by the United States, 

Mexico, and Canada. CBP later 

published an IFR on July 6, 2021, 

entitled, ‘‘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,’’ (CBP 

Dec. 21–10) in the Federal Register (86 

FR 35566), which was effective on July 

1, 2021. The IFR amended part 182 to 

implement USMCA Chapters 1, 2, 5, 

and 7 related to general definitions, 

confidentiality, import requirements, 

export requirements, post-importation 

duty refund claims, a portion of the 

drawback and duty-deferral programs, 

general verifications and determinations 

of origin, commercial samples, goods reentered after repair or alteration in 

Canada or Mexico, and penalties. It also 

amended several other parts of title 19 

of the CFR necessary to implement the 

USMCA. In addition to those 

regulations and the regulations set forth 

in this document, persons intending to 

make USMCA preference claims may 

refer to the CBP website at https://

www.cbp.gov/trade/priority-issues/ 

trade-agreements/free-tradeagreements/USMCA for further 

guidance. The United States 

International Trade Commission has 

modified the HTSUS to include the 

addition of General Note 11, 

incorporating the USMCA rules of 

origin for preference purposes, and the 

insertion of the special program 

indicator ‘‘S’’ or ‘‘S+’’ for the USMCA in 

the HTSUS ‘‘special’’ rate of duty 

subcolumn.3

A. The Customs Related USMCA 

Provisions 

The USMCA is composed of 34 

chapters along with additional side 

letters. CBP is responsible for 

administering the customs related 

provisions contained within Chapters 1 

(Initial Provisions and General 

Definitions), 2 (National Treatment and 

Market Access for Goods), 4 (Rules of 

Origin), 5 (Origin Procedures), 6 (Textile 

and Apparel Goods) and 7 (Customs 

Administration and Trade Facilitation) 

of the USMCA and, pursuant to Article 

5.16 of the USMCA, the Uniform 

Regulations regarding Rules of Origin as 

well as the Uniform Regulations 

regarding Origin Procedures. This IFR 

amends the CBP regulations to 

implement remaining customs related 

USMCA provisions that CBP is 

responsible for administering, as 

described below. 

Chapter 1 of the USMCA contains the 

general definitions and country-specific 

definitions applicable to the USMCA, 

unless otherwise provided. 

Chapter 2 of the USMCA sets forth the 

national treatment and market access 

provisions. Unless otherwise provided, 

each USMCA country shall apply a 

customs duty on an originating good in 

accordance with its Schedule in Annex 

2–B (Tariff Commitments) of Chapter 2 

of the USMCA. See Article 2.4 of the 

USMCA. USMCA Chapter 2 also 

contains the drawback and duty-deferral 

program provisions (Article 2.5) and the 

temporary admission of goods 

provisions (Article 2.7). 

USMCA Chapter 4 contains the 

general rules of origin for preferential 

tariff treatment. Annex 4–B contains the 

product-specific rules of origin. 

Specifically, the Appendix to Annex 4– 

B of Chapter 4 of the USMCA sets forth 

the provisions related to the productspecific rules of origin for automotive 

goods. See USMCA Article 4.10. 

USMCA Appendix to Annex 4–B 

includes the automotive good-specific 

definitions (Article 1); the averaging 

provisions for purposes of calculating 

the regional value content of a passenger 

vehicle, light truck, heavy truck, or 

automotive good (Article 5); the steel 

purchasing and aluminum purchasing 

requirements (Article 6); the labor value 

content requirements (Article 7); and 


KHAMMOND on DSK9W7S144PROD with RULES5
6458 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

the provisions related to the transition 

period during which a qualifying 

passenger vehicle, light truck, or heavy 

truck may be originating under the 

USMCA pursuant to an alternative 

staging regime (Article 8). 

Chapter 5 of the USMCA sets forth the 

origin procedures. This includes the 

recordkeeping requirements for 

importers, exporters, and producers 

(Article 5.8); the general origin 

verification requirements and 

procedures (Article 5.9); determinations 

of origin (Article 5.10); advance rulings 

relating to origin (Article 5.14); and the 

review and appeal of determinations of 

origin and advance rulings (Article 

5.15). 

Chapter 6 includes the productspecific rules of origin specific to 

textiles and apparel goods. Except as 

specifically provided for in USMCA 

Chapter 6, USMCA Chapters 4 (Rules of 

Origin) and 5 (Origin Procedures) apply 

to textile and apparel goods as well. See 

USMCA Article 6.1. Chapter 6 contains 

the textile and apparel goods site visit 

verification provisions (Article 6.6), and 

the determination of origin provisions 

(Article 6.7). Annex 6–A of Chapter 6 of 

the USMCA sets forth the special 

provisions applicable to certain textile 

and apparel goods. See USMCA Article 

6.3. Section C of Annex 6–A sets forth 

the tariff preference level provisions 

related to preferential tariff treatment for 

non-originating goods of another 

USMCA country, including the 

requirements and applicable 

procedures. USMCA Annex 6–B 

contains the schedule of conversion 

factors that apply to tariff preference 

levels. 

USMCA Chapter 7 sets forth 

provisions related to customs 

administration and trade facilitation, 

specifically provisions on advance 

rulings (Article 7.5) and on review and 

appeal of customs determinations 

(Article 7.15). 

The Chapters 1, 2, 4, 5, 6, and 7 

provisions discussed above are reflected 

in this IFR. CBP is soliciting public 

comments in this document. CBP will 

address any public comments received 

from the IFRs implementing the 

USMCA in a final rule published in the 

Federal Register. Additionally, future 

trilateral negotiations on the Uniform 

Regulations may result in additional 

provisions that will be included in a 

future rulemaking process at a later 

date. 

B. Textiles and Apparel Goods 

Under the USMCA, a textile or 

apparel good is defined as a good 

classified in Harmonized System (HS) 

subheading 4202.12, 4202.22, 4202.32, 

or 4202.92 (luggage, handbags and 

similar articles with an outer surface of 

textile materials); headings 50.04 

through 50.07, 51.04 through 51.13, 

52.04 through 52.12, 53.03 through 

53.11; Chapters 54 through 63; heading 

66.01 (umbrellas) or heading 70.19 

(yarns and fabrics of glass fiber); 

subheading 9404.90 (articles of bedding 

and similar furnishing); or heading 

96.19 (babies diapers and other sanitary 

textile articles). See USMCA Article 1.5. 

Chapter 6 of the USMCA contains the 

provisions that apply only to the 

treatment of textile and apparel goods. 

Unless otherwise noted, the provisions 

in USMCA Chapter 6 are additional 

requirements, with the rules of origin in 

USMCA Chapter 4 and the origin 

procedures in USMCA Chapter 5 also 

applying to textile and apparel goods. 

Tariff Preference Levels (TPLs) 

USMCA Chapter 6 contains special 

provisions in Annex 6–A allowing 

specified quantities of certain textile 

and apparel goods, which do not meet 

the rules of origin in General Note 11, 

HTSUS, or the Uniform Regulations 

regarding Rules of Origin, to claim 

USMCA preferential tariff treatment 

because the goods undergo significant 

processing in one or more USMCA 

countries. See USMCA Article 6.3. 

Specifically, Section C of Annex 6–A 

sets the tariff preference levels (TPLs). 

TPLs require that each USMCA country 

apply the preferential tariff treatment 

applicable to originating goods (as set 

out in the goods’ schedule in USMCA 

Annex 2–B (Tariff Commitments)) for 

certain non-originating apparel goods of 

Chapters 61 and 62, HTSUS, and textile 

and apparel goods, other than wadding, 

of heading 9619, HTSUS; certain nonoriginating cotton or man-made fiber 

fabrics and textile goods, and certain 

goods of subheading 9404.90, HTSUS; 

and certain non-originating cotton or 

man-made fiber spun yarn, up to the 

annual quantities specified in the 

appendices to Annex 6–A, in the square 

meter equivalent measurement (SME) 

indicated. The SME is a unit of 

measurement that results from the 

application of the conversion factors set 

out in Annex 6–B, to a primary unit of 

measure such as a unit, dozen, or 

kilogram and is used in the appendices 

to Annex 6–A to determine the annual 

quantities of each specified textile and 

apparel good that is eligible for USMCA 

preferential tariff treatment under the 

TPLs. See USMCA Annex 6–A, Section 

A. 

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. See USMCA Annex 6–A, 

Section C. When imports exceed the 

established annual quantitative levels, 

the imported goods are subject to mostfavored nation (MFN) rates of duty. An 

importer may make a claim for 

preferential tariff treatment of a good 

under a TPL for at least one year after 

the good is imported, if the annual 

quantitative limit has not been reached 

and other TPL requirements are met. 

Goods imported under TPLs are exempt 

from merchandise processing fees. 

Pursuant to section 103(c)(1) of the 

USMCA Implementation Act (19 U.S.C. 

4513(c)), which grants the President 

proclamation authority to take the 

actions necessary to apply USMCA 

Article 6.3 and Annex 6–A, the special 

classification provisions in Subchapter 

XXIII of Chapter 98 of the HTSUS have 

been modified to insert U.S. Note 11 

containing the Mexican and Canadian 

textile and apparel goods, with the SME 

indicated, that are eligible for special 

tariff treatment subject to the TPLs. 

Additionally, the HTSUS was modified 

to include the insertion of the special 

program indicator ‘‘S+’’ in the HTSUS 

‘‘special’’ rate of duty subcolumn. The 

special program indicator ‘‘S+’’ is used 

when the HTSUS provides different 

preferential tariff treatment to each of 

the USMCA countries such as with 

TPLs. 

As goods subject to TPLs are not 

originating goods, the certification of 

origin requirement does not apply for 

textile or apparel goods subject to a TPL 

claiming USMCA preferential tariff 

treatment. Instead, pursuant to USMCA 

Annex 6–A, Section C, 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. Thus, CBP is 

adding the TPL requirements, including 

the requirements for the certificate of 

eligibility, to 19 CFR part 182, subpart 

H. 

The USMCA provisions related to 

claims for preferential tariff treatment 

generally apply, with the exception of 

the certification of origin requirement, 

to textile or apparel goods subject to 

TPLs, including the general verification 

requirements under USMCA Article 5.9 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6459 

4The exchange of information between USMCA 

countries is governed by 19 U.S.C. 1628. See also 

19 CFR 182.2(b) for the USMCA confidentiality 

regulations setting forth the legally permitted 

disclosures that allow CBP to share the confidential 

information it receives from the public, including 

the disclosures CBP is authorized to make to other 

USMCA countries. Please also refer to the 

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 interim final rule (86 FR 35566), 

published in the Federal Register on July 6, 2021, 

for additional information regarding confidential 

information and the USMCA. 

and the textile and apparel goodsspecific verification provisions in 

USMCA Article 6.6. See USMCA Annex 

6–A, Section C. 

Textile and Apparel Good Verifications 

Pursuant to USMCA Article 5.9, a 

USMCA country may conduct a 

verification to determine whether a 

good qualifies for preferential tariff 

treatment by one or more of the 

following means: a written request or 

questionnaire issued to the importer, 

exporter, or producer; a verification visit 

to the premises of the exporter or 

producer; for a textile or apparel good, 

the procedures set out in USMCA 

Article 6.6; or any other procedure as 

may be decided by the USMCA 

countries. 

Accordingly, the USMCA provides a 

USMCA country with the discretion to 

conduct a textile or apparel good 

verification either pursuant to the 

general verification procedures set forth 

in USMCA Article 5.9 or pursuant to a 

site visit under USMCA Article 6.6. A 

verification under USMCA Article 5.9 is 

conducted to verify whether a good 

qualifies for preferential tariff treatment. 

A site visit under USMCA Article 6.6 

(hereinafter referred to as a ‘‘site visit’’) 

may only be conducted to verify textile 

and apparel goods. A USMCA country 

may perform a site visit of an exporter 

or producer to verify whether a textile 

or apparel good qualifies for USMCA 

preferential tariff treatment or to verify 

whether customs offenses with regard to 

a textile or apparel good are occurring 

or have occurred. Consequently, under 

USMCA Article 6.6.3, during a site visit, 

a USMCA country may request access to 

records and facilities relevant to the 

claim for preferential tariff treatment or 

records and facilities relevant to the 

customs offenses being verified. 

USMCA Article 1.5 defines a customs 

offense to mean any act committed for 

the purpose of, or having the effect of, 

avoiding a USMCA country’s laws or 

regulations pertaining to the provisions 

of the USMCA governing importations 

or exportations of goods between, or 

transit of goods through, the territories 

of the USMCA countries, specifically 

those that violate a customs law or 

regulation for restrictions or 

prohibitions on imports or exports, duty 

evasion, transshipment, falsification of 

documents relating to the importation or 

exportation of goods, fraud, or 

smuggling of goods. 

A site visit’s procedures and 

processes differ significantly from a 

verification visit under USMCA Article 

5.9. Prior to conducting a site visit in a 

USMCA country, the USMCA country 

conducting the site visit is not required 

to notify the exporter or producer whose 

premises are going to be visited. The 

USMCA country conducting the site 

visit, however, must notify the USMCA 

country where the site visit will occur 

(the ‘‘host USMCA country’’). USMCA 

Article 6.6 sets forth the requirements 

and specific information that the 

USMCA country that is seeking to 

conduct the site visit with respect to a 

textile or apparel good must provide to 

the host USMCA country, not later than 

20 days prior to the date of the first visit 

to an exporter or producer. This 

information exchange between the 

USMCA countries is governed by the 

confidentiality provisions in USMCA 

Article 5.12 to ensure that information 

is treated as confidential when it is 

designated as confidential or is 

confidential under the receiving 

USMCA country’s laws.4 See USMCA 

Articles 5.12 and 6.9. Additionally, in 

accordance with USMCA Article 

6.6.7(c), the USMCA countries will limit 

communication regarding the site visit 

to relevant government officials and not 

inform any person outside the 

government of the host USMCA country 

in advance of the site visit or provide 

any other information not publicly 

available that could undermine the 

effectiveness of the site visit. 

The USMCA country conducting the 

site visit is required to request 

permission in order to access the 

relevant records or facilities from the 

exporter, producer, or a person having 

capacity to consent on behalf of the 

exporter or producer, either prior to the 

site visit, if this would not undermine 

the effectiveness of the site visit, or at 

the time of the site visit. See USMCA 

Article 6.6.7(d). Pursuant to the Uniform 

Regulations regarding Origin 

Procedures, the USMCA country 

performing the site visit would inform 

the person from whom it is requesting 

permission, at the time of the request for 

permission, of the legal authority for the 

visit, the specific purpose of the visit, 

and the names and titles of the officials 

performing the visit. Pursuant to 

USMCA Article 6.6.7(e), if permission is 

denied or access to the records or 

facilities is denied, the site visit will not 

occur. If the exporter, producer, or 

person having capacity to consent on 

behalf of the exporter or producer is not 

able to receive the USMCA country 

officials to carry out the site visit, the 

site visit will be conducted on the 

following business day unless the 

USMCA country conducting the site 

visit agrees otherwise, or there is a valid 

reason that the site visit cannot occur at 

that time. An unsubstantiated reason or 

a reason that the USMCA country 

conducting the site visit does not deem 

acceptable may result in the consent for 

the site visit to be deemed denied, 

though the USMCA country conducting 

the site visit should give consideration 

to any reasonable alternative proposed 

dates. See USMCA Article 6.6.7(e). 

On completion of a site visit, the 

USMCA country performing the site 

visit will, upon request of the host 

USMCA country or the exporter or 

producer, provide its relevant findings 

of the results of the site visit. See 

USMCA Article 6.6.8. Pursuant to 

USMCA Article 6.7, a USMCA country 

may deny a claim for preferential tariff 

treatment for a textile or apparel good 

for the reasons listed in USMCA Article 

5.10; or, if pursuant to a site visit, the 

USMCA country has not received 

sufficient information to determine that 

the textile or apparel good qualifies for 

preferential tariff treatment; or, if the 

USMCA country is unable to conduct 

the site visit as access or permission for 

a site visit is denied, the USMCA 

country officials are prevented from 

completing the site visit, or the exporter 

or producer does not provide access to 

the relevant records or facilities during 

a site visit. 

Under USMCA Article 6.6.11, if 

verifications of identical textile or 

apparel goods indicate a pattern of 

conduct by an exporter or producer of 

making false or unsupported 

representations that a good imported 

into the USMCA country qualifies for 

preferential tariff treatment, the USMCA 

country may withhold preferential 

treatment for identical textile or apparel 

goods imported, exported, or produced 

by that person until it is demonstrated 

to the USMCA country that the identical 

goods qualify for preferential tariff 

treatment. 

Section 207(a)(2) of the USMCA 

Implementation Act (19 U.S.C. 

4533(a)(2)) provides the Secretary of the 

Treasury authority to conduct a USMCA 

Article 6.6 site visit to verify whether 

the textile or apparel good qualifies for 

preferential tariff treatment under the 

USMCA or whether customs offenses 

are occurring or have occurred with 

respect to the good. Section 207(b) of 


KHAMMOND on DSK9W7S144PROD with RULES5
6460 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

the USMCA Implementation Act (19 

U.S.C. 4533(b)(1)) sets forth the basis for 

issuing a negative determination of 

origin. Specifically, section 

207(b)(1)(B)(iv) of the USMCA 

Implementation Act provides that, for a 

Chapter 6 site visit, a negative 

determination is a determination by the 

Secretary that access or permission for 

a site visit is denied; U.S. officials are 

prevented from completing a site visit 

on the proposed date and the exporter 

or producer does not provide an 

acceptable alternative date for the site 

visit; or the exporter or producer does 

not provide access to relevant 

documents or facilities during a site 

visit. Upon making a negative 

determination of origin, the Secretary 

may deny preferential tariff treatment 

under the USMCA. See 19 U.S.C. 

4533(c)(1). The Secretary also may 

withhold preferential tariff treatment for 

identical goods based on a pattern of 

conduct. See section 207(c)(2) of the 

USMCA Implementation Act (19 U.S.C. 

4533(c)(2)). 

To address the specific requirements 

and procedures for filing a claim for 

USMCA preferential tariff treatment for 

a textile or apparel good subject to a 

TPL and to set forth the procedures 

related to USMCA Article 6.6 site visits, 

CBP has included a separate subpart H, 

Textile and Apparel Goods, in part 182 

of title 19 of the CFR, that applies only 

to textile and apparel goods. 

C. Automotive Goods 

An automotive good is defined as 

either a covered vehicle (a passenger 

vehicle, light truck, or heavy truck), or 

a part, component, or material listed in 

Tables A.1, A.2, B, C, D, E, F, or G of 

the Appendix to Annex 4–B of the 

USMCA (also referred to as the 

‘‘Automotive Appendix’’). See section 

202A(a)(4) and (a)(7) of the USMCA 

Implementation Act (19 U.S.C. 

4532(a)(4) and (a)(7)). The definitions of 

passenger vehicle, light truck, and 

heavy truck are contained in the 

USMCA Automotive Appendix. In 

addition to the general rules of origin set 

forth in USMCA Chapter 4, the USMCA 

contains numerous product-specific 

rules of origin for automotive goods and 

additional provisions. These productspecific rules of origin and additional 

requirements are contained in the 

USMCA Automotive Appendix, 

including higher regional value content 

(RVC) thresholds than those in NAFTA, 

labor value content (LVC) requirement, 

steel purchasing requirement, and 

aluminum purchasing requirement. See 

USMCA Article 4.10 and Appendix to 

Annex 4–B. The importer, exporter, or 

producer who completes the 

certification of origin for a covered 

vehicle is certifying that the covered 

vehicle is an originating good that has 

complied with all the product-specific 

rules of origin, including the LVC, steel 

purchasing, and aluminum purchasing 

requirements. 

Section 202A of the USMCA 

Implementation Act (19 U.S.C. 4532) 

sets forth the special rules for 

automotive goods, including definitions 

specific to automotive goods, the 

vehicle certification requirements for 

covered vehicles, the alternative staging 

regime provisions, the administration of 

the high-wage components of the LVC 

requirement by the Department of Labor 

(DOL), and the extra procedures for 

verification of the LVC requirement. 

Covered vehicles imported into the 

United States are only eligible for 

USMCA preferential tariff treatment if 

the producer of the covered vehicle 

(passenger vehicles, light trucks, and 

heavy trucks) submits three properly 

filed vehicle certifications to CBP. These 

vehicle certifications are the LVC 

certification, steel purchasing 

certification, and aluminum purchasing 

certification. 

The product-specific rules of origin 

for automotive goods are set forth in 

General Note 11, HTSUS, Appendix A 

to part 182 of title 19 of the CFR 

(containing the Uniform Regulations 

regarding Rules of Origin), and the 

USMCA Automotive Appendix. To 

address the specific additional 

requirements and procedures applicable 

to claims for USMCA preferential tariff 

treatment for covered vehicles, CBP has 

included subpart I, Automotive Goods, 

in part 182 of title 19 of the CFR. 

Steel Purchasing and Aluminum 

Purchasing Requirements 

USMCA Article 6 of the Automotive 

Appendix sets forth the steel purchasing 

and aluminum purchasing 

requirements. In addition to the other 

product-specific rules of origin and 

requirements in USMCA Chapter 4, a 

covered vehicle imported into the 

United States is eligible for USMCA 

preferential tariff treatment only if the 

producer of the covered vehicle meets 

both the steel purchasing and the 

aluminum purchasing requirements, as 

set forth in USMCA Article 6 of the 

Automotive Appendix, section 17 of the 

Uniform Regulations regarding Rules of 

Origin, and General Note 11(k)(v), 

HTSUS, or, if the producer is subject to 

an alternative staging regime, as set 

forth in USMCA Articles 6 and 8 of the 

Automotive Appendix, section 19 of the 

Uniform Regulations regarding Rules of 

Origin, and General Note 11(k)(viii), 

HTSUS. 

Generally, subject to certain 

exceptions and conditions, the steel 

purchasing and aluminum purchasing 

requirements provide that a passenger 

vehicle, light truck, or heavy truck is 

originating under the USMCA only if, 

during the calculation period specified, 

at least 70 percent, by value, of the 

vehicle producer’s purchases, at the 

corporate level in the territories of one 

or more of the USMCA countries, of 

steel are of originating goods, and at 

least 70 percent, by value, of the vehicle 

producer’s purchases at the corporate 

level in the territories of one or more of 

the USMCA countries of aluminum are 

of originating goods. See USMCA 

Article 6 of the Automotive Appendix 

and section 17(1) of the Uniform 

Regulations regarding Rules of Origin. 

In order to facilitate implementation of 

the steel and aluminum purchasing 

requirements in accordance with 

USMCA Article 6.3 of the Automotive 

Appendix, Table S of the Uniform 

Regulations regarding Rules of Origin 

contains the HS subheadings for the 

steel and aluminum, including 

structural steel or aluminum goods used 

in the production of covered vehicles, 

that are subject to the USMCA steel 

purchasing and aluminum purchasing 

requirements. 

For purposes of determining whether 

the producer of a covered vehicle has 

met the steel purchasing and aluminum 

purchasing requirements, the producer 

may calculate the purchases of this steel 

and aluminum on the basis of the 

categories set forth in section 17(9) of 

the Uniform Regulations regarding 

Rules of Origin. The applicable 

calculation periods, over which the 

producer of a covered vehicle may 

calculate the purchases of steel or 

aluminum, are provided for in sections 

16(4), 16(5) and 17(7) of the Uniform 

Regulations regarding Rules of Origin. 

The producer of a covered vehicle may 

choose different calculation periods for 

its steel purchasing calculation and its 

aluminum purchasing calculation. See 

section 17(10) of the Uniform 

Regulations regarding Rules of Origin. 

A covered vehicle is eligible for 

USMCA preferential tariff treatment 

only if the producer of the covered 

vehicle provides a properly filed 

certification to CBP that the producer 

meets its steel purchasing and 

aluminum purchasing requirements, 

and the producer has information on 

record to support the calculations relied 

on for the certification. See section 

202A(c)(2)(A) of the USMCA 

Implementation Act (19 U.S.C. 

4532(c)(2)(A)). The producer of a 

covered vehicle is required to provide 

both a steel purchasing certification and 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6461 

an aluminum purchasing certification to 

CBP. CBP must ensure that both the 

steel purchasing certification and the 

aluminum purchasing certification do 

not contain omissions or errors before 

the certification is considered properly 

filed. See 19 U.S.C. 4532(c)(2)(B)(i). 

Section 202A(c)(2)(C) of the USMCA 

Implementation Act (19 U.S.C. 

4532(c)(2)(C)) authorizes the Secretary 

of the Treasury to prescribe regulations 

for a producer of a covered vehicle to 

certify that it meets the steel purchasing 

and aluminum purchasing requirements 

to qualify for USMCA preferential tariff 

treatment. Accordingly, CBP is adding 

regulations to 19 CFR part 182, subpart 

I, setting forth the steel purchasing and 

aluminum purchasing requirements, 

and the requirements and procedures 

for submission of the steel purchasing 

certification and the aluminum 

purchasing certification. 

LVC Requirement 

USMCA Article 7 of the Automotive 

Appendix sets forth the LVC 

requirement. In addition to the other 

product-specific rules of origin and 

requirements in USMCA Chapter 4, a 

covered vehicle imported into the 

United States is eligible for USMCA 

preferential tariff treatment only if the 

producer of the covered vehicle meets 

the LVC requirement, as set forth in 

USMCA Article 7 of the Automotive 

Appendix, section 18 of the Uniform 

Regulations regarding Rules of Origin, 

and General Note 11(k)(vi), HTSUS, or, 

if the producer is subject to an 

alternative staging regime, as set forth in 

USMCA Articles 7 and 8 of the 

Automotive Appendix, section 19 of the 

Uniform Regulations regarding Rules of 

Origin, and General Note 11(k)(viii), 

HTSUS. The applicable calculation 

periods, over which the producer of a 

covered vehicle may calculate the LVC, 

are provided for in sections 16(4), 16(5), 

and 18(19) (note only the calculation 

periods in section 18(19) are referenced 

in the DOL interim regulations at 29 

CFR part 810) of the Uniform 

Regulations regarding Rules of Origin. 

The LVC requirement is administered 

by both CBP and DOL. Section 202A of 

the USMCA Implementation Act (19 

U.S.C. 4532) prescribes CBP’s and 

DOL’s roles in implementing and 

administering the LVC requirement. 

Each agency has distinct areas of 

responsibility and CBP will work in 

conjunction with DOL to review the 

LVC certification and to perform 

verifications of covered vehicles that 

involve the LVC requirement. Pursuant 

to section 202A of the USMCA 

Implementation Act (19 U.S.C. 4532), 

DOL is responsible for implementing 

and administering the high-wage 

components of the LVC requirement, 

which include the wage components of 

the high-wage material and 

manufacturing expenditures, the highwage technology expenditures, and the 

high-wage assembly expenditures. CBP 

is responsible for determining whether 

a covered vehicle meets the LVC 

requirement generally, based on DOL’s 

high-wage components analysis and 

CBP’s analysis of the valuation and 

other components of the LVC 

calculation. CBP is solely responsible 

for determining whether a covered 

vehicle is an originating good qualifying 

for USMCA preferential tariff treatment. 

The DOL regulations that set forth the 

high-wage components of the LVC 

requirement and the applicable 

procedures are contained in 29 CFR part 

810. The DOL and CBP regulations, 

including the requirements and 

procedures, are intended to operate in 

conjunction with each other in 

accordance with 19 U.S.C. 4532(c)(1) 

and (e). CBP’s and DOL’s roles in the 

implementation and the administration 

of the LVC requirement are described in 

more detail below. 

A covered vehicle is only eligible for 

USMCA preferential tariff treatment if 

the producer of the covered vehicle 

provides a properly filed certification to 

CBP that the production of covered 

vehicles by the producer meets the LVC 

requirement, and the producer has 

information on record to support those 

calculations. See section 202A(c)(1)(A) 

of the USMCA Implementation Act (19 

U.S.C. 4532(c)(1)(A)). For purposes of 

determining whether a covered vehicle 

meets the LVC requirement, the 

producer of the covered vehicle must 

calculate the LVC requirement pursuant 

to General Note 11(k)(vi), HTSUS, 

section 18 of the Uniform Regulations 

regarding Rules of Origin, the 

requirements for the high-wage 

components of the LVC requirement set 

forth in the DOL regulations at 29 CFR 

part 810, and these regulations. 

The USMCA Implementation Act also 

sets forth CBP’s and DOL’s 

responsibilities with respect to the 

review of the LVC certification. The 

Secretary of Labor, in consultation with 

the Commissioner of CBP, must ensure 

that the LVC certification does not 

contain omissions or errors before the 

certification is considered properly 

filed. See 19 U.S.C. 4532(c)(1)(B)(i). 

Consistent with the USMCA 

Implementation Act and the DOL 

regulations, DOL’s role in the LVC 

certification is limited to reviewing the 

high-wage components of the LVC 

certification for omissions or errors. 

Section 202A(c)(1)(C) of the USMCA 

Implementation Act (19 U.S.C. 

4532(c)(1)(C)) authorizes the Secretary 

of the Treasury, in consultation with the 

Secretary of Labor, to prescribe 

regulations for a producer of a covered 

vehicle to certify that it meets the LVC 

requirement to qualify for USMCA 

preferential tariff treatment. On July 1, 

2020, DOL promulgated its USMCA 

implementing regulations in an IFR 

published in the Federal Register (85 

FR 39782), entitled ‘‘High-Wage 

Components of the Labor Value Content 

Requirements Under the United StatesMexico-Canada Agreement 

Implementation Act,’’ which added a 

new part 810 to title 29 of the CFR to 

address the requirements and establish 

procedures for vehicle producers to 

follow concerning the high-wage 

components of the LVC requirement. In 

this document, CBP is adding 

regulations to 19 CFR part 182, subpart 

I, setting forth the LVC requirement, and 

the requirements and procedures for 

submission of the LVC certification to 

CBP. 

Alternative Staging Regime 

The USMCA includes a standard 

staging regime for automotive good 

requirements to allow for a period of 

transition to lessen the burden on 

vehicle producers and grant them more 

time to meet the new requirements. 

Additionally, the USMCA Automotive 

Appendix includes provisions allowing 

vehicle producers to request an 

alternative staging regime to facilitate a 

longer period of transition to ensure that 

future production is able to meet the 

new requirements of the USMCA. The 

alternative staging regime differs from 

the standard staging regime by 

providing the vehicle producer with 

additional time, different phase-ins for 

certain product-specific rules of origin 

for automotive goods, and different 

threshold requirements. 

While an alternative staging regime 

provides an alternative to certain 

product-specific rules of origin 

requirements for covered vehicles, it 

does not replace any other USMCA 

rules of origin or provisions of general 

applicability for covered vehicles 

claiming USMCA preferential tariff 

treatment. Specifically, USMCA Article 

8 of the Automotive Appendix states 

that each USMCA country will provide 

that, for a period ending no later than 

five years after entry into force (July 1, 

2025) or any other period provided for 

in the producer’s approved alternative 

staging regime for passenger vehicles or 

light trucks and for a period ending no 

later than seven years after entry into 

force (July 1, 2027) for heavy trucks, 

covered vehicles may be originating 


KHAMMOND on DSK9W7S144PROD with RULES5
6462 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

under the USMCA pursuant to an 

alternative staging regime. An 

alternative staging regime is the 

application of the less stringent 

requirements of USMCA Article 8 of the 

Automotive Appendix to the production 

of covered vehicles for the duration of 

the alternative staging regime period to 

allow producers of such vehicles to 

bring production into full compliance 

with the more stringent requirements of 

USMCA Articles 2 through 7 of the 

Automotive Appendix. See 19 U.S.C. 

4532(a)(1). As provided in USMCA 

Article 8.6 of the Automotive Appendix, 

a rule of origin applicable to a covered 

vehicle as a result of an alternative 

staging regime applies in place of any 

other rule of origin for that good. 

Pursuant to General Note 11(k)(viii), 

HTSUS, including as may be further 

provided for in subchapter XXIII of 

chapter 99 of the HTSUS, and the 

Uniform Regulations regarding Rules of 

Origin, a covered vehicle may be 

originating pursuant to an alternative 

staging regime. Section 202A(d) of the 

USMCA Implementation Act (19 U.S.C. 

4532(d)) sets forth the U.S. alternative 

staging regime. USTR, in consultation 

with the Interagency Committee on 

Trade in Automotive Goods established 

in Executive Order 13908 (February 28, 

2020) (‘‘Interagency Committee’’), has 

the authority to set the alternative 

staging regime requirements, 

procedures, and criteria to submit 

petitions to use an alternative staging 

regime, as well as to review petitions to 

use an alternative staging regime, 

approve an alternative staging regime, 

approve requests for modifications of 

the petitions, as necessary, and make 

determinations that a vehicle producer 

subject to the alternative staging regime 

failed to meet the requirements of the 

alternative staging regime. 

In accordance with 19 U.S.C. 

4532(d)(1), on April 21, 2020, USTR 

published a notice in the Federal 

Register (85 FR 22238), entitled 

‘‘Procedures for the Submission of 

Petitions by North American Producers 

of Passenger Vehicles or Light Trucks 

To Use the Alternative Staging Regime 

for the USMCA Rules of Origin for 

Automotive Goods,’’ providing guidance 

to vehicle producers seeking to request 

an alternative staging regime for the 

USMCA rules of origin for automotive 

goods. The Federal Register notice 

specified the vehicle producers that are 

eligible to petition for an alternative 

staging regime and the requirements 

that vehicle producers must comply 

with during and after the alternative 

staging regime. 

CBP may deny USMCA preferential 

tariff treatment for claims where vehicle 

producers fail to meet the standard 

automotive good requirements without 

an authorized alternative staging regime, 

or a determination has been made that 

the producer fails to meet the 

requirements of the alternative staging 

regime as outlined by USTR in the 

Federal Register notice. An alternative 

staging regime for a passenger vehicle or 

light truck is valid for five years (in 

contrast to seven years for heavy trucks) 

after the USMCA’s entry into force 

unless the vehicle producer requests a 

longer period and that longer period is 

accepted by USTR. In accordance with 

19 U.S.C. 4532(d)(3)(B), USTR will 

maintain a public list of the names of 

vehicle producers it has authorized to 

use an alternative staging regime. If 

USTR subsequently determines 

pursuant to 19 U.S.C. 4532(d)(5) that a 

producer failed to meet the 

requirements of its alternative staging 

regime, USTR may remove the 

producer’s name from the public list. In 

that instance, the producer’s vehicles 

will no longer be eligible for USMCA 

preferential tariff treatment pursuant to 

the previously approved alternative 

staging regime and notwithstanding the 

finality of a liquidation of an entry, the 

importer of any covered vehicle of that 

producer will be liable for the duties, 

taxes, and fees that would have been 

applicable to that vehicle if USMCA 

preferential tariff treatment pursuant to 

the alternative staging regime had not 

been applied plus interest assessed on 

or after the date of entry and before the 

date of the USTR determination. See 19 

U.S.C. 4532(d)(5)(A). After expiration of 

the alternative staging period, all claims 

for USMCA preferential tariff treatment 

for covered vehicles must meet the rules 

of origin set forth in USMCA Articles 2 

through 7 of the Automotive Appendix. 

Recordkeeping 

As explained in more detail below in 

section III.D. of this IFR, section 206(a) 

of the USMCA Implementation Act 

amended 19 U.S.C. 1508 to implement 

the USMCA recordkeeping 

requirements. Certain amendments 

apply only to covered vehicles. 

Pursuant to section 206(a) of the 

USMCA Implementation Act (19 U.S.C. 

1508(b)(4)(B)), any vehicle producer 

whose goods are the subject of a claim 

for USMCA preferential tariff treatment 

must make, keep, and pursuant to the 

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 

LVC, steel purchasing, and aluminum 

purchasing requirements. The vehicle 

producer must retain these records and 

supporting documents for a period of at 

least five years after the date of filing of 

the vehicle certifications and render 

them for examination and inspection 

upon request. See 19 U.S.C. 

1508(b)(5)(C)(ii). The DOL 

recordkeeping requirements related to 

the high-wage components for the LVC 

requirement for vehicle producers are 

located at 29 CFR part 810. 

Any importer who claims USMCA 

preferential tariff treatment for a good 

imported into the United States must 

make, keep, and, pursuant to the rules 

and regulations prescribed by the 

Secretary of the Treasury and the 

Secretary of Labor, render for 

examination and inspection the records 

and supporting documentation related 

to the importation, all records and 

supporting documents related to the 

origin of the good if the importer 

completed the certification of origin, 

and the transshipment records. See 19 

U.S.C. 1508(b)(4)(A). Since the vehicle 

certifications and any records and 

supporting documents related to the 

LVC, steel purchasing, and aluminum 

purchasing certifications are records 

related to the origin of the good under 

19 U.S.C. 1508(b)(4)(A)(ii), an importer 

is only required to make, keep, and 

render for examination and inspection 

these records if the importer completed 

the certification of origin. The DOL 

recordkeeping requirements, related to 

the high-wage components of the LVC 

requirement, for importers making a 

claim for USMCA preferential tariff 

treatment for covered vehicles, are 

located at 29 CFR part 810. 

Verifications 

A USMCA country may conduct a 

verification of a covered vehicle 

pursuant to the general verification 

means, requirements, and procedures 

set forth in USMCA Article 5.9. 

Pursuant to section 202A(e)(1) of the 

USMCA Implementation Act (19 U.S.C. 

4532(e)(1)), as part of a general 

verification conducted under USMCA 

Article 5.9 (19 U.S.C. 4533), the 

Secretary of the Treasury, in 

conjunction with the Secretary of Labor, 

may conduct a verification of whether a 

covered vehicle complies with the LVC 

requirement. The USMCA 

Implementation Act specifies the role of 

CBP and the role of DOL in a 

verification of a covered vehicle. DOL, 

in cooperation with the Secretary of the 

Treasury, will participate in any 

verification of the LVC requirement by 

verifying whether the production of 

covered vehicles by a producer meets 

the high-wage components of the LVC 

requirement, including the wage 

component of the high-wage material 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6463 

and manufacturing expenditures, the 

high-wage technology expenditures, and 

the high-wage assembly expenditures. 

