New US NAFTA CO Form

[Updated for clarity improvements.]

Customs has updated the NAFTA CO Form 434, now with the date "11/14." The new form has some nice automated features to select dates. It is not immediately obvious, but when you click the field, you will see a drop down for a calendar. This should eliminate ambiguity as to dating formats (although I note that the printed date will be in U.S. mm/dd/yyyy format).

The other innovation is that the contact information for the Exporter, Producer, Importer and signatory all have a space for an email address. This certainly seems like reasonable information for CBP to request. But, it raises the question of whether an importer can rely on a NAFTA CO that does not include an email address and whether CBP will accept it in the event of a verification.

Yesterday, CBP issued a notice addressing that question. Below is the full text of what Customs and Border Protection had to say. Note the highlighted middle paragraph stating that forms without the email address remain valid.

CSMS #15-000108

Title: NAFTA Certificate of Origin Enhancements and Use of Expired Certifications

Date: 2/18/2015 4:53:19 PM

To: Automated Broker Interface, ACE Portal Accounts

An amended CBP Form 434, NAFTA Certificate of Origin, now available on the CBP "Forms" page
at http://www.cbp.gov/sites/default/files/documents/CBP%20Form%20434_3.pdf, provides blocks for importer / exporter / producer and signee email addresses, as well as drop-down calendars indicating "mm/dd/yy" for the input of the blanket period and signature date. These enhancements to the CBP Form 434 were made to facilitate communication and eliminate date ambiguity.

CBP will continue to accept prior versions of the CBP 434, as well as the Canadian B232 and the Mexican Certificado de Origen without the email address blocks. While a form with email blocks may assist communication, for CBP purposes, a form or format without email addresses remains valid.

CBP forms obtained from the "Forms" menu of www.cbp.gov are the most up-to-date available. CBP will continue to accept certificates of origin associated with the NAFTA (CBP Form 434), the Caribbean Basin Trade Partnership Act (CBP Form 450) and the Insular Possessions (CBP Form 3229) irrespective of any expiration date.


If you have questions, please contact the Trade Agreements Branch at FTA@dhs.gov.

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