USMCA Certificate of Origin: Why Self-Certification Changes Everything

Your US buyer asks for a Certificate of Origin. You contact your local Chamber of Commerce to get one issued. For most FTAs, that's the standard process.

But if your buyer is claiming USMCA preferential tariffs, that approach won't work. USMCA certificates aren't issued by any authority. They're created and signed by the exporter, producer, or importer themselves. This guide explains how USMCA certification differs from regular C/Os and what happens when you get it wrong.

What's the difference between a regular C/O and a USMCA C/O?

A regular Certificate of Origin is third-party certified. The exporter prepares the document, submits it to a Chamber of Commerce or customs authority, and receives an official stamp confirming the origin. According to ICC Guidelines, chambers of commerce globally follow standardized procedures for verifying and issuing these certificates.

A USMCA Certificate of Origin is self-certified. No government agency reviews it before use. No Chamber of Commerce stamps it. The person certifying the origin fills out the required information, signs it, and takes full legal responsibility for its accuracy.

According to CBP's USMCA FAQ, there is no official government-issued form for USMCA certification. As long as the document contains the 9 required data elements, any format is acceptable.

• Regular C/O: Chamber of Commerce or customs authority issues and stamps

• USMCA C/O: Exporter, producer, or importer self-certifies

• Regular C/O: Official form often required

• USMCA C/O: No prescribed form — 9 data elements required

Who can issue a USMCA Certificate of Origin?

Under USMCA, three parties are authorized to certify origin: the exporter, the producer, or the importer. This is a significant change from NAFTA, which only allowed exporters to complete the certificate.

According to U.S. Customs and Border Protection (CBP), allowing importer certification gives buyers more flexibility when suppliers are unable or unwilling to provide origin documentation. However, the importer then assumes full liability for the accuracy of that certification.

If the exporter is not the producer, they may certify based on either:

• Documents demonstrating the good is originating

• Reasonable reliance on the producer's written representation

The key word is "reasonable." If an exporter certifies origin based solely on a supplier's verbal assurance without any documentation, that certification may not hold up during a CBP audit.

What happens if you get the USMCA C/O wrong?

Because USMCA certificates are self-certified, the certifier bears full responsibility for errors. Customs authorities don't blame a Chamber of Commerce that never reviewed the document. They pursue the party who signed it.

According to 19 USC 1592, penalties for incorrect origin declarations are calculated based on the level of culpability:

• Negligence: Up to 2x the unpaid duties

• Gross negligence: Up to 4x the unpaid duties

• Fraud: Up to the full domestic value of the merchandise

CBP can audit entries going back 5 years from the date of importation. In addition to penalties, importers must repay all duties owed plus interest.

There is one protection: under 19 USC 1592, if the certifier discovers an error and voluntarily corrects it within 30 days while paying any duties owed, penalties may be waived.

What are the 9 required data elements for USMCA certification?

According to CBP's USMCA Implementing Instructions, a valid certification must include these 9 data elements. The format is flexible — it can be on an invoice, a separate document, or even submitted electronically — but all elements must be present.

• Certifier indication: Whether the certifier is the importer, exporter, or producer

• Certifier information: Name, title, address, telephone, and email

• Exporter information: Name, address, email, and telephone (if different from certifier)

• Producer information: Name, address, email, and telephone (if different from certifier/exporter)

• Importer information: Name, address, email, and telephone (if known)

• Description of goods: Sufficient detail to identify the product

• HS tariff classification: Minimum 6 digits

• Origin criterion: How the good qualifies (Criterion A, B, C, or D)

• Blanket period: If covering multiple shipments, the date range (maximum 12 months)

The certification must also include a signed statement that the goods qualify as originating and that the certifier assumes responsibility for proving this upon request.

How long must you keep USMCA records?

According to 19 CFR Part 182, importers claiming USMCA preferential treatment must maintain all records and supporting documentation for a minimum of 5 years from the date of importation. This includes:

• The certification of origin (written or electronic)

• Records demonstrating the good qualifies as originating

• Documentation related to transit and transshipment

Exporters and producers who issue certifications have the same 5-year retention requirement. If CBP requests verification, these records must be provided.

Quick reference: USMCA C/O checklist

• Confirm whether buyer needs USMCA preferential treatment or a regular C/O

• If USMCA: Do not go to Chamber of Commerce — self-certify instead

• Include all 9 required data elements

• Verify origin criterion matches product-specific rules in USMCA Chapter 4

• Keep all supporting documentation for 5 years

• If error discovered: Correct within 30 days and pay duties to avoid penalties

• For blanket certifications: Renew annually (maximum 12-month period)