For information about importing from Australia under the AUFTA, visit the U.S. Customs and Border Protection AUFTA webpage.
The webpage contains information on the following:
You can find information on exporting to Australia on export.gov.
An AUFTA claim is made by prefacing the tariff item on the entry summary with the Special Program Indicator "AU" (19 CFR 10.723) or as a post-importation claim via a Post Entry Amendment (PEA) or a Post Summary Correction (PSC).
No, 19 USC 1520(d) is not an option.
By making an AUFTA preference claim, the importer attests that the good is eligible for AUFTA preference and accepts responsibility for the truthfulness and accuracy of the claim. The importer is also responsible for providing the certification of origin and supporting documentation to CBP upon request.
If the AUFTA claim is based on the exporter’s or producer’s certification of origin, the importer should provide that certification to CBP. If the AUFTA claim is based on the importer’s certification or importer knowledge, the importer should provide its own certification of origin.
Although there is no official certification of origin form or format required under the U.S.- Australia FTA, CBP encourages the use of the certification of origin template. Alternatively, a free-form certification with all of the data elements in 19 CFR 10.724 may also be made.
The importer must provide CBP with an AUFTA certification of origin upon request by CBP.
If the importer has knowledge that the goods originate and can provide documentation to substantiate the claim, then the importer need not possess an exporter or producer certification of origin.
No, the certification of origin must be signed and dated by an individual with knowledge of the facts and the authority to legally bind the company.
CBP may accept a certification of origin with an incorrect HTSUS number or request that an amended certification be submitted with a copy of the original certification as an attachment. The correct HTSUS number on the certification is an important indicator that the origination analysis was performed using the correct product-specific rule in HTSUS General Note 28(n).
An exporter or producer certification of origin signed after the date of the preference claim could not have been in the importer’s possession at the time of such claim. However, if the preference claim is based on importer’s knowledge, no exporter/producer certification is required.
The information required to substantiate an origination claim depends on the rule of origin and the nature of the good. In the case of a manufactured good using a product-specific rule of origin in GN 28(n), at a minimum, the following documentation should be provided:
Yes, the importer is responsible for ensuring that CBP receives documentation substantiating that the good meets a rule of origin and otherwise complies with the terms of the AUFTA. If the importer hasn’t the information, he should contact the exporter and/or producer to ensure that the information is provided to CBP. To protect confidentiality, a manufacturer may provide documentation directly to CBP. Per 19 CFR 103.35, CBP is barred from releasing business confidential information to the importer or any other party without obtaining consent.
Yes, CBP will accept a digitized certification of origin as long as it contains a handwritten signature or the image of a handwritten signature.
In order to be an "originating" good, a good must meet a rule of origin and all other requirements (GN 28 and 19 CFR 10.730).
Generally speaking, a good will originate if:
Generally speaking, the producer will know that a material originates because his supplier will provide a certification or affidavit upon request. If a material supplier will not provide a certification or affidavit, then the producer should consider the material to be non-originating.
No, the importer would not be exercising reasonable care and may be subject to penalties if the good were found not to originate. By making a preference claim, the importer is certifying that the good meets the terms of the agreement and that the importer/exporter/producer will provide CBP with substantiating documentation upon request.
Yes, there is a chemical reaction rule of origin for goods of HTSUS Chapters 27 – 40. A chemical reaction is defined in General Note 28(m)(vii).
Yes, there is a purification rule of origin for goods of HTSUS Chapters 28 – 35, 38 and 39. Purification is defined in General Note 28(m)(vii).
No, the purpose of the chemical reaction and purification rules is to provide producers an alternate method of establishing origination.
Remanufactured goods, classified in HTSUS Chapters 84-85, 87, or 90, or under heading 94.02, are entirely or partially comprised of recovered goods, and have a life expectancy and factory warranty similar to such new goods. The AUFTA allows recovered goods derived in the territory of one or both of the Parties from used goods and utilized in the territory of one or both of the Parties in the production of remanufactured goods to be considered originating in accordance with General Note 28(c)(ii).
Yes, see General Note 28(i) and 19 CFR 10.737 provide for the use of an inventory management system to constructively segregate originating and non-originating fungible goods and materials.
It means that all non-originating materials, with the possible exception of a small de minimis value, used to produce the good undergo a tariff shift prescribed in General Note 28(n).
The de minimis provision allows a good to originate, as long as all non-originating materials that do not meet the prescribed tariff shift are not more than 10 percent of the adjusted value of the good (for non-textiles). However, if the good must meet a regional value content requirement to originate, the value of such non-originating materials must be taken into account when calculating the regional value content (General Note 28(g) and 19 CFR 10.732).