CSMS # 63096696 – UPDATED GUIDANCE – Importer Obligation and Requirements in Completing Origin Documents – Declarations, Statements, and Certifications of Origin

This is an update to CSMS #60588866, issued on May 14, 2024, regarding the importer obligations and requirements in completing origin documents such as origin declarations, origin statements, and certifications of origin documents. 

On May 14, 2024, Customs and Border Protection (CBP) issued guidance concerning an increase in the use of consignee information where importer information is required; specifically, when the consignee is not the importer of record (IOR). In the guidance CBP states that the importer must be the actual IOR and if a consignee is not the IOR, the consignee may NOT be listed as the importer on the origin declaration, origin statement, or certification of origin. 

UPDATED GUIDANCE

The origin declarations, origin statements, or certifications of origin must be completed by a “responsible official” of the importer, exporter, or producer, or by the authorized agent of the importer, exporter, or producer having knowledge of the relevant facts per the respective trade preference program regulations. The importer, exporter, producer, or authorized agent completing the origin declaration/statement/certification are responsible for the truthfulness of the origin declaration/statement/certification and all the information contained therein and are liable for false statements and material omissions. For information on the parties eligible to be the “importer of record” under the legal authority of 19 U.S.C. 1484, see 19 CFR 101.1 and the “Right to Make Entry” Customs Directive 3530-002A dated June 2003, available at cbp.gov.

A claim for preferential tariff treatment may be denied if an importer fails to submit, when requested by CBP, the completed origin declaration, origin statement, or certification of origin prepared in accordance with the requirements of the trade preference program and customs regulations.

For more information on origin declarations, origin statements, certifications of origin requirements, see references below:

 Questions regarding this notice may be directed to the Office of Trade, Trade Agreement Branch at  FT*@cb*.gov .