See 19 U.S.C. 4532(e)(2). During a 

verification of a covered vehicle 

involving the LVC requirement, the 

Secretary of the Treasury will verify the 

components of the LVC requirement not 

covered by DOL and determine whether 

the producer has met the LVC 

requirement. See 19 U.S.C. 4532(e)(3). 

The USMCA Implementation Act also 

specifies the actions that DOL will take 

during a verification and the nature of 

the information that may be requested. 

See 19 U.S.C. 4532(e)(4). In accordance 

with these requirements, CBP is adding 

verification requirements and 

procedures to the regulations in 19 CFR 

part 182, subpart I, addressing 

verifications of covered vehicles 

involving the LVC requirement. These 

verification requirements will apply in 

addition to the general verification 

regulations in 19 CFR part 182, subpart 

G. Furthermore, the DOL regulations at 

29 CFR part 810 set forth the 

parameters, requirements, and 

procedures for DOL’s verification of the 

high-wage component of the LVC 

requirement. 

III. Amendments to the Regulations 

Pursuant to section 210(a) of the 

USMCA Implementation Act (19 U.S.C. 

4535(a)), the Secretary of the Treasury 

has the authority to prescribe 

regulations as needed to implement the 

USMCA. Pursuant to this authority, this 

IFR codifies numerous key USMCA 

provisions implementing the USMCA 

for the United States. This IFR 

promulgates CBP regulations to 

implement the USMCA requirements 

and procedures trilaterally agreed to by 

the USMCA countries under the 

USMCA, the Uniform Regulations 

regarding the Rules of Origin, and the 

Uniform Regulations regarding Origin 

Procedures. Specifically, this IFR 

amends existing provisions and adds 

new provisions to the CBP regulations 

to implement the additional USMCA 

Chapter 1 general definitions; the 

remaining USMCA Chapter 2 drawback 

and duty-deferral program provisions; 

the USMCA Article 2.7 temporary 

admission of goods provisions; the 

USMCA Chapter 4 product-specific 

rules of origin for automotive goods; the 

USMCA Article 5.8 recordkeeping 

requirements for importers, exporters, 

and producers; the USMCA general 

origin verification requirements and 

procedures; the USMCA Article 5.10 

determination of origin provisions; the 

USMCA Article 5.14 advance rulings 

requirements; the USMCA Article 5.15 

review and appeal of determinations of 

origin and advance rulings provisions; 

the USMCA Chapter 6 product-specific 

rules of origin for textiles and apparel 

goods; and the USMCA Chapter 7 

provisions related to customs 

administration and trade facilitation. 

In order to provide transparency and 

facilitate their use, the majority of the 

USMCA implementing regulations are 

set forth in part 182 of title 19 of the 

CFR, entitled the United States-MexicoCanada Agreement. Part 182 sets forth 

the USMCA preferential tariff treatment 

and other customs related provisions. 

This IFR amends part 182 to add 

regulations implementing remaining 

portions of USMCA Chapters 1, 2, 4, 5, 

and 6, as discussed above, to the 

existing part 182 regulatory framework. 

Additionally, this IFR makes 

amendments to other parts of title 19 of 

the CFR, including parts 10, 24, 113, 

123, 141, 144, 163, and 174, to 

implement relevant provisions in 

USMCA Chapters 2, 5, 6, and 7. 

All of the regulatory amendments 

made in this document implement the 

USMCA, the Uniform Regulations 

regarding Rules of Origin, and the 

Uniform Regulations regarding Origin 

Procedures, as trilaterally agreed to by 

the United States, Mexico, and Canada, 

into the CBP regulations. These 

regulatory amendments are also 

consistent with the USMCA 

Implementation Act (19 U.S.C. Chapter 

29). The United States adopted the 

USMCA through the enactment of the 

USMCA Implementation Act, which 

provides CBP with the statutory 

authority to promulgate these additional 

USMCA implementing regulations 

appropriate to carry out the actions 

required by or authorized under the 

USMCA Implementation Act or 

proposed in the Statement of 

Administrative Action approved under 

19 U.S.C. 4511(a)(2) to implement the 

USMCA, as required by Section 

103(b)(1) of the USMCA Implementation 

Act (19 U.S.C. 4513(b)(1)). 

A. Part 10 

1. Section 10.31 

Section 10.31 sets forth the temporary 

importations under bond (TIB) 

provisions for articles brought into the 

United States temporarily and claimed 

to be exempt from duty under Chapter 

98, Subchapter XIII, HTSUS. Paragraph 

(f) of § 10.31 provides exceptions to the 

general rule that for temporary 

importations, a bond is required in an 

amount equal to double the duties and 

fees (or a larger amount as required by 

the Center of Excellence and Expertise 

(Center) director), which it is estimated 

the articles would accrue had all the 

articles covered by the entry been 

entered under an ordinary consumption 

entry. 

USMCA Article 2.7, Temporary 

Admission of Goods, provides that each 

USMCA country must grant duty-free 

temporary admission for: (a) 

professional equipment, including 

equipment for the press or television, 

software, and broadcasting and 

cinematographic equipment, that is 

necessary for carrying out the business 

activity, trade, or profession of a person 

who qualifies for temporary entry; (b) a 

good intended for display or 

demonstration, including its component 

parts, ancillary apparatus and 

accessories; (c) commercial samples and 

advertising films and recordings; and (d) 

a good admitted for sports purposes, 

admitted from the territory of another 

USMCA country, regardless of its origin. 

See USMCA Article 2.7.1. Under 

USMCA Article 2.7.2, a USMCA country 

may condition the duty-free temporary 

admission of the above-mentioned 

goods on certain requirements. Under 

Article 2.7.2(d) of the USMCA, a 

USMCA country may also condition the 

duty-free temporary admission of one of 

the above-mentioned goods on the 

requirement that the good be 

accompanied by security in an amount 

no greater than 110 percent of the 

charges that would otherwise be owed 

on entry or importation, and releasable 

on exportation of the good. Section 

10.31(f) currently provides that ‘‘the 

bond required to be given shall be in an 

amount equal to 110 percent of the 

estimated duties, including fees, 

determined at the time of entry.’’ 

Section 10.31(f) applies this 110 percent 

limitation to the goods listed in USMCA 

Article 2.7.1(a) through (d) when the 

goods are originating and applies to the 

goods listed in USMCA Article 2.7.1(a) 

and (c) when the goods are nonoriginating. Thus, CBP is adding a new 

last sentence to 19 CFR 10.31(f) to 

clarify that this 110 percent limitation 

also applies to the goods listed in 

USMCA Article 2.7.1(b) and (d) when 

the goods are non-originating. The new 

last sentence reads: ‘‘In the case of 

articles imported for sports purposes 

and articles intended for display or 

demonstration, if brought into the 

United States by a national of Canada or 

Mexico, the bond shall be without 

surety or cash deposit in an amount 

equal to 110 percent of the estimated 

duties and fees determined at the time 

of entry, if the entered article is not 

originating, within the meaning of 

General Notes 11 and 12, HTSUS, in the 

country of which the importer is a 

national.’’ 


KHAMMOND on DSK9W7S144PROD with RULES5
6464 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

Pursuant to USMCA Article 2.7.2(a), 

another requirement that a USMCA 

country may condition the duty-free 

temporary admission of a good on is the 

good being imported by a national of 

another USMCA country who seeks 

temporary entry. Article 1.5 (Section B) 

of USMCA Chapter 1 defines ‘‘a national 

of the United States’’ as defined in the 

Immigration and Nationality Act. 

Additionally, a bond for customs duties 

must not be required for an originating 

good. See USMCA Article 2.7.2(d). 

In accordance with these 

requirements, § 10.31(f) allows for the 

duty-free temporary importation of the 

remaining above-mentioned articles 

without a bond if the articles qualify as 

originating. Section 10.31(f) currently 

states that, in the case of professional 

equipment necessary for carrying out 

the business activity, trade or profession 

of a business person, equipment for the 

press or for sound or television 

broadcasting, cinematographic 

equipment, articles imported for sports 

purposes and articles intended for 

display or demonstration, if brought 

into the United States by a resident of 

Canada or Mexico and entered under 

Chapter 98, Subchapter XIII, HTSUS, no 

bond or other security will be required 

if the entered article is an originating 

good. For this purpose, an originating 

good is defined as originating within the 

meaning of certain general notes of the 

HTSUS listed in § 10.31(f), in the 

country of which the importer is a 

resident. 

In accordance with USMCA Article 

2.7.2(a), CBP is revising the sixth 

sentence of 19 CFR 10.31(f) to require 

that the article being brought into the 

United States be brought in by a 

national of Canada or Mexico, as 

opposed to a resident of Canada or 

Mexico, to qualify as originating goods. 

Additionally, CBP is revising the sixth 

sentence of 19 CFR 10.31(f) to add 

General Note 11, HTSUS, to the list of 

applicable general notes. 

Finally, CBP is revising 19 CFR 

10.31(f) to clarify the general rule that, 

for temporary importations, a bond is 

required in an amount equal to double 

the duties and fees (or a larger amount 

as required by the Center of Excellence 

and Expertise (Center) director), which 

it is estimated the articles would accrue 

had all the articles covered by the entry 

been entered under an ordinary 

consumption entry. Fees and duties are 

distinct and are covered by separate 

articles in the General Agreement on 

Tariffs and Trade (GATT). Thus, CBP is 

revising the language in 19 CFR 10.31(f) 

from ‘‘duties, including fees’’ in both 

instances where it is referenced to 

‘‘duties and fees’’ to clarify that fees are 

not included in duties. 

2. Section 10.36a 

Section 10.36a sets forth the 

provisions for the temporary 

importation of vehicles, pleasure boats, 

and aircraft brought into the United 

States by an operator for repair or 

alteration. Specifically, § 10.36a 

currently defines the phrase ‘‘for repair 

or alteration’’ with a reference to 

§§ 10.8, 10.490, 10.570, and 181.64 of 

title 19 of the CFR. The definition of 

‘‘repairs or alterations’’ in §§ 10.490, 

10.570, and 181.64 of title 19 of the CFR 

provides that ‘‘repairs or alterations’’ 

means restoration, addition, renovation, 

re-dyeing, cleaning, re-sterilizing, or 

other treatment that does not destroy the 

essential characteristics of, or create a 

new or commercially different good 

from, the good exported from the United 

States. This definition of ‘‘repairs or 

alterations’’ is included in 19 CFR 

182.112, which contains the rules that 

apply for purposes of obtaining dutyfree treatment of goods returned after 

repair or alteration in Canada or Mexico 

under the USMCA. CBP has decided 

that, rather than adding additional 

cross-references in § 10.36a to § 182.112 

and the other relevant FTA regulations, 

CBP will add the definition of ‘‘repair or 

alteration’’ to § 10.36a to make it more 

transparent to the public. Thus, CBP is 

revising § 10.36a to remove the crossreferences and to add the text of the 

definition of ‘‘repairs or alterations.’’ 

3. Section 10.41a 

Pursuant to section 322(a) of the Tariff 

Act of 1930, as amended (19 U.S.C. 

1322(a)), vehicles and other instruments 

of international traffic, of any class 

specified by the Secretary of the 

Treasury, shall be excepted from the 

application of the customs laws to the 

extent that such terms and conditions 

are prescribed in regulations or 

instructions. Sections 10.41, 10.41a, and 

10.41b of title 19 of the CFR set forth the 

qualifications for designating 

instruments of international traffic (IITs) 

and the conditions under which they 

may be released without entry or the 

payment of duty. Section 10.41a(a)(1) 

designates lift vans, cargo vans, 

shipping tanks, skids, pallets, caul 

boards, and cores for textile fabrics, 

arriving (whether loaded or empty) in 

use or to be used in the shipment of 

merchandise in international traffic as 

‘‘instruments of international traffic.’’ 

The Commissioner of CBP is also 

authorized, under § 10.41a(a)(1), to 

designate additional articles or classes 

of articles as instruments of 

international traffic. CBP has repeatedly 

held that to qualify as an instrument of 

international traffic, the article must be 

a substantial container or holder. 

A container that is designated as an 

instrument of international traffic is 

deemed to remain in international 

traffic provided that the container exits 

the United States within 365 days of the 

date it was admitted. See 19 CFR 

10.41a(g)(1). When such a container 

does not exit the United States within 

365 days of the date on which it is 

admitted, it shall be considered to have 

been removed from international traffic 

and an entry for consumption must be 

made. See 19 CFR 10.41a(g)(3). 

Currently, § 10.41a(g) does not allow 

for an extension beyond the prescribed 

365-day time period. Any instrument of 

international traffic that remains in the 

United States for a period exceeding 365 

days triggers the entry requirement 

imposed by § 10.41a(g)(3). However, 

USMCA Article 2.7.11 specifically 

requires that each USMCA country must 

extend the timeframe for temporary 

admission of a shipping container or 

other substantial holder beyond the 

period initially fixed at the request of 

the person concerned. Accordingly, CBP 

is revising 19 CFR 10.41a(g)(1) to allow 

CBP to grant an extension and permit 

the IIT container to remain in 

international traffic beyond the 365-day 

time period, at the request of the person 

who filed the application for release 

under § 10.41a(a)(1), when the container 

is designated as an instrument of 

international traffic and was admitted 

from Canada or Mexico. The request for 

extension should be submitted to CBP 

in the Automated Commercial 

Environment (ACE), prior to the end of 

the 365-day time period. The request 

must contain the container number, last 

arrival date, intended departure date, 

and the reason for delay in removing the 

container or holder from the United 

States. CBP will notify the individual 

who filed the application for release of 

the details of the extension in ACE. 

CBP is also amending paragraph (g)(3) 

to clarify that a container that does not 

exit the United States by the date the 

extension expires shall be treated the 

same as a container, without an 

extension, that does not exit the United 

States within the prescribed 365-day 

time period. A container that is 

designated as an instrument of 

international traffic and granted an 

extension under paragraph (g)(1) will be 

considered to have been removed from 

international traffic and an entry for 

consumption must be made if the 

container does not exit the United States 

prior to the date of expiration of the 

extension granted. 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6465 

4. Section 10.301 

Subpart G of part 10 sets forth the 

provisions related to the United StatesCanada Free Trade Agreement. 

Specifically, § 10.301 provides the scope 

and applicability of the United StatesCanada Free Trade Agreement, 

including that the United States and 

Canada agreed to suspend operation of 

the Agreement from January 1, 1994. 

This suspension date was to coincide 

with the entry into force of NAFTA. 

With the simultaneous repeal of NAFTA 

(see section 601 of the USMCA 

Implementation Act) and the entry into 

force of the USMCA as of July 1, 2020, 

the United States and Canada have 

agreed to continue suspending 

operation of the United States-Canada 

Free Agreement. 

Section 501(c) of the United StatesCanada Free Trade Agreement 

Implementation Act of 1988 (Pub. L. 

100–449; 19 U.S.C. 2112 note) sets forth 

the termination or suspension 

provisions of the United States-Canada 

Free Trade Agreement. In section 602 of 

the USMCA Implementation Act, 

Congress amended section 501(c)(3) of 

the United States-Canada Free Trade 

Agreement Implementation Act of 1988 

to state that the United States and 

Canada agreed to suspend the operation 

of the United States-Canada Free Trade 

Agreement by reason of the entry into 

force of the USMCA until such time as 

the suspension of the United StatesCanada Free-Trade Agreement may be 

terminated. Accordingly, CBP is 

revising 19 CFR 10.301 to add a 

reference to the USMCA to indicate that 

the United States-Canada Free Trade 

Agreement continues to remain 

suspended with the entry into force of 

the USMCA and to provide the public 

with the relevant citation to the USMCA 

regulations in part 182. 

5. Technical Corrections in Part 10 

The implementing legislation for the 

African Growth and Opportunity Act 

(AGOA) and the Caribbean Basin 

Economic Recovery Act (CBERA), as 

amended by the United StatesCaribbean Basin Trade Partnership Act 

(CBTPA), trade preference programs 

contained the NAFTA rules of origin. 

See 19 U.S.C. 3721 and 19 U.S.C. 2702. 

Accordingly, the implementing 

regulations for these programs in part 10 

of title 19 of the CFR, which followed 

the statutory language, contain 

numerous references to NAFTA. 

Subpart D of part 10 sets forth the textile 

and apparel articles under the AGOA 

provisions (see 19 CFR 10.211–10.217) 

and subpart E of part 10 contains the 

textile and apparel articles and the nontextile articles under the CBTPA 

provisions (see 19 CFR 10.221–10.237). 

As stated above, on July 1, 2020, 

section 601 of the USMCA 

Implementation Act repealed the 

NAFTA Implementation Act and 

references to NAFTA became outdated. 

On December 27, 2020, section 602 of 

Title VI of the Appropriations Act set 

forth technical corrections to other laws, 

including AGOA and CBERA (as 

amended by CBTPA), which replaced 

the outdated references to NAFTA with 

references to the USMCA. See section 

602(a) and (b) of Title VI of the 

Appropriations Act. These technical 

corrections are retroactively effective on 

July 1, 2020, the USMCA’s entry into 

force date. See section 602(g) of Title VI 

of the Appropriations Act. Accordingly, 

CBP is amending §§ 10.212(l), 

10.213(a)(8), 10.214(b), 10.214(c)(12), 

10.222, 10.223(a)(7), 10.224(c)(12), 

10.232, 10.233(b), and 10.237(b), which 

include various references to NAFTA 

(e.g., definitions for ‘‘NAFTA’’ in 

§§ 10.212, 10.222, and 10.232), to 

include accurate references to the 

USMCA in accordance with the 

technical corrections made to 19 U.S.C. 

3721 and 19 U.S.C. 2702. 

B. Part 24 

1. Section 24.23 

Section 24.23 provides the terms and 

conditions for merchandise processing 

fees. Paragraph (c) contains the 

exemptions. Specifically, paragraph 

(c)(3) states that the ad valorem, 

surcharge, and specific fees provided for 

under paragraphs (b)(1) and (b)(2) will 

not apply to goods originating in Canada 

or Mexico under NAFTA within the 

meaning of General Note 12, HTSUS. 

The USMCA also provides a 

merchandise processing fee exemption. 

USMCA Article 2.16.3 states that no 

USMCA country shall adopt or maintain 

a customs user fee on an originating 

good, with footnote 3 further clarifying 

that this commitment only applies to 

the United States with respect to the 

merchandise processing fee. In 

accordance with this commitment, 

section 203 of the USMCA 

Implementation Act amended section 

13031(b)(10)(B) of the Consolidated 

Omnibus Budget Reconciliation Act of 

1985 (19 U.S.C. 58c(b)(10)(B)) to specify 

that no fee for the processing of 

merchandise may be charged for goods 

that qualify as originating goods under 

19 U.S.C. 4531 or that qualify for dutyfree treatment under USMCA Annex 6– 

A. 

Accordingly, CBP is revising 19 CFR 

24.23(c)(3) to clarify that originating 

goods and textile or apparel goods 

subject to a TPL, for which a claim for 

preferential tariff treatment under the 

USMCA is made, are also exempt from 

the merchandise processing fees. When 

the importer makes a claim for USMCA 

preferential tariff treatment, the ad 

valorem, surcharge, and specific fees 

provided for under § 24.23(b)(1) and 

(b)(2) do not apply to goods originating 

under the USMCA within the meaning 

of General Note 11, HTSUS (see also 19 

U.S.C. 4531), or to textile or apparel 

goods subject to a TPL that qualify for 

preferential tariff treatment under 

§ 182.82 (see also Annex 6–A of the 

USMCA), that are entered for 

consumption, or withdrawn from 

warehouse for consumption, on or after 

July 1, 2020. 

2. Section 24.36 

Section 24.36 sets forth the 

procedures and conditions under which 

a refund of excessive duties, taxes, fees, 

or interest will be due when discovered 

upon, or prior to, liquidation or 

reliquidation of an entry or 

reconciliation. Paragraph (a)(1) provides 

that the refund shall include interest on 

the excess money deposited with CBP 

and the dates that such interest shall 

start to accrue, including for proper 

claims filed under 19 U.S.C. 1520(d) 

and subpart D of part 181. Since the 

statutory authority for this regulation, 

19 U.S.C. 1505, allows for interest on 

excess moneys to accrue for claims 

made under 19 U.S.C. 1520(d), CBP is 

removing the specific reference to 

subpart D of part 181. The addition of 

the cross-reference to subpart D of part 

181, which contains the NAFTA postimportation claim provisions, 

unintentionally limited § 24.36 to apply 

only to NAFTA post-importation claims 

when 19 U.S.C. 1505 allows for interest 

on refunds on 19 U.S.C. 1520(d) claims. 

C. Part 123 

Section 123.0 

Part 123 contains the special 

regulations pertaining to CBP 

procedures at the Canadian and 

Mexican borders including provisions 

governing reports of arrival, 

manifesting, unlading and lading, 

instruments of international traffic, 

shipments in transit through Canada or 

Mexico, commercial traveler’s samples 

transiting the United States or Canada, 

baggage arriving from Canada or 

Mexico, and electronic information for 

rail and truck cargo in advance of 

arrival. Section 123.0 sets forth the 

scope of part 123 and provides the 

relevant cross-references to the other 

applicable parts of title 19 of the CFR 

that address CBP procedures for 


KHAMMOND on DSK9W7S144PROD with RULES5
6466 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

Canadian and Mexican goods. 

Accordingly, CBP is revising § 123.0 to 

add the applicable cross-reference to the 

USMCA regulations in part 182. 

D. Part 163 

Part 163, Recordkeeping, sets forth the 

recordkeeping requirements and 

procedures governing the maintenance, 

production, inspection, and 

examination of records. Pursuant to 

section 508 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1508(a)), any 

owner, importer, consignee, importer of 

record, entry filer, or other party who 

imports merchandise into the customs 

territory of the United States, files a 

drawback claim, transports or stores 

merchandise carried or held under 

bond, or knowingly causes the 

importation or transportation or storage 

of merchandise carried or held under 

bond into or from the customs territory 

of the United States, or an agent of any 

of these parties, or a person whose 

activities require the filing of a 

declaration or entry or both, must make, 

keep, and render for examination and 

inspection certain records. The USMCA 

recordkeeping requirements are set forth 

in USMCA Article 5.8 and the Uniform 

Regulations regarding Origin 

Procedures. USMCA Article 5.8.1 

provides the types of records that 

importers must maintain and the 

retention periods while Article 5.8.2 

includes a list of records applicable 

exporters and producers must maintain 

and the retention periods. To implement 

these USMCA recordkeeping 

requirements, section 206 of the 

USMCA Implementation Act amended 

19 U.S.C. 1508(b) and (e)(1) to add the 

recordkeeping requirements and penalty 

provisions that apply to USMCA exports 

and imports. 

CBP is amending part 163, as 

applicable, to include these 

recordkeeping requirements. Also, as 

noted in the scope of part 163, § 163.0, 

which was previously amended in a 

prior rulemaking, additional provisions 

concerning records maintenance and 

examination applicable to U.S. 

importers, exporters, and producers 

under the USMCA are contained in part 

182. If the importer, exporter, or 

producer who is required to maintain 

records pursuant to parts 163 and 182 

does not maintain, or denies access to, 

the records or documentation required 

under 19 U.S.C. 1508, CBP may deny 

USMCA preferential tariff treatment. 

Failure to comply with these 

recordkeeping requirements by U.S. 

importers, exporters, or producers may 

result in the imposition of penalties 

under 19 U.S.C. 1508(e)(1). 

1. Exporter and Producer Recordkeeping 

Responsibilities 

In accordance with 19 U.S.C. 1508(a), 

the part 163 recordkeeping provisions 

generally do not apply to exporters and 

producers, with a few notable 

exceptions. These exceptions are set 

forth in § 163.2(c) and include 

applicable NAFTA exporters and 

USMCA exporters and producers. CBP, 

in a prior rulemaking, amended 

§ 163.2(c)(2) to add USMCA exporters 

and producers who complete a 

certification of origin, or USMCA 

producers who provide a written 

representation, for a good exported from 

the United States to Canada or Mexico, 

to the list of persons required to 

maintain records in accordance with 

part 163. Accordingly, U.S. USMCA 

exporters and producers must maintain 

the required records pursuant to the 

requisite retention periods in part 163 

and in the prescribed format as 

described in § 163.5. An exporter or 

producer who completes a certification 

of origin or a producer that provides a 

written representation must maintain all 

records necessary to demonstrate that 

the good is originating, including the 

records specified in USMCA Article 

5.8.2(a), (b), and (c), for five years after 

the date on which the certification of 

origin was completed. See also 19 

U.S.C. 1508(b)(2). To implement this 

USMCA requirement, CBP, in a prior 

rulemaking, added 19 CFR 182.21(c) 

requiring U.S. exporters or producers 

exporting from the United States to 

Canada or Mexico to maintain these 

records. 

Additionally, in accordance with 19 

U.S.C. 1508(b), CBP has promulgated 

recordkeeping requirements on foreign 

exporters and producers whose goods 

are imported into the United States 

under the USMCA. It is important to 

note that these requirements are set 

forth in 19 CFR part 182, not part 163, 

because the requirements are imposed 

on foreign exporters and producers 

whose goods are imported into the 

United States, and not on the U.S. 

exporters and producers covered by part 

163. See 19 CFR 163.2(c)(2). These 

additional provisions concerning 

records maintenance and examination 

applicable to exporters and producers 

under the USMCA include 19 CFR 

182.73(a)(2) and 182.74(c), which 

require exporters and producers subject 

to a verification to make the records 

available for inspection by a CBP official 

during the verification, 19 CFR part 182, 

subpart H, which requires that exporters 

and producers subject to a USMCA 

Article 6.6 site visit make certain 

records available, and 19 CFR part 182, 

subpart I, which establishes additional 

recordkeeping requirements for 

producers of covered vehicles whose 

vehicles are imported into the United 

States in accordance with 19 U.S.C. 

1508(b)(4)(B), including the requirement 

in § 182.103 for vehicle exporters and 

producers to maintain records. 

2. Importer Recordkeeping 

Responsibilities 

USMCA Article 5.8.1 requires that an 

importer making a claim for USMCA 

preferential tariff treatment maintain 

certain records for a period of no less 

than five years from the date of 

importation of the good. In accordance 

with USMCA Article 5.8.1, 19 U.S.C. 

1508(b)(4)(A) requires that any importer 

who claims preferential tariff treatment 

under the USMCA for a good imported 

into the United States must make, keep, 

and, pursuant to the regulations 

prescribed by the Secretary of the 

Treasury and the Secretary of Labor, 

render for examination and inspection: 

the records and supporting 

documentation related to the 

importation; all records and supporting 

documents related to the origin of the 

good, if the importer completed the 

certification of origin; and records and 

supporting documents related to 

transshipment. 

To implement this USMCA 

requirement, CBP, in a prior 

rulemaking, added these importer 

recordkeeping requirements to 19 CFR 

182.15. CBP also added 19 CFR 

182.73(a)(2), which requires importers 

subject to a verification to make the 

records available for inspection by a 

CBP official during the verification. 

Importers making a claim for USMCA 

preferential tariff treatment for covered 

vehicles imported into the United States 

must meet the additional recordkeeping 

requirements set forth in subpart I of 

part 182, as described in more detail in 

section III.F., Subpart I—Automotive 

Goods, of this IFR, and must maintain 

any records related to the high-wage 

component of the LVC requirement as 

required by DOL pursuant to 29 CFR 

part 810. In accordance with 19 U.S.C. 

1508(b)(4)(A)(ii), CBP’s additional 

recordkeeping responsibilities for 

importers of covered vehicles are 

dependent on whether the importer 

completed the certification of origin. 

Specifically, as provided in § 182.104, 

importers who complete the 

certification of origin must maintain the 

vehicle certifications and all the records 

and supporting documents related to 

whether the covered vehicle is 

originating under the LVC, steel 

purchasing, and aluminum purchasing 

requirements while an importer who 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6467 

claims USMCA preferential tariff 

treatment for a covered vehicle based on 

a certification of origin completed by 

the exporter or producer must only 

maintain the records and supporting 

documents related to the vehicle 

certifications that are in the importer’s 

possession. 

CBP is amending part 163, as 

described below, to implement the 

recordkeeping requirements contained 

in 19 U.S.C. 1508(b)(4)(A), USMCA 

Article 5.8, the Uniform Regulations 

regarding Origin Procedures, and 19 

CFR part 182. 

a. Section 163.1 

Pursuant to § 163.2(a), all importers 

must maintain, produce, and make the 

records available for inspection and 

examination as required under part 163. 

Section 163.1(a)(1) defines the terms 

‘‘records,’’ for purposes of part 163, as 

any information made or normally kept 

in the ordinary course of business that 

pertains to any activity listed in 

§ 163.1(a)(2). The term ‘‘records’’ 

includes any information required for 

the entry of merchandise (the (a)(1)(A) 

list) and other information pertaining to, 

or from which is derived, any 

information element set forth in a 

collection of information required by 

the Tariff Act of 1930, as amended, in 

connection with any activity listed in 

§ 163.1(a)(2). Thus, CBP is amending 

§ 163.1(a)(2) to redesignate paragraph 

(xviii) as (xix) and add a new paragraph 

(xviii) to include USMCA records in the 

list of activities. Specifically, the new 

paragraph (xviii) will provide for the 

maintenance of any documentation in 

support of a claim for preferential tariff 

treatment under the USMCA pursuant 

to part 182, including the certification of 

origin. These records must be 

maintained by the importer pursuant to 

§ 163.2(a) and the U.S. exporter or 

producer pursuant to § 163.2(c)(2). 

Vehicle certifications are not specified 

in § 163.1(a)(2)(xviii) because, as 

explained above, the importer is not 

required to maintain the vehicle 

certifications and supporting 

documentation in all instances. Instead, 

the specific requirements for importers 

of covered vehicles are addressed by 

adding 19 CFR 182.104. 

b. Section 163.7 

Section 163.7 describes the parties to 

whom CBP may issue a summons to 

appear and produce records or to give 

relevant testimony under oath or both, 

during the course of an investigation, 

audit, or other inquiry. This includes, 

among others, importers and any person 

who exported merchandise or 

knowingly caused merchandise to be 

exported to a NAFTA country. CBP is 

revising § 163.7(a)(2) to add any person 

who exported merchandise, or 

knowingly caused merchandise to be 

exported, to a USMCA country. 

c. Appendix to Part 163—Interim 

(a)(1)(A) List 

Section 509(a)(1)(A) of the Tariff Act 

of 1930, as amended by title VI of Public 

Law 103–182, commonly referred to as 

the Customs Modernization Act (19 

U.S.C. 1509(a)(1)(A)), requires the 

production of records, within a 

reasonable time after demand by CBP if 

such record is required by law or 

regulation for the entry of the 

merchandise, whether or not CBP 

required its presentation at the time of 

entry. Pursuant to 19 U.S.C. 1509(e), 

CBP is required to identify and publish 

a list of the records and entry 

information that is required to be 

maintained and produced under 

subsection (a)(1)(A) of section 509 (19 

U.S.C. 1509(a)(1)(A)). This list is 

commonly referred to as ‘‘the (a)(1)(A) 

list.’’ CBP is amending section IV of the 

appendix to part 163 (the (a)(1)(A) list) 

to add the USMCA documents to the list 

of records or information required for 

the entry of merchandise. Accordingly, 

CBP is adding a reference to 19 CFR 

182.13, which sets forth the USMCA 

importer’s obligations, to the (a)(1)(A) 

list to indicate that USMCA records that 

the importer may have in support of a 

USMCA claim for preferential tariff 

treatment, including the certification of 

origin, are required entry documents. 

Vehicle certifications are not included 

in the (a)(1)(A) list because, as 

explained above, the importer is not 

required to maintain the vehicle 

certifications and supporting 

documentation in all instances. CBP is 

also revising the § 10.307 listing in the 

(a)(1)(A) list to clarify that the United 

States-Canada Free Trade Agreement 

(CFTA) provisions continue to be 

suspended while USMCA remains in 

effect. 

E. Part 174 

Part 174, Protests, sets forth the 

general protest procedures pursuant to 

19 U.S.C. 1514 for the administrative 

review of decisions of the port director 

and Center director. This part contains 

the requirements for the filing of 

protests, amendments of protests, 

review of protests, requests for 

accelerated disposition, and provisions 

dealing with further administrative 

review. Pursuant to 19 U.S.C. 1514(c)(3), 

a protest of a decision must be filed 

with CBP within 180 days after the date 

of liquidation or reliquidation, or if such 

a date is inapplicable, the date of the 

decision as to which protest is made. 

In extending the protest rights under 

part 174 to USMCA importers and 

qualifying exporters or producers, CBP 

is fulfilling its USMCA commitments 

under Articles 5.15.1 and 7.15. Article 

5.15.1 of the USMCA requires each 

USMCA country to grant substantially 

the same rights of review and appeal for 

determinations of origin to exporters 

and producers who completed a 

certification of origin as are granted to 

importers in its territory. Accordingly, 

an importer, or a qualified exporter or 

producer, may file a protest to contest 

a denial of USMCA preferential tariff 

treatment of a claim made at entry or a 

denial of a USMCA post-importation 

claim. Pursuant to 19 CFR 174.21, the 

Center director generally must review 

and act on a protest within two years 

from the date the protest was filed. If the 

protest is allowed in whole or in part, 

the goods will be eligible for USMCA 

preferential tariff treatment and CBP 

will refund the duties in accordance 

with § 174.29. 

Article 7.15 of the USMCA addresses 

the review and appeal of customs 

determinations. Article 7.15 provides, in 

part, that the USMCA country must 

provide the protesting party its decision 

in the review or appeal in writing and 

include the reasons for the decision. 

Article 7.15 also requires that each 

USMCA country ensure that any person 

to whom a customs administration 

issues a determination has access to an 

administrative appeal or review by an 

administrative authority higher than or 

independent of the employee or office 

that issued the determination, and 

access to a quasi-judicial or judicial 

review or appeal made at the final level 

of administrative review. In accordance 

with Article 7.15, if the protest is 

denied, CBP will issue a notice of denial 

of a protest to any person filing a protest 

or his/her agent, with the exception of 

those in which accelerated disposition 

was requested and no action has been 

taken within 30 days. The notice of 

denial will include a statement of the 

reasons for the denial and a statement 

informing the protesting party of the 

right to file a civil action contesting the 

denial of the protest under 19 U.S.C. 

1514. See 19 CFR 174.30. Any person 

whose protest has been denied, in 

whole or in part, may contest the denial 

by filing a civil action with the United 

States Court of International Trade in 

accordance with 28 U.S.C. 2632. See 19 

CFR 174.31. 

1. Section 174.12 

Section 174.12 sets forth the 

procedures for filing a protest. 


KHAMMOND on DSK9W7S144PROD with RULES5
6468 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

Specifically, paragraph (a) states who 

may file a protest, including the 

importer, consignee, or their surety, any 

person paying or receiving a refund of 

any charge or exaction, any person 

seeking entry or delivery, any person 

filing for drawback, and any of these 

persons’ authorized agents. USMCA 

Article 5.15.1 requires each USMCA 

country to grant substantially the same 

rights of review and appeal of 

determinations of origin to USMCA 

exporters and producers, who have 

completed a certification of origin for a 

good that is the subject of the 

determination of origin, as it provides to 

its importers. 

Pursuant to 19 U.S.C. 1514(c)(2)(E), 

any USMCA exporter or producer of 

merchandise subject to a determination 

of origin as provided for under 19 U.S.C. 

4531 may file a protest, if the exporter 

or producer completed and signed the 

certification of origin. Accordingly, CBP 

is amending § 174.12 by redesignating 

paragraph (a)(6) as paragraph (a)(7) and 

by adding a new paragraph (a)(6) stating 

that, with respect to a determination of 

origin under subpart G of part 182, any 

exporter or producer of the merchandise 

subject to the determination, who 

completed and signed the USMCA 

certification of origin, may file a protest. 

CBP is also amending the redesignated 

paragraph (a)(7) to allow any authorized 

agent of the exporter or producer 

described in paragraph (a)(6) to file a 

protest on their behalf, subject to the 

provisions of § 174.3. 

While CBP will issue a determination 

of origin to USMCA exporters and 

producers of textile or apparel goods 

subject to TPLs, as explained in more 

detail in section III.F., Subpart H-Textile 

and Apparel Goods, of this IFR, as 

required under § 182.75(b), these 

exporters and producers may not file a 

protest of this determination of origin 

under part 174, unless the exporter or 

producer is also acting as the importer 

of record. As explained above, pursuant 

to 19 U.S.C. 1514(c)(2)(E), any USMCA 

exporter or producer of merchandise 

subject to a determination of origin as 

provided for under 19 U.S.C. 4531 may 

file a protest if the exporter or producer 

completed and signed the certification 

of origin. Since goods subject to TPLs 

are not originating goods, the 

certification of origin requirement does 

not apply to textile or apparel goods 

subject to a TPL claiming USMCA 

preferential tariff treatment. 

Accordingly, CBP has no statutory 

authority to allow these exporters or 

producers to file a protest under part 

174. 

Additionally, it is important to note 

that while USMCA exporters and 

producers may, to the extent described 

above, file a protest of a determination 

of origin, USMCA exporters and 

producers may not file a protest of a 

marking determination under the 

USMCA, unless the exporter or 

producer is also acting as the importer 

of record. As noted in the scope of part 

174 (19 CFR 174.0), Canadian and 

Mexican exporters and producers 

seeking administrative review and 

appeal of adverse marking decisions 

under NAFTA had the right to appeal 

and such rights were set forth in part 

181. These specific rights of review and 

appeal for marking determinations were 

explicitly contained in Article 510 of 

NAFTA. However, the USMCA does not 

provide any such rights. Section 209 of 

the USMCA Implementation Act struck 

the language from subsection (k) of 

section 304 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1304(k)), that 

provided these specific petition rights, 

such as adverse marking decisions, for 

NAFTA exporters and producers. Thus, 

these specific rights and procedures are 

not provided for under the USMCA or 

the USMCA Implementation Act, or the 

relevant statutory or regulatory 

authority for protests in 19 U.S.C. 1514 

and 19 CFR part 174. Accordingly, 

Canadian and Mexican exporters and 

producers may not request 

administrative review of and appeal of 

marking decisions under the USMCA. 

