Please find below clarification on some of the common questions that commonly being asked about CETA and the Origin Declaration
-Do all goods manufactured in EU qualify for free of duty status under CETA
No, the goods must qualify under the Protocol on rules of origin and origin procedures section of the Text of the Comprehnesive Econonomic and Trade Agreement (CETA)
In addition, the documents must include the Origin Declaration the exact text of which may be found in Annex 2 of the Protocol
-Can another form of EU origin declaration be used in place of the Origin Declaration that is specified?
No, the Origin Declaration found in Annex 2 of the Protocol is the only accepted form of origin declaration that can be used when declaring duty free status under CETA.
-The Origin Declaration instructions in Annex 2 state that the words Canada/EU (or CM for products originating in Ceuta and Melilla) must be used, but my suppliers are telling me that is wrong (since Canada has no part of the origin of the goods) and the declaration should say, for example: Italian origin, France/Eu origin or EU origin only, is this correct?
This question has been asked by the Canadian Society of Customs Brokers, directly to Canada Border Services Agency and the published Q & A is shown below:
Several members have asked if the CETA Origin Declaration can include only words such as “Canada”, “Norwegian”, or “EU” in field 3 of the declaration. CBSA has responded with the following:
The short answer is no.
The purpose of the origin declaration is to certify that the goods are of CETA preferential origin. Simply stating “EU preferential origin” is akin to a Canadian exporter stating “Canada preferential origin”, which would be meaningless as there is no indication that the relevant products meet the Canada-EU CETA rule of origin. Consequently, originating goods are not “EU preferential origin” (as this could mean that they meet the requirements of any FTA that the EU has), but rather “Canada/EU” (or “CM”) origin as they need to meet the particular rules of origin for the Canada-EU CETA.
The text of the declaration is very clear, the statement is either “Canada/EU” or “CM”, and nothing else is acceptable.
-I am importing goods which qualify as CETA origin under the Protocol rules but I am purchasing and shipping from a company in U.S.A. (or other non-CETA participating country), can I import these goods as duty free under CETA?
No, the CETA Accord requires that there be direct shipment from EU country to Canada (or through a 3rd country that has a free trade agreement with both EU and Canada)
-I am importing goods which qualify as CETA origin and are shipped directly from an EU country to Canada, but I have purchased the goods from a vendor in USA. Can the goods be imported duty free under the CETA accord and can the vendor, in USA, complete the Origin Declaration provided that the vendor has full knowledge and proof from the manufacturer/exporter that the goods do qualify for CETA under the Protocol.
This is a 2 part question and the answers are:
Yes, the goods can be imported duty free under CETA as long as they qualify under the Protocol and they are shipped directly from EU to Canada
No, the vendor cannot certify the Origin Declaration. Article 19.3 of the Protocol states: An origin declaration shall be completed and signed by the exporter.
-What is the exact text of Origin Declaration?
The exporter of the products covered by this document (customs authorization number) declares that, except where otherwise clearly indicated, these products are of Canada/EU origin
(Exception for products originating in Ceuta and Melilla, it must read: These products are of CM origin.
-Can my supplier issue a valid origin Declaration even though he has not received his customs authorization number?
Yes, the customs authorization number may be left blank. The customs authorization number is for post audit procedures only and is not a requirement for the origin Declaration.
-Where must the Declaration be shown/attached, etc..
The Declaration can either be put directly on the commercial invoice or can be on the exporter’s letterhead provided that it refers directly to the invoice or otherwise clearly shows that it relates to the products being imported. The exporter can also use a blanket origin Delcaration. The declaration must be preceded with (Period From_______ to_______) the period can be as long as 12 months but must end no later than Dec 31st of the current calendar year.
-My supplier has supplied an origin Declaration but it is not signed or fully completed.
The CSCB has also asked for clarification on this. The reply was quite lengthy but boils down to the following points
1-Minor errors such as simple typing errors will be tolerated in most cases, however
2-Major errors in format (i.e. stating Norwegian origin instead of Canada/EU) will render the Declaration invalid
3-The origin Declaration must be fully completed. This means that it Place and Date fields must be completed , the name of the signatory must be clearly printed and the Declaration MUST be signed.