June 22, 2020 – Customs and Border Protection’s (CBP’s) Free Trade Agreement Reconciliation program will be available for use under the United States-Mexico-Canada Agreement (USMCA), which enters into force on July 1, 2020. However, the rules are changing.
Whereas under the North American Free Trade Agreement (NAFTA), the Merchandise Processing Fee (MPF) is refundable, under the USMCA, the fee will not be refunded on post-import claims, including those entered using CBP’s Reconciliation program.
The United States Congress is trying to get this changed, but until then, MPF will not be refunded on post-import claims.
Reconciliation process once USMCA is in effect
Until the USMCA enters into force, the North American Free Trade Agreement (NAFTA) requirements remain in effect.
Upon implementation of the USMCA, CBP will require separate Reconciliation Entries for goods that that fall under the USMCA (entered on July 1st of after) and for goods that fall under NAFTA (entered before July 1st). This will help ensure the MPF is refunded when applicable.
Where to find more information
For more information, please refer to CBP’s updated USMCA Interim Implementation Instructions, found in Cargo System Messaging Service (CSMS) 43062320.
You can also visit CBP’s USMCA page, which includes pending updates, such as: General Note 11 to the Harmonized Tariff Schedule of the U.S (HTSUS), the Customs Regulations found in Title 19, Chapter 182 (19 CFR 182), and Frequently Asked Questions.
If you have any questions regarding the USMCA Livingston can help! Please see our USMCA page, contact your Livingston account manager, or email our regulatory affairs group at usregaffairs@livingstonintl.com.