2. Section 174.13 

Section 174.13 sets forth the required 

contents of a protest. Paragraph (a)(9) 

currently requires the protestant to 

include a declaration as to whether the 

entry is the subject of drawback, or 

whether the entry has been referenced 

on a certificate of delivery or certificate 

of manufacture and delivery so as to 

enable a party to make such entry the 

subject of drawback. CBP is revising 

§ 174.13(a)(9) to remove the references 

to the certificate of delivery and the 

certificate of manufacture and delivery 

because these certificates were 

eliminated by the Trade Facilitation and 

Trade Enforcement Act of 2015 (TFTEA) 

(Pub. L. 114–125, 130 Stat. 122, 

February 24, 2016). Accordingly, 

paragraph (a)(9) will only require a 

declaration as to whether the entry is 

the subject of drawback or if there is the 

ability for a party to make such entry the 

subject of drawback. CBP is also 

updating the list of cross-references in 

§ 174.13(a)(9) to include the USMCA 

drawback provision, § 182.50, and the 

relevant part 190, Modernized 

Drawback, provision, § 190.81. 

3. Section 174.15 

Section 174.15 provides for the 

consolidation of separate protests 

relating to the same category of 

merchandise covered by an entry filed 

by different parties. Pursuant to 19 

U.S.C. 1514(c)(1), only one protest may 

be filed for each entry of merchandise, 

except that where the entry covers 

merchandise of different categories, a 

separate protest may be filed for each 

category. Separate protests filed by 

different parties with respect to any one 

category of merchandise or with respect 

to a USMCA determination of origin 

under 19 U.S.C. 4531 are deemed to be 

part of a single protest. See 19 U.S.C. 

1514(c)(1). Section 174.15(b) addresses 

the consolidation of multiple protests 

concerning a determination of origin for 

NAFTA transactions, if a NAFTA 

exporter or producer files one of the 

protests. In accordance with 19 U.S.C. 

1514(c)(1), CBP is revising § 174.15(b) to 

include determinations of origin for 

USMCA transactions, if a USMCA 

exporter or producer described in 

§ 174.12(a)(6) files one of the protests. 

Paragraph (b)(1) of § 174.15 covers 

USMCA transactions where all the 

interested parties who filed protests 

specifically submit written requests for 

consolidation. In these instances, all the 

interested parties are deemed to have 

waived their rights to confidentiality 

under § 182.2. Paragraph (b)(2) covers 

USMCA transactions where no such 

written requests for consolidation are 

submitted. In these instances, the 

interested parties are not deemed to 

have waived their rights to 

confidentiality under § 182.2. A separate 

notice of the decision will be issued to 

each interested party and must adhere 

to the USMCA confidentiality 

provisions set forth in § 182.2. 

4. Section 174.22 

Pursuant to 19 U.S.C. 1515(a), unless 

a request for an accelerated disposition 

of a protest is filed, CBP must review 

the protest and allow or deny the protest 

in whole or in part within two years 

from the date the protest is filed. 

Subsection (b) of 19 U.S.C. 1515 allows 

for a request for accelerated disposition 

of a protest to be submitted to CBP at 

any time concurrent with or following 

the filing of the protest, in accordance 

with 19 U.S.C. 1514. Section 174.22 of 

title 19 of the CFR sets forth the 

procedure for filing a request for an 

accelerated disposition of a protest. 

Section 202A(e)(6)(A) of the USMCA 

Implementation Act (19 U.S.C. 

4532(e)(6)(A)) provides that when a 

protest of a decision regarding the 

eligibility for USMCA preferential tariff 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6469 

treatment of a covered vehicle relates to 

DOL’s analysis of the high-wage 

components of the LVC requirement, the 

Secretary of Labor will conduct an 

administrative review of the portion of 

the decision relating to such 

requirements and provide the results of 

that review to the CBP Commissioner. 

The DOL regulations at 29 CFR part 810 

contain the administrative review 

procedures of DOL’s initial analysis 

when notified by CBP of a protest 

involving DOL’s analysis of the highwage components of the LVC 

requirement. Pursuant to 29 CFR part 

810, DOL will strive to issue a decision 

within one year from the date that it 

receives the notice of protest from CBP 

and will provide a determination 

containing the results of the 

administrative review to CBP. 

Section 202A(e)(6)(B) of the USMCA 

Implementation Act (19 U.S.C. 

4532(e)(6)(B)) explicitly states that an 

importer may not request accelerated 

disposition under 19 U.S.C. 1515 of a 

protest against a decision related to the 

DOL’s analysis of the high-wage 

components for a covered vehicle’s LVC 

requirement. Accordingly, CBP is 

revising 19 CFR 174.22(a) to limit the 

availability of the accelerated 

disposition of a protest. CBP is adding 

a sentence to § 174.22(a) stating that the 

accelerated disposition of a protest is 

not available for protests involving 

eligibility for USMCA preferential tariff 

treatment of a covered vehicle if the 

protest relates to the DOL’s analysis of 

the high-wage components of the LVC 

requirement as described in 19 CFR part 

182, subpart I, and 29 CFR part 810. 

5. Section 174.29 

Section 174.29 provides the 

conditions under which CBP allows or 

denies protests and describes the 

process through which the Center 

director will remit or refund any duties, 

charge, or exaction found to be collected 

in excess if the protest is allowed. 

Specifically, § 174.29 states that if a 

protest filed by an exporter or producer 

related to a NAFTA determination of 

origin is allowed in whole or in part, 

any monies found to have been 

collected in excess shall be refunded to 

the party who paid the monies even if 

such party did not file an appropriate 

and timely protest. CBP is revising this 

language to add a cross-reference to 

§ 174.12(a)(6), which applies to protests 

filed by a qualified exporter or producer 

with respect to a USMCA determination 

of origin. 

F. Part 182 

Part 182, United States-MexicoCanada Agreement, implements the 

duty preference and related customs 

provisions applicable to goods imported 

under the USMCA. CBP is amending 

part 182 of title 19 of the CFR (19 CFR 

part 182) to promulgate additional 

remaining USMCA implementing 

regulations related to USMCA Chapters 

1, 2, 4, 5, and 6. Currently, part 182 

contains a significant portion of the 

USMCA implementing regulations and a 

framework for the remaining subparts. 

The existing part 182 substantive 

provisions include Subpart A (General 

Provisions), which contains the scope, 

general definitions, and confidentiality 

provisions, Subparts B (Import 

Requirements), C (Export 

Requirements), D (Post-Importation 

Duty Refund Claims), numerous 

substantive provisions related to 

drawback in subpart E (Restrictions on 

Drawback and Duty-Deferral Programs), 

F (Rules of origin), G (Origin 

Verifications and Determinations), J 

(Commercial Samples and Goods 

Returned after Repair or Alteration), K 

(Penalties), and Appendix A, which 

contains the Uniform Regulations 

regarding Rules of Origin, which were 

trilaterally agreed upon by the United 

States, Mexico, and Canada. 

This document amends part 182 to 

revise § 182.0 (Scope) and subpart G 

(Origin Verifications and 

Determinations), and to add general 

definitions in § 182.1, additional 

drawback and duty-deferral provisions 

in Subpart E (Restrictions on Drawback 

and Duty-Deferral Programs), and 

implementing regulations in subparts H 

(Textile and Apparel Goods) and I 

(Automotive Goods). 

Subpart A—General Provisions 

1. Scope 

Section 182.0 contains the scope of 

part 182. Part 182 implements the duty 

preference and related customs 

provisions applicable to imported and 

exported goods under the USMCA. 

While § 182.0 was added in a prior 

rulemaking, CBP is revising the section 

to provide the relevant cross-references 

to the other parts of the CBP regulations 

that apply to the USMCA. Accordingly, 

CBP is adding a new sentence to § 182.0 

to clarify that additional provisions 

applicable to the USMCA are contained 

in parts 10, 24, 163, 174, and 177 of title 

19 of the CFR. 

In addition to the CBP regulations in 

parts 10, 24, 163, and 174 that are being 

amended in this document, CBP is also 

including a cross-reference to part 177. 

Part 177, Administrative Rulings, allows 

CBP to issue rulings to importers and 

other interested parties. Applying the 

advance ruling requirements and 

procedures in part 177 of title 19 of the 

CFR (19 CFR part 177) to all advance 

rulings related to USMCA transactions 

fulfills CBP’s commitment under 

USMCA Article 7.5 requiring each 

USMCA country to issue written 

advance rulings, prior to the 

importation of a good into its territory, 

regarding the treatment the good will 

receive at the time of importation. While 

no amendments to part 177 are 

necessary to implement USMCA 

Articles 5.14 and 7.5, CBP is including 

the cross-reference to part 177 in § 182.0 

to clarify that part 177 applies to 

advance rulings related to USMCA 

transactions. CBP believes this 

clarification is needed since § 177.0 

specifically excludes advance rulings 

related to NAFTA transactions from the 

scope of part 177. CBP wishes to further 

clarify that while producers are not 

explicitly granted the right to request a 

ruling pursuant to § 177.1(c), CBP 

considers a Canadian or Mexican 

producer of a good imported into the 

United States under the USMCA, a 

Canadian or Mexican producer of a 

material that is used in the production 

of a good imported into the United 

States under the USMCA, and a 

Canadian or Mexican exporter of a 

material used in the production of a 

good under the USMCA to be persons 

with a direct and demonstrable interest 

who have the right to request a ruling 

pursuant to § 177.1(c), in accordance 

with USMCA Article 7.5.2. Please note 

that CBP publishes its advance rulings 

on the Customs Rulings Online Search 

System (CROSS), available on the 

publicly accessible website, https://

rulings.cbp.gov/home. 

2. Definitions 

Section 182.1 sets forth the general 

definitions applicable to part 182. 

Chapter 1 of the USMCA sets forth the 

general and country-specific definitions 

to be applied throughout the USMCA, 

unless otherwise noted. Since § 182.1 

contains the definitions of the common 

terms that are used in multiple places in 

part 182, it includes definitions from 19 

U.S.C. 4502, several Chapters of the 

USMCA, and the Uniform Regulations 

regarding Rules of Origin set forth in 

Appendix A to part 182. General 

definitions containing references to 

specific HTSUS subheadings, if these 

subheadings were trilaterally negotiated 

and agreed upon under the USMCA, 

contain additional language clarifying 

that the subheadings that apply are 

those HTSUS subheadings that were in 

effect on July 1, 2020, the date that the 

USMCA entered into force. Additional 

definitions that are not common terms 

throughout part 182 and are applicable 


KHAMMOND on DSK9W7S144PROD with RULES5
6470 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

only to the Uniform Regulations 

regarding Rules of Origin are set forth in 

Appendix A to part 182. 

Subpart E—Restrictions on Drawback 

and Duty-Deferral Programs 

Subpart E of part 182 (19 CFR 182.41– 

182.55) sets forth the provisions 

regarding drawback claims and dutydeferral programs, as provided for under 

Article 2.5 of the USMCA, and applies 

to any good that is a ‘‘good subject to 

USMCA drawback’’ within the meaning 

of 19 U.S.C. 4534. Drawback, as 

generally provided for in section 313 of 

the Tariff Act of 1930, as amended (19 

U.S.C. 1313), is the refund or remission, 

in whole or in part, of certain duties, 

taxes, and fees imposed and paid under 

Federal law upon entry or importation. 

Article 1.5 of the USMCA defines a 

‘‘duty deferral program’’ to include 

measures such as those governing 

foreign trade zones, temporary 

importations under bond, bonded 

warehouses, ‘‘maquiladoras,’’ and 

inward processing programs. 

The requirements and procedures set 

forth in subpart E for USMCA drawback 

are in addition to the general 

definitions, requirements, and 

procedures for drawback claims set 

forth in part 190 of title 19 of the CFR, 

unless otherwise specified. Further, the 

requirements and procedures of subpart 

E are also in addition to those for 

manipulation, manufacturing, and 

smelting and refining warehouses 

contained in parts 19 and 144, for FTZs 

under part 146, and for temporary 

importations under bond in part 10. 

CBP previously promulgated a 

significant portion of the USMCA 

implementing regulations for drawback 

and duty-deferral programs in subpart E 

of part 182 of title 19 of the CFR. 

Sections 182.41, 182.46, 182.49, 182.51, 

182.52, and 182.54 in subpart E are 

unchanged from the prior rulemaking. 

In this document, CBP is revising 

§ 182.42(c) to provide clarification 

regarding the USMCA requirements. 

The other specific regulatory 

amendments provided for in this 

document are, for the most part, the 

result of subsequent policy 

determinations and supplement the 

provisions in subpart E that were added 

in the prior rulemaking. Accordingly, 

CBP is also revising §§ 182.43, 

182.45(c), 182.47, as appropriate, 

revising § 182.50(b), which was reserved 

in the prior rulemaking, and adding a 

new § 182.44(h) and (i). CBP is also 

adding §§ 182.48, Person entitled to 

receive drawback, and 182.53, 

Collection and waiver or reduction of 

duty under duty-deferral programs, to 

subpart E, which were not previously 

reserved in the prior rulemaking. 

Sections 182.48 and 182.53 generally 

follow the corresponding regulation in 

part 181, with some conforming and 

nomenclature changes made. However, 

with respect to the FTZ provisions in 

§ 182.53, it should be noted that the 

USMCA Implementation Act did not 

include an exception to the rules of 

origin for goods produced in an FTZ, 

which was included for NAFTA in 

section 202 of the NAFTA 

Implementation Act and prevented a 

claim of U.S. origin on non-originating 

materials used in the production of a 

good when those goods are produced in 

an FTZ. This exception was enacted in 

subsequent legislation, the 

Appropriations Act, which was 

retroactive to July 1, 2020. Section 

601(b) of Title VI of the Appropriations 

Act amended section 202 of the USMCA 

Implementation Act (19 U.S.C. 

4531(c)(3)) to prohibit, under USMCA, 

producers from using non-originating 

materials in an FTZ manufacturing to 

claim U.S. origin. 

Finally, CBP is adding a new section 

to subpart E, which was also not 

previously reserved in the prior 

rulemaking and for which there is no 

corresponding regulation in part 181. 

Section 182.55, Goods exported from 

duty-deferral programs that are not 

subject to USMCA drawback within the 

meaning of 19 U.S.C. 4534, is being 

added to subpart E to provide clarity 

regarding the timing of claims for when 

the importer or its agent is claiming that 

a good is not subject to USMCA 

drawback within the meaning of 19 

U.S.C. 4534. 

Subpart G—Origin Verifications and 

Determinations 

Subpart G of part 182 (19 CFR 182.71– 

182.76) contains the general USMCA 

verification and determination of origin 

provisions. These regulations were 

promulgated during a prior rulemaking. 

CBP is amending certain sections of 

subpart G in this document to add the 

relevant cross-references for textile and 

apparel goods and for automotive goods. 

Section 182.71 contains the 

applicability provision for subpart G. 

CBP is adding two sentences to § 182.71 

to clarify that there are additional 

verification requirements and 

procedures applicable to automotive 

goods in subpart I and alternative 

verification means and procedures for 

textile and apparel goods in § 182.83 of 

subpart H. 

Section 182.75 sets forth the 

determination of origin provisions. 

Specifically, § 182.75(c) contains the 

provisions that apply to negative 

determinations of origin when CBP 

intends to deny USMCA preferential 

tariff treatment. Paragraph (c)(2) 

contains the reasons that CBP may deny 

USMCA preferential tariff treatment as 

set forth in USMCA Article 5.10.2. CBP 

is amending § 182.75(c)(2) to reflect the 

application of the USMCA Article 5.10.2 

reasons for denial related to textile and 

apparel goods and automotive goods to 

ensure that paragraph (c)(2) contains a 

comprehensive list of the reasons for 

denial with the appropriate crossreferences. 

Section 182.75(c)(4) describes when 

CBP will issue a negative determination 

of origin and the determination of origin 

contents. Currently, § 182.75(c)(4) states 

that, in addition to the contents of the 

determination of origin set forth in 

§ 182.75(a), unless CBP determines that 

there is a pattern of conduct of false or 

unsupported representations pursuant 

to § 182.76, a negative determination of 

origin will provide the exporter or 

producer with the information 

necessary to file a protest as provided 

for in 19 U.S.C. 1514(e) and part 174. 

CBP is revising § 182.75(c)(4) to remove 

the language ‘‘unless CBP determines 

that a pattern of conduct of false or 

unsupported representations pursuant 

to § 182.76’’ to fulfill our commitment to 

USMCA Article 7.15. As stated above, 

Article 7.15 of the USMCA addresses 

the review and appeal of customs 

determinations. Article 7.15.2 provides, 

in part, that the USMCA country must 

provide each person to whom it issues 

an administrative determination with 

access to information on how to request 

reviews and appeals. Thus, to fulfill this 

USMCA commitment, CBP must 

provide all exporters and producers, 

who are issued a negative determination 

of origin, with the information 

necessary to file a protest. In practice, 

CBP has already been providing all 

importers, exporters, and producers 

issued a negative determination of 

origin with this information necessary 

to file a protest since the USMCA 

entered into force. 

It is important to note that, as 

discussed above, while CBP will issue a 

determination of origin to USMCA 

exporters and producers of textile or 

apparel goods subject to TPLs as 

required under § 182.75(b), these 

exporters and producers may not file a 

protest of this determination of origin 

under part 174, in accordance with 19 

U.S.C. 1514(c)(2)(E), unless the exporter 

or producer is also acting as the 

importer of record. Accordingly, since 

19 U.S.C. 1514(e) only authorizes CBP 

to disclose the entry information 

necessary to file a protest to the 

exporters or producers referred to in 19 

U.S.C. 1514(c)(2)(E), CBP will not 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6471 

provide exporters or producers of textile 

or apparel goods subject to TPLs with 

the information necessary to file a 

protest when issuing a negative 

determination under § 182.75(c)(4). 

Subpart H—Textile and Apparel Goods 

Subpart H of part 182 (19 CFR 

182.81–182.83) contains the USMCA 

textile and apparel good provisions, as 

provided for in USMCA Chapter 6, 

including the TPL provisions and the 

site visit provisions. The applicable 

definitions, including the definition of a 

textile or apparel good, are set forth in 

§ 182.1, which is the general definitions 

section of part 182. 

1. Tariff Preference Level 

A TPL is defined in § 182.1 to mean 

a quantitative limit for certain nonoriginating textile or apparel goods that 

may be entitled to preferential tariff 

treatment based on the goods meeting 

the requirements set forth in § 182.82. 

Section 182.82, Claim for preferential 

tariff treatment under tariff preference 

level, contains the TPL requirements 

and procedures. These regulations are in 

accordance with USMCA Annex 6–A, 

which as explained in detail above in 

Section II.B. of this IFR, governs the 

USMCA preferential tariff treatment of 

eligible non-originating textile or 

apparel goods subject to a TPL. As these 

goods are non-originating, the rules of 

origin set forth in General Note 11, 

HTSUS, and Appendix A to part 182 do 

not apply. 

While a claim for USMCA preferential 

tariff treatment is typically made 

pursuant to § 182.11(b), a claim for 

preferential tariff treatment for textile or 

apparel goods subject to a TPL is made 

pursuant to § 182.82. Paragraph (a) of 

§ 182.82, Basis of claim, sets forth the 

requirements that must be met for an 

importer to make a claim for USMCA 

preferential tariff treatment, including 

an exemption from the merchandise 

processing fee, for textile or apparel 

goods subject to a TPL, including that 

the goods be eligible for a TPL claim, 

that the annual quantitative limit has 

not been reached for the subject TPL, 

and that the claim is based on a 

certificate of eligibility. Paragraph (b), 

Goods eligible for TPL claims, lists the 

specific types of textile or apparel goods 

that are eligible for TPLs. These eligible 

goods and the quantitative limits that 

are eligible for TPLs are contained in 

U.S. Note 11, Subchapter XXIII, Chapter 

98, HTSUS. Paragraph (c), Making a TPL 

claim, provides the procedure that an 

importer must follow to properly file a 

claim for USMCA preferential tariff 

treatment. A TPL claim must be filed as 

an entry type ‘‘02’’ as it is subject to 

quantitative restraints. 

As a TPL claim is for non-originating 

textile or apparel goods, an importer 

who makes a claim for preferential tariff 

treatment, pursuant to § 182.82(c), is not 

required to submit a certification of 

origin, as otherwise required under 

§ 182.12. Instead, an importer who 

makes a claim for preferential tariff 

treatment subject to a TPL, pursuant to 

§ 182.82(c), must submit, at the request 

of CBP, a certificate of eligibility issued 

by an authorized official of the 

government of Mexico or Canada. The 

number assigned to the certificate of 

eligibility is required to be submitted to 

CBP when the TPL claim is filed in 

accordance with the procedures in 

paragraph (c). Paragraph (d), Certificate 

of eligibility, sets forth the requirements 

and procedures for submitting the 

certificate of eligibility. 

Pursuant to USMCA Annex 6–A, 

Section C, an importer may make a 

claim for preferential tariff treatment of 

a good under a TPL at least one year 

after the good is imported, if the annual 

quantitative limit has not been reached 

and the other TPL requirements are met. 

While post-importation claims for 

USMCA preferential tariff treatment are 

otherwise filed in accordance with 19 

U.S.C. 1520(d) and subpart D of part 

182, post-importation claims for 

preferential tariff treatment for textile or 

apparel goods subject to a TPL are not. 

Under 19 U.S.C. 1520(d), CBP may 

reliquidate an entry to refund any 

excess duties paid at importation on a 

good qualifying for preferential tariff 

treatment under the rules of origin for 

certain enumerated trade agreements for 

which a claim for preferential tariff 

treatment was not filed at importation. 

Since goods that qualify for preferential 

tariff treatment subject to a TPL do not 

qualify as originating under the rules of 

origin, there is no statutory authority to 

apply 19 U.S.C. 1520(d) to these claims. 

Accordingly, paragraph (e), Postimportation claims, sets forth the right 

to make a post-importation claim for 

preferential tariff treatment within one 

year after the date of importation of the 

good pursuant to the filing procedures 

created for these post-importation 

claims in paragraph (e)(2). The postimportation claim must be filed with a 

certificate of eligibility dated the same 

calendar year that the textile or apparel 

goods were imported. Post-importation 

claims will not be granted if the 

quantitative limits for the subject TPL 

for the year the entry summary, or 

equivalent documentation, is accepted 

by CBP, have already been reached. 

An importer making a TPL claim for 

USMCA preferential tariff treatment 

under § 182.82(c) must adhere to the 

recordkeeping requirements in § 182.15 

and part 163. Section 182.15, 

Maintenance of records, requires an 

importer claiming USMCA preferential 

tariff treatment to maintain all records 

and documents that demonstrate that 

the good qualifies for preferential tariff 

treatment, for a minimum of five years 

from the date of importation of the good. 

For a TPL claim, these records and 

documents would include a copy of the 

certificate of eligibility. 

Paragraph (f), Denial of preferential 

tariff treatment, sets forth the 

circumstances when CBP may deny 

preferential tariff treatment that are only 

applicable to TPLs. Additional reasons 

CBP may deny preference are set forth 

in § 182.75(c)(2). Paragraph (g), 

Verifications, notes that CBP will 

conduct verifications of goods subject to 

TPLs using the same verification means 

and procedures that CBP has the 

discretion to utilize for all textile and 

apparel goods. Specifically, CBP has the 

discretion to choose to conduct a 

verification of textile or apparel goods 

subject to TPLs pursuant to either the 

general verification means and 

procedures set forth in part 182, subpart 

G, or pursuant to the site visit 

procedures in § 182.83 of subpart H. 

2. Textile and Apparel Goods 

Verification Procedures 

Section 182.83, Verifications of textile 

and apparel goods, contains the 

requirements and procedures for a 

textile or apparel good verification 

conducted pursuant to a USMCA Article 

6.6 site visit. As described in more 

detail above in Section II.B. of this IFR, 

for textile and apparel goods, CBP has 

two alternative means of conducting a 

verification. CBP may conduct a 

verification for purposes of determining 

whether a textile and apparel good 

qualifies for preferential tariff treatment 

using the USMCA Article 5.9 general 

verification means described in 

§ 182.72(a) and the procedures set forth 

in subpart G of part 182. Alternatively, 

as described in § 182.83(a), CBP may 

conduct a site visit to the premises of 

the exporter or producer of textile or 

apparel goods in Mexico or Canada for 

the purpose of determining that a textile 

or apparel good qualifies for preferential 

tariff treatment or that customs offenses 

with regard to a textile or apparel good 

are occurring or have occurred. The 

term ‘‘customs offenses’’ is defined in 

§ 182.1, which provides the general 

definitions that are applicable to part 

182. Paragraph (b) of § 182.83, 

Verification of a material during a site 

visit, allows for the verification of a 

material, that is used in the production 


KHAMMOND on DSK9W7S144PROD with RULES5
6472 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

of a textile or apparel good, during a site 

visit. 

Paragraph (c), Site visit procedures, 

sets forth the site visit procedures 

applicable to the exporter or producer in 

Mexico or Canada whose premises CBP 

is going to visit during the site visit. 

Pursuant to USMCA Article 6.6, while 

CBP must notify the Canadian or 

Mexican customs administration of 

CBP’s intention to conduct the visit 

prior to conducting a site visit in 

Canada or Mexico, CBP is not required 

to notify the exporter or producer whose 

premises are going to be visited prior to 

conducting the site visit if doing so will 

undermine the effectiveness of the 

verification. Paragraph (c) provides the 

consent requirements for the site visit, 

what happens when the exporter, 

producer, or person having the capacity 

to consent on behalf of the exporter or 

producer is not able to receive CBP on 

the initial date of the site visit, and the 

records and facilities that CBP may 

request access to during the site visit. 

Paragraph (d), Right to request report 

of the site visit, provides the 

circumstances under which the exporter 

or producer may request that CBP send 

its relevant findings from the written 

report of the results of the site visit 

upon completion of the site visit. 

Paragraph (e), Denial of preferential 

tariff treatment, states the reasons that 

CBP may deny preferential tariff 

treatment to any textile or apparel good 

imported or produced by the person that 

is the subject of the verification. 

Paragraph (f), Intent to deny and 

determination of origin, states that, after 

CBP has completed a site visit pursuant 

to § 182.83, CBP will issue a 

determination of origin in accordance 

with the requirements and procedures 

set forth in § 182.75, with the exception 

of § 182.75(c)(1). CBP is extending the 

notification of the intent to deny to 

more parties than is required under 

USMCA Article 6.6.9. Specifically, in 

accordance with § 182.75(c)(3), CBP will 

send an intent to deny to the importer, 

and the exporter or producer who is 

subject to the verification and either 

completed the certification of origin or 

provided information directly to CBP 

during the verification, subject to the 

confidentiality provisions in § 182.2. By 

cross-referencing the procedures set 

forth in § 182.75 in subpart H, including 

the intent to deny, CBP is ensuring that 

consistent determination of origin 

procedures and notifications are applied 

to all textile and apparel good 

verifications regardless of whether CBP 

chooses to conduct the verification 

pursuant to the USMCA Article 5.9 

general verification procedures in 

subpart G or the site visit procedures in 

§ 182.83. Paragraph (g), Pattern of 

conduct for textile or apparel goods, 

provides that CBP may withhold 

preferential tariff treatment to identical 

textile or apparel goods imported or 

produced by an exporter or producer 

when CBP determines that a pattern of 

conduct of false or unsupported 

representations exists. 

Subpart I—Automotive Goods 

Subpart I of part 182 (19 CFR 182.91– 

182.107) contains the USMCA 

automotive good provisions, as 

provided for in USMCA Chapter 4 and 

the Uniform Regulations regarding 

Rules of Origin. The applicable 

definitions, including the definitions of 

automotive good, covered vehicle, 

passenger vehicle, light truck, and 

heavy truck, are set forth in § 182.1, 

which is the general definitions section 

of part 182. Subpart I of part 182 applies 

to all automotive goods, including new 

and used covered vehicles, entered for 

consumption, or withdrawn from 

warehouse for consumption, on or after 

July 1, 2020. As noted in the 

applicability section of subpart I, 

§ 182.91, covered vehicles claiming 

USMCA preferential tariff treatment 

must also meet the applicable 

requirements and follow the applicable 

procedures contained throughout part 

182. 

An importer may only make a claim 

for USMCA preferential tariff treatment 

if the covered vehicle complies with the 

USMCA rules of origin, including the 

product-specific rules of origin, and the 

additional requirements and procedures 

set forth in subpart I. Section 182.92, 

Claim for preferential tariff treatment 

for covered vehicles, specifies additional 

requirements that a covered vehicle 

must meet to make a claim for USMCA 

preferential tariff treatment, including 

the LVC requirement in § 182.93, the 

steel purchasing and aluminum 

purchasing requirements in § 182.94, 

and certifications attesting that the 

vehicle producer has complied with the 

LVC, steel purchasing, and aluminum 

purchasing certification requirements 

under §§ 182.95, 182.96, and 182.97. 

When making a claim for preferential 

tariff treatment under § 182.11(b) or 

§ 182.32, an importer must also submit 

the unique identifier assigned by CBP 

for each of the LVC, steel purchasing, 

and aluminum purchasing certifications 

that form the basis for the covered 

vehicle’s eligibility for preferential tariff 

treatment. These unique identifiers 

provide CBP with the ability to link the 

importation of the covered vehicle to 

the specific vehicle certifications that 

form the basis for the covered vehicle’s 

eligibility for preferential tariff 

treatment and to demonstrate 

compliance with the vehicle 

certification requirements. 

1. LVC, Steel Purchasing, and 

Aluminum Purchasing Requirements 

and Certifications 

Sections 182.93, Labor value content 

(LVC) requirement, and 182.94, Steel 

purchasing and aluminum purchasing 

requirements, specify the requirements 

that must be met in General Note 11, 

HTSUS, and Appendix A to part 182, 

the applicable requirements if the 

producer is subject to an alternative 

staging regime, the calculation methods, 

and the choice of calculation periods. 

With respect to the LVC requirement, 

DOL is responsible for implementing 

and administering the high-wage 

components of the LVC requirement. 

The DOL regulations are contained in 29 

CFR part 810. The producer of a covered 

vehicle must use the rules set forth in 

the DOL regulations, including for highwage material and manufacturing 

expenditures, high-wage technology 

expenditures, and high-wage assembly 

expenditures, to properly calculate and 

determine the high-wage components of 

the LVC requirement. CBP determines 

whether a covered vehicle meets the 

LVC requirement generally based on an 

analysis of the high-wage components 

by DOL and CBP’s determination of the 

components of the LVC requirement not 

governed by DOL, including the 

valuation and other components of the 

LVC calculation. CBP has sole authority 

to determine whether a covered vehicle 

qualifies for USMCA preferential tariff 

treatment. 

Sections 182.95, Labor value content 

(LVC) certification, 182.96, Steel 

purchasing certification, and 182.97, 

Aluminum purchasing certification, 

contain the respective vehicle 

certification provisions. A covered 

vehicle is eligible for USMCA 

preferential tariff treatment only if the 

producer of the covered vehicle has 

certified to CBP that the production of 

the vehicle by the producer meets the 

LVC requirement, as described in 

§ 182.93, the steel purchasing 

requirement, as described in § 182.94, 

and the aluminum purchasing 

requirement, as described in § 182.94. 

Unless specifically exempt under an 

alternative staging regime, all three 

vehicle certifications must be submitted 

to CBP and considered properly filed for 

a covered vehicle to qualify for USMCA 

preferential tariff treatment. The 

producer of the covered vehicle must 

have information in its possession that 

proves the accuracy of the calculations 

relied on for the certifications. 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6473 

Paragraph (c) of §§ 182.95, 182.96, 

and 182.97 contains the data elements 

for each of the vehicle certifications. 

With respect to § 182.95(c)(1), CBP 

wishes to clarify that the alternative 

unique identification number of the 

producer’s choosing must be a publicly 

available identifier, such as the 

examples provided in § 182.95(c)(1) and 

may not be an identification number 

generated internally by the producer’s 

organization, such as a business partner 

ID or supplier code. 

CBP has added several data elements 

in §§ 182.95(c), 182.96(c), and 182.97(c), 

in addition to the list of data elements 

contained in the U.S. Implementing 

Instructions issued on June 30, 2020 

(and in the DOL regulations at 29 CFR 

part 810), for each of the vehicle 

certifications to ensure that CBP has all 

the information needed to establish that 

the producer meets the LVC, steel 

purchasing, and aluminum purchasing 

requirements. The data elements that 

have been added to the CBP regulations 

for the steel purchasing and aluminum 

purchasing certifications are: any 

Manufacturers Identification Code 

(MID), Federal Employer Identification 

Number (EIN), or Importer of Record 

number (IOR) associated with the 

producer; the vehicle category for which 

the steel or aluminum purchases are 

calculated, as specified in section 17(9) 

of Appendix A to part 182; and the 

name and address for each steel or 

aluminum producer, service center, or 

distributor relied upon in calculating 

the total value of purchases of steel or 

aluminum that qualify as originating 

goods and any MID, EIN, or IOR 

numbers associated with those entities. 

These enumerated data elements are 

necessary to clarify information in the 

certifications and consist of information 

that the certifier, who is completing the 

vehicle certification, must already have 

to certify compliance with the steel 

purchasing and aluminum purchasing 

requirements. CBP has also added LVC 

certification data elements to further 

align the LVC certification with the steel 

purchasing and aluminum purchasing 

requirements, to clarify information in 

the certification, and to collect 

information that the vehicle producer 

already has when making the 

underlying LVC calculation. The added 

LVC certification data elements are: the 

name, title, and contact information of 

the certifier (the person completing the 

LVC certification); the LVC calculation 

used to determine that the production of 

the covered vehicles meets the LVC 

requirement in General Note 11(k)(vi), 

HTSUS, 19 CFR 182.93(c), and 

Appendix A to part 182 including the 

resulting LVC percentage; and the 

authorized certifier’s signature, date 

signed, and certifying statement. An 

LVC certification submitted to CBP must 

include all the information in 

§ 182.95(c) and the DOL regulations at 

29 CFR part 810. 

Any vehicle certification submitted to 

CBP pursuant to § 182.95(f), 182.96(f), or 

182.97(f) on or after the delayed 

compliance date of May 19, 2025 must 

contain the full list of data elements in 

§ 182.95(c), 182.96(c), or 182.97(c) and 

the DOL regulations at 29 CFR part 810, 

with vehicle certifications for covered 

vehicles subject to an exemption or 

different requirements under an 

alternative staging regime required to 

comply with the requirements set forth 

in § 182.95(b), 182.96(b), or 182.97(b), 

and § 182.106(c). Revised vehicle 

certifications resubmitted to CBP under 

the procedures set forth in § 182.95(i), 

182.96(i), or 182.97(i), which were 

initially submitted to CBP prior to the 

IFR’s delayed compliance date, are not 

required to contain the full list of data 

elements. Furthermore, vehicle 

producers are not required to request a 

modification of a properly filed 

certification submitted prior to the IFR’s 

delayed compliance date, under 

§ 182.95(k), 182.96(k), or 182.97(k), 

solely due to the absence of the full list 

of data elements in § 182.95(c), 

182.96(c), or 182.97(c). However, any 

new, modified vehicle certification that 

the producer submits to CBP on or after 

the IFR’s delayed compliance date, 

pursuant to § 182.95(k), 182.96(k), or 

182.97(k), must include all the data 

elements in § 182.95(c), 182.96(c), or 

182.97(c) for the entirety of the 

certification period, with vehicle 

certifications for covered vehicles 

subject to an exemption or different 

requirements under an alternative 

staging regime required to comply with 

the requirements set forth in § 182.95(b), 

182.96(b), or 182.97(b) and § 182.106(c). 

Please see below for additional 

information regarding the resubmission 

and modification process. 

In order to grant the trade additional 

time to adjust its business practices to 

comply with the new USMCA 

automotive good requirements, CBP, in 

accordance with its USMCA Phase I 

Implementation Policy, allowed vehicle 

producers until December 31, 2020 to 

submit the required vehicle 

certifications needed to receive 

preferential tariff treatment beginning 

July 1, 2020. However, following this 

initial submission, the submission date 

for vehicle certifications is based on 

each producer’s chosen calculation 

period(s) under § 182.93(d) and (e) or 

§ 182.94(c) and (d). Pursuant to 

§§ 182.95(f), 182.96(f), and 182.97(f), for 

any vehicle certification submitted to 

CBP on or after the delayed compliance 

date of May 19, 2025, the producer of 

the covered vehicle must submit the 

LVC, steel purchasing, and aluminum 

purchasing certifications to CBP through 

an authorized electronic data 

interchange system or other specified 

means at least 90 days prior to the 

beginning of the certification period. 

Vehicle certifications submitted to CBP 

prior to the IFR’s delayed compliance 

date are not required to comply with the 

90-day submission requirement. The 

IFR’s delayed compliance date allows 

vehicle producers sufficient time to 

timely submit the vehicle certifications 

at least 90 days prior to the beginning 

of the certification period and to include 

the additional required data elements. 

It is important to note that the 

calculation period does not necessarily 

align with the certification period. The 

calculation period is the period over 

which the LVC requirement was 

calculated or the qualifying steel or 

aluminum purchases were made for a 

given vehicle category. In contrast, the 

certification period is the period over 

which the vehicle certification is 

effective for the vehicles produced (or 

exported, if applicable) within that 

period for a given vehicle category. 

Since the certification period 

determines which vehicles are eligible 

for USMCA preferential tariff treatment, 

the certification period is the relevant 

period for determining when the vehicle 

producer must submit the vehicle 

certification. Different certification 

periods are applicable depending on the 

calculation period that the vehicle 

producer selects to calculate the LVC, 

steel purchasing, and aluminum 

purchasing requirements for U.S. 

imports. The producer may select from 

several different calculation periods, 

such as the previous fiscal year of the 

producer, previous calendar year, and 

the other calculation periods set forth in 

§ 182.93(d) and (e) or § 182.94(c) and 

(d). If the producer relies on a 

calculation period based on its fiscal 

year, the producer must indicate in the 

vehicle certification that the calculation 

period corresponds to its fiscal year. A 

vehicle producer may choose different 

calculation periods for its LVC 

calculation, its steel purchasing 

calculation and its aluminum 

purchasing calculation. Paragraph (j) of 

§§ 182.95, 182.96, and 182.97 sets forth 

the applicable certification periods 

based on the calculation period that the 

producer chooses. 

