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November 9, 2017 at 10:58 am

CETA Frequently Asked Questions

CETA FAQs

 

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.

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June 16, 2017 at 2:35 pm

Are you ready for CETA?

As you may have heard, the CETA trade agreement has been ratified by the EU Parliament.

Canada is currently in the process of passing the implementation bill (currently in the senate) and the EU member country parliaments must each do the same.

We expect that the trade agreement will be in effect at some time this spring.

Two important government website links:

  1. Click here for the full text of the CETA agreement.
  2. Click here for the Protocol on rules of origin and origin procedures

 

It is important to note that, while over 90% of goods that qualify for European Origin will be duty free immediately upon implementation of the accord, there are some sectors which will be subject to quota. These sectors include goods such as cheese and other dairy products, automobiles, textiles and garments, as well as some others – complete list can be found in the Protocols on rules of origin and origin procedures. Also, there are a number of sectors which have “product specific rules of origin” over and above the general origin provisions. The details can all be found in the Protocols on rules of origin and origin procedures.

We have attached a copy of the CETA origin declaration on our Forms and Docs page under the Client Resources tab (in English and French) for you to share with your suppliers – The origin declaration in every official language spoken in EU can be found in the Protocols on rules of origin and origin procedures. In preparation of this important trade agreement we strongly urge all of our customers to reach out to your suppliers and make certain that they (suppliers) understand the CETA rules of origin, are able to correctly determine whether or not their goods qualify as EU origin under CETA and that they are keeping full records of origin compliance as set out in the CETA agreement.

We can assist in advising you on the specific rules of origin for your products, however only your suppliers can certify that the goods qualify as EU origin under CETA and only they can provide you with the EU origin declaration as well as keeping records not only for their products but also for the components used in the manufacture of their products that they have sourced from other companies. Should you require our assistance in determining specific rules of origin for your products please contact Muriel or Emilio to arrange a CETA Trade Compliance consultation.

 

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