USMCA rules of origin: what the U.S. Customs CF28 is

What the CF28 is

The CBP Form 28, called a "Request for Information", is a formal request for information issued by U.S. Customs and Border Protection when the invoice or other documentation submitted is not enough to verify the value, the tariff classification or compliance with the conditions of a preferential treatment. It is addressed to the importer, who as a rule has thirty days to respond in full. It is not a penalty in itself, but a request for clarification.

Where it can lead

When the response is insufficient, arrives late or goes unanswered, Customs may issue a CF29, "Notice of Action", formalizing a change in the classification, the value or the treatment applied, which may translate into the collection of additional duties. That is why it is worth attending to the CF28 seriously: it is the moment when the importer shows, with documentation, that the operation complies with what was declared.

Its relation to USMCA origin

Through the CF28, Customs often requests proof of eligibility for the preferential treatment, that is, the USMCA certification of origin and its support. The formal origin verification is a separate procedure, governed by Article 5.9 of the treaty and 19 CFR 182.72 and following, but in practice the CF28 tends to be the first contact preceding a broader review. Answering it well reduces the chance that the matter escalates.

What the certification of origin must contain

The USMCA certification of origin does not require a specific format, but it must include the nine minimum data elements set out in Article 5.2 and Annex 5-A of the treaty: the identity of the certifier, the exporter, the producer and the importer; the description and tariff classification of the goods; the applicable origin criterion; the period it covers, of up to twelve months; and the signature and date with the corresponding declaration. Unlike NAFTA, the USMCA also allows the certification to be issued by the importer, in addition to the exporter or the producer. Having that documentation assembled before exporting is what makes it possible to answer a CF28 without setbacks.