The producer of the covered vehicle 

must submit the LVC, steel purchasing, 

and aluminum purchasing certifications 


KHAMMOND on DSK9W7S144PROD with RULES5
6474 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

to CBP through an authorized electronic 

data interchange system or other 

specified means. See §§ 182.95(f), 

182.96(f), and 182.97(f). Details on how 

to submit the certifications can be found 

at the CBP website at https://

www.cbp.gov/trade/priority-issues/ 

trade-agreements/free-tradeagreements/USMCA and https://

trade.cbp.gov/USMCA/s/. Currently, 

vehicle producers can file vehicle 

certifications through a portal on the 

CBP website at https://trade.cbp.gov/ 

USMCA/s/automotive-certificationrequest. If the USMCA portal is down, 

certifications can be emailed to 

USMCAautoRoO@cbp.dhs.gov. CBP will 

notify the public on our website at 

https://www.cbp.gov/trade/priorityissues/trade-agreements/free-tradeagreements/USMCA and https://

trade.cbp.gov/USMCA/s/, and update 

the regulations, as needed, if the means 

of submission are updated at a later 

date. 

After the producer submits the LVC, 

steel purchasing, and aluminum 

purchasing certification(s) to CBP, the 

certification(s) will be reviewed for 

omissions and errors. An omission 

would include, for example, the vehicle 

producer failing to include with its 

vehicle certification one of the data 

elements listed in § 182.95(c), 182.96(c), 

or 182.97(c). An error would include, 

for example, a vehicle certification that 

is based on the wrong type of 

information, such as calculating the 

producer’s purchases of steel over a 

calculation period not provided for in 

§ 182.94(c) and (d). For the LVC 

certification, in accordance with 19 

U.S.C. 4532(c)(1)(B)(i), the Secretary of 

Labor, in consultation with the 

Commissioner of CBP, will ensure that 

the LVC certification does not contain 

omissions or errors before the 

certification is considered properly 

filed. CBP is solely responsible for 

ensuring that the steel purchasing and 

aluminum purchasing certifications do 

not contain omissions or errors before 

the certification is considered properly 

filed. See 19 U.S.C. 4532(c)(2)(B)(i). 

Paragraph (g) of §§ 182.95, 182.96, 

and 182.97 details the review process 

for omissions and errors. If the vehicle 

certification is determined to be 

properly filed, the certification is 

effective for the certification period 

specified in paragraph (j). Upon receipt 

of a notification that an omission or 

error was discovered, the producer will 

have five business days to submit to 

CBP a revised vehicle certification, 

correcting the error or omission that 

CBP or DOL discovered or providing an 

explanation of why the producer 

believes that the certification contains 

no omissions or errors. The submission 

of this revised certification is an 

opportunity for the producer to correct 

the discovered error or omission or 

provide an explanation before a 

determination is made regarding 

whether the certification is properly 

filed. If the revised certification contains 

an omission or error or if no revised 

certification is submitted within the 

prescribed timeframe, CBP will provide 

written or electronic notification to the 

producer of the covered vehicle that the 

certification was not properly filed. 

While the vehicle certification is 

being reviewed for omissions and errors, 

an importer may make a claim for 

USMCA preferential tariff treatment 

under § 182.11(b) or § 182.32 for such 

covered vehicles until the producer has 

received notice from CBP that the 

certification that forms the basis for the 

covered vehicle’s eligibility for 

preferential tariff treatment has not been 

properly filed. As described in the U.S. 

Implementing Instructions, at this time, 

the review process for omissions and 

errors may take up to 120 days. 

Consequently, this provision facilitates 

trade by allowing importers to make 

claims for USMCA preferential tariff 

treatment while CBP and DOL, if 

applicable, are still reviewing the 

vehicle certification(s). If the producer 

receives notice that a certification has 

not been properly filed, the producer 

must send a notification, with a copy to 

CBP, to any known importers of the 

covered vehicle, of that determination 

within 30 days of receipt of the CBP 

notice. See 19 CFR 182.95(h), 182.96(h), 

and 182.97(h). If a vehicle certification 

is not properly filed, an importer, upon 

receipt of notification from the 

producer, must promptly and 

voluntarily correct any claims for 

covered vehicles for which that vehicle 

certification formed the basis for the 

vehicle’s eligibility for preferential tariff 

treatment, pay any duties that may be 

due, and submit the required statement 

pursuant to § 182.11(c). 

Within 10 business days of receiving 

the notification from CBP that the 

vehicle certification was determined to 

be not properly filed under paragraph 

(g), the producer may resubmit the 

certification in accordance with 

§§ 182.95(i), 182.96(i), and 182.97(i). 

This resubmission process allows the 

vehicle producer, after the initial 

vehicle certification was determined to 

be not properly filed, to submit a new 

vehicle certification for the same 

category and same calculation period. 

This new certification would undergo 

the same review for omissions and 

errors process that the initial 

certification underwent, as described in 

paragraph (g). The producer may 

resubmit a vehicle certification under 

§§ 182.95(i), 182.96(i), and 182.97(i) for 

the same category and same calculation 

period up to two times per certification 

period. During the resubmission period, 

after the vehicle certification has been 

determined to not be properly filed, an 

importer does not have a reasonable 

basis for claiming that the covered 

vehicle meets the product-specific rules 

of origin, and thus, an importer should 

not submit claims for USMCA 

preferential tariff treatment under 

§ 182.11(b) or § 182.32. The importer 

may only submit a claim for USMCA 

preferential tariff treatment after the 

producer receives notice that the 

resubmitted certification that forms the 

basis for the covered vehicle’s eligibility 

for preferential tariff treatment has been 

properly filed. An importer may make a 

post-importation claim, if it qualifies, 

under § 182.32, for covered vehicles 

entered for consumption, or withdrawn 

from warehouse for consumption, 

during the vehicle certification 

resubmission period when the 

certifications that form the basis for the 

covered vehicle’s eligibility for 

preferential tariff treatment have 

subsequently been determined to be 

properly filed. 

During the certification period, if 

there are any material changes to the 

information contained in the vehicle 

certification that would affect its 

validity, for example, changes to the 

vehicle certification period, vehicle 

category chosen, or the calculation 

period of LVC requirement and/or steel 

or aluminum purchases, the producer 

must request a modification of the 

properly filed certification pursuant to 

§ 182.95(k), 182.96(k), or 182.97(k). This 

modification process, as described in 

paragraph (k), only applies to vehicle 

certifications that have been previously 

considered properly filed. If CBP 

determines that the new, modified 

certification is properly filed under 

paragraph (g) or (i), the new certification 

supersedes the former certification and 

the new certification is effective for the 

certification period specified in 

paragraph (j). Accordingly, the new, 

modified vehicle certification that the 

producer submits to CBP must include 

all the applicable information in 

§§ 182.95(c), 182.96(c), and 182.97(c) for 

the entirety of the certification period 

and should not be limited to the 

modification. Additionally, the 

producer must submit a list of the 

material changes to the information 

contained in the certification and an 

explanation as to why the modification 

is necessary with respect to the validity 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6475 

of the certification. Within 30 days of 

receiving notice that the new 

certification has been properly filed, the 

producer must send a notification, with 

a copy to CBP, to any known importers 

of that determination. 

Section 182.98, Appeal of the 

determination that LVC, steel 

purchasing, or aluminum purchasing 

certification is not properly filed, sets 

forth the appeals process, following the 

review of the second resubmission of 

the vehicle certification pursuant to 

§§ 182.95(i)(2), 182.96(i)(2), and 

182.97(i)(2), for the vehicle producer to 

appeal a determination that the LVC, 

steel purchasing, or aluminum 

purchasing certification is not properly 

filed. While CBP believes that it is 

unlikely that a vehicle producer will 

need to resubmit a vehicle certification 

twice and file an appeal, CBP is 

establishing this appeals process, 

pursuant to its general USMCA 

rulemaking authority in 19 U.S.C. 

4535(a), to provide a recourse for appeal 

and a means for a vehicle producer to 

submit arguments to CBP explaining 

why it believes the vehicle certification 

should be considered properly filed. 

Once it has been determined that a 

vehicle certification has not been 

properly filed, the covered vehicle is not 

considered an originating good under 

the USMCA, and the importer may not 

make a claim for USMCA preferential 

tariff treatment. Given that the appeal of 

a determination that a vehicle 

certification is not properly filed is not 

a matter subject to protest under 19 

U.S.C. 1514(a)(1) through (a)(7), neither 

the vehicle producer nor the importer 

may file a protest under 19 U.S.C. 1514 

or part 174, if a claim for USMCA 

preferential tariff treatment of the 

covered vehicle has not yet been made 

when the determination is made. Since 

there is no existing recourse enabling 

the vehicle producer or the importer to 

appeal a determination that the vehicle 

certification is not properly filed in this 

scenario, CBP has established this new 

appeals process, which is limited to 

vehicle certifications. Section 182.98 

contains the scope of the appeal, the 

procedures, and the applicable 

timelines. The appeal cannot be filed 

until both opportunities for 

resubmission of a vehicle certification 

pursuant to §§ 182.95(i)(2), 182.96(i)(2), 

and 182.97(i)(2) have been completed. 

When an appeal involves DOL’s review 

of the LVC certification for omissions 

and errors, CBP will coordinate with 

DOL regarding the appeal, as necessary. 

An importer of the covered vehicle 

should not submit claims for USMCA 

preferential tariff treatment under 

§ 182.11(b) or § 182.32 for covered 

vehicles until the producer has received 

notice that the certification that forms 

the basis for the covered vehicle’s 

eligibility for preferential tariff 

treatment has been properly filed. At 

that time, if the vehicle certifications 

have been determined to be properly 

filed, the importer may make a postimportation claim, if it qualifies, under 

§ 182.32. 

2. Motor Vehicle Averaging 

For the purpose of calculating the 

RVC or LVC of a covered vehicle, the 

producer of the vehicle may elect to 

average the RVC or LVC calculation. 

These averaging elections are described 

in § 182.100, Motor vehicle averaging 

elections. To elect RVC averaging, the 

producer must comply with all the RVC 

averaging provisions set forth in section 

16 of Appendix A of part 182, including 

the averaging categories and averaging 

periods. To elect LVC averaging, the 

vehicle producer must comply with all 

the LVC averaging provisions set forth 

in section 18 of Appendix A of part 182, 

including the averaging categories. The 

LVC averaging periods are set forth in 

§ 182.93(d) and (e). A producer who 

elects to average its RVC or LVC 

calculation must separately average 

covered vehicles that are subject to an 

alternative staging regime. The producer 

may not average its RVC or LVC across 

covered vehicles that are subject to an 

alternative staging regime and covered 

vehicles that are not subject to an 

alternative staging regime. 

When filing an RVC averaging 

election, the averaging election must 

include the required data elements in 

§ 182.100(d). CBP is discontinuing use 

of the motor vehicle averaging election 

form, CBP Form 447, which was 

required when filing an RVC averaging 

election under NAFTA, and instead 

allowing the RVC averaging election 

data elements to be provided to CBP in 

a free format. The LVC averaging 

election is a new election under 

USMCA. When filing an LVC averaging 

election, the averaging election must 

include the required data elements in 

§ 182.100(e). Pursuant to § 182.100(f), a 

vehicle producer who files an RVC or 

LVC averaging election must submit, at 

the request of CBP, a cost submission 

reflecting the actual costs incurred in 

the production of the category of motor 

vehicles for which the election was 

made. 

A producer of a covered vehicle who 

elects to average its RVC or LVC 

calculation must file an averaging 

election with CBP pursuant to 

§ 182.100(c) at least 10 days before the 

first day of the producer’s fiscal year 

during which the vehicles will be 

exported, or such shorter period as CBP 

may accept. The producer may request 

a shorter period by contacting CBP via 

email. Details on how to submit the 

averaging elections can be found at the 

CBP website at https://www.cbp.gov/ 

trade/priority-issues/trade-agreements/ 

free-trade-agreements/USMCA and 

https://trade.cbp.gov/USMCA/s/. 

Currently, vehicle producers can file the 

RVC or LVC averaging elections through 

a portal on the CBP website at https:// 

trade.cbp.gov/USMCA/s/automotivecertification-request. If the USMCA 

portal is down, the averaging elections 

can be emailed to USMCAautoRoO@

cbp.dhs.gov. CBP will notify the public 

on our website at https://www.cbp.gov/ 

trade/priority-issues/trade-agreements/ 

free-trade-agreements/USMCA, https://

trade.cbp.gov/USMCA/s/, and update 

the regulations, as needed, if the means 

of submission are updated at a later 

date. 

Section 182.101, Averaging for other 

automotive goods, provides the 

applicable provisions in Appendix A of 

part 182 governing the averaging of 

automotive parts and other vehicles. 

This regulation clarifies that the 

producer is not required to file an RVC 

averaging election when averaging the 

RVC of these automotive goods. 

3. Required Year-End Reconciliation 

Section 16(9) and section 17(11) of the 

Uniform Regulations regarding Rules of 

Origin, contained in Appendix A of part 

182, require a year-end analysis of the 

actual costs of the RVC if the producer 

calculated the RVC based on estimated 

costs, and a year-end analysis of the 

actual purchases of steel or aluminum 

made over the calculation period if the 

producer calculated the steel or 

aluminum purchases on the basis of 

estimates. Depending on the 

certification period that a vehicle 

producer chooses, the vehicle 

certification may be based in whole or 

in part on projected costs or projected 

purchases. Section 182.102, Required 

year-end reconciliation to actual costs 

when estimated costs or purchases used, 

requires the producer of a covered 

vehicle, who has calculated the RVC or 

LVC of its vehicles or its steel or 

aluminum purchases on the basis of 

estimates, to conduct a reconciliation at 

the end of the producer’s fiscal year to 

the actual costs incurred or the actual 

purchases made. CBP has added the 

LVC year-end reconciliation 

requirement to ensure that the producer 

has met all the applicable USMCA 

requirements during that period with 

actual, not projected, costs. Therefore, 

this year-end reconciliation is required 


KHAMMOND on DSK9W7S144PROD with RULES5
6476 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

irrespective of whether the producer 

filed an averaging election pursuant to 

§ 182.100. If, based on the year-end 

reconciliation performed, the covered 

vehicle does not satisfy the RVC or LVC 

requirement on the basis of the actual 

costs, or the steel or aluminum 

purchasing requirement on the basis of 

the actual purchases, the producer must 

make the notifications contained in 

paragraph (b) that the vehicle is a nonoriginating good. In addition to the 

notifications required pursuant to 

sections 16(9) and 17(11) of Appendix A 

of part 182, CBP is also requiring the 

producer to notify CBP to ensure that 

CBP is aware that the producer did not 

meet the USMCA requirements for 

preferential tariff treatment. 

4. Recordkeeping Requirements 

Pursuant to section 206(a) of the 

USMCA Implementation Act (19 U.S.C. 

1508(b)(4)(B)), any vehicle producer 

whose goods are the subject of a claim 

for USMCA preferential tariff treatment 

must make, keep, and pursuant to the 

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 

LVC, steel purchasing, and aluminum 

purchasing requirements. Section 

182.103, Producer and exporter 

recordkeeping responsibilities for 

records relating to LVC, steel 

purchasing, and aluminum purchasing 

requirements, sets forth the producer of 

the covered vehicle’s recordkeeping 

responsibilities and the exporter who 

completed the certification of origin’s 

recordkeeping responsibilities. The 

vehicle producer must make and keep, 

for a minimum of five years from the 

date that the vehicle certifications were 

submitted to CBP, the LVC certification, 

the steel purchasing certification, the 

aluminum purchasing certification, and 

all records and supporting documents 

necessary to demonstrate whether the 

covered vehicle meets the LVC, steel 

purchasing, and aluminum purchasing 

requirements. CBP encourages vehicle 

producers subject to an alternative 

staging regime to keep these records and 

supporting documentation for longer 

than the minimum five years required to 

demonstrate compliance with the LVC, 

steel purchasing and aluminum 

purchasing requirements should USTR 

later make a determination that the 

vehicle producer failed to meet the 

requirements for the alternative staging 

regime under 19 U.S.C. 4532(d)(5). The 

vehicle producer must also maintain 

any records related to the high-wage 

components of the LVC requirement as 

required by DOL pursuant to 29 CFR 

part 810. The records must be capable 

of being retrieved upon lawful request 

and must be produced to CBP or DOL 

upon request. 

Pursuant to § 182.103(b), an exporter 

who completed the certification of 

origin for a covered vehicle must keep, 

for a minimum of five years from the 

date that the certification of origin was 

completed, the LVC certification, steel 

purchasing certification, aluminum 

purchasing certification, and all records 

and supporting documents to 

demonstrate whether the covered 

vehicle meets the LVC, steel purchasing, 

and aluminum purchasing 

requirements. The exporter must also 

maintain any records related to the 

high-wage components of the LVC 

requirement as required by DOL 

pursuant to 29 CFR part 810. The 

records must be capable of being 

retrieved upon lawful request and must 

be produced to CBP or DOL upon 

request. 

CBP may deny USMCA preferential 

tariff treatment, as described in 

§ 182.107, when vehicle producers or 

exporters do not meet these 

recordkeeping requirements. 

Section 182.104, Importer’s 

responsibility to maintain records 

relating to LVC, steel purchasing, and 

aluminum purchasing requirements, 

contains the importer of a covered 

vehicle’s recordkeeping responsibilities. 

All importers claiming USMCA 

preferential tariff treatment, including 

importers of covered vehicles, are 

required to comply with the 

recordkeeping requirements in 19 CFR 

parts 163 and 182, and must also 

maintain any records related to the 

high-wage components of the LVC 

requirement as required by DOL 

pursuant to 29 CFR part 810. The extent 

of the importer’s additional 

recordkeeping responsibilities for 

covered vehicles is contingent on 

whether the importer completed the 

certification of origin. If the claim for 

USMCA preferential tariff treatment is 

based on a certification of origin 

completed by the exporter or producer, 

the importer must maintain, for a 

minimum of five years from the date of 

importation of the covered vehicle, any 

records and supporting documents in 

the importer’s possession relating to the 

vehicle certifications. If the claim for 

USMCA preferential tariff treatment is 

based on a certification of origin 

completed by the importer, the importer 

must maintain, in accordance with 19 

U.S.C. 1508(b)(4)(A), for a minimum of 

five years from the date of importation 

of the covered vehicle, the vehicle 

certifications, and all records and 

supporting documents necessary to 

demonstrate whether the covered 

vehicle meets the LVC, steel purchasing, 

and aluminum purchasing 

requirements. These records must be 

maintained by importers as provided in 

§ 163.5 and produced to CBP or DOL 

upon request. CBP encourages all 

importers who import vehicles subject 

to an alternative staging regime to keep 

the records and supporting 

documentation for longer than the 

minimum five years required to 

demonstrate compliance with the LVC, 

steel purchasing and aluminum 

purchasing requirements. These records 

and supporting documents will be 

valuable should USTR later make a 

determination that the vehicle producer 

failed to meet the requirements for the 

alternative staging regime under 19 

U.S.C. 4532(d)(5). 

5. Verifications 

CBP will initiate and conduct 

verifications of automotive goods in 

accordance with the general verification 

and determination of origin provisions 

in subpart G of part 182. Section 

182.105, Verification of automotive 

goods, contains additional verification 

provisions that are applicable for 

automotive good verifications, including 

when a verification involves the LVC 

requirement. CBP will conduct a 

verification of a covered vehicle 

involving the high-wage components of 

the LVC requirement in conjunction 

with DOL. Accordingly, the provisions 

in § 182.105 set forth DOL’s and CBP’s 

roles in the verification, the additional 

requirements that the importer, 

exporter, or producer must comply 

with, and any added procedures 

necessitated by DOL’s involvement in 

the verification. 

CBP will initiate all verifications of 

covered vehicles pursuant to the 

verification means in § 182.72(a), 

including a request for information, a 

questionnaire, and/or a verification 

visit. When CBP initiates a verification 

of a covered vehicle and the verification 

involves whether the covered vehicle 

meets the LVC requirement, CBP will 

notify the producer of the covered 

vehicle that CBP has initiated a 

verification of the covered vehicle and 

advise the producer whether the 

verification involves the high-wage 

components of the LVC requirement, 

necessitating DOL’s involvement. DOL 

is responsible, pursuant to 19 U.S.C. 

4532(e) and the DOL requirements and 

procedures in 29 CFR part 810, for 

conducting the verification of the highwage components of the LVC 

requirement and determining whether 

the covered vehicle meets the high-wage 

components of the LVC requirement. 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6477 

CBP is responsible for verifying all other 

aspects of the LVC requirement, and is 

ultimately responsible for determining 

whether the covered vehicle meets the 

LVC requirement, the requirements in 

19 CFR part 182, and whether the 

covered vehicle qualifies for USMCA 

preferential treatment. 

During a verification of a covered 

vehicle, the importer, exporter, and 

producer must provide all records 

requested by CBP or DOL and make 

these records available for inspection by 

the appropriate CBP or DOL official as 

provided for in § 182.105(c). As stated 

in § 182.105(b), CBP or DOL also may 

conduct a verification of a part, 

component, or material that is used in 

the production of a covered vehicle. 

During the verification of such a part, 

component, or material, the producer of 

the part, component, or material must 

provide CBP or DOL with all the records 

requested and make these records 

available for inspection by the 

appropriate CBP or DOL official, and 

failure to do so may result in a 

determination that the part, component, 

or material is non-originating. 

CBP will determine whether the 

covered vehicle meets the LVC 

requirement and qualifies for USMCA 

preferential tariff treatment based in 

part on DOL’s determination on whether 

the covered vehicle complied with the 

high-wage components of the LVC 

requirement, and DOL’s verification 

findings and analysis. CBP will then 

issue a determination of origin to the 

qualifying parties pursuant to § 182.75. 

An importer, exporter, or producer, who 

has the right to file a protest pursuant 

to § 174.12(a)(6), may protest a CBP 

determination of origin under 19 U.S.C. 

1514 and part 174. When a protest 

involves DOL’s analysis of the highwage components of the LVC 

requirement, CBP will coordinate with 

DOL regarding the review of the protest. 

DOL is responsible, pursuant to 19 

U.S.C. 4532(e)(6)(A), for conducting an 

administrative review of its initial 

analysis pursuant to its administrative 

review procedures in the DOL’s 

regulations at 29 CFR part 810 and 

providing a determination containing 

the results of the administrative review 

to CBP. As explained in more detail in 

section III.E. of this IFR, CBP will 

review and act on the protest pursuant 

to the procedures and requirements set 

forth in part 174. 

6. Alternative Staging Regime 

As described in more detail above in 

section II.C. of this IFR, a covered 

vehicle may be originating pursuant to 

an alternative staging regime. Section 

182.106, Alternative staging regime, sets 

forth the conditions under which a 

covered vehicle is eligible for USMCA 

preferential tariff treatment under an 

alternative staging regime. Pursuant to 

paragraph (c) of § 182.106, a producer of 

a covered vehicle is required to submit 

to CBP a separate vehicle certification 

that covers only those vehicles subject 

to the alternative staging regime under 

certain circumstances. If the terms of the 

alternative staging regime specifically 

exempt the producer from the LVC, steel 

purchasing, or aluminum purchasing 

requirement (including when the 

producer qualifies for NAFTA 403.6 

treatment), then the producer must 

submit to CBP a vehicle certification for 

that LVC, steel purchasing, or aluminum 

purchasing requirement covering only 

those vehicles subject to the alternative 

staging regime. If the terms of the 

alternative staging regime contain 

different requirements from sections 13 

through 18 of Appendix A to 19 CFR 

part 182, then the producer must submit 

to CBP a vehicle certification for that 

LVC, steel purchasing, or aluminum 

purchasing requirement that covers only 

those vehicles subject the alternative 

staging regime. This additional vehicle 

certification must meet the requirements 

set forth in §§ 182.95, 182.96, and 

182.97, as applicable, with the 

exception of the certifying statement, 

and must contain the additional 

information, including the certifying 

statement, as set forth in paragraph (c) 

of this section. 

7. Reasons for Denial of USMCA 

Preferential Tariff Treatment of Covered 

Vehicles 

In addition to the general reasons for 

denial set forth in § 182.75(c)(2) of 

subpart G, CBP may deny a claim for 

USMCA preferential tariff treatment of 

covered vehicles for the additional 

reasons set forth in § 182.107, Denial of 

preferential tariff treatment of a covered 

vehicle. These reasons for denial relate 

specifically to the LVC, steel 

purchasing, and aluminum purchasing 

requirements, the vehicle certifications, 

and the additional recordkeeping 

requirements for covered vehicles. If 

CBP determines that one of these 

reasons for denial set forth in § 182.107 

applies to a vehicle certification that 

forms the basis for a claim’s eligibility 

for USMCA preferential tariff treatment, 

CBP may deny USMCA preferential 

tariff treatment for any claim which uses 

that vehicle certification as a basis for 

eligibility for USMCA preferential tariff 

treatment regardless of whether the 

importer lacks prior knowledge of the 

vehicle producer’s failure to meet the 

LVC, steel purchasing, or aluminum 

purchasing requirements because of the 

unique nature of the vehicle 

certifications. 

G. Other Conforming Amendments 

CBP is also amending certain sections 

of title 19 of the CFR, including 

§§ 10.31(h), 113.62(a), 141.0a(a), 

141.0a(f), 141.68(i), and 144.38(b), to 

add the appropriate cross-references to 

the USMCA drawback and duty-deferral 

program provisions alongside existing 

references to NAFTA duty-deferral and 

drawback provisions. 

IV. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), agencies 

generally are required to publish a 

notice of proposed rulemaking in the 

Federal Register that solicits public 

comment on the proposed regulatory 

amendments, considers public 

comments in deciding on the content of 

the final amendments, and publishes 

the final amendments at least 30 days 

prior to their effective date. This rule is 

exempt from APA rulemaking 

requirements pursuant to 5 U.S.C. 

553(a)(1) as a foreign affairs function of 

the United States because it implements 

the preferential tariff treatment and 

customs related provisions of the 

USMCA, which is a specific trilateral 

agreement negotiated between the 

United States, Mexico, and Canada. This 

IFR implements trilaterally agreed upon 

provisions in the USMCA, the Uniform 

Regulations regarding the Rules of 

Origin, and the Uniform Regulations 

regarding Origin Procedures. The 

regulatory amendments promulgated in 

this IFR fulfill the United States’ 

USMCA commitments. This IFR amends 

19 CFR part 182 to add regulations 

implementing provisions from USMCA 

Chapters 1, 2, 4, 5, and 6, as well as the 

USMCA Uniform Regulations regarding 

the Rules of Origin and the Uniform 

Regulations regarding Origin 

Procedures. Additionally, this IFR 

makes the amendments to 19 CFR parts 

10, 24, 113, 123, 141, 144, 163, and 174 

to implement provisions from USMCA 

Chapters 2, 5, 6, and 7 as well as the 

USMCA Uniform Regulations regarding 

Origin Procedures. This IFR meets the 

U.S. commitments to the other USMCA 

countries, as agreed to in the USMCA, 

and fulfills our international 

obligations. 

B. Executive Orders 12866 and 13563 

Executive Order 12866 (Regulatory 

Planning and Review), as reaffirmed by 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) and 


KHAMMOND on DSK9W7S144PROD with RULES5
6478 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

amended by Executive Order 14094 

(Modernizing Regulatory Review), 

directs agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying costs and benefits, reducing 

costs, harmonizing rules, and promoting 

flexibility. 

Rules involving the foreign affairs 

function of the United States are exempt 

from the requirements of Executive 

Orders 12866, as amended by Executive 

Order 14094, and 13563. Because this 

rule involves a foreign affairs function 

of the United States by implementing a 

specific trilateral agreement negotiated 

between the United States, Mexico, and 

Canada, the rule is not subject to the 

provisions of Executive Orders 12866, 

as amended by Executive Order 14094, 

and 13563. 

C. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801, et seq.), the Office of 

Information and Regulatory Affairs 

(OIRA) designated this rule as a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires an 

agency to prepare and make available to 

the public a regulatory flexibility 

analysis that describes the effect of a 

proposed rule on small entities (i.e., 

small businesses, small organizations, 

and small governmental jurisdictions) 

when the agency is required to publish 

a general notice of proposed rulemaking 

for a rule. Since a notice of proposed 

rulemaking is not necessary for this 

rule, CBP is not required to prepare a 

regulatory flexibility analysis for this 

rule. 

E. Paperwork Reduction Act 

The collection of information in this 

document was submitted to OMB for 

review in accordance with the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. 3507). 

Approval and assigned OMB control 

number are pending. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a valid 

control number assigned by OMB. These 

regulations provide for a new collection 

of information for USMCA’s automotive 

goods requirements. Vehicle producers 

will be required to submit three new 

vehicle certifications to CBP, including 

the labor value content (LVC) 

certification, the aluminum purchasing 

certification, and the steel purchasing 

certification. In addition, vehicle 

producers may submit motor vehicle 

averaging elections, including an 

averaging election for labor value 

content (LVC) and regional value 

content (RVC). This information is used 

by CBP to determine if vehicles 

imported from Canada and Mexico are 

entitled to preferential tariff treatment 

under USMCA. 

The proposed information collection 

requirements will result in the following 

estimated burden hours: 

Aluminum Purchasing Certification 

Estimated Number of Annual 

Respondents: 25. 

Estimated Number of Annual 

Responses per Respondent: 1.5. 

Estimated Total Annual Responses: 

37. 

Estimated Time per Response: 2 

hours. 

Estimated Total Annual Burden 

Hours: 74. 

Labor Value Content Certification 

Estimated Number of Annual 

Respondents: 25. 

Estimated Number of Annual 

Responses per Respondent: 1.5. 

Estimated Total Annual Responses: 

37. 

Estimated Time per Response: 2 

hours. 

Estimated Total Annual Burden 

Hours: 74. 

Steel Purchasing Certification 

Estimated Number of Annual 

Respondents: 25. 

Estimated Number of Annual 

Responses per Respondent: 1.5. 

Estimated Total Annual Responses: 

37. 

Estimated Time per Response: 2 

hours. 

Estimated Total Annual Burden 

Hours: 74. 

Labor Value Content Averaging Election 

Estimated Number of Annual 

Respondents: 25. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Total Annual Responses: 

25. 

Estimated Time per Response: 1 hour. 

Estimated Total Annual Burden 

Hours: 25. 

Regional Value Content Averaging 

Election 

Estimated Number of Annual 

Respondents: 25. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Total Annual Responses: 

25. 

Estimated Time per Response: 1 hour. 

Estimated Total Annual Burden 

Hours: 25. 

Comments concerning the collection 

of information and the accuracy of the 

estimated annual burden, and 

suggestions for reducing that burden, 

should be posted to the docket of this 

rulemaking or to reginfo.gov. Comments 

are specifically welcome on (a) whether 

the proposed collection of information 

is necessary for the proper performance 

of the mission of the agencies, and 

whether the information will have 

practical utility; (b) the accuracy of the 

estimate of the burden of the collections 

of information; (c) ways to enhance the 

quality, utility, and clarity of the 

information collection; (d) ways to 

minimize the burden of the information 

collection, including through the use of 

automated collection techniques or 

other forms of information technology; 

and (e) estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to maintain the information. Comments 

should be received on or before March 

18, 2025. 

Signing Authority 

In accordance with Treasury Order 

100–20, the Secretary of the Treasury 

delegated to the Secretary of Homeland 

Security the authority related to the 

customs revenue functions vested in the 

Secretary of the Treasury as set forth in 

6 U.S.C. 212 and 215, subject to certain 

exceptions. This regulation is being 

issued in accordance with DHS 

Directive 07010.3, Revision 03, which 

delegates to the Commissioner of CBP 

the authority to prescribe and approve/ 

sign regulations related to customs 

revenue functions. 

Pete Flores, Senior Official 

Performing the Duties of the 

Commissioner, having reviewed and 

approved this document, has delegated 

the authority to electronically sign the 

document to the Director (or Acting 

Director, if applicable) of the 

Regulations and Disclosure Law 

Division of CBP, for purposes of 

publication in the Federal Register. 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6479 

List of Subjects 

19 CFR Part 10 

Bonds, Exports, Imports, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 24 

Accounting, Claims, Exports, Freight, 

Harbors, Reporting and recordkeeping 

requirements, Taxes. 

19 CFR Part 113 

Common carriers, Exports, Freight, 

Laboratories, Reporting and 

recordkeeping requirements, Surety 

bonds. 

19 CFR Part 123 

Canada, Freight, International 

boundaries, Mexico, Motor carriers, 

Railroads, Reporting and recordkeeping 

requirements, Vessels. 

19 CFR Part 141 

Reporting and recordkeeping 

requirements. 

19 CFR Part 144 

Reporting and recordkeeping 

requirements, Warehouses. 

19 CFR Part 163 

Administrative practice and 

procedure, Exports, Imports, Penalties, 

Reporting and recordkeeping 

requirements. 

CFR Part 174 

Administrative practice and 

procedure. 

19 CFR Part 182 

Administrative practice and 

procedure, Canada, Exports, Mexico, 

Reporting and recordkeeping 

requirements, Trade agreements. 

Amendments to the CBP Regulations 

For the reasons stated above, U.S. 

Customs and Border Protection and the 

Department of the Treasury amend 19 

CFR parts 10, 24, 113, 123, 141, 144, 

163, 174, and 182 of title 19 of the Code 

of Federal Regulations as set forth 

below: 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 1. The general and specific authority 

citations for part 10 continue to read as 

follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States (HTSUS)), 1321, 1481, 1484, 

1498, 1508, 1623, 1624, 4513. 

* * * * * 

Sections 10.41, 10.41a, 10.107 also issued 

under 19 U.S.C. 1322; 

Sections 10.211 through 10.217 also issued 

under 19 U.S.C. 3721; 

Sections 10.221 through 10.228 and 

§§ 10.231 through 10.237 also issued under 

19 U.S.C. 2701 et seq. 

* * * * * 

■ 2. In § 10.31, paragraphs (f) and (h) are 

revised to read as follows: 

§ 10.31 Entry; bond. 

* * * * * 

(f) With the exceptions stated herein, 

a bond shall be given on CBP Form 301, 

containing the bond conditions set forth 

in § 113.62 of this chapter, in an amount 

equal to double the duties and fees, 

which it is estimated would accrue (or 

such larger amount as the Center 

director shall state in writing or by the 

electronic equivalent to the entrant is 

necessary to protect the revenue) had all 

the articles covered by the entry been 

entered under an ordinary consumption 

entry. In the case of samples solely for 

use in taking orders entered under 

subheading 9813.00.20, HTSUS, 

motion-picture advertising films entered 

under subheading 9813.00.25, HTSUS, 

and professional equipment, tools of 

trade and repair components for such 

equipment or tools entered under 

subheading 9813.00.50, HTSUS, the 

bond required to be given shall be in an 

amount equal to 110 percent of the 

estimated duties and fees, determined at 

the time of entry. If appropriate, a 

carnet, under the provisions of part 114 

of this chapter, may be filed in lieu of 

a bond on CBP Form 301 (containing the 

bond conditions set forth in § 113.62 of 

this chapter). Cash deposits in the 

amount of the bond may be accepted in 

lieu of sureties. When the articles are 

entered under subheading 9813.00.05, 

9813.00.20, or 9813.00.50, HTSUS 

without formal entry, as provided for in 

§§ 10.36 and 10.36a, or the amount of 

the bond taken under any subheading of 

Chapter 98, Subchapter XIII, HTSUS, is 

less than $25, the bond shall be without 

surety or cash deposit, and the bond 

shall be modified to so indicate. In 

addition, notwithstanding any other 

provision of this paragraph, in the case 

of professional equipment necessary for 

carrying out the business activity, trade 

or profession of a business person, 

equipment for the press or for sound or 

television broadcasting, 

cinematographic equipment, articles 

imported for sports purposes and 

articles intended for display or 

demonstration, if brought into the 

United States by a national of Canada or 

Mexico, or by a resident of Singapore, 

Chile, Morocco, Australia, El Salvador, 

Guatemala, Honduras, Nicaragua, the 

Dominican Republic, Costa Rica, 

Bahrain, Oman, Peru, the Republic of 

Korea, Colombia, or Panama and 

entered under Chapter 98, Subchapter 

XIII, HTSUS, no bond or other security 

will be required if the entered article is 

a good originating, within the meaning 

of General Notes 11, 12, 25, 26, 27, 28, 

29, 30, 31, 32, 33, 34, and 35, HTSUS, 

in the country of which the importer is 

a national or resident, as applicable. In 

the case of articles imported for sports 

purposes and articles intended for 

display or demonstration, if brought 

into the United States by a national of 

Canada or Mexico, the bond shall be 

without surety or cash deposit in an 

amount equal to 110 percent of the 

estimated duties and fees determined at 

the time of entry, if the entered article 

is not originating, within the meaning of 

General Notes 11 and 12, HTSUS, in the 

country of which the importer is a 

national. 

* * * * * 

(h) After the entry and bond have 

been accepted, the articles may be 

released to the importer. The entry shall 

not be liquidated as the transaction does 

not involve liquidated duties. However, 

a TIB importer may be required to file 

an entry for consumption and pay 

duties, or pay liquidated damages under 

its bond for a failure to do so, in the case 

of merchandise imported under 

subheading 9813.00.05, HTSUS, and 

subsequently exported to Canada or 

Mexico (see § 181.53 or 182.53 of this 

chapter). 

■ 3. In § 10.36a, paragraph (a) is revised 

to read as follows: 

§ 10.36a Vehicles, pleasure boats and 

aircraft brought in for repair or alteration. 

