PAPERWORK REDUCTION ACT NOTICE: This Information is needed to carry out the
terms of the North American Free Trade Agreement (NAFTA). NAFTA requires that, upon
request, an importer must provide Customs with proof of the exporter’s written
certification of the origin of the goods. The certification is essential to substantiate
compliance with the rules of origin under the Agreement. You are required to give us this
information to obtain a benefit.
The estimated average burden associated with this collection of information is 15 minutes
recordkeeper depending on individual circumstances. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden
should be directed to U.S. Customs Service, Paperwork Management Branch. Washington
DC 20229. DO NOT send completed form(s) to this office.
NORTH AMERICAN FREE TRADE AGREEMENT CERTIFICATE OF ORIGIN INSTRUCTIONS
For purposes of obtaining preferential tariff treatment, this document must be completed legibly and in full by the exporter and be in the
possession of the importer at the time the declaration is made. This document may also be completed voluntarily by the producer for use by
the exporter. Please print or type:
FIELD 1: State the full legal name, address (including country) and legal tax identification number of the exporter. Legal taxation number is: in Canada, employer
number or importer/exporter number assigned by Revenue Canada; in Mexico, federal taxpayer's registry number (RFC); and in the United States, employer's
identification number or Social Security Number.
FIELD 2: Complete field if the Certificate covers multiple shipments of identical goods as described in Field # 5 that are imported into a NAFTA country for a specified
period of up to one year (the blanket period). "FROM" is the date upon which the Certificate becomes applicable to the good covered by the blanket
Certificate (it may be prior to the date of signing this Certificate). "TO" is the date upon which the blanket period expires. The importation of a good for which
preferential treatment is claimed based on this Certificate must occur between these dates.
FIELD 3: State the full legal name, address (including country) and legal tax identification number, as defined in Field #1, of the producer. If more than one producer's
good is included on the Certificate, attach a list of additional producers, including the legal name, address (including country) and legal tax identification
number, cross-referenced to the good described in Field #5. If you wish this information to be confidential, it is acceptable to state ‘Available to Customs
upon request’. If the producer and the exporter are the same, complete field with "SAME". If the producer is unknown, it is acceptable to state "UNKNOWN".
FIELD 4: State the full legal name, address (including country) and legal tax identification number, as defined in Field #1, of the importer. If the importer is not known,
state "UNKNOWN"; if multiple importers, state "VARIOUS".
FIELD 5: Provide a full description of each good. The description should be sufficient to relate it to the invoice description and to the Harmonized System (H.S.)
description of the good. If the Certificate covers a single shipment of a good, include the invoice number as shown on the commercial invoice. If not known,
indicate another unique reference number, such as the shipping order number.
FIELD 6: For each good described in Field #5, identify the H.S. tariff classification to six digits. If the good is subject to a specific rule of origin in Annex 401 that
requires eight digits, identify to eight digits, using the H.S. tariff classification of the country into whose territory the good is imported.
FIELD 7: For each good described in Field #5, state which criterion (A through F) is applicable. The rules of origin are contained in Chapter Four and Annex 401.
Additional rules are described in Annex 703.2 (certain agricultural goods), Annex 300-B, Appendix 6 (certain textile goods) and Annex 308.1 (certain
automatic data processing goods and their parts). NOTE: In order to be entitled to preferential tariff treatment, each good must meet at least one of the
criteria below.
Preference Criteria
A.) The good is "wholly obtained or produced entirely" in the territory of one or more of the NAFTA countries as referenced in Article 415. Note: The purchase
of a good in the territory does not necessarily render it "wholly obtained or produced". If the good is an agricultural good, see also criterion F and Annex
703.2. (Reference: Article 401(a) and 415)
B.) The good is produced entirely in the territory of one or more of the NAFTA countries and satisfies the specific rule of origin, set out in Annex 401, that applies
to its tariff classification. The rule may include a tariff classification change, regional value-content requirement, or a combination thereof. The good must
also satisfy all other applicable requirements of Chapter Four. If the good is an agricultural good, see also criterion F and Annex 703.2. (Reference: Article
401(b))
C.) The good is produced entirely in the territory of one or more of the NAFTA countries exclusively from originating materials. Under this criterion, one or more
of the materials may not fall within the definition of "wholly produced or obtained", as set out in Article 415. All materials used in the production of the good
must qualify as "originating" by meeting the rules of Article 401 (a) through (d). If the good is an agricultural good, see also criterion F and Annex 703,2.
