border.bot
Esc
  • Loading…
↑ ↓ to move↵ to openEsc to close
Docs menu
DevelopersGuides

HS codes

Origin and trade agreements

NAFTA and what replaced it

NAFTA ran from 1994 until USMCA replaced it on 1 July 2020. What changed for importers, and the rules and documents that still mention NAFTA today.

Updated · 6 official sources

NAFTA, the North American Free Trade Agreement between the United States, Canada and Mexico, applied from 1 January 1994 and terminated on 30 June 2020. USMCA replaced it on 1 July 2020, so US preference for Canadian and Mexican goods entered since then can be claimed only under USMCA.

What changed when USMCA replaced NAFTA?#

USMCA replaced NAFTA's claim, its paperwork and many of its origin rules on 1 July 2020. Claims use the SPI S or S+ instead of NAFTA's CA and MX, the NAFTA Certificate of Origin (CBP Form 434) is no longer accepted, and the origin rules for vehicles and parts got stricter.

NAFTA USMCA
SPI on the entry CA, MX S, S+
Proof of origin CBP Form 434, the NAFTA Certificate of Origin A certification with nine data elements, in any format, completed by the importer, exporter or producer
Rules of origin General Note 12, deleted on 1 July 2021 General Note 11
CBP regulations 19 CFR part 181 19 CFR part 182

The details of the current rules, including the nine data elements, are in the USMCA guide.

Where does NAFTA still show up?#

NAFTA still shows up in a few US rules and in plenty of trade paperwork. CBP's NAFTA regulations, 19 CFR part 181, remain in force for goods entered before 1 July 2020, the HTS keeps a placeholder note and lists NAFTA's codes in one statistical note, and suppliers still send "NAFTA certificates" out of habit.

  • Part 181 governs claims, verifications and drawback for goods entered for consumption before 1 July 2020, and part 182 points back to it for those entries. CBP keeps its NAFTA page for information only.
  • The HTS keeps General Note 12 as a placeholder that reads "North American Free Trade Agreement", marked deleted on 1 July 2021 and superseded by General Note 11. Its general statistical notes also still list NAFTA's CA and MX indicators among the programs whose goods are exempt from the merchandise processing fee.
  • A "NAFTA certificate" a supplier sends today doesn't support a claim. Ask for a USMCA certification with the nine data elements instead, or certify yourself as importer if you hold the evidence; certificates of origin compares the kinds of proof.
  • Fields and clauses named "NAFTA" in contracts and product data usually mean USMCA now, but the origin rules behind them changed in 2020, so a good that qualified under NAFTA needs checking again against USMCA's rule for its tariff line. The country of origin finder helps establish where it was made, and the US trade agreements page lists every agreement in force.

Common questions#

Is NAFTA still in effect?#

No. NAFTA terminated on 30 June 2020 and USMCA replaced it on 1 July 2020. Its rules apply only to goods entered before that date.

Can I still use a NAFTA certificate of origin?#

No. CBP no longer accepts CBP Form 434 for claims under USMCA; a USMCA claim needs a certification with the nine data elements of the agreement's Annex 5-A.

Does a good that qualified under NAFTA qualify under USMCA?#

Not necessarily. USMCA has its own product-specific rules in HTS General Note 11, and they are stricter for vehicles and parts, so check each tariff line again.

Sources#