(a) A vehicle (such as an automobile, 

truck, bus, motorcycle, tractor, trailer), 

pleasure boat, or aircraft brought into 

the United States by an operator of such 

vehicle, pleasure boat, or aircraft for 

repair or alteration (with repair or 

alteration defined as restoration, 

addition, renovation, re-dyeing, 

cleaning, re-sterilizing, or other 

treatment that does not destroy the 

essential characteristics of, or create a 

new or commercially different good 

from, the good imported into the United 

States) may be entered on the operator’s 

baggage declaration, in lieu of formal 

entry and examination, and may be 

passed under subheading 9813.00.05, 

Harmonized Tariff Schedule of the 

United States (HTSUS), at the place of 

arrival in the same manner as 

passengers’ baggage. When the vehicle, 

aircraft, or pleasure boat to be entered 

is being towed by or transported on 

another vehicle, the operator of the 

towing or transporting vehicle may 

make entry for the vehicle, aircraft or 

pleasure boat to be repaired or altered. 


KHAMMOND on DSK9W7S144PROD with RULES5
6480 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

The bond, prescribed by § 10.31(f), filed 

to support entry under this section, 

shall be without surety or cash deposit 

except as provided by this paragraph 

and paragraph (d) of this section. The 

examination may be made by an 

inspector who is qualified to determine 

the amount of such bond to be filed in 

support of the entry. The privilege 

accorded by this paragraph shall not 

apply when two or more vehicles, 

pleasure boats, or aircraft are to be 

entered by the same importer under 

subheading 9813.00.05, HTSUS, at the 

same time. In that event, the importer 

must file a formal entry supported by 

bond with surety or cash deposit in lieu 

of surety. 

* * * * * 

■ 4. In § 10.41a, paragraphs (g)(1) and 

(3) are revised to read as follows: 

§ 10.41a Lift vans, cargo vans, shipping 

tanks, skids, pallets, and similar 

instruments of international traffic; repair 

components. 

* * * * * 

(g)(1) Except as provided in paragraph 

(j) of this section, a container (as defined 

in Article 1 of the Customs Convention 

on Containers) that is designated as an 

instrument of international traffic is 

deemed to remain in international 

traffic provided that the container exits 

the United States within 365 days of the 

date on which it was admitted under 

this section. A container that is 

designated as an instrument of 

international traffic and admitted from 

Canada or Mexico is deemed to remain 

in international traffic beyond this 365- 

day time limit when CBP grants an 

extension, at the request of the person 

who filed the application for release 

under paragraph (a)(1) of this section, 

provided that the container exits the 

United States prior to the date of 

expiration of the extension granted. An 

exit from the United States in this 

context means a movement across the 

border of the United States into a 

foreign country where either: 

(i) All merchandise is unladen from 

the container; or 

(ii) Merchandise is laden aboard the 

container (if the container is empty). 

* * * * * 

(3) If the container does not exit the 

United States within 365 days of the 

date on which it is admitted under this 

section, or, by the date on which an 

extension granted under paragraph 

(g)(1) of this section expires, such 

container shall be considered to have 

been removed from international traffic, 

and entry for consumption must be 

made within 10 business days after the 

end of the month in which the container 

is deemed removed from international 

traffic. When entry is required under 

this section, any containers considered 

removed from international traffic in the 

same month may be listed on one entry. 

Such entry may be made at any port of 

entry. Under 19 U.S.C. 1484(a)(1)(B), the 

importer of record is required, using 

reasonable care, to complete the entry 

by filing with CBP the declared value, 

classification and rate of duty applicable 

to the merchandise. The importer of 

record must use the value of the 

container as determined in accordance 

with section 402, Tariff Act of 1930 (19 

U.S.C. 1401a), as amended by the Trade 

Agreements Act of 1979 (TAA). 

■ 5. In § 10.212, paragraph (l) is revised 

to read as follows: 

§ 10.212 Definitions. 

* * * * * 

(l) USMCA. ‘‘USMCA’’ means the 

Agreement between the United States of 

America, the United Mexican States, 

and Canada, entered into force by the 

United States, Canada and Mexico on 

July 1, 2020. 

* * * * * 

§ 10.213 [Amended] 

■ 6. In § 10.213(a)(8), remove the words 

‘‘General Note 12(t)’’ and add, in their 

place, the words ‘‘General Note 11’’. 

§ 10.214 [Amended] 

■ 7. Amend § 10.214 as follows: 

■ a. In paragraph (b), remove the word 

‘‘NAFTA’’ from the table and add, in its 

place, the word ‘‘USMCA’’; and 

■ b. In paragraph (c)(12), remove the 

word ‘‘NAFTA’’ and add, in its place, 

the word ‘‘USMCA’’. 

■ 8. In § 10.222, remove the definition 

for ‘‘NAFTA’’ and add, in alphabetical 

order, the definition for ‘‘USMCA’’. 

The addition reads as follows: 

§ 10.222 Definitions. 

* * * * * 

USMCA. ‘‘USMCA’’ means the 

Agreement between the United States of 

America, the United Mexican States, 

and Canada, entered into force by the 

United States, Canada and Mexico on 

July 1, 2020. 

* * * * * 

§ 10.223 [Amended] 

■ 9. In § 10.223(a)(7), remove the words 

‘‘Annex 401 of the NAFTA’’ and add, in 

their place, the words ‘‘Annex 4–B of 

the USMCA’’. 

§ 10.224 [Amended] 

■ 10. In § 10.224(c)(12), remove the 

word ‘‘NAFTA’’ and add, in its place, 

the word ‘‘USMCA’’. 

■ 11. Amend § 10.232 as follows: 

■ a. Remove the definition for 

‘‘NAFTA’’; 

■ b. Amend the definition of 

‘‘Preferential tariff treatment’’ by 

removing the words ‘‘Annex 302.2 of 

the NAFTA’’ and adding, in their place, 

the words ‘‘Annex 2–B of the USMCA’’; 

and 

■ c. Add, in alphabetical order, the 

definition for ‘‘USMCA’’. 

The addition reads as follows: 

§ 10.232 Definitions. 

* * * * * 

USMCA. ‘‘USMCA’’ means the 

Agreement between the United States of 

America, the United Mexican States, 

and Canada, entered into force by the 

United States, Canada and Mexico on 

July 1, 2020. 

■ 12. In § 10.233, revise paragraphs(b) 

introductory text and (b)(1) to read as 

follows: 

§ 10.233 Articles eligible for preferential 

treatment. 

* * * * * 

(b) Application of the USMCA rules of 

origin. In determining whether an article 

is a CBTPA originating good for 

purposes of paragraph (a) of this section, 

application of the provisions of General 

Note 11 of the HTSUS, and part 182, 

appendix A of this chapter, will be 

subject to the following rules: 

(1) No country other than the United 

States and a CBTPA beneficiary country 

may be treated as being a party to the 

USMCA; 

* * * * * 

■ 13. In § 10.237, revise paragraph (b) to 

read as follows: 

§ 10.237 Verification and justification of 

claim for preferential tariff treatment. 

* * * * * 

(b) Importer requirements. In order to 

make a claim for preferential tariff 

treatment under § 10.235, the importer: 

(1) Must have records that explain 

how the importer came to the 

conclusion that the article qualifies for 

preferential tariff treatment. Those 

records must include documents that 

support a claim that the article in 

question qualifies for preferential tariff 

treatment because it meets the 

applicable rule of origin set forth in 

General Note 11, HTSUS, and in part 

182, appendix A of this chapter. A 

properly completed Certificate of Origin 

in the form prescribed in § 10.236(b) is 

a record that would serve this purpose; 

* * * * * 

■ 14. Revise § 10.301 to read as follows: 

§ 10.301 Scope and applicability. 

The provisions of §§ 10.302 through 

10.311 of this part relate to the 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6481 

procedures for obtaining duty 

preferences on imported goods under 

the United States-Canada Free-Trade 

Agreement (the Agreement) entered into 

on January 2, 1988, and the United 

States-Canada Free-Trade Agreement 

Implementation Act of 1988 (102 Stat. 

1851). The United States and Canada 

agreed to suspend operation of the 

Agreement with effect from January 1, 

1994, to coincide with the entry into 

force of the North American Free Trade 

Agreement (see part 181 of this chapter) 

and to continue suspending operation of 

the Agreement with the entry into force 

of the Agreement Between the United 

States of America, the United Mexican 

States, and Canada (USMCA) (see part 

182 of this chapter) and, accordingly, 

the provisions of §§ 10.302 through 

10.311 of this part apply only to goods 

imported from Canada that were entered 

for consumption, or withdrawn from 

warehouse for consumption, during the 

period January 1, 1989, through 

December 31, 1993. In situations 

involving goods subject to bilateral 

restrictions or prohibitions, or country 

of origin marking, other criteria for 

determining origin may be applicable 

pursuant to Article 407 of the 

Agreement. 

PART 24—CUSTOMS FINANCIAL AND 

ACCOUNTING PROCEDURE 

■ 15. The general and specific authority 

citation for part 24 is revised to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 

66, 1202 (General Note 3(i), Harmonized 

Tariff Schedule of the United States), 1505, 

1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 

3717, 9701; Pub. L. 107–296, 116 Stat. 2135 

(6 U.S.C. 1 et seq.). 

* * * * * 

Section 24.23 also issued under 19 U.S.C. 

4531; Sec. 892, Public Law 108–357, 118 

Stat. 1418 (19 U.S.C. 58c); Sec. 32201, Public 

Law 114–94, 129 Stat. 1312 (19 U.S.C. 58c); 

Public Law 115–271, 132 Stat. 3895 (19 

U.S.C. 58c). 

* * * * * 

Section 24.36 also issued under 26 U.S.C. 

5001(c)(4), 5041(c)(7), 5051(a)(6), 6423; 

Public Law 115–97; Public Law 116–260; 134 

Stat. 3046. 

■ 16. In § 24.23, paragraph (c)(3) is 

revised to read as follows: 

§ 24.23 Fees for processing merchandise. 

* * * * * 

(c) * * * 

(3) The ad valorem, surcharge, and 

specific fees provided for under 

paragraphs (b)(1) and (2) of this section 

will not apply to goods originating 

within the meaning of General Note 11, 

HTSUS (see also 19 U.S.C. 4531), or to 

goods that qualify for preferential tariff 

treatment under § 182.82 of this chapter 

(see also Annex 6–A of the USMCA), 

that are entered for consumption, or 

withdrawn from warehouse for 

consumption, on or after July 1, 2020. 

The ad valorem, surcharge, and specific 

fees will also not apply to goods 

originating in Canada or Mexico within 

the meaning of General Note 12, 

HTSUS, that are entered for 

consumption, or withdrawn from 

warehouse for consumption, prior to 

July 1, 2020 where such goods qualify 

to be marked, respectively, as goods of 

Canada or Mexico pursuant to Annex 

311 of the North American Free Trade 

Agreement and without regard to 

whether the goods are marked. For 

qualifying goods originating in Mexico, 

the exemption applies to goods entered 

or released (as defined in this section) 

after June 29, 1999. Where originating 

goods or goods that qualify for 

preferential tariff treatment under 

§ 182.82 of this chapter are entered or 

released with other goods that are not 

originating goods or are goods that do 

not qualify for preferential tariff 

treatment, the ad valorem, surcharge, 

and specific fees will apply only to 

those goods which are not originating 

goods or are goods that do not qualify 

for preferential tariff treatment. 

* * * * * 

■ 17. In § 24.36, paragraph (a)(1) 

introductory text is revised to read as 

follows: 

§ 24.36 Refunds of excessive duties, 

taxes, etc. 

(a) * * * 

(1) Except as otherwise provided in 

paragraphs (a)(1)(i) through (iii) of this 

section, the refund shall include interest 

on the excess moneys deposited with 

Customs, and such interest shall accrue 

from the date the duties, taxes, fees or 

interest were deposited or, in a case in 

which a proper claim is filed under 19 

U.S.C. 1520(d), from the date such claim 

is filed, to the date of liquidation or 

reliquidation of the applicable entry or 

reconciliation. An example follows: 

* * * * * 

PART 113—CBP BONDS 

■ 18. The general authority citation for 

part 113 continues to read as follows: 

Authority: 19 U.S.C. 66, 1623, 1624. 

* * * * * 

■ 19. In § 113.62, revise paragraph (a)(1) 

to read as follows: 

§ 113.62 Basic importation and entry bond 

conditions. 

* * * * * 

(a) Agreement to pay duties, taxes, 

and charges. (1) If merchandise is 

imported and released from CBP 

custody or withdrawn from a CBP 

bonded warehouse into the commerce 

of, or for consumption in, the United 

States, or under § 181.53 or 182.53 of 

this chapter is withdrawn from a dutydeferral program for exportation to 

Canada or Mexico or for entry into a 

duty-deferral program in Canada or 

Mexico, the obligors (principal and 

surety, jointly and severally) agree to: 

* * * * * 

PART 123—CBP RELATIONS WITH 

CANADA AND MEXICO 

■ 20. The general authority citation for 

part 123 continues to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States (HTSUS)), 1415, 1431, 1433, 

1436, 1448, 1624, 2071 note. 

* * * * * 

■ 21. Revise § 123.0 to read as follows: 

§ 123.0 Scope. 

This part contains special regulations 

pertaining to CBP procedures at the 

Canadian and Mexican borders. 

Included are provisions governing 

report of arrival, manifesting, unlading 

and lading, instruments of international 

traffic, shipments in transit through 

Canada or Mexico or through the United 

States, commercial traveler’s samples 

transiting the United States or Canada, 

baggage arriving from Canada or Mexico 

including baggage transiting the United 

States or Canada or Mexico, and 

electronic information for rail and truck 

cargo in advance of arrival. Aircraft 

arriving from or departing for Canada or 

Mexico are governed by the provisions 

of part 122 of this chapter. The arrival 

of all vessels from, and clearance of all 

vessels departing for, Canada or Mexico 

are governed by the provisions of part 

4 of this chapter. Fees for services 

provided in connection with the arrival 

of aircraft, vessels, vehicles and other 

conveyances from Canada or Mexico are 

set forth in § 24.22 of this chapter. 

Regulations pertaining to the treatment 

of goods from Canada or Mexico under 

the North American Free Trade 

Agreement are contained in part 181 of 

this chapter. Regulations pertaining to 

the treatment of goods from Canada or 

Mexico under the Agreement Between 

the United States of America, the United 

Mexican States, and Canada (USMCA) 

are contained in part 182 of this chapter. 

The requirements for the United States 

Postal Service to transmit advance 

electronic information for inbound 

international mail shipments are set 

forth in § 145.74 of this chapter. 


KHAMMOND on DSK9W7S144PROD with RULES5
6482 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

PART 141—ENTRY OF MERCHANDISE 

■ 22. The general and specific authority 

citations for part 141 continue to read as 

follows: 

Authority: 19 U.S.C. 66, 1448, 1484, 1498, 

1624. 

* * * * * 

Section 141.68 also issued under 19 U.S.C. 

1315; 

* * * * * 

■ 23. In § 141.0a, paragraphs (a) and (f) 

are revised to read as follows: 

§ 141.0a Definitions. 

* * * * * 

(a) Entry. ‘‘Entry’’ means that 

documentation or data required by 

§ 142.3 of this chapter to be filed with 

the appropriate CBP officer or submitted 

electronically to the Automated 

Commercial Environment (ACE) or any 

other CBP-authorized electronic data 

interchange system to secure the release 

of imported merchandise from CBP 

custody, or the act of filing that 

documentation. ‘‘Entry’’ also means that 

documentation or data required by 

§ 181.53 or 182.53 of this chapter to be 

filed with CBP to withdraw 

merchandise from a duty-deferral 

program in the United States for 

exportation to Canada or Mexico or for 

entry into a duty-deferral program in 

Canada or Mexico. 

* * * * * 

(f) Entered for consumption. ‘‘Entered 

for consumption’’ means that an entry 

summary for consumption has been 

filed with CBP in proper form, 

including electronic submission to the 

Automated Commercial Environment 

(ACE) or any other CBP-authorized 

electronic data interchange system, with 

estimated duties attached. ‘‘Entered for 

consumption’’ also means the necessary 

documentation has been filed with CBP 

to withdraw merchandise from a dutydeferral program in the United States for 

exportation to Canada or Mexico or for 

entry into a duty-deferral program in 

Canada or Mexico (see § 181.53 or 

182.53 of this chapter). 

* * * * * 

■ 24. In § 141.68, paragraph (i) is 

revised to read as follows: 

§ 141.68 Time of entry. 

* * * * * 

(i) Exportation to Canada or Mexico of 

goods imported into the United States 

under a duty-deferral program defined 

in § 181.53 or 182.53 of this chapter. 

When merchandise in a U.S. dutydeferral program is withdrawn for 

exportation to Canada or Mexico or for 

entry into a duty-deferral program in 

Canada or Mexico, the date of entry is 

the date that the entry is required to be 

filed under § 181.53(a)(2)(iii) or 

182.53(a)(2)(iii) of this chapter. 

* * * * * 

PART 144—WAREHOUSE AND 

REWAREHOUSE ENTRIES AND 

WITHDRAWALS 

■ 25. The general authority citation for 

part 144 continues to read as follows: 

Authority: 19 U.S.C. 66, 1484, 1557, 1559, 

1624. 

* * * * * 

■ 26. In § 144.38, paragraph (b) is 

revised to read as follows: 

§ 144.38 Withdrawal for consumption. 

* * * * * 

(b) Withdrawal for exportation to 

Canada or Mexico. A withdrawal for 

exportation to Canada or Mexico or for 

entry into a duty-deferral program in 

Canada or Mexico is considered a 

withdrawal for consumption pursuant 

to § 181.53 or 182.53 of this chapter. 

* * * * * 

PART 163—RECORDKEEPING 

■ 27. The general authority citation for 

part 163 continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1484, 1508, 1509, 1510, 1624. 

■ 28. Amend § 163.1(a)(2) as follows: 

■ a. Redesignate paragraph (a)(2)(xviii) 

as paragraph (a)(2)(xix); 

■ b. In newly redesignated paragraph 

(a)(2)(xix), remove the word ‘‘Customs’’ 

and add in its place the word ‘‘CBP’’; 

and 

■ c. Add a new paragraph (a)(2)(xviii). 

The addition reads as follows: 

§ 163.1 Definitions. 

* * * * * 

(a) * * * 

(2) * * * 

(xviii) The maintenance of any 

documentation in support of a claim for 

preferential tariff treatment under the 

Agreement Between the United States of 

America, the United Mexican States, 

and Canada (USMCA) pursuant to part 

182 of this chapter, including the 

certification of origin. 

* * * * * 

§ 163.7 [Amended] 

■ 29. Amend § 163.7(a)(2) by adding the 

phrase ‘‘to a USMCA country as defined 

in 19 U.S.C. 4502(10) (see also part 182 

of this chapter) or’’ after the phrase 

‘‘knowingly caused merchandise to be 

exported,’’. 

■ 30. Amend Appendix to part 163 as 

follows: 

■ a. Revise the § 10.307 listing; and 

■ b. Add a new listing under section IV 

in numerical order. 

The revision and addition read as 

follows: 

Appendix to Part 163—Interim (a)(1)(A) 

List 

* * * * * 

IV. * * * 

† [§ 10.307 Documents, etc. required for 

entries under CFTA Certificate of origin of 

CF 353] 

[† CFTA provisions are suspended while 

USMCA remains in effect. See part 182.] 

* * * * * 

§ 182.13 USMCA records that the importer 

may have in support of a USMCA claim for 

preferential tariff treatment, including the 

certification of origin. 

* * * * * 

PART 174—PROTESTS 

■ 31. The general authority citation for 

part 174 continues to read as follows: 

Authority: 19 U.S.C. 66, 1514, 1515, 1624. 

■ 32. Amend § 174.12(a) as follows: 

■ a. In paragraph (a)(5), remove the 

word ‘‘or’’ after the phrase ‘‘§ 181.11(a) 

of this chapter;’’; 

■ b. Redesignate paragraph (a)(6) as 

paragraph (a)(7); 

■ c. Add a new paragraph (a)(6); and 

■ d. In newly redesignated paragraph 

(a)(7), remove the number ‘‘5’’ and add 

in its place the number ‘‘6’’. 

The addition reads as follows: 

§ 174.12 Filing of protests. 

(a) * * * 

(6) With respect to a determination of 

origin under part 182, subpart G, of this 

chapter, any exporter or producer of the 

merchandise subject to the 

determination of origin, if the exporter 

or producer completed and signed a 

certification of origin covering the 

merchandise as provided for in § 182.12 

of this chapter; or 

* * * * * 

■ 33. Revise § 174.13(a)(9) to read as 

follows: 

§ 174.13 Contents of protest. 

(a) * * * 

(9) A declaration, to the best of the 

protestant’s knowledge, as to whether 

the entry is the subject of drawback, or 

if there is the ability for a party to make 

such entry the subject of drawback (see 

§§ 181.50, 182.50, 190.81, and 191.81 of 

this chapter). 

* * * * * 

■ 34. Revise § 174.15(b) to read as 

follows: 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6483 

§ 174.15 Consolidation of protests filed by 

different parties. 

* * * * * 

(b) NAFTA or USMCA transactions. 

The following rules shall apply to a 

consolidation of multiple protests 

concerning a determination of origin 

under part 181, subpart G, or part 182, 

subpart G, of this chapter if one of the 

protests is filed by or on behalf of an 

exporter or producer described in 

§ 174.12(a)(5) or (a)(6) of this part: 

(1) If consolidation under paragraph 

(a) of this section is pursuant to specific 

written requests for consolidation 

received from all interested parties who 

filed protests under this part, those 

interested parties shall be deemed to 

have waived their rights to 

confidentiality as regards business 

information within the meaning of 

§ 181.121 of this chapter for NAFTA 

transactions or within the meaning of 

§ 182.2 of this chapter for USMCA 

transactions. In such cases, a separate 

notice of the decision will be issued to 

each interested party under this part but 

without regard to whether the notice 

reflects confidential business 

information obtained from one but not 

all of those interested parties. 

(2) If consolidation under paragraph 

(a) of this section is done by the port 

director or Center director, before 

January 19, 2017, or the Center director 

on or after January 19, 2017, in the 

absence of specific written requests for 

consolidation from all interested parties 

who filed protests under this part, no 

waiver of confidentiality by those 

interested parties shall be deemed to 

have taken place. In such cases, a 

separate notice of the decision will be 

issued to each interested party and each 

such notice shall adhere to the principle 

of confidentiality set forth in § 181.121 

of this chapter for NAFTA transactions 

or § 182.2 of this chapter for USMCA 

transactions. 

■ 35. In § 174.22, amend paragraph (a) 

by adding a sentence to the end of the 

paragraph. 

§ 174.22 Accelerated disposition of 

protest. 

(a) * * * Accelerated disposition of a 

protest is not available for protests 

involving eligibility for USMCA 

preferential tariff treatment of a covered 

vehicle if the protest relates to the 

Department of Labor’s analysis of the 

high-wage components of the labor 

value content (LVC) requirements as 

described under § 182.105(e) of this 

chapter. 

* * * * * 

§ 174.29 [Amended] 

■ 36. In § 174.29, add the phrase ‘‘or 

(a)(6)’’ after the phrase ‘‘under 

§ 174.12(a)(5)’’. 

PART 182—UNITED STATES-MEXICOCANADA AGREEMENT 

■ 37. The general and specific authority 

citations for part 182 are revised to read 

as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i) and General Note 11, Harmonized 

Tariff Schedule of the United States 

(HTSUS)), 1624, 4513, 4535; Section 182.1 

also issued under 19 U.S.C. 4502; Subpart D 

also issued under 19 U.S.C. 1520(d); Subpart 

E also issued under 19 U.S.C. 4534; Subpart 

182.61 also issued under 19 U.S.C. 4531, 

4532; Subpart G also issued under 19 U.S.C. 

4533; Subpart H also issued under 19 U.S.C. 

4533; Subpart I also issued under 19 U.S.C. 

4532. 

Subpart A—General Provisions 

■ 38. Amend § 182.0 by adding a 

sentence to the end of the paragraph to 

read as follows: 

§ 182.0 Scope. 

* * * Additional provisions 

applicable to the USMCA are contained 

in parts 10, 24, 163, 174, and 177 of this 

chapter. 

■ 39. Amend § 182.1 by adding the 

definitions for ‘‘Alternative staging 

regime’’, 

‘‘Automotive good’’, ‘‘Corporate 

level’’, ‘‘Covered vehicle’’, ‘‘Customs 

offenses’’, 

‘‘DOL’’, ‘‘Heavy truck’’, ‘‘Light truck’’, 

‘‘Passenger vehicle’’, ‘‘Tariff preference 

level’’, 

‘‘Textile or apparel good’’, ‘‘USMCA 

drawback’’, ‘‘Vehicle certifications’’, 

and ‘‘Wool apparel’’ in alphabetical 

order to read as follows: 

§ 182.1 General definitions. 

* * * * * 

Alternative staging regime means the 

application of the requirements of 

section 19 of Appendix A to this part to 

the production of covered vehicles to 

allow producers of such vehicles to 

bring such production into compliance 

with the requirements of sections 13 

through 18 of Appendix A to this part; 

Automotive good means either a 

covered vehicle or a part, component, or 

material listed in Table A.1, A.2, B, C, 

D, E, F, or G of Appendix A to this part; 

* * * * * 

Corporate level. For an independent 

producer of a covered vehicle, its 

purchases or expenditures at the 

corporate level means the producer’s 

total purchases or expenditures by value 

in one or more of the USMCA countries. 

For a subsidiary company whose 

financial information is included in the 

parent company’s consolidated financial 

statements, its purchases or 

expenditures at the corporate level 

means the parent company’s total 

purchases or expenditures by value in 

one or more of the USMCA countries. 

For purposes of the high-wage 

technology expenditures credit for the 

labor value content (LVC) requirement, 

corporate level must include all USMCA 

countries with such expenditures. 

Covered vehicle means a passenger 

vehicle, light truck, or heavy truck; 

* * * * * 

Customs offenses means any act 

committed for the purpose of, or having 

the effect of, avoiding the laws or 

regulations of the United States 

pertaining to the provisions of the 

USMCA governing importations or 

exportations of goods between, or transit 

of goods through, the territories of the 

United States, Canada, and Mexico, 

specifically those that violate a customs 

law or regulation for restrictions or 

prohibitions on imports or exports, duty 

evasion, transshipment, falsification of 

documents relating to the importation or 

exportation of goods, fraud, or 

smuggling of goods; 

* * * * * 

DOL means the United States 

Department of Labor; 

* * * * * 

Heavy truck means a vehicle other 

than a vehicle that is solely or 

principally for off-road use of 

subheading 8701.20, 8704.22, 8704.23, 

8704.32 or 8704.90, HTSUS, or a chassis 

fitted with an engine of heading 8706, 

HTSUS, as in effect on July 1, 2020, that 

is for use in such a vehicle; 

* * * * * 

Light truck means a vehicle of 

subheading 8704.21 or 8704.31, HTSUS, 

as in effect on July 1, 2020, except for 

a vehicle that is solely or principally for 

off-road use; 

* * * * * 

Passenger vehicle means a vehicle of 

subheading 8703.21 through 8703.90, 

HTSUS, as in effect on July 1, 2020, 

except for: A vehicle with a 

compression-ignition engine of 

subheadings 8703.31 through 8703.33, 

HTSUS, as in effect on July 1, 2020, or 

a vehicle of subheading 8703.90, 

HTSUS, as in effect on July 1, 2020, 

with both a compression-ignition engine 

and an electric motor for propulsion, a 

three- or four-wheeled motorcycle, an 

all-terrain vehicle, a motorhome or 

entertainer coach, or an ambulance, 

hearse or prison van; 

* * * * * 


KHAMMOND on DSK9W7S144PROD with RULES5
6484 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

Tariff preference level means a 

quantitative limit for certain nonoriginating textile or apparel goods that 

may be entitled to preferential tariff 

treatment based on the goods meeting 

the requirements set forth in § 182.82 of 

this part; 

Textile or apparel good means a 

textile or apparel good classified in the 

HTSUS Chapters 54 through 63 or the 

following HTSUS headings or 

subheadings, as in effect on July 1, 2020: 

4202.12, 4202.22, 4202.32, 4202.92, 

5004 through 5007, 5104 through 5113, 

5204 through 5212, 5303 through 5311, 

6601, 7019, 9404.90, and 9619; 

* * * * * 

USMCA drawback means any 

drawback, waiver, or reduction of U.S. 

customs duty provided for in subpart E 

of this part; 

* * * * * 

Vehicle certifications means the labor 

value content (LVC) certification, steel 

purchasing certification, and aluminum 

purchasing certification for covered 

vehicles required by §§ 182.95, 182.96, 

and 182.97 of this part; 

Wool apparel means apparel 

predominantly of wool, by weight; 

woven apparel predominantly of manmade fibers by weight, and containing 

36 percent or more of wool, by weight; 

or knitted or crocheted apparel 

predominantly of man-made fibers by 

weight, and containing 23 percent or 

more of wool by weight; 

* * * * * 

Subpart E—Restrictions on Drawback 

and Duty-Deferral Programs 

■ 40. Revise § 182.42(c) to read as 

follows: 

§ 182.42 Duties and fees not subject to 

drawback. 

* * * * * 

(c) Customs duties paid or owed 

under unused merchandise substitution 

drawback. There will be no payment of 

such drawback under 19 U.S.C. 

1313(c)(2), 1313(j)(2), and 1313(p), 

when the basis for drawback is imported 

duty-paid petroleum derivatives (that is, 

not articles manufactured under 19 

U.S.C. 1313(a) or (b)), pursuant to 

§ 190.173 of this chapter, on goods 

exported to Canada or Mexico per 

Article 2.5 of the USMCA. 

■ 41. Revise § 182.43 to read as follows: 

§ 182.43 Eligible goods subject to USMCA 

drawback. 

Except as otherwise provided in this 

subpart, drawback is authorized for an 

imported good that is entered for 

consumption and is: 

(a) Subsequently exported to Canada 

or Mexico; 

(b) Used as a material in the 

production of another good that is 

subsequently exported to Canada or 

Mexico; or 

(c) Substituted by a good of the same 

kind and quality as defined in 

§ 182.44(d) of this subpart and used as 

a material in the production of another 

good that is subsequently exported to 

Canada or Mexico. 

■ 42. Amend § 182.44 by adding new 

paragraphs (h) and (i) to read as follows: 

§ 182.44 Calculation of drawback. 

* * * * * 

(h) Substitution of finished petroleum 

derivatives under 19 U.S.C. 1313(p) for 

derivatives manufactured under 19 

U.S.C. 1313(a) or (b). Upon presentation 

of a USMCA drawback claim under 19 

U.S.C. 1313(p) for manufactured or 

produced petroleum derivatives in 

accordance with § 190.174 of this 

chapter, the amount of drawback 

payable is based on the lesser amount of 

the customs duties paid on the good 

either to the United States or to Canada 

or Mexico. The amount of drawback 

payable may not exceed the amount of 

drawback attributable to the article 

manufactured or produced under 19 

U.S.C. 1313(a) or (b) which serves as the 

basis for drawback. For purposes of 

substitution drawback under this 

subpart, the term ‘‘same kind and 

quality’’ is as used in 19 U.S.C. 1313(p) 

and part 190, subpart Q, of this chapter 

dealing with substitution of finished 

petroleum derivatives. 

(i) Goods sold at retail and returned 

under 19 U.S.C. 1313(c)(1)(C)(ii). Upon 

presentation of the USMCA drawback 

claim under 19 U.S.C. 1313(c)(1)(C)(ii) 

for goods ultimately sold at retail by the 

importer or the person who received the 

merchandise from the importer, and for 

any reason returned to and accepted by 

the importer or the person who received 

the merchandise from the importer, the 

amount of drawback payable is based on 

the lesser amount of the customs duties 

paid on the good either to the United 

States or to Canada or Mexico. The 

amount of drawback payable may not 

exceed 99 percent of the duty paid on 

such imported merchandise into the 

United States. Substitution pursuant to 

19 U.S.C. 1313(c)(2) is not permitted 

(see § 182.42(c) of this subpart). 

■ 43. In § 182.45, revise paragraph (c) to 

read as follows: 

§ 182.45 Goods eligible for full drawback. 

* * * * * 

(c) Goods not conforming to sample or 

specifications or shipped without 

consent of consignee under 19 U.S.C. 

1313(c)(1)(C)(i). An imported good 

exported to Canada or Mexico by reason 

of failure of the good to conform to 

sample or specification or by reason of 

shipment of the good without the 

consent of the consignee is eligible for 

drawback under 19 U.S.C. 

1313(c)(1)(C)(i) without regard to the 

limitation on drawback set forth in 

§ 182.44 of this subpart. Such a good 

must be exported or destroyed within 

the statutory five-year time period and 

in compliance with the requirements set 

forth in part 190, subpart D, of this 

chapter, as applicable. 

* * * * * 

■ 44. Revise § 182.47 to read as follows: 

§ 182.47 Completion of claim for 

drawback. 

(a) General. A claim for drawback will 

be granted, upon the submission of 

appropriate documentation to 

substantiate compliance with the 

drawback laws and regulations of the 

United States, evidence of exportation 

to Canada or Mexico, and satisfactory 

evidence of the payment of duties to 

Canada or Mexico. Unless otherwise 

provided in this subpart, the 

documentation, filing procedures, time 

and place requirements and other 

applicable procedures required to 

determine whether a good qualifies for 

drawback must be in accordance with 

the provisions of part 190 of this 

chapter, as appropriate; however, a 

drawback claim subject to the 

provisions of this subpart must be filed 

separately from any part 190 drawback 

claim (that is, a claim that involves 

goods exported to countries other than 

Canada or Mexico). Claims 

inappropriately filed or otherwise not 

completed within the periods specified 

in § 182.46 of this subpart will be 

considered abandoned. 

(b) Complete drawback claim—(1) 

General. A complete drawback claim 

under this subpart must consist of the 

filing of the appropriate completed 

drawback entry, evidence of exportation 

(a copy of the Canadian or Mexican 

customs entry showing the amount of 

duty paid to Canada or Mexico) and its 

supporting documents. Each drawback 

entry filed under this subpart must be 

filed using the indicator ‘‘USMCA 

Drawback’’. 

(2) Specific claims. The following 

documentation must be submitted to 

CBP in order for a drawback claim to be 

processed under this subpart. Missing 

documentation or incorrect or 

incomplete information on required 

customs forms or supporting 

documentation will result in an 

incomplete drawback claim. 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6485 

(i) Manufacturing drawback claim. 

The following must be submitted in 

connection with a claim for direct 

identification manufacturing drawback 

or substitution manufacturing 

drawback: 

(A) A manufacturing drawback ruling 

number; 

(B) CBP Form 7501, or its electronic 

equivalent, or the import entry number; 

(C) Evidence of exportation and 

satisfactory evidence of the payment of 

duties in Canada or Mexico. Satisfactory 

evidence must include the Canadian or 

Mexican customs entry number and the 

amount of duty paid to Canada or 

Mexico; 

(D) Waiver of right to drawback. If the 

person exporting to Canada or Mexico 

was not the importer or the 

manufacturer, written waivers executed 

by the importer or manufacturer and by 

any intervening person to whom the 

good was transferred must be submitted 

in order for the claim to be considered 

complete; and 

(E) An affidavit of the party claiming 

drawback stating that no other drawback 

claim has been made on the designated 

goods, that such party has not provided 

an exporter’s certification of origin 

pertaining to the exported goods to 

another party except as stated on the 

drawback claim, and that the party 

agrees to notify CBP if the party 

subsequently provides such an 

exporter’s certification of origin to any 

person. 

(ii) Unused merchandise drawback 

claim under 19 U.S.C. 1313(j)(1). The 

following must be submitted in 

connection with a drawback claim 

covering a good eligible for unused 

merchandise drawback under 19 U.S.C. 

1313(j)(1): 

(A) The foreign entry number and 

date of entry, the HTSUS classification 

for the foreign entry, the amount of 

duties paid for the foreign entry and the 

applicable exchange rate. For goods in 

the same condition, a certification from 

the claimant that provides as follows: 

‘‘Same condition—The undersigned 

certifies that the merchandise herein 

described is in the same condition as 

when it was imported under the import 

entry(s) and further certifies that this 

merchandise was not subjected to any 

process of manufacture or other 

operation except the allowable 

operations as provided for by 

regulation.’’; 

(B) Information sufficient to trace the 

movement of the imported goods after 

importation; 

(C) In-bond application submitted 

pursuant to part 18 of this chapter, if 

applicable. This is required for 

merchandise which is examined at one 

port but exported through border points 

outside of that port. Such goods must 

travel in bond from the location where 

they were examined to the point of the 

border crossing (exportation). If 

examination is waived, in-bond 

transportation is not required; 

(D) CBP must be notified at least five 

business days in advance of the 

intended date of exportation in order to 

have the opportunity to examine the 

goods (see § 190.35 of this chapter); 

(E) Acceptable documentary evidence 

of exportation to Canada or Mexico may 

include originals or copies of any of the 

following documents that are issued by 

the exporting carrier: bill of lading, air 

waybill, freight waybill, export ocean 

bill of lading, Canadian customs 

manifest, and cargo manifest. 

Supporting documentary evidence must 

establish fully the time and fact of 

exportation, the identity of the exporter, 

and the identity and location of the 

ultimate consignee of the exported 

goods; 

(F) If the party exporting to Canada or 

Mexico was not the importer, a written 

waiver from the importer and from each 

intermediate person to whom the goods 

were transferred is required in order for 

the claim to be considered complete; 

and 

(G) An affidavit of the party claiming 

drawback stating that no other drawback 

claim has been made on the designated 

goods. 

(iii) Nonconforming or improperly 

shipped goods drawback claim. The 

following must be submitted in the case 

of goods not conforming to sample or 

specifications, or shipped without the 

consent of the consignee and subject to 

a drawback claim under 19 U.S.C. 

1313(c)(1)(C)(i): 

(A) CBP Form 7501, or its electronic 

equivalent, to establish the fact of 

importation, the receipt of the imported 

goods, and the identity of the party to 

whom drawback is payable (see 

§ 182.48(c) of this subpart); 

(B) Documentary evidence to support 

the claim that the goods did not 

conform to sample or specifications, or 

were shipped without the consent of the 

consignee. In the case of nonconforming 

goods, such documentation may include 

a copy of a purchase order and any 

related documents such as a 

specification sheet, catalogue or 

advertising brochure from the supplier, 

the basis for which the order was 

placed, and copy of a letter or credit 

memo from the supplier indicating 

acceptance of the returned merchandise. 