(Reference: Article 401(c)).
D.) Goods are produced in the territory of one or more of the NAFTA countries but do not meet the applicable rule of origin, set out in Annex 401, because
certain non-originating materials do not undergo the required change in tariff classification. The goods do nonetheless meet the regional value-content
requirement specified in Article 401 (d). This criterion is limited to the following two circumstances:
1. The good was imported into the territory of a NAFTA country in an unassembled or disassembled form but was classified as an assembled good,
pursuant to H.S. General Rule of Interpretation 2(a), or
2. The good incorporated one or more non-originating materials, provided for as parts under the H.S., which could not undergo a change in tariff
classification because the heading provided for both the good and its parts and was not further subdivided into subheadings, or the subheading
provided for both the good and its parts and was not further subdivided.
NOTE: This criterion does not apply to Chapters 61 through 63 of the H.S. (Reference: Article 401(d))
E.) Certain automatic data processing goods and their parts, specified in Annex 308.1, that do not originate in the territory are considered originating upon
importation into the territory of a NAFTA country from the territory of another NAFTA country when the most-favored-nation tariff rate of the good conforms
to the rate established in Annex 308.1 and is common to all NAFTA countries. (Reference: Annex 308. 1)
F.) The good is an originating agricultural good under preference criterion A, B, or C above and is not subject to a quantitative restriction in the importing
NAFTA country because it is a "qualifying good" as defined in Annex 703.2, Section A or B (please specify). A good listed in Appendix 703.2B.7 is also
exempt from quantitative restrictions and is eligible for NAFTA preferential tariff treatment if it meets the definition of "qualifying good" in Section A of
Annex 703.2. NOTE 1: This criterion does not apply to goods that wholly originate In Canada or the United States and are imported into either country.
NOTE 2: A tariff rate quota is not a quantitative restriction.
FIELD 8: For each good described in Field #5, state "YES" if you are the producer of the good. If you are not the producer of the good, state "NO" followed by (1),
(2), or (3), depending on whether this certificate was based upon: (1) your knowledge of whether the good qualifies as an originating good; (2) your reliance
on the producers written representation (other than a Certificate of Origin) that the good qualifies as an originating good; or (3) a completed and signed
Certificate for the good, voluntarily provided to the exporter by the producer.
FIELD 9: For each good described in field #5, where the good is subject to a regional value content (RVC) requirement, indicate "NC" if the RVC is calculated
according to the net cost method; otherwise, indicate "NO". If the RVC is calculated over a period of time, further identity the beginning and ending dates
(DD/MM/YY) of that period. (Reference: Articles 402.1, 402.5).
FIELD 10: Identify the name of the country ("MX" or "US" for agricultural and textile goods exported to Canada; "US" or "CA" for all goods exported to Mexico; or
"CA" or "MX" for all goods exported to the United States) to which the preferential rate of customs duty applies, as set out in Annex 302.2, in accordance
with the Marking Rules or in each party's schedule of tariff elimination.
For all other originating goods exported to Canada, indicate appropriately "MX" or "US" if the goods originate in that NAFTA country, within the meaning
of the NAFTA Rules of Origin Regulations, and any subsequent processing in the other NAFTA country does not increase the transaction value of the goods
by more than seven percent; otherwise "JNT" for joint production. (Reference: Annex 302.2)
FIELD 11: This field must be completed, signed, and dated by the exporter. When the Certificate is completed by the producer for use by the exporter it must be
completed, signed, and dated by the producer. The date must be the date the Certificate was completed and signed.
Customs form 434 (040397) (Back)
