CUSMA (Canada-United States-Mexico Agreement) (Customs Glossary)
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🔖 This article is part of the Customs Glossary Guide |
USMCA / CUSMA / T-MEC
The modernized free trade agreement between the United States, Mexico, and Canada that replaced NAFTA.
Overview
The United States-Mexico-Canada Agreement (USMCA) is a trilateral free trade agreement that modernized the 25-year-old NAFTA. It entered into force on July 1, 2020, governing the vast majority of trade between the three nations.
Naming Conventions: The agreement is referred to differently in each jurisdiction:
- United States: USMCA (United States-Mexico-Canada Agreement)
- Canada: CUSMA (Canada-United States-Mexico Agreement)
- Mexico: T-MEC (Tratado entre México, Estados Unidos y Canadá)
Sunset Clause: Unlike NAFTA, USMCA has a 16-year "sunset" clause. The three countries must meet every 6 years to review the agreement and decide whether to extend it.
Key Changes from NAFTA
While USMCA maintains the core duty-free status for qualifying goods, it introduced stricter rules of origin and new chapters on digital trade.
| Sector | Key Updates |
|---|---|
| Automotive |
Regional Value Content (RVC): Raised to 75% (up from 62.5% in NAFTA). |
| Dairy & Agriculture | Increased U.S. access to the Canadian dairy market (up to 3.6%) and eliminated Canada's "Class 7" milk pricing system. |
| De Minimis (Courier) | Raised the threshold for low-value shipments to facilitate e-commerce: Canada: $150 CAD (Duty Free) / $40 CAD (Tax Free). |
| Digital Trade | Prohibits customs duties on digital products (e-books, music, software) and limits data localization requirements. |
Certification of Origin
Under USMCA, the formal "Certificate of Origin" (CBP Form 434) was eliminated. It was replaced by a flexible Certification of Origin that can be placed on any document (e.g., Commercial Invoice) as long as it contains the 9 Minimum Data Elements.
The 9 Minimum Data Elements
- 1. Importer, Exporter, or Producer: Who is making the certification?
- 2. Certifier: Name, title, and contact info of the person certifying.
- 3. Exporter: Name and contact info.
- 4. Producer: Name and contact info.
- 5. Importer: Name and contact info.
- 6. Description & HS Code: Description and 6-digit Harmonized System code.
- 7. Origin Criteria: The rule the good qualifies under (A, B, C, or D).
- 8. Blanket Period: Date range (up to 12 months) if applicable.
- 9. Signature & Date: Authorized signature and statement of truth.
Usage in BorderConnect
To claim preferential treatment under USMCA/CUSMA in BorderConnect, users must select the correct Tariff Treatment codes, as "NAFTA" codes are obsolete.
For Canadian Imports (ACI)
- Tariff Code: Use Tariff Treatment 10 (United States Tariff) or Tariff Treatment 11 (Mexico Tariff).
- Documents: Upload the "Certification of Origin" in the Document Storage tab.
For U.S. Imports (ACE)
- SPI Code: The Special Program Indicator (SPI) for USMCA is "S" (Ordinary) or "S+" (Ag/Textile).
- Replaces: Do not use "CA" or "MX" (the old NAFTA indicators).
Official Resources
- CBP (USA): USMCA Implementation Guide
- CBSA (Canada): CUSMA: What Importers Need to Know
- Government of Canada: CUSMA Full Text & Summary
- Template: CBP Optional Certification Template