This documentation is necessary to 

establish that the goods are, in fact, 

being returned to the party from which 

they were procured or that they are 

being sent to the supplier’s other 

customer directly; 

(C) CBP Form 7512, or its electronic 

equivalent, if applicable; 

(D) Notification of intent to export or 

waiver of prior notice. CBP must be 

notified at least five business days in 

advance of the intended date of 

exportation in order to have the 

opportunity to examine the goods (see 

§ 190.42 of this chapter); and 

(E) Evidence of exportation, as 

provided in paragraph (b)(2)(ii)(E) of 

this section. 

(iv) Meats cured with imported salt. 

The provisions of paragraph (b)(2)(i) of 

this section relating to direct 

identification manufacturing drawback 

will apply to claims for drawback on 

meats cured with imported salt filed 

under this subpart insofar as applicable 

to and not inconsistent with the 

provisions of this subpart, and the forms 

referred to in that paragraph must be 

modified to show that the claim is being 

made for refund of duties paid on salt 

used in curing meats. 

(v) Jet aircraft engines. The provisions 

of paragraph (b)(2)(i) of this section 

relating to direct identification 

manufacturing drawback will apply to 

claims for drawback on foreign-built jet 

aircraft engines repaired or 

reconditioned in the United States filed 

under this subpart insofar as applicable 

to and not inconsistent with the 

provisions of this subpart and the 

provisions of part 190, subpart N, of this 

chapter. 

(vi) Substitution of finished petroleum 

derivatives under 19 U.S.C. 1313(p) for 

derivatives manufactured under 19 

U.S.C. 1313(a) or (b). The provisions of 

paragraph (b)(2)(i) of this section 

relating to manufacturing drawback will 

apply to claims for drawback on 

manufactured or produced petroleum 

derivatives, in accordance with 

§ 190.174 of this chapter, filed under 

this subpart insofar as applicable to and 

not inconsistent with the provisions of 

this subpart and the provisions of part 

190, subpart Q, of this chapter. 

(vii) Goods sold at retail and returned 

under 19 U.S.C. 1313(c)(1)(C)(ii). The 

following must be submitted in the case 

of goods ultimately sold at retail by the 

importer or the person who received the 

merchandise from the importer, and for 

any reason returned to and accepted by 

the importer or the person who received 

the merchandise from the importer and 

subject to a drawback claim under 19 

U.S.C. 1313(c)(1)(C)(ii): 

(A) CBP Form 7501, or its electronic 

equivalent, to establish the fact of 

importation, the receipt of the imported 

goods, and the identity of the party to 


KHAMMOND on DSK9W7S144PROD with RULES5
6486 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

whom drawback is payable (see 

§ 182.48(c) of this subpart); 

(B) Documentary evidence to support 

the claim that the goods were ultimately 

sold at retail by the importer or the 

person who received the merchandise 

from the importer, and were returned to 

and accepted by the importer or the 

person who received the merchandise 

from the importer; 

(C) CBP Form 7512, or its electronic 

equivalent, if applicable; 

(D) Notification of intent to export or 

waiver of prior notice. CBP must be 

notified at least five business days in 

advance of the intended date of 

exportation in order to have the 

opportunity to examine the goods (see 

§ 190.42 of this chapter); and 

(E) Evidence of exportation, as 

provided in paragraph (b)(2)(ii)(E) of 

this section. 

(c) Evidence of exportation and of 

duties paid in Canada or Mexico. For 

purposes of this subpart, evidence of 

exportation and satisfactory evidence of 

payment of duties in Canada or Mexico 

must consist of one of the following 

types of documentation, provided that, 

for purposes of evidence of duties paid, 

such documentation includes the 

import entry number, the date of 

importation, the tariff classification 

number, the rate of duty and the amount 

of duties paid: 

(1) In the case of Canada, the 

Canadian entry document, presented 

with either the K–84 Statement or the 

Detailed Coding Statement. A Canadian 

customs document that is not 

accompanied by a valid receipt is not 

adequate evidence of exportation and 

payment of duty in Canada; 

(2) In the case of Mexico, the Mexican 

entry document (the ‘‘pedimento’’); 

(3) The final customs duty 

determination of Canada or Mexico, or 

a copy thereof, with respect to the 

relevant entry; or 

(4) An affidavit, from the person 

claiming drawback, which is based on 

information received from the importer 

of the good in Canada or Mexico. 

■ 45. Add § 182.48 to subpart E to read 

as follows: 

§ 182.48 Person entitled to receive 

drawback. 

(a) General. The person named as 

exporter on the notice of exportation or 

on the bill of lading, air waybill, freight 

waybill, Canadian or Mexican customs 

manifest, cargo manifest, or certified 

copies of these documents, will be 

considered the exporter and entitled to 

drawback. 

(b) Manufacturing drawback. The 

person named as the exporter is entitled 

to claim manufacturing drawback, 

unless the manufacturer or producer 

reserves the right to claim drawback. 

The manufacturer or producer who 

reserves this right may claim drawback, 

will receive payment upon production 

of satisfactory evidence that the 

reservation was made with the 

knowledge and consent of the exporter. 

Drawback also may be granted to the 

agent of the manufacturer, producer, or 

exporter, or to the person the 

manufacturer, producer, exporter, or 

agent directs in writing to receive the 

drawback of duties. 

(c) Nonconforming or improperly 

shipped goods drawback under 19 

U.S.C. 1313(c)(1)(C)(i) and drawback on 

goods sold at retail and returned under 

19 U.S.C. 1313(c)(1)(C)(ii). The person 

named as the exporter is entitled to 

claim rejected merchandise drawback; if 

the claimant was not the importer of the 

merchandise or its agent, the claimant 

must submit a statement signed by the 

importer and every other person, other 

than the ultimate purchaser, that owned 

the goods, that no other claim for 

drawback was made on the goods (see 

§ 190.42(b) of this chapter). 

(d) Unused merchandise drawback 

under 19 U.S.C. 1313(j)(1). The person 

named as the exporter is entitled to 

claim drawback under 19 U.S.C. 

1313(j)(1) unless the exporter has in 

writing waived its right to claim 

drawback (see § 190.33 of this chapter). 

■ 46. Add § 182.50(b) to read as follows: 

§ 182.50 Liquidation and payment of 

drawback claims. 

* * * * * 

(b) Time for liquidation. A drawback 

claim will not be liquidated until either 

a written waiver of the right to protest 

under 19 U.S.C. 1514 is filed with CBP 

or the liquidation of the import entry 

has become final under U.S. law. In 

addition, except in the case of goods 

covered by § 182.45 of this subpart, a 

drawback claim must not be liquidated 

for a period of three years after the date 

of entry of the goods in Canada or 

Mexico. A drawback claim may be 

adjusted pursuant to 19 U.S.C. 

4534(e)(1) even after liquidation of the 

U.S. import entry has become final. 

* * * * * 

■ 47. Add § 182.53 to subpart E to read 

as follows: 

§ 182.53 Collection and waiver or 

reduction of duty under duty-deferral 

programs. 

(a) General—(1) Definitions. The 

following definitions apply for purposes 

of this section: 

(i) Date of exportation. Date of 

exportation means the date of 

importation into Canada or Mexico as 

reflected on the applicable Canadian or 

Mexican entry document (see 

§ 182.47(c)(1) and (2) of this subpart). 

(ii) Duty-deferral program. A dutydeferral program means any measure 

which postpones duty payment upon 

arrival of a good in the United States 

until withdrawn or removed for 

exportation to Canada or Mexico or for 

entry into a Canadian or Mexican dutydeferral program. Such measures govern 

manipulation warehouses, 

manufacturing warehouses, smelting 

and refining warehouses, foreign trade 

zones, and those temporary 

importations under bond that are 

specified in paragraph (b)(5) of this 

section. 

(2) Treatment as entered or 

withdrawn for consumption—(i) 

General. 

(A) Where a good is imported into the 

United States pursuant to a dutydeferral program and is subsequently 

withdrawn from the duty-deferral 

program for exportation to Canada or 

Mexico or is used as a material in the 

production of another good that is 

subsequently withdrawn from the dutydeferral program for exportation to 

Canada or Mexico, and provided that 

the good is a ‘‘good subject to USMCA 

drawback’’ within the meaning of 19 

U.S.C. 4534 and is not described in 

§ 182.45 of this subpart, the 

documentation required to be filed 

under this section in connection with 

the exportation of the good will, for 

purposes of this chapter, constitute an 

USMCA entry or withdrawal for 

consumption and the exported good 

must be subject to duty which will be 

assessed in accordance with paragraph 

(b) of this section. 

(B) Where a good is imported into the 

United States pursuant to a dutydeferral program and is subsequently 

withdrawn from the duty-deferral 

program and entered into a dutydeferral program in Canada or Mexico or 

is used as a material in the production 

of another good that is subsequently 

withdrawn from the duty-deferral 

program and entered into a dutydeferral program in Canada or Mexico, 

and provided that the good is a ‘‘good 

subject to USCMA drawback’’ within 

the meaning of 19 U.S.C. 4534 and is 

not described in § 182.45 of this subpart, 

the documentation required to be filed 

under this section in connection with 

the withdrawal of the good from the 

U.S. duty-deferral program will, for 

purposes of this chapter, constitute a 

USMCA entry or withdrawal for 

consumption and the withdrawn good 

must be subject to duty which will be 

assessed in accordance with paragraph 

(b) of this section. 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6487 

(C) Any assessment of duty under this 

section must include the duties and fees 

referred to in § 182.42(a) and (b) of this 

subpart and the fees provided for in 

§ 24.23 of this chapter; these inclusions 

will not be subject to refund, waiver, 

reduction or drawback. 

(ii) Bond requirements. The 

provisions of § 142.4 of this chapter will 

apply to each withdrawal and 

exportation transaction described in 

paragraph (a)(2) of this section. 

However, in applying the provisions of 

§ 142.4 of this chapter in the context of 

this section, any reference to release 

from CBP custody in § 142.4 of this 

chapter will be taken to mean 

exportation to Canada or Mexico. 

(iii) Documentation filing and duty 

payment procedures—(A) Persons 

required to file. In the circumstances 

described in paragraph (a)(2) of this 

section, the documentation described in 

paragraph (a)(2)(iii)(B) of this section 

must be filed by one of the following 

persons: 

(1) In the case of a withdrawal of the 

goods from a warehouse, the person 

who has the right to withdraw the goods 

in accordance with § 144.31 of this 

chapter; 

(2) In the case of a temporary 

importation under bond (TIB) specified 

in paragraph (b)(5) of this section, the 

TIB importer whether or not it sells the 

goods for export to Canada or Mexico 

unless § 10.31(h) of this chapter applies; 

or 

(3) In the case of a withdrawal from 

a foreign trade zone, the person who has 

the right to make entry (see § 146.62 of 

this chapter). However, if a zone 

operator is not the person with the right 

to make entry of the good, the zone 

operator will be responsible for the 

payment of any duty due in the event 

the zone operator permits such other 

person to remove the goods from the 

zone (§§ 146.67 and 146.68 of this 

chapter) and such other person fails to 

comply with the requirements of this 

provision. 

(B) Documentation required to be 

filed and required filing date. The 

person required to file must file CBP 

Form 7501, or its electronic equivalent, 

no later than 10 working days after the 

date of exportation to Canada or Mexico 

or 10 working days after the goods’ 

being entered into a duty-deferral 

program in Canada or Mexico. Except 

where the context otherwise requires 

and except as otherwise specifically 

provided in this section, the procedures 

for completing and filing CBP Form 

7501, or its electronic equivalent, in 

connection with the entry of 

merchandise under this chapter will 

apply for purposes of this paragraph. 

For purposes of completing CBP Form 

7501, or its electronic equivalent, under 

this paragraph, any reference to the 

entry date will be taken to refer to the 

date of exportation of the good or the 

date the good is entered into a dutydeferral program in Canada or Mexico. 

The CBP Form 7501, or its electronic 

equivalent, required under this 

paragraph, may be transmitted 

electronically. See §§ 141.62, 141.63, 

and 144.38 (bonded warehouse) of this 

chapter. 

(C) Duty payment. The duty estimated 

to be due under paragraph (b) of this 

section must be deposited with CBP 60 

calendar days after the date of 

exportation of the good. If a good is 

entered into a duty-deferral program in 

Canada or Mexico, the duty estimated to 

be due under paragraph (b) of this 

section, but without any waiver or 

reduction provided for in that 

paragraph, must be deposited with CBP 

60 calendar days after the date the good 

is entered into such duty-deferral 

program. Nothing precludes the deposit 

of such estimated duty at the time of 

filing the CBP Form 7501, or its 

electronic equivalent, under paragraph 

(a)(2)(iii)(B) of this section or at any 

other time within the 60-day period 

prescribed in this paragraph. However, 

any interest calculation will run from 

the date the duties are required to be 

deposited. 

(3) Waiver or reduction of duties—(i) 

General. Except in the case of duties and 

fees referred to in § 182.42(a) and (b) of 

this subpart and fees provided for in 

§ 24.23 of this chapter, CBP may waive 

or reduce the duties paid or owed under 

paragraph (a)(2) of this section by the 

person who is required to file the CBP 

Form 7501, or its electronic equivalent 

(see paragraph (a)(2)(iii)(A) of this 

section) in accordance with paragraph 

(b) of this section, provided that a claim 

for waiver or reduction of the duties is 

filed with CBP within the appropriate 

60-day time frame. The claim must be 

based on evidence of exportation or 

entry into a Canadian or Mexican dutydeferral program and satisfactory 

evidence of duties paid in Canada or 

Mexico (see § 182.47(c) of this subpart). 

(ii) Filing of claim and payment of 

reduced duties. A claim for a waiver or 

reduction of duties under paragraph 

(a)(3)(i) of this section must be made on 

CBP Form 7501, or its electronic 

equivalent, which must set forth, in 

addition to the information required 

under paragraph (a)(2)(iii)(B) of this 

section, a description of the goods 

exported to Canada or Mexico, and the 

Canadian or Mexican import entry 

number, date of importation, tariff 

classification number, rate of duty and 

amount of duty paid. If a claim for 

reduction of duties is filed under this 

paragraph, the reduced duties must be 

deposited with CBP when the claim is 

filed. 

(iii) Drawback on goods entered into 

a duty-deferral program in Canada or 

Mexico. After goods within a dutydeferral program in the United States, 

which were exported from the United 

States and entered into a duty-deferral 

program in Canada or Mexico, are then 

withdrawn from that Canadian or 

Mexican duty-deferral program either 

for entry into Canada or Mexico or for 

export to a non-USMCA country, the 

person who filed the CBP Form 7501, or 

its electronic equivalent and the 

information required in paragraph 

(a)(2)(iii)(B) of this section, may file a 

claim for drawback if the goods are 

withdrawn within five years from the 

date of the original importation of the 

good into the United States. If the goods 

are entered for consumption in Canada 

or Mexico, drawback will be calculated 

in accordance with § 182.44 of this 

subpart. 

(4) Liquidation of entry—(i) If no 

claim is filed. If no claim for a waiver 

or reduction of duties is filed in 

accordance with paragraph (a)(3) of this 

section, CBP will determine the final 

duties due under paragraph (a)(2)(i) of 

this section and will post a notice of 

liquidation of the entry filed under this 

section in accordance with § 159.9 of 

this chapter. Where no claim was filed 

in accordance with this section and CBP 

fails to liquidate, or extend liquidation 

of, the entry filed under this section 

within one year from the date of entry, 

upon the date of expiration of that oneyear period the entry will be deemed 

liquidated by operation of law in the 

amount asserted by the exporter on the 

CBP Form 7501, or its electronic 

equivalent, filed under paragraph 

(a)(2)(iii)(A) of this section. A protest 

under 19 U.S.C. 1514 and part 174 of 

this chapter must be filed within 180 

days from the date of liquidation under 

this section. 

(ii) If a claim is filed. If a claim for 

a waiver or reduction of duties is filed 

in accordance with paragraph (a)(3) of 

this section, an extension of liquidation 

of the entry filed under this section will 

take effect for a period not to exceed 

three years from the date the entry was 

filed. Before the close of the extension 

period, CBP will liquidate the entry 

filed under this section and will post a 

bulletin of liquidation in accordance 

with § 159.9 of this chapter. If CBP fails 

to liquidate the entry filed under this 

section within four years from the date 

of the entry, upon the date of expiration 

of that four-year period the entry will be 


KHAMMOND on DSK9W7S144PROD with RULES5
6488 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

deemed liquidated by operation of law 

in the amount asserted by the exporter 

on the CBP Form 7501, or its electronic 

equivalent, filed under paragraph 

(a)(3)(ii) of this section. A protest under 

19 U.S.C. 1514 and part 174 of this 

chapter must be filed within 180 days 

from the date of liquidation under this 

section. 

(b) Assessment and waiver or 

reduction of duty—(1) Manipulation in 

warehouse. Where a good subject to 

USMCA drawback under this subpart is 

withdrawn from a bonded warehouse 

(see 19 U.S.C. 1562) after manipulation 

for exportation to Canada or Mexico or 

for entry into a duty-deferral program in 

Canada or Mexico, duty will be assessed 

on the good in its condition and 

quantity, and at its weight, at the time 

of such withdrawal from the warehouse 

and with such additions to, or 

deductions from, the final appraised 

value as may be necessary by reason of 

its change in condition. Such duty must 

be paid no later than 60 calendar days 

after the date of exportation or of entry 

into the duty-deferral program of 

Canada or Mexico, except that, upon 

filing of a proper claim under paragraph 

(a)(3) of this section, the duty will be 

waived or reduced in an amount that 

does not exceed the lesser of the total 

amount of duty payable on the good 

under this section or the total amount of 

customs duties paid to Canada or 

Mexico. 

(2) Bonded manufacturing warehouse. 

Where a good is manufactured in a 

bonded warehouse (see 19 U.S.C. 1311) 

with imported materials and is then 

withdrawn for exportation to Canada or 

Mexico or for entry into a duty-deferral 

program in Canada or Mexico, duty will 

be assessed on the materials in their 

condition and quantity, and at their 

weight, at the time of their importation 

into the United States. Such duty must 

be paid no later than 60 calendar days 

after either the date of exportation or of 

entry into a duty-deferral program of 

Canada or Mexico, except that, upon 

filing of a proper claim under paragraph 

(a)(3) of this section, the duty will be 

waived or reduced in an amount that 

does not exceed the lesser of the total 

amount of duty payable on the materials 

under this section or the total amount of 

customs duties paid to Canada or 

Mexico. 

(3) Bonded smelting or refining 

warehouse. For any qualifying imported 

metal-bearing materials (see 19 U.S.C. 

1312), duty will be assessed on the 

imported materials and the charges 

against the bond canceled no later than 

60 calendar days after either the date of 

exportation of the treated materials to 

Canada or Mexico or the date of entry 

of the treated materials into a dutydeferral program of Canada or Mexico, 

either from the bonded smelting or 

refining warehouse or from such other 

customs bonded warehouse after the 

transfer of the same quantity of material 

from a bonded smelting or refining 

warehouse. However, upon filing of a 

proper claim under paragraph (a)(3) of 

this section, the duty on the imported 

materials will be waived or reduced in 

an amount that does not exceed the 

lesser of the total amount of duty 

payable on the imported materials 

under this section or the total amount of 

customs duties paid to Canada or 

Mexico. 

(4) Foreign trade zone. For a good that 

is manufactured or otherwise changed 

in condition in a foreign trade zone (see 

19 U.S.C. 81c(a)) and then withdrawn 

from the zone for exportation to Canada 

or Mexico or for entry into a Canadian 

or Mexican duty-deferral program, the 

duty assessed, as calculated under 

paragraph (b)(4)(i) or (ii) of this section, 

must be paid no later than 60 calendar 

days after either the date of exportation 

of the good to Canada or Mexico or the 

date of entry of the good into a dutydeferral program of Canada or Mexico, 

except that, upon filing of a proper 

claim under paragraph (a)(3) of this 

section, the duty will be waived or 

reduced in an amount that does not 

exceed the lesser of the total amount of 

duty payable on the good under this 

section or the total amount of customs 

duties paid to Canada or Mexico. 

(i) Nonprivileged foreign status. In the 

case of a nonprivileged foreign status 

good, duty is assessed on the good in its 

condition and quantity, and at its 

weight, at the time of its exportation 

from the zone to Canada or Mexico, or 

its entry into a duty-deferral program of 

Canada or Mexico. 

(ii) Privileged foreign status. In the 

case of a privileged foreign status good, 

duty is assessed on the good in its 

condition and quantity, and at its 

weight, at the time privileged status is 

elected. 

(5) Temporary importation under 

bond. Except in the case of a good 

imported from Canada or Mexico for 

repair or alteration, where a good, 

regardless of its origin, was imported 

temporarily free of duty for repair, 

alteration or processing (subheading 

9813.00.05, HTSUS) and is 

subsequently exported to Canada or 

Mexico, duty will be assessed on the 

good on the basis of its condition at the 

time of its importation into the United 

States. Such duty must be paid no later 

than 60 calendar days after either the 

date of exportation or the date of entry 

into a duty-deferral program of Canada 

or Mexico, except that, upon filing of a 

proper claim under paragraph (a)(3) of 

this section, the duty will be waived or 

reduced in an amount that does not 

exceed the lesser of the total amount of 

duty payable on the good under this 

section or the total amount of customs 

duties paid to Canada or Mexico. 

(c) Recordkeeping requirements. If a 

person intends to claim a waiver or 

reduction of duty on goods under this 

section, that person must maintain 

records concerning the value of all 

involved goods or materials at the time 

of their importation into the United 

States and concerning the value of the 

goods at the time of their exportation to 

Canada or Mexico or entry into a dutydeferral program of Canada or Mexico, 

and if a person files a claim under this 

section for a waiver or reduction of duty 

on goods exported to Canada or Mexico 

or entered into a Canadian or Mexican 

duty-deferral program, that person must 

maintain evidence of exportation or 

entry into a Canadian or Mexican dutydeferral program and satisfactory 

evidence of the amount of any customs 

duties paid to Canada or Mexico on the 

good (see § 182.47(c) of this subpart). 

Failure to maintain adequate records 

will result in denial of the claim for 

waiver or reduction of duty. 

(d) Failure to file proper claim. If the 

person identified in paragraph 

(a)(2)(iii)(A) of this section fails to file 

a proper claim within the 60-day period 

specified in this section, that person, or 

the FTZ operator, pursuant to paragraph 

(a)(2)(iii)(A)(3) of this section, will be 

liable for payment of the full duties 

assessed under this section and without 

any waiver or reduction thereof. 

(e) Subsequent claims for preferential 

tariff treatment. If a claim for a refund 

of duties is allowed by the Canadian or 

Mexican customs administration under 

Article 5.11 of the USMCA (postimportation claim) or under any other 

circumstance after duties have been 

waived or reduced under this section, 

CBP may reliquidate the entry filed 

under this section pursuant to 19 U.S.C. 

4534(e) even after liquidation of the 

entry has become final. 

■ 48. Add § 182.55 to subpart E to read 

as follows: 

§ 182.55 Goods exported from dutydeferral programs that are not a ‘‘good 

subject to USMCA drawback’’ within the 

meaning of 19 U.S.C. 4534. 

(a) An importer, or its agent, claiming 

a good is not a ‘‘good subject to USMCA 

drawback’’ within the meaning of 19 

U.S.C. 4534 must notify CBP at: 

(1) The time of importation and 

admission into the duty-deferral 

program; or 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6489 

(2) The time of filing the 

documentation required under 

§ 182.53(a)(2)(iii)(B) of this subpart. 

(b) A person must maintain records 

supporting a claim that a good is not a 

‘‘good subject to USMCA drawback’’ 

within the meaning of 19 U.S.C. 4534. 

The records must be made available for 

examination and inspection by a CBP 

official in the same manner as provided 

in part 163 of this chapter in the case 

of U.S. importer records. 

Subpart G—Origin Verifications and 

Determinations 

■ 49. In § 182.71, add two sentences to 

the end of the section 

§ 182.71 Applicability. 

* * * Additional verification 

procedures apply to automotive goods 

and are set forth in subpart I of this part. 

For textile and apparel goods, CBP may 

choose to conduct a verification 

pursuant to the verification means and 

procedures contained in this subpart or 

may alternatively choose to conduct a 

verification pursuant to a site visit as 

described in § 182.83 of this part. 

■ 50. Amend § 182.75 as follows: 

■ a. Revise paragraph (c)(2); and 

■ b. In paragraph (c)(4), remove the 

phrase ‘‘unless CBP determines that 

there is a pattern of conduct of false or 

unsupported representations pursuant 

to § 182.76,’’. 

The revision reads as follows: 

§ 182.75 Determinations of origin. 

* * * * * 

(c) * * * 

(2) Denial of preferential tariff 

treatment. CBP may deny the claim for 

preferential tariff treatment if: 

(i) The certification of origin is not 

submitted to CBP upon request as 

required pursuant to § 182.12(a) of this 

part, or, for textile or apparel goods 

claiming USMCA preferential tariff 

treatment under a tariff preference level 

(TPL), the certificate of eligibility is not 

submitted to CBP upon request as 

required pursuant to § 182.82(d) of this 

part; 

(ii) The claim or certification of origin 

is invalid or based on inaccurate 

information and is not corrected within 

the required time period pursuant to 

§ 182.11(c) of this part; 

(iii) CBP determines that the importer, 

exporter, or producer failed to provide 

sufficient information to substantiate 

the claim; 

(iv) CBP determines that the good 

does not qualify for preferential tariff 

treatment, including failing to meet the 

rules of origin requirements in General 

Note 11, HTSUS, and Appendix A to 

this part, or the TPL requirements in 

§ 182.82 of this part; 

(v) The importer, exporter, or 

producer fails to respond to the request 

for information pursuant to 

§ 182.73(f)(1) subject to the conditions 

in § 182.75(c)(1) of this subpart; 

(vi) The importer, exporter, or 

producer fails to respond to the 

questionnaire pursuant to § 182.73(f)(1) 

of this subpart; 

(vii) The exporter or producer fails to 

consent to a verification visit pursuant 

to § 182.74 of this subpart; 

(viii) The importer, exporter, or 

producer fails to maintain records 

demonstrating that the good qualifies for 

preferential tariff treatment as required 

pursuant to this part; 

(ix) The importer, exporter, or 

producer denies access, as requested by 

CBP, to records or documentation that 

are in its possession or required to be 

maintained pursuant to this part; 

(x) The exporter or producer denies 

access to records or documentation that 

are in its possession or required to be 

maintained, or to facilities during a 

verification visit as required pursuant to 

this part; 

(xi) CBP finds a pattern of conduct 

pursuant to § 182.76 of this subpart or, 

for textile and apparel goods, pursuant 

to § 182.83(g) of this part; 

(xii) CBP determines, pursuant to a 

site visit for textiles or apparel goods 

conducted under § 182.83 of this part, 

that any of the reasons for denial set 

forth in § 182.83(e) of this part applies; 

(xiii) CBP determines, for automotive 

goods, that any of the reasons for denial 

set forth in § 182.107 of this part 

applies; or 

(xiv) CBP determines that any other 

reason to deny a claim for preferential 

tariff treatment as set forth in this part 

applies. 

* * * * * 

Subpart H—Textile and Apparel Goods 

■ 51. Revise § 182.81 to read as follows: 

§ 182.81 Applicability. 

This subpart applies only to textile or 

apparel goods. This subpart contains the 

provisions for textile or apparel goods 

that are claiming USMCA preferential 

tariff treatment under a tariff preference 

level (TPL) and the provisions related to 

site visits. With the exception of 

§§ 182.11, 182.12, 182.14, 182.16, 

subpart D, and the rules of origin set 

forth in Appendix A of this part, the 

relevant requirements and procedures 

set forth in this part apply to TPLs. For 

textile or apparel goods, including TPLs, 

CBP has the discretion to conduct a 

verification pursuant to the general 

verification means and procedures 

contained in subpart G of this part or to 

choose to conduct a verification 

pursuant to a site visit as set forth in this 

subpart. Unless otherwise specified in 

this subpart, the requirements and 

procedures set forth in subpart G of this 

part do not apply to a site visit 

conducted pursuant to this subpart. 

■ 52. Revise § 182.82 to read as follows: 

§ 182.82 Claim for preferential tariff 

treatment under tariff preference level. 

(a) Basis of claim. Textile or apparel 

goods described in paragraph (b) of this 

section that do not qualify as originating 

goods under the rules of origin in 

General Note 11, HTSUS, and Appendix 

A of this part may qualify for 

preferential tariff treatment under the 

USMCA under an applicable tariff 

preference level (TPL). An importer, 

who cannot make a claim pursuant to 

§ 182.11(b) for these non-originating 

goods, may make a claim for USMCA 

preferential tariff treatment under a 

TPL, including an exemption from the 

merchandise processing fee, for such 

textile or apparel goods provided that: 

(1) The textile or apparel goods are 

eligible for a TPL claim under paragraph 

(b) of this section; 

(2) The annual quantitative limit has 

not been reached for the subject TPL as 

indicated in U.S. Note 11, Subchapter 

XXIII, Chapter 98, HTSUS, and 

paragraph (b) of this section; and 

(3) The claim is based on a certificate 

of eligibility, as specified in paragraph 

(d) of this section. 

(b) Goods eligible for TPL claims. The 

following goods are eligible for a TPL 

claim made under paragraph (c) of this 

section: 

(1) Cotton or man-made fiber apparel 

goods of a USMCA country. Cotton or 

man-made fiber apparel goods described 

in U.S. Notes 11(a)(i) and (b)(i), 

Subchapter XXIII, Chapter 98, HTSUS, 

that are both cut (or knit-to-shape) and 

sewn or otherwise assembled in the 

territory of a USMCA country, and that 

meet the applicable conditions for 

preferential tariff treatment under the 

USMCA, other than the condition that 

they are originating goods. The 

preferential tariff treatment is limited to 

the quantities specified in U.S. Notes 

11(a) and 11(b), Subchapter XXIII, 

Chapter 98, HTSUS; 

(2) Wool apparel goods of a USMCA 

country. Wool apparel goods described 

in U.S. Note 11, Subchapter XXIII, 

Chapter 98, HTSUS, and that meet the 

applicable conditions for preferential 

tariff treatment under the USMCA, other 

than the condition that they are 

originating goods. The preferential tariff 

treatment is limited to the quantities 


KHAMMOND on DSK9W7S144PROD with RULES5
6490 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

specified in U.S. Note 11(a)(i)(B) and 

(b)(i)(C), Subchapter XXIII, Chapter 98, 

HTSUS; 

(3) Cotton or man-made fiber fabrics 

and made-up goods. Fabrics and madeup goods described in U.S. Note 11(a)(ii) 

and (b)(ii), Subchapter XXIII, Chapter 

98, HTSUS, made from cotton or manmade fiber, provided that the goods 

meet the applicable conditions for 

preferential tariff treatment under the 

USMCA, other than the condition that 

they are originating goods. The 

preferential tariff treatment is limited to 

the quantities specified in U.S. Note 

11(a)(ii) and (b)(ii), Subchapter XXIII, 

Chapter 98, HTSUS; and 

(4) Cotton or man-made fiber spun 

yarn. Yarn described in U.S. Note 

11(a)(iii) and (b)(iii), Subchapter XXIII, 

Chapter 98, HTSUS, made from cotton 

or man-made fiber, provided that the 

yarn meets the applicable conditions for 

preferential tariff treatment under the 

USMCA, other than the condition that 

they are originating goods. The 

preferential tariff treatment is limited to 

the quantities specified in U.S. Note 

11(a)(iii) and (b)(iii), Subchapter XXIII, 

Chapter 98, HTSUS. 

(c) Making a TPL claim. A claim for 

preferential tariff treatment under a TPL 

is made by including on the entry 

summary, or equivalent documentation, 

or by the method specified for 

equivalent reporting via an authorized 

electronic data interchange system, the 

applicable subheading in Chapter 98, 

HTSUS, the applicable subheading 

under which each non-originating 

textile or apparel good is classified with 

the letter ‘‘S+’’ as a prefix to the 

subheadings of the HTSUS, and the 

certificate of eligibility number. The 

applicable subheadings in Chapter 98, 

HTSUS, are: 

(1) For goods described in paragraph 

(b)(1) of this section, subheadings 

9823.52.01 and 9823.53.01; 

(2) For goods described in paragraph 

(b)(2) of this section, subheadings 

9823.52.02, 9823.52.03, 9823.53.02; 

(3) For goods described in paragraph 

(b)(3) of this section, subheadings 

9823.52.04, 9823.52.05, 9823.52.06, 

9823.53.03, 9823.53.04, and 9823.53.05; 

and 

(4) For goods described in paragraph 

(b)(4) of this section, subheadings 

9823.52.07, 9823.52.08, and 9823.53.06. 

(d) Certificate of eligibility. An 

importer who makes a claim for 

preferential tariff treatment pursuant to 

paragraph (c) of this section must 

submit, at the request of CBP, a 

certificate of eligibility issued by an 

authorized official of the government of 

Mexico or Canada. The certificate of 

eligibility must contain information 

demonstrating that a good is eligible for 

a TPL claim as set forth in paragraph (b) 

of this section and to track allocation 

and use of a TPL. The certificate of 

eligibility must be transmitted 

electronically pursuant to any electronic 

means authorized by CBP for that 

purpose. 

(e) Post-importation claims. (1) Right 

to make a post-importation claim. 

Where a textile or apparel good would 

have qualified for preferential tariff 

treatment under paragraph (a) of this 

section when it was imported into the 

United States but no claim for 

preferential tariff treatment was made 

under paragraph (c) of this section, the 

importer of that good may file a claim 

for a refund of any excess customs 

duties at any time within one year after 

the date of importation of the good. As 

this post-importation claim is not filed 

in accordance with 19 U.S.C. 1520(d) or 

subpart D of this part, the claim must be 

filed in accordance with the procedures 

set forth in paragraph (e)(2) of this 

section. 

(2) Filing procedures. Postimportation claims under a TPL must be 

filed with the certificate of eligibility for 

the year the entry summary, or 

equivalent documentation, is accepted 

by CBP. Post-importation claims will 

not be granted if the quantitative limits 

for the subject TPL, as provided for in 

paragraph (b) of this section, are already 

met. 

(f) Denial of preferential tariff 

treatment. If the importer fails to 

comply with the requirements under 

this section, including the submission of 

a certificate of eligibility upon request 

in accordance with paragraph (d) of this 

section, or if the textile or apparel good 

is not eligible to make a TPL claim 

under paragraph (b) of this section, CBP 

may deny preferential tariff treatment to 

the textile or apparel good. 

(g) Verifications. CBP will conduct a 

verification of a textile or apparel good 

claiming USMCA preferential tariff 

treatment under a TPL pursuant to the 

means and procedures in either subpart 

G of this part or § 182.83 of this subpart. 

■ 53. Add § 182.83 to subpart H to read 

as follows: 

§ 182.83 Verifications of textile and 

apparel goods. 

(a) Verification of textile and apparel 

goods. For textile and apparel goods, 

CBP has two alternative means of 

conducting a verification. CBP may 

conduct a verification for purposes of 

determining whether a textile and 

apparel good qualifies for preferential 

tariff treatment using any of the means 

described in § 182.72(a) of this part. 

Alternatively, as described in this 

section, CBP may conduct a site visit to 

the premises of the exporter or producer 

of textile or apparel goods in Mexico or 

Canada for the purpose of determining: 

(1) That a textile or apparel good 

qualifies for preferential tariff treatment; 

or 

(2) That customs offenses with regard 

to a textile or apparel good are occurring 

or have occurred. 

(b) Verification of a material during a 

site visit. When conducting a 

verification of a textile or apparel good 

imported into the United States, CBP 

may conduct a verification of the 

material that is used in the production 

of that good. A verification of a material 

producer may be conducted pursuant to 

the site visit procedures set forth in this 

section. With the exception of § 182.75, 

the provisions in this section also apply 

to the verification of a material and 

references to the term ‘‘producer’’ apply 

to a producer of a textile or apparel good 

or to a material producer. 

(c) Site visit procedures. (1) Consent 

required. Prior to conducting a site visit 

in Canada or Mexico pursuant to this 

section, CBP must obtain the consent of 

the exporter, producer, or a person 

having capacity to consent on behalf of 

the exporter or producer, either prior to 

the site visit or at the time of the site 

visit, to access the relevant records or 

facilities. CBP must, at the time of the 

request for consent, inform the exporter, 

producer, or person having the capacity 

to consent to a site visit of: 

(i) The legal authority for the visit; 

(ii) The specific purpose of the visit; 

and 

(iii) The names and titles of the U.S. 

officials performing the visit. 

(2) Failure to receive CBP on initial 

date. (i) If the exporter, producer, or a 

person having the capacity to consent 

on behalf of the exporter or producer is 

not able to receive CBP to carry out the 

site visit, the site visit will be conducted 

on the following business day unless: 

(A) CBP agrees otherwise; or 

(B) The exporter, producer, or person 

having the capacity to consent on behalf 

of the exporter or producer substantiates 

a valid reason acceptable to CBP for 

why the site visit cannot occur on the 

following business day. 

(ii) If the exporter, producer, or 

person having the capacity to consent 

on behalf of the exporter or producer, 

does not have a valid reason acceptable 

to CBP for why the site visit cannot take 

place on the following business day, 

CBP will consider any reasonable 

alternative proposed dates, taking into 

account the availability of relevant 

employees or facilities of the exporter or 

producer to be visited. After such 

consideration, CBP may deem consent 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6491 

for the site visit or access to the records 

or facilities to be denied. 

(3) Availability of records and 

facilities. During a site visit, CBP may 

request access to: 

(i) Records and facilities relevant to 

the claim for preferential tariff 

treatment; or 

(ii) Records and facilities relevant to 

the customs offenses being verified. 

(d) Right to request report of the site 

visit. The exporter or producer may 

request CBP’s written report of the 

results of the site visit. The exporter or 

producer must submit this request in 

writing to CBP. CBP will provide the 

exporter or producer the portions of the 

report that pertain to that exporter or 

producer, including any findings, 

subject to the confidentiality provisions 

in § 182.2 of this part. 

