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Chapter 10 - Denial of Benefits

In some instances, the importing country's customs administration may choose to deny NAFTA benefits for failure to comply with its customs regulations. Examples of conduct which may result in the denial of preferential treatment include:

  • failure to provide a certificate of origin for commercial importations with NAFTA line items valued in the U.S. at $2,500; in Canada at C$1,600; and in Mexico at US $1,000 or less, when there are reasonable grounds for believing that the importation forms part of a series of importations carried out with the purpose of evading the certification of origin requirement;
  • failure by the person who signed a Certificate of Origin to consent in writing to a verification visit during the 30 days after notice of an intent to conduct such a visit is sent.

A country may also deny benefits once its customs administration verifies that a good does not qualify as originating. Where two or more verifications indicate a pattern of conduct by an exporter or a producer of false or unsupported representations that a good qualifies as originating, the customs administration of the importing country may withhold preferential tariff treatment from identical goods exported or produced by that person, until compliance with the rules of origin is established.

Last modified: 
May 14, 2014
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