FTA certificates or declarations should only be issued if your property is qualified for ESTV. Not all FTA agreements require specific forms. There is a special NAFTA certificate (CBP 434) for qualified shipments to Canada and Mexico. Many other FTA partners may accept declarative statements containing certain data elements, including information about how the product qualifies for an FTA. However, importers may continue to require exporters to use a particular format. While the form/format is optional, the information is required to allow the importer to apply for preferential tariff treatment. Always communicate with your buyer and shipper/carrier on the required documentation. Detailed requirements for the certification of free trade agreements for claims for preferential tariff treatment under the free trade agreement are generally set out in the Chapter on Rules of Origin (ROO). There are three ways to find the specific ROO chapter for a specific FTA partner, read the where to find your rules of origin section in the FTA rules of origin article. Certificates should not be provided just because someone is asking.
You should only present a certificate if the product meets the requirements of the FTA. The product must be evaluated and qualified for each free trade agreement based on its specific rules of origin. Many are similar, sometimes identical, but everyone needs to be examined. The benefits of free trade agreements are not transferable. Just because a product may be eligible for a free trade agreement does not necessarily mean that it must be the case for another FTA (or that a product may qualify under another rule). Therefore, exporters should not use the same certificate for shipments to different FTA countries. FTA certificates/declarations are certified by a party that is aware of the transaction. In general, it is the exporter of the product. The exporter may or may not be the producer. However, the manufacturer is in the best position to have the necessary knowledge about the qualification of a product according to the rules of origin (ROO), as highlighted in the FTA article. Therefore, a producer may be asked to obtain an FTA certificate or declaration, even if he is not the exporter. FTA Certificate/Declarations are optional.
They can continue to ship products to ASA partner countries without qualifying for the FTA preference. However, if the importer plans to benefit from the ESTV preference, you must provide the information to the buyer in the form of a CO or a declaration. Any exporting party may require an FHA certificate/declaration. For example, a U.S. producer may be solicited by an exporter (if the exporter is not the manufacturer), by a distributor, an importer, or a customs authority. Certificates can be intended for one or more specific shipments. Certificates issued for several batches contain a range of dates, i.e. the “framework period”, during which the certification is valid. The duration of the package can last a maximum of 365 days. Certificates may contain either products currently being dispatched or contain a list of all authorised products that may be dispatched during the period covered. . .