(e) Denial of preferential tariff 

treatment. CBP may deny preferential 

tariff treatment to any textile or apparel 

good imported or produced by the 

person that is the subject of the 

verification if CBP determines any of the 

following: 

(1) CBP determines, pursuant to a site 

visit conducted under this section, that 

it has not received sufficient 

information to determine that the textile 

or apparel good qualifies for preferential 

tariff treatment; 

(2) CBP determines that the textile or 

apparel good does not qualify for 

preferential tariff treatment, including 

failing to meet the rules of origin 

requirements in General Note 11, 

HTSUS, and Appendix A to this part, or 

the TPL requirements in § 182.82 of this 

subpart; 

(3) CBP is unable to determine, 

pursuant to a site visit conducted under 

paragraph (a)(2) of this section, that the 

exporter or producer is complying with 

applicable customs measures affecting 

trade in textile or apparel goods; 

(4) CBP is unable to conduct a site 

visit because access to or consent for the 

site visit is denied by the exporter, 

producer, or person having the capacity 

to consent on behalf of the exporter or 

producer; 

(5) The exporter, producer, or a 

person having the capacity to consent 

on behalf of the exporter or producer 

prevents CBP from completing the site 

visit on the initial date of the site visit 

and the exporter or producer does not 

provide an acceptable alternative date 

for the site visit; 

(6) The exporter, producer, or person 

having the capacity to consent on behalf 

of the exporter or producer fails to 

provide CBP with access to relevant 

documents or facilities during a site 

visit as required under § 182.83(c)(3) of 

this section; or 

(7) CBP determines that any other 

reason to deny a claim for preferential 

tariff treatment as set forth in 

§ 182.75(c)(2) of this part applies. 

(f) Intent to deny and determination 

of origin. After CBP conducts a site visit 

under this section, CBP will issue a 

determination of origin pursuant to the 

procedures set forth in § 182.75, with 

the exception of § 182.75(c)(1). If CBP 

conducts a site visit under this section 

and, as a result, intends to deny 

preferential tariff treatment to a textile 

or apparel good, it must, prior to issuing 

a determination of origin, issue an 

intent to deny pursuant to 

§ 182.75(c)(3). 

(g) Pattern of conduct for textile or 

apparel goods. Where the verification of 

identical textile or apparel goods by 

CBP indicates a pattern of conduct by an 

exporter or producer of false or 

unsupported representations that a 

textile or apparel good imported into the 

territory of the United States qualifies 

for preferential tariff treatment, CBP 

may withhold preferential tariff 

treatment to identical textile or apparel 

goods imported, exported, or produced 

by that person until it is demonstrated 

to CBP that those identical textile or 

apparel goods qualify for preferential 

tariff treatment. 

Subpart I—Automotive Goods 

■ 54. Add § 182.91 to read as follows: 

§ 182.91 Applicability. 

This subpart contains the additional 

requirements and procedures applicable 

only to automotive goods, including 

covered vehicles claiming USMCA 

preferential tariff treatment under 

§ 182.11(b) or § 182.32 of this part. 

Covered vehicles claiming USMCA 

preferential tariff treatment must also 

meet the requirements and follow the 

procedures contained in this part, 

including the requirements set forth in 

Appendix A of this part. This subpart 

contains the labor value content (LVC), 

steel purchasing, and aluminum 

purchasing requirements for covered 

vehicles (passenger vehicles, light 

trucks, and heavy trucks), the LVC, steel 

purchasing, and aluminum purchasing 

certification requirements and 

procedures, the motor vehicle averaging 

election requirements and procedures, 

the recordkeeping requirements, the 

verification procedures applicable to 

automotive goods, and additional 

reasons that CBP may deny preferential 

tariff treatment to covered vehicles. 

■ 55. Add § 182.92 to read as follows: 

§ 182.92 Claim for preferential tariff 

treatment for covered vehicles. 

(a) General. An importer may make a 

claim for USMCA preferential tariff 

treatment under § 182.11(b) or § 182.32 

of this part for a covered vehicle only 

if the requirements set forth in this part 

are met, including the certification of 

origin requirement in § 182.12 of this 

part, the LVC requirement in § 182.93 of 

this subpart, and the steel purchasing 

and aluminum purchasing requirements 

in § 182.94 of this subpart, and if the 

vehicle producer has complied with the 

LVC, steel purchasing, and aluminum 

purchasing certification requirements 

under §§ 182.95, 182.96, and 182.97 of 

this subpart. 

(b) Requirement to include vehicle 

certification unique identifier. An 

importer making a claim for USMCA 

preferential tariff treatment for a 

covered vehicle under § 182.11(b) of this 

part must include on the entry summary 

or equivalent documentation, or by the 

method specified for equivalent 

reporting via an authorized data 

interchange system, the unique 

identifier assigned by CBP for each of 

the LVC, steel purchasing, and 

aluminum purchasing certifications that 

forms the basis for the covered vehicle’s 

eligibility for preferential tariff 

treatment. An importer making a claim 

for USMCA preferential tariff treatment 

for a covered vehicle under § 182.32 of 

this part must include, in the postimportation claim, the unique identifier 

assigned by CBP for each of the LVC, 

steel purchasing, or aluminum 

purchasing certifications that forms the 

basis for the covered vehicle’s eligibility 

for preferential tariff treatment. 

■ 56. Add § 182.93 to read as follows: 

§ 182.93 Labor value content (LVC) 

requirement. 

(a) General. A covered vehicle is 

eligible for USMCA preferential tariff 

treatment only if the producer of the 

covered vehicle meets the LVC 

requirement, as set forth in General Note 

11(k)(vi), HTSUS, and section 18 of 

Appendix A to this part or, if the 

producer is subject to the alternative 

staging regime, General Note 11(k)(viii), 

HTSUS, and section 19 of Appendix A 

to this part. 

(b) Administering the LVC 

component. The Department of Labor 

(DOL) is responsible for implementing 

and administering the high-wage 

components of the LVC requirement. 

The DOL regulations that set forth 

information concerning the high-wage 

components of the LVC requirement and 

the applicable procedures are in 29 CFR 

part 810. CBP is responsible for 

determining whether a covered vehicle 


KHAMMOND on DSK9W7S144PROD with RULES5
6492 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

meets the LVC requirement generally, 

setting procedures for submitting the 

LVC certification, verifying the LVC 

requirement in conjunction with DOL, 

and determining whether a covered 

vehicle qualifies for USMCA 

preferential tariff treatment. CBP and 

DOL may exchange information as 

necessary to properly administer the 

LVC requirement, subject to the 

confidentiality provisions in § 182.2 of 

this part and the DOL regulations in 29 

CFR part 810. 

(c) LVC calculation. For the purpose 

of determining whether a covered 

vehicle meets the LVC requirement, the 

producer of the covered vehicle must 

calculate the LVC requirement pursuant 

to General Note 11(k)(vi), HTSUS, and 

section 18 of Appendix A to this part 

and the requirements for the high-wage 

components of the LVC requirement set 

forth in the DOL regulations at 29 CFR 

part 810. 

(d) Calculation periods. The producer 

of a covered vehicle may base the LVC 

calculation over the calculation periods 

set forth in either this paragraph or 

paragraph (e) of this section. The 

following calculation periods are 

provided for in section 18(19) of 

Appendix A to this part, and include: 

(1) The previous fiscal year of the 

producer; 

(2) The previous calendar year; 

(3) The quarter or month to date in 

which the vehicle is produced or 

exported; 

(4) The producer’s fiscal year to date 

in which the vehicle is produced or 

exported; or 

(5) The calendar year to date in which 

the vehicle is produced or exported. 

(e) Additional calculation periods. If 

the fiscal year of the producer of a 

covered vehicle begins after July 1, 

2020, but before July 1, 2021, the 

producer may base the LVC calculation 

over the period beginning on July 1, 

2020 and ending at the end of the 

following fiscal year, as provided for in 

sections 16(4) and 16(5) of Appendix A 

to this part. 

(1) Additional calculation periods 

applicable to all covered vehicles. For 

the period from July 1, 2020 to June 30, 

2023, the producer of a covered vehicle 

may base the LVC calculation over the 

following periods: 

(i) July 1, 2020 to June 30, 2021; 

(ii) July 1, 2021 to June 30, 2022; 

(iii) July 1, 2022 to June 30, 2023; and 

(iv) July 1, 2023 to the end of the 

producer’s fiscal year. 

(2) Additional calculation periods for 

heavy trucks. In addition to the 

calculation periods contained in 

paragraph (e)(1) of this section, the 

producer of a heavy truck may base the 

LVC calculation of a heavy truck over 

the following additional periods: 

(i) July 1, 2023 to June 30, 2024; 

(ii) July 1, 2024 to June 30, 2025; 

(iii) July 1, 2025 to June 30, 2026; 

(iv) July 1, 2026 to June 30, 2027; and 

(v) July 1, 2027 to the end of the 

producer’s fiscal year. 

(3) Calculation periods. When basing 

the LVC calculation over the additional 

calculation periods set forth in this 

paragraph, the producer may calculate: 

(i) Beginning on July 1 of the previous 

year and ending on June 30 of the 

current year, except for the additional 

calculation periods set forth in 

paragraph (e)(1)(iv) or (e)(2)(v) of this 

section when the period ends at the end 

of the producer’s fiscal year; or 

(ii) Beginning on July 1 of the current 

year and ending on June 30 of the 

following year, except for the additional 

calculation periods in paragraph 

(e)(1)(iv) or (e)(2)(v) of this section when 

the period ends at the end of the 

producer’s fiscal year. 

■ 57. Add § 182.94 to subpart I to read 

as follows: 

§ 182.94 Steel purchasing and aluminum 

purchasing requirements. 

(a) General. A covered vehicle is 

eligible for USMCA preferential tariff 

treatment only if the producer of the 

covered vehicle meets both the steel 

purchasing and the aluminum 

purchasing requirements, as set forth in 

General Note 11(k)(v), HTSUS, and 

section 17 of Appendix A to this part or, 

if the producer is subject to alternative 

staging regime, General Note 11(k)(viii), 

HTSUS, and section 19 of Appendix A 

of this part. 

(b) Steel and aluminum purchasing 

calculations. For the purpose of 

determining whether the producer of a 

covered vehicle has met the steel or 

aluminum purchasing requirement, the 

producer must calculate the steel and 

aluminum requirements pursuant to 

General Note 11(k)(v), HTSUS, and 

section 17 of Appendix A to this part. 

The producer may calculate the value of 

the steel and aluminum purchases using 

a method in section 17(6) of Appendix 

A to this part and may calculate the 

purchases of steel or aluminum on the 

basis of the categories set forth in in 

section 17(9) of Appendix A to this part. 

(c) Calculation periods. The producer 

of a covered vehicle may calculate the 

purchases of steel or aluminum over the 

calculation periods set forth in either 

this paragraph or paragraph (d) of this 

section. The following calculation 

periods are provided for in section 17(7) 

of Appendix A to this part, and include: 

(1) The previous fiscal year of the 

producer; 

(2) The previous calendar year; 

(3) The quarter or month to date in 

which the vehicle is exported; 

(4) The producer’s fiscal year to date 

in which the vehicle is exported; or 

(5) The calendar year to date in which 

the vehicle is exported. 

(d) Additional calculation periods. If 

the fiscal year of a producer begins after 

July 1, 2020, but before July 1, 2021, the 

producer of a covered vehicle may 

calculate the purchases of steel and 

aluminum over the period beginning on 

July 1, 2020 and ending at the end of the 

following fiscal year, as provided for in 

sections 16(4) and 16(5) of Appendix A 

to this part. 

(1) Additional calculation periods 

applicable to all covered vehicles. For 

the period from July 1, 2020 to June 30, 

2023, the producer of a covered vehicle 

may calculate the purchases of steel and 

aluminum over the following periods: 

(i) July 1, 2020 to June 30, 2021; 

(ii) July 1, 2021 to June 30, 2022; 

(iii) July 1, 2022 to June 30, 2023; and 

(iv) July 1, 2023 to the end of the 

producer’s fiscal year. 

(2) Additional calculation periods for 

heavy trucks. In addition to the 

calculation periods set forth in 

paragraph (d)(1) of this section, the 

producer of a heavy truck may calculate 

the purchases of steel and aluminum for 

a heavy truck over the additional 

following periods: 

(i) July 1, 2023 to June 30, 2024; 

(ii) July 1, 2024 to June 30, 2025; 

(iii) July 1, 2025 to June 30, 2026; 

(iv) July 1, 2026 to June 30, 2027; and 

(v) July 1, 2027 to the end of the 

producer’s fiscal year. 

(3) Calculation periods. When 

calculating the purchases of steel and 

aluminum over the additional 

calculation periods set forth in this 

paragraph, the producer may calculate: 

(i) beginning on July 1 of the previous 

year and ending on June 30 of the 

current year, except for the additional 

calculation periods set forth in 

paragraph (d)(1)(iv) or (d)(2)(v) of this 

section when the period ends at the end 

of the producer’s fiscal year; or 

(ii) beginning on July 1 of the current 

year and ending on June 30 of the 

following year, except for the additional 

calculation periods in paragraph 

(d)(1)(iv) or (d)(2)(v) of this section 

when the period ends at the end of the 

producer’s fiscal year. 

(e) Calculation periods may differ. 

The producer of a covered vehicle may 

choose different calculation periods for 

its steel purchasing calculation and 

aluminum purchasing calculation. 

■ 58. Add § 182.95 to subpart I to read 

as follows: 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6493 

§ 182.95 Labor value content (LVC) 

certification. 

(a) General. A covered vehicle is 

eligible for USMCA preferential tariff 

treatment only if the producer of the 

covered vehicle has certified to CBP that 

the production of the vehicle by the 

producer meets the LVC requirement, as 

described in § 182.93 of this subpart. 

The producer of the covered vehicle 

must have information in its possession 

in accordance with § 182.103(a) of this 

subpart that proves the accuracy of the 

calculations relied on for the LVC 

certification. 

(b) Submission of LVC certification for 

vehicles subject to an exemption or 

different requirements under an 

alternative staging regime. For covered 

vehicles that qualify as originating 

pursuant to an alternative staging 

regime, if the terms of the alternative 

staging regime specifically exempt the 

producer from the LVC requirement or 

contain different requirements than the 

LVC requirement set forth in § 182.93 of 

this subpart, the producer of the covered 

vehicle must submit to CBP a LVC 

certification that covers only those 

vehicles subject to the alternative 

staging regime pursuant to § 182.106(c) 

of this subpart. 

(c) LVC certification data elements. 

The LVC certification must include the 

information required by 29 CFR part 810 

and the following information: 

(1) Producer. The certifying vehicle 

producer’s name, corporate address 

(including country), Federal Employer 

Identification Number or alternative 

unique identification number of the 

producer’s choosing, such as a Business 

Number (BN) issued by the Canada 

Revenue Agency, Registro Federal de 

Contribuyentes (RFC) number issued by 

Mexico’s Tax Administration Service 

(SAT), Legal Entity Identifier (LEI) 

number issued by the Global Legal 

Entity Identifier Foundation (GLEIF), or 

an identification number issued to the 

person or enterprise by CBP, and a point 

of contact for the certifying vehicle 

producer; 

(2) Certifier. The name, title, address 

(including country), telephone number, 

and email address of the person 

completing the certification; 

(3) LVC calculation. The calculation 

used to determine that the production of 

covered vehicles specified under 

paragraph (c)(4) of this section meets the 

LVC requirement in General Note 

11(k)(vi), HTSUS, § 182.93(c) of this 

subpart, and Appendix A to this part. 

The calculation should include each of 

the elements described in the formula 

based on net cost, as set forth in section 

18(6)(a) of Appendix A to this part, or 

in the formula based on total annual 

purchase value, as set forth in section 

18(6)(b) of Appendix A to this part, and 

the resulting LVC percentage; 

(4) Vehicle category. The vehicle 

class, model line, and/or other category 

indicating the motor vehicles covered 

by the certification; 

(5) Calculation period. For the 

calculation provided in paragraph (c)(3) 

of this section, the calculation period 

over which the calculation is made, as 

specified in § 182.93(d) and (e) of this 

subpart; 

(6) Plant or facility information. The 

name, address, and Federal Employer 

Identification Number or alternative 

unique identification number of the 

producer’s choosing, such as a Business 

Number (BN) issued by the Canada 

Revenue Agency, Registro Federal de 

Contribuyentes (RFC) number issued by 

Mexico’s Tax Administration Service 

(SAT), Legal Entity Identifier (LEI) 

number issued by the Global Legal 

Entity Identifier Foundation (GLEIF), or 

an identification number issued to the 

person or enterprise by CBP, for each 

plant or facility the producer of the 

covered vehicle is relying on to meet the 

high-wage material and manufacturing 

expenditures component of the LVC 

requirement for the calculation 

provided in paragraph (c)(3) in this 

section; 

(7) Average hourly base wage rate. A 

statement that the average hourly base 

wage rate, calculated as required by 

DOL’s regulations at 29 CFR part 810, 

meets or exceeds US $16 per hour for 

each plant or facility identified in 

paragraph (c)(6) of this section; 

(8) High-wage transportation or 

related costs. If applicable, a statement 

that the producer is using high-wage 

transportation or related costs to meet 

the high-wage material and 

manufacturing expenditures 

component. If the producer is using 

high-wage transportation or related 

costs, the producer must identify the 

company name, address, and Federal 

Employer Identification Number or 

alternative unique identification 

number of the producer’s choosing, 

such as a Business Number (BN) issued 

by the Canada Revenue Agency, 

Registro Federal de Contribuyentes 

(RFC) number issued by Mexico’s Tax 

Administration Service (SAT), Legal 

Entity Identifier (LEI) number issued by 

the Global Legal Entity Identifier 

Foundation (GLEIF), or an identification 

number issued to the person or 

enterprise by CBP, for each company the 

producer used to calculate its high-wage 

transportation or related costs for the 

calculation provided in paragraph (c)(3) 

of this section; 

(9) High-wage technology 

expenditures credit. If applicable, a 

statement that the producer is using the 

high-wage technology expenditures 

credit to meet the LVC requirement for 

the calculation provided in paragraph 

(c)(3) of this section. If the producer is 

using the high-wage technology 

expenditures credit, a producer must 

identify the percentage the producer is 

claiming as a credit towards the total 

LVC requirement; and 

(10) High-wage assembly expenditures 

credit. If applicable, a statement that the 

producer is using the high-wage 

assembly expenditures credit to meet 

the LVC requirement for the calculation 

provided in paragraph (c)(3) of this 

section. If the producer is using the 

high-wage assembly expenditures 

credit, the producer must identify the 

following: 

(i) The name, address, and Federal 

Employer Identification Number (for 

U.S. plants) or alternative unique 

identification number of the producer’s 

choosing, such as a Business Number 

(BN) issued by the Canada Revenue 

Agency, Registro Federal de 

Contribuyentes (RFC) number issued by 

Mexico’s Tax Administration Service 

(SAT), Legal Entity Identifier (LEI) 

number issued by the Global Legal 

Entity Identifier Foundation (GLEIF), or 

an identification number issued to the 

person or enterprise by CBP, for the 

assembly plant the producer used to 

qualify for the high-wage assembly 

expenditures credit; and 

(ii) A statement that the average 

hourly base wage rate, calculated as 

required by DOL’s regulations at 29 CFR 

part 810, meets or exceeds US $16 per 

hour for the assembly plant used to 

qualify for the high-wage assembly 

expenditures credit. 

(11) Authorized signature, date and 

certifying statement. The certification 

must be signed and dated by the 

certifier and include the following 

certifying statement: ‘‘I certify that, for 

the vehicle category and over the 

relevant period indicated in this 

document, the producer has satisfied 

the LVC requirement as set out in 

General Note 11(k)(vi), HTSUS, section 

18 of the Uniform Regulations regarding 

Rules of Origin, and 19 CFR 182.93. The 

information in this document is true 

and accurate, and 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.’’ 

(d) Responsible official or agent. The 

LVC certification must be signed and 

dated by a responsible official of the 


KHAMMOND on DSK9W7S144PROD with RULES5
6494 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

producer, or by the producer’s 

authorized agent having knowledge of 

the relevant facts. 

(e) Language. The LVC certification 

must be completed in English, French, 

or Spanish. If the LVC certification is 

not in English, CBP may require the 

producer to submit an English 

translation of the certification. 

(f) Submission of LVC certification. 

The producer of the covered vehicle 

must submit the LVC certification to 

CBP through an authorized electronic 

data interchange system or other 

specified means at least 90 days prior to 

the beginning of the certification period 

described in paragraph (j) of this 

section. 

(g) Review of LVC certification to 

determine whether it is properly filed. 

After the producer of the covered 

vehicle submits the LVC certification to 

CBP pursuant to paragraphs (f) or (i) of 

this section, the LVC certification will 

be reviewed for omissions and errors to 

determine whether the certification has 

been properly filed. 

(1) Review for omissions and errors. 

DOL, in consultation with CBP, will 

review the LVC certification for 

omissions and errors to determine 

whether the certification has been 

properly filed. 

(2) LVC certification contains no 

omissions or errors. Upon a 

determination that the LVC certification 

contains no omissions or errors, CBP 

will provide written or electronic 

notification to the producer of the 

covered vehicle that the certification has 

been properly filed and is effective for 

the period specified in paragraph (j) of 

this section. 

(3) LVC certification contains 

omissions or errors. Upon a 

determination that the LVC certification 

contains an omission or error, CBP will 

provide written or electronic 

notification to the producer of the 

covered vehicle that an omission or 

error was discovered, provide a 

description of the omission or error, and 

that the producer has the right to submit 

a revised LVC certification. 

(i) Submission of revised LVC 

certification. Upon receipt of this 

notification that an omission or error 

was discovered, the producer must 

submit a revised certification or an 

explanation of why the producer 

believes the certification contains no 

omission or error to CBP within five 

business days. If no revised certification 

is submitted within the five business 

days, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that the certification 

has not been properly filed. 

(ii) Review of revised LVC 

certification. Upon a determination that 

the revised LVC certification contains 

no omissions or errors, CBP will provide 

written or electronic notification to the 

producer of the covered vehicle that the 

certification has been properly filed and 

is effective for the period specified in 

paragraph (j) of this section. Upon a 

determination that the revised LVC 

certification contains an omission or 

error, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that the certification 

was not properly filed. 

(h) Making a claim for USMCA 

preferential tariff treatment during 

review for omissions and errors period. 

If the LVC certification was filed by the 

required date, as specified in paragraph 

(f) of this section, an importer may make 

a claim for USMCA preferential tariff 

treatment under § 182.11(b) or § 182.32 

of this part for such covered vehicles 

during the period of review for 

omissions and errors, as described in 

paragraph (g) of this section, until the 

producer has received notice from CBP 

that the LVC certification that forms the 

basis for the covered vehicle’s eligibility 

for preferential tariff treatment has not 

been properly filed under paragraph 

(g)(3)(ii) of this section. If the producer 

receives notice that the LVC 

certification has not been properly filed 

under paragraph (g)(3)(ii) of this section, 

the producer must send a notification, 

with a copy to CBP, to any known 

importers of the covered vehicle of that 

determination within 30 days of receipt 

of the CBP notice. 

(i) Resubmission of the LVC 

certification upon determination that 

the LVC certification was not properly 

filed. Upon notification that the LVC 

certification has not been properly filed 

under paragraph (g)(3)(ii) of this section, 

the producer of the covered vehicle 

may, within 10 business days of 

receiving the notification, resubmit a 

new LVC certification to CBP. 

(1) Resubmission process. The 

producer must resubmit a new LVC 

certification to CBP pursuant to the 

means set forth in paragraph (f) of this 

section and CBP will use the review of 

omissions and errors process as 

described in paragraph (g) of this 

section to determine whether the new 

certification is properly filed. 

(2) Right to resubmit LVC 

certification. The producer may 

resubmit a new LVC certification for the 

same category and same calculation 

period up to two times per certification 

period, as described in this section. 

(3) Making a claim for USMCA 

preferential tariff treatment during 

resubmission period. Notwithstanding 

paragraph (h) of this section, if a 

producer chooses to resubmit the new 

LVC certification, an importer of the 

covered vehicle should not submit 

claims for USMCA preferential tariff 

treatment under § 182.11(b) or § 182.32 

of this part for such covered vehicles 

until the producer has received notice 

that the new certification that forms the 

basis for the covered vehicle’s eligibility 

for preferential tariff treatment has been 

properly filed. 

(j) Certification periods. (1) For an 

LVC calculation based on the previous 

fiscal year of the producer pursuant to 

§ 182.93(d)(1) of this subpart, the 

certification period begins on the first 

day of the following fiscal year of the 

producer. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles produced or exported, as the 

case may be, within that period; 

(2) For an LVC calculation based on 

the previous calendar year pursuant to 

§ 182.93(d)(2) of this subpart, the 

certification period begins on the first 

day of the following calendar year. If the 

certification is considered properly 

filed, the certification is effective for 

covered vehicles produced or exported, 

as the case may be, within that period; 

(3) For all other LVC calculation 

periods pursuant to § 182.93(d) of this 

subpart, the certification period begins 

on the first day of that calculation 

period. If the certification is considered 

properly filed, the certification is 

effective for covered vehicles produced 

or exported, as the case may be, within 

that period; 

(4) For an LVC calculation based on 

an additional calculation period 

calculated pursuant to § 182.93(e)(3)(i) 

of this subpart, the certification period 

begins on first day of the following 

period, meaning July 1 of the current 

year and ends on June 30 of the 

following year, except for the additional 

calculation periods in § 182.93(e)(1)(iv) 

or (e)(2)(v) when the certification period 

begins on the first day of the following 

fiscal year of the producer. If the 

certification is considered properly 

filed, the certification is effective for 

covered vehicles produced or exported, 

as the case may be, within that period; 

and 

(5) For an LVC calculation based on 

an additional calculation period 

calculated pursuant to § 182.93(e)(3)(ii) 

of this subpart, the certification period 

begins on the first day of that 

calculation period, meaning July 1 of 

the current year and ends on the last 

day of the calculation period, except for 

the additional calculation periods in 

§ 182.93(e)(1)(iv) or (e)(2)(v) when the 

certification period begins on the first 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6495 

day of the current fiscal year of the 

producer. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles produced or exported, as the 

case may be, within that period. 

(k) Request for modification of a 

properly filed LVC certification. The 

producer of the covered vehicle must 

request a modification of a properly 

filed LVC certification in the event of 

any material changes to the information 

contained in the certification that would 

affect its validity. 

(1) Submission process. The producer 

must submit a modification request to 

CBP by submitting a new certification 

through the means set forth in 

paragraph (f) of this section, along with 

a list of the material changes to the 

information contained in the 

certification and an explanation as to 

why the modification is necessary with 

respect to the validity of the 

certification. If CBP grants the 

modification request, DOL, in 

consultation with CBP, will review the 

new LVC certification to determine 

whether it is properly filed in 

accordance with the procedures set 

forth in paragraph (g) of this section. If 

CBP denies the modification request, 

CBP will provide written or electronic 

notification to the producer of the 

covered vehicle. 

(2) Resubmission process. The 

producer may resubmit the new 

certification, pursuant to the procedures 

in paragraph (i) of this section, upon a 

determination that the new certification 

was not properly filed. The producer 

may resubmit the new LVC certification 

up to two times in accordance with 

paragraph (i)(2) of this section. 

(3) Effective date of new LVC 

certification. If CBP determines that the 

new certification is properly filed under 

paragraph (g) or (i) of this section, the 

new certification supersedes the former 

certification and is effective for the 

period specified in paragraph (j) of this 

section. Within 30 days of receiving 

notice that the new certification has 

been properly filed, the producer must 

send a notification, with a copy to CBP, 

to any known importers of that 

determination. 

■ 59. Add § 182.96 to subpart I to read 

as follows: 

§ 182.96 Steel purchasing certification. 

(a) General. A covered vehicle is 

eligible for USMCA preferential tariff 

treatment only if the producer of the 

covered vehicle has certified to CBP that 

the production of the vehicle by the 

producer meets the steel purchasing 

requirement, as described in § 182.94 of 

this subpart. The producer of the 

covered vehicle must have information 

in its possession in accordance with 

§ 182.103(a) of this subpart that proves 

the accuracy of the calculations relied 

on for the steel purchasing certification. 

(b) Submission of steel purchasing 

certification for vehicles subject to an 

exemption or different requirements 

under an alternative staging regime. For 

covered vehicles that qualify as 

originating pursuant to an alternative 

staging regime, if the terms of the 

alternative staging regime specifically 

exempt the producer from the steel 

purchasing requirements or contain 

different requirements from the steel 

purchasing requirements set forth in 

§ 182.94 of this subpart, the producer of 

the covered vehicle must submit to CBP 

a steel purchasing certification that 

covers only those vehicles subject to the 

alternative staging regime pursuant to 

§ 182.106(c) of this subpart. 

(c) Steel purchasing certification data 

elements. The steel purchasing 

certification must include: 

(1) Producer. The producer of the 

covered vehicle’s name, address 

(including country), email address, 

telephone number, and any 

Manufacturers Identification Codes 

(MID), Federal Employer Identification 

Numbers (EIN), or Importer of Record 

Numbers (IOR) associated with the 

producer. The address of a producer 

provided under this paragraph is the 

place of production of the good in a 

USMCA country’s territory; 

(2) Certifier. The name, title, address 

(including country), telephone number, 

and email address of the person 

completing the certification; 

(3) Producer’s purchases of steel. The 

calculation used to determine that the 

producer of the covered vehicle has 

complied with the steel purchasing 

requirement in General Note 11(k)(v), 

HTSUS, and Appendix A to this part. 

The calculation should include the total 

value of the vehicle producer’s 

purchases at the corporate level of steel 

listed in Table S of Appendix A to this 

part in the territories of one or more of 

the USMCA countries, the total value of 

those purchases that qualify as 

originating goods, and the resulting 

percentage; 

(4) Vehicle category. For the 

calculation provided in paragraph (c)(3) 

of this section, the vehicle category for 

which the purchases are calculated, as 

specified in section 17(9) of Appendix 

A to this part; 

(5) Calculation periods. For the 

calculation provided in paragraph (c)(3) 

of this section, the calculation period 

over which the purchases are made, as 

specified in § 182.94(c) and (d) of this 

subpart; 

(6) Steel producer, service center, or 

distributor. The name and address 

(including country) for each steel 

producer, service center, or distributor 

relied upon in calculating the total 

value of purchases of steel that qualify 

as originating goods under paragraph 

(c)(3) of this section, and any 

Manufacturers Identification Codes 

(MID), Federal Employer Identification 

Numbers (EIN), or Importer of Record 

Numbers (IOR) associated with those 

entities; and 

(7) Authorized signature, date and 

certifying statement. The certification 

must be signed and dated by the 

certifier and include the following 

certifying statement: ‘‘I certify that, for 

the vehicle category and over the 

relevant period indicated in this 

document, the producer has satisfied 

the steel purchasing requirement as set 

out in General Note 11(k)(v), HTSUS, 

section 17 of the Uniform Regulations 

regarding Rules of Origin, and 19 CFR 

182.94. The information in this 

document is true and accurate, and 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.’’ 

(d) Responsible official or agent. The 

steel purchasing certification must be 

signed and dated by a responsible 

official of the producer, or by the 

producer’s authorized agent having 

knowledge of the relevant facts. 

(e) Language. The steel purchasing 

certification must be completed in 

English, French, or Spanish. If the 

certification is not in English, CBP may 

require the producer to submit an 

English translation of the certification. 

(f) Submission of steel purchasing 

certification. The producer of the 

covered vehicle must submit the steel 

purchasing certification to CBP through 

an authorized electronic data 

interchange system or other specified 

means at least 90 days prior to the 

beginning of the certification period 

described in paragraph (j) of this 

section. 

(g) Review of steel purchasing 

certification to determine whether it is 

properly filed. After the producer of the 

covered vehicle submits the steel 

purchasing certification to CBP 

pursuant to paragraph (f) or (i) of this 

section, CBP will review the 

certification for errors or omissions to 

determine whether the certification has 

been properly filed. 

(1) Steel purchasing certification 

contains no omissions or errors. If, upon 

review of the certification, CBP 

determines the certification contains no 


KHAMMOND on DSK9W7S144PROD with RULES5
6496 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

omissions or errors, CBP will provide 

written or electronic notification to the 

producer of the covered vehicle that the 

certification has been properly filed and 

is effective for the period specified in 

paragraph (j) of this section. 

(2) Steel purchasing certification 

contains omissions or errors. If, upon 

review of the certification, CBP 

determines that the certification 

contains an omission or error, CBP will 

provide written or electronic 

notification to the producer of the 

covered vehicle that an omission or 

error was discovered, provide a 

description of the omission or error, and 

that the producer has the right to submit 

a revised steel purchasing certification. 

(i) Submission of revised steel 

purchasing certification. Upon receipt 

of this notification that an omission or 

error was discovered, the producer must 

submit a revised certification or an 

explanation of why the producer 

believes the certification contains no 

omission or error to CBP within five 

business days. If no revised certification 

is submitted within the five business 

days, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that the certification 

has not been properly filed. 

(ii) Review of revised steel purchasing 

certification. Upon a determination that 

the revised steel purchasing certification 

contains no omissions or errors, CBP 

will provide written or electronic 

notification to the producer of the 

covered vehicle that the certification has 

been properly filed and is effective for 

the period specified in paragraph (j) of 

this section. Upon a determination that 

the revised steel purchasing certification 

contains an omission or error, CBP will 

provide written or electronic 

notification to the producer of the 

covered vehicle that the certification 

was not properly filed. 

(h) Making a claim for USMCA 

preferential tariff treatment during 

review for omissions and errors period. 

If the steel purchasing certification was 

filed by the required date, as specified 

in paragraph (f) of this section, an 

importer may make a claim for USMCA 

preferential tariff treatment under 

§ 182.11(b) or § 182.32 of this part for 

such covered vehicles during the period 

of review for omissions and errors, as 

described in paragraph (g) of this 

section, until the producer has received 

notice from CBP that the steel 

purchasing certification that forms the 

basis for the covered vehicle’s eligibility 

for preferential tariff treatment has not 

been properly filed under paragraph 

(g)(2)(ii) of this section. If the producer 

receives notice that the steel purchasing 

certification has not been properly filed 

under paragraph (g)(2)(ii) of this section, 

the producer must send a notification, 

with a copy to CBP, to any known 

importers of the covered vehicle of that 

determination within 30 days of receipt 

of the CBP notice. 

(i) Resubmission of the steel 

purchasing certification upon 

determination that the steel purchasing 

certification was not properly filed. 

Upon notification that the steel 

purchasing certification has not been 

properly filed under paragraph (g)(2)(ii) 

of this section, the producer of the 

covered vehicle may, within 10 business 

days of receiving the notification, 

resubmit a new steel purchasing 

certification to CBP. 

(1) Resubmission process. The 

producer must resubmit a new steel 

purchasing certification to CBP 

pursuant to the means set forth in 

paragraph (f) of this section and CBP 

will use the review of omissions and 

errors process as described in paragraph 

(g) of this section to determine whether 

the new certification is properly filed. 

(2) Right to resubmit steel purchasing 

certification. The producer may 

resubmit a new steel purchasing 

certification for the same category and 

same calculation period up to two times 

per certification period, as described in 

this section. 

(3) Making a claim for USMCA 

preferential tariff treatment during 

resubmission period. Notwithstanding 

paragraph (h) of this section, if a 

producer chooses to resubmit the new 

steel purchasing certification, an 

importer of the covered vehicle should 

not submit claims for USMCA 

preferential tariff treatment under 

§ 182.11(b) or § 182.32 of this part for 

such covered vehicles until the 

producer has received notice that the 

new certification that forms the basis for 

the covered vehicle’s eligibility for 

preferential tariff treatment has been 

properly filed. 

(j) Certification periods. (1) For a steel 

purchasing calculation based on the 

previous fiscal year of the producer 

pursuant to § 182.94(c)(1) of this 

subpart, the certification period begins 

on the first day of the following fiscal 

year of the producer. If the certification 

is considered properly filed, the 

certification is effective for covered 

vehicles produced within that period; 

(2) For a steel purchasing calculation 

based on the previous calendar year 

pursuant to § 182.94(c)(2) of this 

subpart, the certification period begins 

on the first day of the following 

calendar year. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles produced within that period; 

(3) For all other steel purchasing 

calculation periods pursuant to 

§ 182.94(c) of this subpart, the 

certification period begins on the first 

day of that calculation period. If the 

certification is considered properly 

filed, the certification is effective for 

covered vehicles exported within that 

period; 

(4) For a steel purchasing calculation 

based on an additional calculation 

period calculated pursuant to 

§ 182.94(d)(3)(i) of this subpart, the 

certification period begins on first day 

of the following period, meaning July 1 

of the current year and ends on June 30 

of the following year, except for the 

additional calculation periods in 

§ 182.94(d)(1)(iv) or (d)(2)(v) when the 

certification period begins on the first 

day of the following fiscal year of the 

producer. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles produced within that period; 

and 

(5) For a steel purchasing calculation 

based on an additional calculation 

period calculated pursuant to 

§ 182.94(d)(3)(ii) of this subpart, the 

certification period begins on the first 

day of that calculation period, meaning 

July 1 of the current year and ends on 

the last day of the calculation period, 

except for the additional calculation 

periods in § 182.94(d)(1)(iv) or (d)(2)(v) 

when the certification period begins on 

the first day of the current fiscal year of 

the producer. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles exported within that period. 

(k) Request for modification of a 

properly filed steel purchasing 

certification. The producer of the 

covered vehicle must request a 

modification of a properly filed steel 

purchasing certification in the event of 

any material changes to the information 

contained in the certification that would 

affect its validity. 

(1) Submission process. The producer 

must submit a modification request to 

CBP by submitting a new certification 

through the means set forth in 

paragraph (f) of this section, along with 

a list of the material changes to the 

information contained in the 

certification and an explanation as to 

why the modification is necessary with 

respect to the validity of the 

certification. If CBP grants the 

modification request, CBP will review 

the new steel purchasing certification to 

determine whether it is properly filed in 

accordance with the procedures set 

forth in paragraph (g) of this section. If 

CBP denies the modification request, 

CBP will provide written or electronic 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6497 

notification to the producer of the 

covered vehicle. 

(2) Resubmission process. The 

producer may resubmit the new 

certification, pursuant to the procedures 

in paragraph (i) of this section, upon a 

determination that the new certification 

was not properly filed. The producer 

may resubmit the new steel purchasing 

certification up to two times in 

accordance with paragraph (i)(2) of this 

section. 

(3) Effective date of new steel 

purchasing certification. If CBP 

determines that the new certification is 

properly filed under paragraph (g) or (i) 

of this section, the new certification 

supersedes the former certification and 

is effective for the period specified in 

paragraph (j) of this section. Within 30 

days of receiving notice that the new 

certification has been properly filed, the 

producer must send a notification, with 

a copy to CBP, to any known importers 

of that determination. 

■ 60. Add § 182.97 to subpart I to read 

as follows: 

§ 182.97 Aluminum purchasing 

certification. 

(a) General. A covered vehicle is 

eligible for USMCA preferential tariff 

treatment only if the producer of the 

covered vehicle has certified to CBP that 

the production of the vehicle by the 

producer meets the aluminum 

purchasing requirement, as described in 

§ 182.94 of this subpart. The producer of 

the covered vehicle must have 

information in its possession in 

accordance with § 182.103(a) of this 

subpart that proves the accuracy of the 

calculations relied on for the aluminum 

purchasing certification. 

(b) Submission of aluminum 

purchasing certification for vehicles 

subject to an exemption or different 

requirements under an alternative 

staging regime. For covered vehicles 

that qualify as originating pursuant to 

an alternative staging regime, if the 

terms of the alternative staging regime 

specifically exempt the producer from 

the aluminum purchasing requirements 

or contain different requirements from 

the aluminum purchasing requirements 

set forth in § 182.94 of this subpart, the 

producer of the covered vehicle must 

submit to CBP an aluminum purchasing 

certification that covers only those 

vehicles subject to the alternative 

staging regime pursuant to § 182.106(c) 

of this subpart. 

(c) Aluminum purchasing 

certification data elements. The 

aluminum purchasing certification must 

include: 

(1) Producer. The producer of the 

covered vehicle’s name, address 

(including country), email address, 

telephone number, and any 

Manufacturers Identification Codes 

(MID), Federal Employer Identification 

Numbers (EIN), or Importer of Record 

Numbers (IOR) associated with the 

producer. The address of a producer 

provided under this paragraph is the 

place of production of the good in a 

USMCA country’s territory; 

(2) Certifier. The name, title, address 

(including country), telephone number, 

and email address of the person 

completing the certification; 

(3) Producer’s purchase of aluminum. 

The calculation used to determine that 

the producer of the covered vehicle has 

complied with the aluminum 

purchasing requirement in General Note 

11(k)(v), HTSUS, and Appendix A to 

this part. The calculation should 

include the total value of the vehicle 

producer’s purchases at the corporate 

level of aluminum listed in Table S of 

Appendix A to this part in the territories 

of one or more of the USMCA countries, 

the total value of those purchases that 

qualify as originating goods, and the 

resulting percentage; 

(4) Vehicle category. For the 

calculation provided in paragraph (c)(3) 

of this section, the vehicle category for 

which the purchases are calculated, as 

specified in section 17(9) of Appendix 

A to this part; 

(5) Calculation periods. For the 

calculation provided in paragraph (c)(3) 

of this section, the calculation period 

over which the purchases are made, as 

specified in § 182.94(c) and (d) of this 

subpart; 

(6) Aluminum producer, service 

center, or distributor. The name and 

address (including country) for each 

aluminum producer, service center, or 

distributor relied upon in calculating 

the total value of purchases of 

aluminum that qualify as originating 

goods under paragraph (c)(3) of this 

section, and any Manufacturers 

Identification Codes (MID), Federal 

Employer Identification Numbers (EIN), 

or Importer of Record Numbers (IOR) 

associated with those entities; and 

(7) Authorized signature, date and 

certifying statement. The certification 

must be signed and dated by the 

certifier and include the following 

certifying statement: ‘‘I certify that, for 

the vehicle category and over the 

relevant period indicated in this 

document, the producer has satisfied 

the aluminum purchasing requirement 

as set out in General Note 11(k)(v), 

HTSUS, section 17 of the Uniform 

Regulations regarding Rules of Origin, 

and 19 CFR 182.94. The information in 

this document is true and accurate, and 

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.’’ 

(d) Responsible official or agent. The 

aluminum purchasing certification must 

be signed and dated by a responsible 

official of the producer, or by the 

producer’s authorized agent having 

knowledge of the relevant facts. 

(e) Language. The aluminum 

purchasing certification must be 

completed in English, French, or 

Spanish. If the certification is not in 

English, CBP may require the producer 

to submit an English translation of the 

certification. 

(f) Submission of aluminum 

purchasing certification. The producer 

of the covered vehicle must submit the 

aluminum purchasing certification to 

CBP through an authorized electronic 

data interchange system or other 

specified means at least 90 days prior to 

the beginning of the certification period 

described in paragraph (j) of this 

section. 

(g) Review of aluminum purchasing 

certification to determine whether it is 

properly filed. After the producer of the 

covered vehicle submits the aluminum 

purchasing certification to CBP 

pursuant to paragraph (f) or (i) of this 

section, CBP will review the 

certification for errors or omissions to 

determine whether the certification has 

been properly filed. 

(1) Aluminum purchasing 

certification contains no omissions or 

errors. If, upon review of the 

certification, CBP determines the 

certification contains no omissions or 

errors, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that the certification 

has been properly filed and is effective 

for the period specified in paragraph (j) 

of this section. 

(2) Aluminum purchasing 

certification contains omissions or 

errors. If, upon review of the 

certification, CBP determines that the 

certification contains an omission or 

error, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that an omission or 

error was discovered, provide a 

description of the omission or error, and 

that the producer has the right to submit 

a revised aluminum purchasing 

certification. 

(i) Submission of revised aluminum 

purchasing certification. Upon receipt 

of this notification that an omission or 

error was discovered, the producer must 

submit a revised certification or an 

explanation of why the producer 

believes the certification contains no 


KHAMMOND on DSK9W7S144PROD with RULES5
6498 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

omission or error to CBP within five 

business days. If no revised certification 

is submitted within the five business 

days, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that the certification 

has not been properly filed. 

(ii) Review of revised aluminum 

purchasing certification. Upon a 

determination that the revised 

aluminum purchasing certification 

contains no omissions or errors, CBP 

will provide written or electronic 

notification to the producer of the 

covered vehicle that the certification has 

been properly filed and is effective for 

the period specified in paragraph (j) of 

this section. Upon a determination that 

the revised aluminum purchasing 

certification contains an omission or 

error, CBP will provide written or 

electronic notification to the producer of 

the covered vehicle that the certification 

was not properly filed. 

(h) Making a claim for USMCA 

preferential tariff treatment during 

review for omissions and errors period. 

If the aluminum purchasing certification 

was filed by the required date, as 

specified in paragraph (f) of this section, 

an importer may make a claim for 

USMCA preferential tariff treatment 

under § 182.11(b) or § 182.32 of this part 

for such covered vehicles during the 

period of review for omissions and 

errors, as described in paragraph (g) of 

this section, until the producer has 

received notice from CBP that the 

aluminum purchasing certification that 

forms the basis for the covered vehicle’s 

eligibility for preferential tariff 

treatment has not been properly filed 

under paragraph (g)(2)(ii) of this section. 

If the producer receives notice that the 

aluminum purchasing certification has 

not been properly filed under paragraph 

(g)(2)(ii) of this section, the producer 

must send a notification, with a copy to 

CBP, to any known importers of the 

covered vehicle of that determination 

within 30 days of receipt of the CBP 

notice. 

(i) Resubmission of the aluminum 

purchasing certification upon 

determination that the aluminum 

purchasing certification was not 

properly filed. Upon notification that 

the aluminum purchasing certification 

has not been properly filed under 

paragraph (g)(2)(ii) of this section, the 

producer of the covered vehicle may, 

within 10 business days of receiving the 

notification, resubmit a new aluminum 

purchasing certification to CBP. 

(1) Resubmission process. The 

producer must resubmit a new 

aluminum purchasing certification to 

CBP pursuant to the means set forth in 

paragraph (f) of this section and CBP 

will use the review of omissions and 

errors process as described in paragraph 

(g) of this section to determine whether 

the new certification is properly filed. 

(2) Right to resubmit aluminum 

purchasing certification. The producer 

may resubmit a new aluminum 

purchasing certification for the same 

category and same calculation period up 

to two times per certification period, as 

described in this section. 

(3) Making a claim for USMCA 

preferential tariff treatment during 

resubmission period. Notwithstanding 

paragraph (h) of this section, if a 

producer chooses to resubmit the new 

aluminum purchasing certification, an 

importer of the covered vehicle should 

not submit claims for USMCA 

preferential tariff treatment under 

§ 182.11(b) or § 182.32 of this part for 

such covered vehicles until the 

producer has received notice that the 

new certification that forms the basis for 

the covered vehicle’s eligibility for 

preferential tariff treatment has been 

properly filed. 

(j) Certification periods. (1) For an 

aluminum purchasing calculation based 

on the previous fiscal year of the 

producer pursuant to § 182.94(c)(1) of 

this subpart, the certification period 

begins on the first day of the following 

fiscal year of the producer. If the 

certification is considered properly 

filed, the certification is effective for 

covered vehicles produced within that 

period; 

(2) For an aluminum purchasing 

calculation based on the previous 

calendar year pursuant to § 182.94(c)(2) 

of this subpart, the certification period 

begins on the first day of the following 

calendar year. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles produced within that period; 

(3) For all other aluminum purchasing 

calculation periods pursuant to 

§ 182.94(c) of this subpart, the 

certification period begins on the first 

day of that calculation period. If the 

certification is considered properly 

filed, the certification is effective for 

covered vehicles exported within that 

period; 

(4) For an aluminum purchasing 

calculation based on an additional 

calculation period calculated pursuant 

to § 182.94(d)(3)(i) of this subpart, the 

certification period begins on first day 

of the following period, meaning July 1 

of the current year and ends on June 30 

of the following year, except for the 

additional calculation periods in 

§ 182.94(d)(1)(iv) or (d)(2)(v) when the 

certification period begins on the first 

day of the following fiscal year of the 

producer. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles produced within that period; 

and 

(5) For an aluminum purchasing 

calculation based on an additional 

calculation period calculated pursuant 

to § 182.94(d)(3)(ii) of this subpart, the 

certification period begins on the first 

day of that calculation period, meaning 

July 1 of the current year and ends on 

the last day of the calculation period, 

except for the additional calculation 

periods in § 182.94(d)(1)(iv) or (d)(2)(v) 

when the certification period begins on 

the first day of the current fiscal year of 

the producer. If the certification is 

considered properly filed, the 

certification is effective for covered 

vehicles exported within that period. 

(k) Request for modification of a 

properly filed aluminum purchasing 

certification. The producer of the 

covered vehicle must request a 

modification of a properly filed 

aluminum purchasing certification in 

the event of any material changes to the 

information contained in the 

certification that would affect its 

validity. 

(1) Submission process. The producer 

must submit a modification request to 

CBP by submitting a new certification 

through the means set forth in 

paragraph (f) of this section, along with 

a list of the material changes to the 

information contained in the 

certification and an explanation as to 

why the modification is necessary with 

respect to the validity of the 

certification. If CBP grants the 

modification request, CBP will review 

the new aluminum purchasing 

certification to determine whether it is 

properly filed in accordance with the 

procedures set forth in paragraph (g) of 

this section. If CBP denies the 

modification request, CBP will provide 

written or electronic notification to the 

producer of the covered vehicle. 

(2) Resubmission process. The 

producer may resubmit the new 

certification, pursuant to the procedures 

in paragraph (i) of this section, upon a 

determination that the new certification 

was not properly filed. The producer 

may resubmit the new aluminum 

purchasing certification up to two times 

in accordance with paragraph (i)(2) of 

this section. 

(3) Effective date of new aluminum 

purchasing certification. If CBP 

determines that the new certification is 

properly filed under paragraph (g) or (i) 

of this section, the new certification 

supersedes the former certification and 

is effective for the period specified in 

paragraph (j) of this section. Within 30 

days of receiving notice that the new 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6499 

certification has been properly filed, the 

producer must send a notification, with 

a copy to CBP, to any known importers 

of that determination. 

■ 61. Add § 182.98 to subpart I to read 

as follows: 

§ 182.98 Appeal of the determination that 

LVC, steel purchasing, or aluminum 

purchasing certification is not properly 

filed. 

(a) Producer of a covered vehicle’s 

right to appeal. If, following the review 

of the second resubmission of the 

vehicle certification pursuant to 

§§ 182.95(i)(2), 182.96(i)(2), and 

182.97(i)(2) of this subpart, CBP 

determines that the vehicle certification 

is not properly filed as provided in 

§§ 182.95(g)(3)(ii), 182.96(g)(2)(ii), and 

182.97(g)(2)(ii) of this subpart, the 

producer of the covered vehicle may file 

a written appeal. This filing cannot be 

made unless the producer utilized both 

opportunities for resubmission of a 

vehicle certification and the producer 

has received notification from CBP that 

the resubmitted certification has not 

been properly filed. The determination 

as to whether a vehicle certification is 

properly filed does not qualify as a 

matter subject to protest under part 174 

of this chapter. 

(b) Appeal of not properly filed 

determination. Upon receipt of 

notification that the vehicle certification 

is not properly filed, following the 

second resubmission of the vehicle 

certification pursuant to §§ 182.95(i)(2), 

182.96(i)(2), and 182.97(i)(2) of this 

subpart, the producer of the covered 

vehicle may file a written appeal to CBP 

Headquarters, Trade Policy and 

Programs, Office of Trade. This filing 

must be received by CBP within 14 days 

of the producer of the covered vehicle 

receiving the notification that, following 

the second resubmission, the 

certification was not properly filed. The 

Office of Trade will review the not 

properly filed determination and will 

render a written decision on the appeal 

within 30 days after receipt of the 

appeal. When an appeal involves DOL’s 

review of the LVC certification for 

omissions and errors, CBP will 

coordinate with DOL regarding the 

appeal as necessary. 

(c) Making a claim for USMCA 

preferential tariff treatment during 

appeal period. If a producer of the 

covered vehicle chooses to appeal the 

determination that a vehicle 

certification is not properly filed under 

this section, an importer of the covered 

vehicle may not submit claims for 

USMCA preferential tariff treatment 

under § 182.11(b) or § 182.32 of this part 

for such covered vehicles until the 

producer has received notice that the 

vehicle certification that forms the basis 

for the covered vehicle’s eligibility for 

preferential tariff treatment has been 

properly filed. 

§ 182.99 [Reserved] 

■ 62. Add and reserve § 182.99 to 

subpart I. 

■ 63. Add § 182.100 to subpart I to read 

as follows: 

§ 182.100 Motor vehicle averaging 

elections. 

(a) RVC averaging. For the purpose of 

calculating the regional value content 

(RVC) of a covered vehicle, the producer 

of the vehicle may elect to average the 

RVC calculation. The producer must 

comply with all the RVC averaging 

provisions set forth in section 16 of 

Appendix A to this part to elect RVC 

averaging. 

(1) RVC averaging categories. The 

producer of a covered vehicle may elect 

to average its RVC calculation using any 

of the categories provided for in section 

16(1) of Appendix A to this part, on the 

basis of either all motor vehicles in the 

category or only those motor vehicles in 

the category that are exported to the 

territory of one or more of the other 

USMCA countries: 

(i) The same model line of motor 

vehicles in the same class of vehicles 

produced in the same plant in the 

territory of a USMCA country; 

(ii) The same class of motor vehicles 

produced in the same plant in the 

territory of a USMCA country; 

(iii) The same model line or same 

class of motor vehicles produced in the 

territory of a USMCA country; or 

(iv) Any other category as the USMCA 

countries may decide. 

(2) RVC averaging periods. For 

purposes of calculating the RVC of a 

covered vehicle, the calculation may be 

averaged over the producer’s fiscal year. 

If the fiscal year of a producer begins 

after July 1, 2020, but before July 1, 

2021, the producer may base the RVC 

calculation over the period beginning on 

July 1, 2020 and ending at the end of the 

following fiscal year, as provided for in 

section 16(4) and 16(5) of Appendix A 

to this part. 

(i) RVC averaging periods applicable 

to all covered vehicles. For the period 

from July 1, 2020 to June 30, 2023, the 

producer of a covered vehicle may base 

the RVC calculation over the following 

periods: 

(A) July 1, 2020 to June 30, 2021; 

(B) July 1, 2021 to June 30, 2022; 

(C) July 1, 2022 to June 30, 2023; and 

(D) July 1, 2023 to the end of the 

producer’s fiscal year. 

(ii) Additional RVC averaging periods 

for heavy trucks. In addition to the 

calculation periods set forth in 

paragraph (a)(2) of this section, a 

producer of a heavy truck may base the 

RVC calculation of a heavy truck over 

the additional following periods: 

(A) July 1, 2023 to June 30, 2024; 

(B) July 1, 2024 to June 30, 2025; 

(C) July 1, 2025 to June 30, 2026; 

(D) July 1, 2026 to June 30, 2027; and 

(E) July 1, 2027 to the end of the 

producer’s fiscal year. 

(3) Election to average. A producer of 

a covered vehicle who elects to average 

its RVC calculation must file an 

averaging election with CBP pursuant to 

paragraph (c) of this section. 

(b) LVC averaging. For purposes of 

calculating the LVC of a covered 

vehicle, the producer of the vehicle may 

elect to average the LVC calculation. 

The producer must comply with all the 

LVC averaging provisions set forth in 

section 18 of Appendix A to this part to 

elect LVC averaging. 

(1) LVC averaging categories. The 

producer of a covered vehicle may elect 

to average its LVC calculation using any 

of the categories provided for in section 

18(15) of Appendix A to this part, on 

the basis of either all motor vehicles in 

the category or only those motor 

vehicles in the category that are 

exported to the territory of one or more 

of the other USMCA countries. 

(2) LVC averaging periods. For 

purposes of calculating the LVC of a 

covered vehicle, the calculation may be 

averaged over the calculation periods as 

described in § 182.93(d) and (e) of this 

subpart. 

(3) Election to average. A producer of 

a covered vehicle who elects to average 

its LVC calculation must file an 

averaging election with CBP pursuant to 

paragraph (c) of this section. 

(c) Filing of RVC and LVC averaging 

elections. If the producer of a covered 

vehicle elects to average its RVC or LVC 

calculations, the producer must file an 

RVC or LVC averaging election with 

CBP via an authorized electronic data 

interchange system or other specified 

means at least 10 days before the first 

day of the producer’s fiscal year during 

which the vehicles will be exported, or 

such shorter period as CBP may accept. 

(d) RVC averaging election required 

data elements. When filing an RVC 

averaging election pursuant to 

paragraph (c) of this section, the 

averaging election must include: 

(1) Producer. The producer of the 

covered vehicle’s name, address 

(including country), email address, and 

telephone number; 

(2) Averaging period. The period with 

respect to which the election is made 

pursuant to paragraph (a)(2) of this 


KHAMMOND on DSK9W7S144PROD with RULES5
6500 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

section, including the starting and 

ending dates; 

(3) Averaging category. The averaging 

category chosen by the producer 

pursuant to paragraph (a)(1) of this 

section; 

(4) Vehicles to be averaged. The 

model name, the model line (if the 

averaging category under section 

16(1)(a) or 16(1)(c) of Appendix A to 

this part is chosen), class of motor 

vehicle, and tariff classification of the 

motor vehicles in that category; 

(5) Location of the plant. The 

location(s) of the plant at which the 

motor vehicles are produced; 

(6) Basis of calculation. Whether the 

basis of the calculation is all vehicles in 

that category chosen by the producer or 

only those vehicles in that category that 

are exported to the territory of one or 

more of the other USMCA countries; 

(7) Basis of regional value content. 

The basis of the calculation in 

determining the estimated RVC of motor 

vehicles pursuant to paragraph (a) of 

this section; and 

(8) Authorized signature and date. 

The authorized officer’s name, title, 

address (including country), telephone 

number, email address, signature, and 

date. 

(e) LVC averaging election required 

data elements. When filing an LVC 

averaging election pursuant to 

paragraph (c) of this section, the 

averaging election must include: 

(1) Producer. The producer’s name, 

address (including country), email 

address, and telephone number; 

(2) Averaging period. The period with 

respect to which the election is made 

pursuant to paragraph (b)(2) of this 

section, including the starting and 

ending dates; 

(3) Averaging category. The averaging 

category chosen by the producer 

pursuant to paragraph (b)(1) of this 

section; 

(4) Vehicles to be averaged. The 

model name, the model line (if the 

averaging category under section 

18(15)(a) and 18(15)(c) of Appendix A to 

this part is chosen), class of motor 

vehicle, and tariff classification of the 

motor vehicles in that category; 

(5) Location of the plant. The 

location(s) of the plant at which the 

motor vehicles are produced; 

(6) Basis of calculation. Whether the 

basis of the calculation is all vehicles in 

that category chosen by the producer or 

only those vehicles in that category that 

are exported to the territory of one or 

more of the other USMCA countries; 

(7) Estimated LVC and net cost. The 

estimated LVC and net cost of vehicles 

in that category with respect to the basis 

of calculation ; and 

(8) Authorized signature and date. 

The authorized officer’s name, title, 

address (including country), telephone 

number, email address, signature, and 

date. 

(f) Cost submission for motor vehicles. 

A producer of a covered vehicle who 

files an RVC or LVC averaging election 

pursuant to paragraph (c) of this section 

must submit, at the request of CBP, a 

cost submission reflecting the actual 

costs incurred in the production of the 

category of motor vehicles for which the 

election was made. The requested cost 

submission must be submitted to CBP 

within 180 calendar days after the close 

of the producer’s fiscal year or within 60 

days from the date on which the request 

was made, whichever is later. 

■ 64. Add § 182.101 to subpart I to read 

as follows: 

§ 182.101 Averaging for other automotive 

goods. 

(a) Automotive parts. For the purpose 

of calculating the RVC of an automotive 

good provided for in section 16(10) of 

Appendix A to this part, the producer 

of the automotive good may average its 

RVC calculation pursuant to the 

provisions set forth in sections 16(5) 

and 16(10) of Appendix A to this part. 

(b) Other vehicles. For the purpose of 

calculating the RVC of a motor vehicle 

provided for in sections 20(2) or (3) of 

Appendix A to this part, the producer 

of the automotive good may average its 

RVC calculation pursuant to the 

provisions set forth in sections 16(5) 

and section 20(6) of Appendix A to this 

part. 

(c) Averaging election not required. 

The producer of the automotive good is 

not required to file an RVC averaging 

election with CBP when averaging the 

RVC pursuant to this section. 

■ 65. Add § 182.102 to subpart I to read 

as follows: 

§ 182.102 Required year-end reconciliation 

to actual costs when estimated costs or 

purchases used. 

(a) Year-end reconciliation required. 

(1) RVC and LVC. When the producer of 

a covered vehicle has calculated the 

RVC or LVC of its vehicles on the basis 

of estimated costs, including standard 

costs, budgeted forecasts or other 

similar estimating procedures, before or 

during the producer’s fiscal year, the 

producer must conduct a reconciliation 

at the end of the producer’s fiscal year 

to the actual costs incurred over the 

period with respect to the production of 

the vehicle, irrespective of whether the 

producer filed an averaging election 

pursuant to § 182.100 of this subpart. 

(2) Steel and aluminum purchases. 

When the producer of a covered vehicle 

has calculated steel and aluminum 

purchases on the basis of estimates 

before or during the applicable period, 

the producer must conduct a 

reconciliation at the end of the 

producer’s fiscal year to the actual 

purchases made over the period with 

respect to the production of the vehicle. 

(b) Notification. If, based on the yearend reconciliation performed under 

paragraph (a) of this section, the covered 

vehicle does not satisfy the RVC or LVC 

requirement on the basis of the actual 

costs, or the steel or aluminum 

purchasing requirement on the basis of 

the actual purchases, the producer must, 

within 30 days of making that 

determination: 

(1) Provide written notification to CBP 

that the vehicle is a non-originating 

good; and 

(2) Inform any person to whom the 

producer has provided a certification of 

origin for the vehicle, or a written 

statement that the vehicle is an 

originating good, that the vehicle is a 

non-originating good. 

■ 66. Add § 182.103 to subpart I to read 

as follows: 

§ 182.103 Producer and exporter 

recordkeeping responsibilities for records 

relating to LVC, steel purchasing, and 

aluminum purchasing requirements. 

(a) Producer recordkeeping 

responsibilities. A producer of a covered 

vehicle whose good is subject to a claim 

for USMCA preferential tariff treatment 

must make and keep, for a minimum of 

five years from the date that the vehicle 

certifications were submitted to CBP, 

the LVC certification, the steel 

purchasing certification, the aluminum 

purchasing certification, and all records 

and supporting documents that the 

producer of the covered vehicle has to 

demonstrate whether the covered 

vehicle meets the LVC, steel purchasing, 

and aluminum purchasing 

requirements. The records must be 

capable of being retrieved upon lawful 

request or demand by CBP. The 

producer of the covered vehicle must 

also maintain any records related to the 

high-wage components of the LVC 

requirement as required by DOL 

pursuant to 29 CFR part 810, and 

produce such records to DOL upon 

request. 

(b) Exporter who completed the 

certification of origin recordkeeping 

responsibilities. An exporter who 

completed the certification of origin for 

a covered vehicle must keep, for a 

minimum of five years from the date 

that the certification of origin was 

completed, the LVC certification, the 

steel purchasing certification, the 

aluminum purchasing certification, and 


KHAMMOND on DSK9W7S144PROD with RULES5
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 6501 

all records and supporting documents 

that the exporter has to demonstrate 

whether the covered vehicle meets the 

LVC, steel purchasing, and aluminum 

purchasing requirements. The records 

must be capable of being retrieved upon 

lawful request or demand by CBP. The 

exporter must also maintain any records 

related to the high-wage components of 

the LVC requirement as required by 

DOL pursuant to 29 CFR part 810, and 

produce such records to DOL upon 

request. 

■ 67. Add § 182.104 to subpart I to read 

as follows: 

§ 182.104 Importer’s responsibility to 

maintain records relating to LVC, steel 

purchasing, and aluminum purchasing 

requirements. 

(a) General. In addition to any other 

records that the importer is required to 

prepare, maintain, or make available to 

CBP under this part or under part 163 

of this chapter, an importer claiming 

USMCA preferential tariff treatment for 

a covered vehicle has additional 

recordkeeping responsibilities. The 

extent of the importer’s recordkeeping 

responsibilities depends on whether the 

importer completed the certification of 

origin. 

(1) Claims based on certification of 

origin completed by the exporter or 

producer. If the claim for USMCA 

preferential tariff treatment is based on 

a certification of origin completed by 

the exporter or producer, the importer 

must maintain, for a minimum of five 

years from the date of importation of the 

covered vehicle, any records and 

supporting documents in the importer’s 

possession relating to the LVC, steel 

purchasing, and aluminum purchasing 

certifications that formed the basis for 

the covered vehicle’s eligibility for 

USMCA preferential tariff treatment; or 

(2) Claims based on certification of 

origin completed by the importer. If the 

claim for USMCA preferential tariff 

treatment is based on a certification of 

origin completed by the importer, the 

importer must maintain, for a minimum 

of five years from the date of 

importation of the covered vehicle, the 

LVC certification, the steel purchasing 

certification, the aluminum purchasing 

certification, and all records and 

supporting documents to demonstrate 

whether the covered vehicle meets the 

LVC, steel purchasing, and aluminum 

purchasing requirements. The importer 

must also maintain any records related 

to the high-wage components of the LVC 

requirement as required by DOL 

pursuant to 29 CFR part 810, and 

produce such records to DOL upon 

request. 

(b) Method of maintenance. The 

records referred to in paragraph (a) of 

this section must be maintained by 

importers as provided in § 163.5 of this 

chapter. 

(c) Relation to other recordkeeping 

requirements. Nothing in this section 

precludes compliance with any other 

applicable recordkeeping or reporting 

requirements, including, but not limited 

to, any recordkeeping requirements set 

forth in this chapter, and the DOL 

regulations at 29 CFR part 810. 

■ 68. Add § 182.105 to subpart I to read 

as follows: 

§ 182.105 Verification of automotive 

goods. 

(a) General. CBP will initiate all 

verifications of automotive goods, 

including covered vehicles, pursuant to 

the means set forth in § 182.72(a) of this 

part. The general verification and 

determination provisions set forth in 

subpart G of this part and the provisions 

contained in this section are applicable 

for automotive good verifications. 

(b) Verification of a part, component, 

or material of a covered vehicle. When 

conducting a verification of a covered 

vehicle imported into the United States, 

CBP may conduct a verification of the 

parts, components, or materials used in 

the production of that covered vehicle. 

This verification will be conducted in 

conjunction with DOL, if applicable. A 

verification of a part, component, or 

material producer may be conducted 

pursuant to any of the verification 

means set forth in § 182.72(a) of this 

part. With the exception of § 182.73(c) 

and § 182.75, the provisions in subpart 

G of this part apply to the verification 

of a part, component, or material, and, 

with the exception of paragraph (d)(1) of 

this section, the provisions in this 

section also apply to the verification of 

a part, component, or material. 

References to the term ‘‘producer’’ in 

this section apply to a producer of a 

covered vehicle or to a part, component, 

or material producer. 

(c) Availability of records—(1) 

Verification of a covered vehicle. During 

a verification of a covered vehicle, the 

importer, exporter, and producer must 

make all records that they are required 

to maintain pursuant to this part, 

including §§ 182.103 and 182.104 of this 

subpart, and the DOL regulations at 29 

CFR part 810, available for inspection 

by a CBP or DOL official conducting a 

verification. With respect to records 

related to vehicle certifications, an 

importer, whose claim is based on a 

certification of origin completed by the 

exporter or producer, must only make 

those records in the importer’s 

possession, as described in § 182.104, 

available for inspection by a CBP or 

DOL official conducting a verification. 

CBP may deny the claim for preferential 

tariff treatment of the covered vehicle 

for failure to maintain the records 

required by CBP or DOL or for denying 

a CBP or DOL official access to these 

records. 

(2) Verification of a part, component, 

or material of a covered vehicle. During 

the verification of a part, component, or 

material used in the production of a 

covered vehicle, any records in the part, 

component, or material producer’s 

possession related to whether the part, 

component, or material qualifies as 

originating must be made available for 

inspection by a CBP or DOL official 

conducting a verification. CBP may 

consider the part, component, or 

material that is used in the production 

of the covered vehicle and is the subject 

of the verification to be a nonoriginating part, component, or material 

if a CBP or DOL official is denied access 

to these records. 

(d) Verification of the high-wage 

components of the LVC requirement. 

When conducting a verification of a 

covered vehicle involving the high-wage 

components of the LVC requirement, 

CBP will conduct the verification in 

conjunction with DOL. DOL is 

responsible, pursuant to 19 U.S.C. 

4532(e) and the DOL requirements and 

procedures in 29 CFR part 810, for 

conducting the verification of the highwage components of the LVC 

requirement and determining whether 

the covered vehicle meets the high-wage 

components of the LVC requirement. 

CBP is responsible for verifying all other 

aspects of the LVC requirement not 

covered by DOL, including the annual 

purchase value and cost components of 

the high-wage material and 

manufacturing expenditures, and is 

ultimately responsible for determining 

whether the covered vehicle meets the 

LVC requirement, the requirements in 

this part, and whether the covered 

vehicle qualifies for USMCA 

preferential treatment. 

(1) Producer notification. When CBP 

initiates a verification of a covered 

vehicle and that verification involves 

determining whether the covered 

vehicle meets the LVC requirement, CBP 

will notify the producer of the covered 

vehicle, through one of the 

communication means specified in 

§ 182.73(d)(2) of this part, that CBP has 

initiated a verification of the covered 

vehicle and advise whether DOL will 

verify the high-wage components of the 

LVC requirement, subject to the 

confidentiality provisions in § 182.2 of 

this part and the DOL’s regulations at 29 

CFR part 810. 


KHAMMOND on DSK9W7S144PROD with RULES5
6502 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

(2) Determinations of origin involving 

the LVC requirement. When issuing a 

determination of origin pursuant to 

§ 182.75 of this part, CBP will determine 

whether the covered vehicle meets the 

LVC requirement and qualifies for 

preferential tariff treatment based in 

part on DOL’s determination of whether 

the covered vehicle complied with the 

high-wage components of the LVC 

requirement and DOL’s verification 

findings and analysis. 

(e) Protests. An importer, exporter, or 

producer, who has the right to file a 

protest pursuant to § 174.12(a)(6) of this 

chapter, may protest a CBP 

determination of origin under part 174 

of this chapter. When a protest involves 

DOL’s analysis of the high-wage 

components of the LVC requirement, 

CBP will coordinate with DOL regarding 

the review of the protest and accelerated 

disposition of the protest will not be 

available pursuant to § 174.22 of this 

chapter. DOL is responsible, pursuant to 

19 U.S.C. 4532(e)(6)(A), for conducting 

an administrative review of its initial 

analysis pursuant to DOL’s regulations 

at 29 CFR part 810 and providing a 

determination containing the results of 

the administrative review to CBP. CBP 

will review and act on the protest 

pursuant to the procedures and 

requirements set forth in part 174 of this 

chapter. 

■ 69. Add § 182.106 to subpart I to read 

as follows: 

§ 182.106 Alternative staging regime. 

(a) General. Pursuant to General Note 

11(k)(viii), HTSUS, Appendix A to this 

part, and as may be further provided for 

in subchapter XXIII of chapter 99 of the 

HTSUS, a covered vehicle may be 

originating pursuant to an alternative 

staging regime. A covered vehicle is 

only eligible for USMCA preferential 

tariff treatment under an alternative 

staging regime provided that: 

(1) Use of the alternative staging 

regime has been authorized by the 

Office of the U.S. Trade Representative 

(USTR); 

(2) USTR has not made a 

determination that the producer of the 

covered vehicle failed to meet the 

requirements for use of an alternative 

staging regime under 19 U.S.C. 

4532(d)(5); 

(3) The alternative staging regime 

period is in effect; 

(4) The terms of the alternative staging 

regime petition, as authorized by the 

USTR, are met; and 

(5) The covered vehicle meets the 

requirements in this part, including the 

requirements in this subpart, unless the 

terms of the alternative staging regime 

specifically exempt the producer from 

these requirements or contain different 

requirements. 

(b) Verifications. CBP will conduct a 

verification of a covered vehicle subject 

to an alternative staging regime 

pursuant to the same procedures that 

govern other covered vehicles as set 

forth in § 182.105 of this subpart. 

(c) Vehicle certifications for covered 

vehicles subject to an exemption or 

different requirements under an 

alternative staging regime. For covered 

vehicles that qualify as originating 

pursuant to an alternative staging 

regime, if the terms of the alternative 

staging regime specifically exempt the 

producer from the LVC, steel 

purchasing, or aluminum purchasing 

requirement, or contain different 

requirements from sections 13 through 

18 of Appendix A to this part, then the 

producer must submit to CBP a vehicle 

certification for that requirement that 

covers only those vehicles subject the 

alternative staging regime. In addition to 

meeting all other requirements set forth 

in §§ 182.95, 182.96, and 182.97 of this 

subpart, as applicable, with the 

exception of §§ 182.95(c)(11), 

182.96(c)(7), and 182.97(c)(7), a 

producer’s vehicle certification 

submitted pursuant to this paragraph 

must include the following additional 

information: 

(1) A list of the vehicles covered by 

the alternative staging regime; 

(2) A description of the applicable 

exemption or different requirements as 

provided under the alternative staging 

regime; and 

(3) An authorized signature, date, and 

the following certifying statement: ‘‘I 

certify that, for the vehicles listed and 

over the relevant period indicated in 

this document, the producer has 

satisfied the requirements of the 

alternative staging regime as set out in 

General Note 11(k)(viii), HTSUS, section 

19 of the Uniform Regulations regarding 

Rules of Origin, 19 CFR 182.106, and 

under the terms authorized by the Office 

of the U.S. Trade Representative 

(USTR). The information in this 

document is true and accurate, and 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.’’ 

■ 70. Add § 182.107 to subpart I to read 

as follows: 

§ 182.107 Denial of preferential tariff 

treatment of covered vehicles. 

CBP may deny any claim for 

preferential tariff treatment of any 

covered vehicle if: 

(a) CBP determines that the good does 

not qualify for preferential tariff 

treatment due to a failure to meet the 

LVC, steel purchasing, or aluminum 

purchasing requirements set forth in 

General Note 11, HTSUS, Appendix A 

to this part, or §§ 182.93 and 182.94 of 

this subpart; 

(b) The producer of the covered 

vehicle fails to submit the required LVC, 

steel purchasing, or aluminum 

purchasing certifications to CBP, 

pursuant to §§ 182.95, 182.96, and 

182.97 of this subpart; 

(c) CBP determines that an LVC, steel 

purchasing, or aluminum purchasing 

certification that forms the basis for a 

covered vehicle’s eligibility for USMCA 

preferential tariff treatment is not 

properly filed pursuant to §§ 182.95, 

182.96, and 182.97 of this subpart; 

(d) CBP determines that an LVC, steel 

purchasing, or aluminum purchasing 

certification that forms the basis for a 

covered vehicle’s eligibility for USMCA 

preferential tariff treatment is invalid 

after it was determined to be properly 

filed; 

(e) The importer, exporter, or 

producer fails to maintain records of the 

vehicle certifications and supporting 

documents as required pursuant to 

§§ 182.103 and 182.104 of this subpart; 

(f) The importer, exporter, or producer 

fails to provide a CBP or DOL official 

the records or documentation that are in 

its possession or required to be 

maintained pursuant to § 182.105(c) of 

this subpart; or 

(g) CBP determines that any other 

reason to deny a claim for preferential 

tariff treatment as set forth in 

§ 182.75(c)(2) of this part applies. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2025–00550 Filed 1–16–25; 8:45 am] 

BILLING CODE 9111–14–P 


KHAMMOND on DSK9W7S144PROD with RULES5