USMCA Rules of Origin: How Products Qualify for Duty-Free

Complete guide to USMCA rules of origin. Learn how products qualify for duty-free treatment through Regional Value Content, tariff shifts, and product-specific rules.

Last updated: 2024-11-2515 min read

What Are USMCA Rules of Origin?

Rules of origin determine whether a product qualifies for preferential (duty-free) treatment under USMCA. A product must be "originating" to receive benefits.

The three main qualification methods:

  • **Wholly Obtained** - Product entirely sourced/produced in USMCA region
  • **Tariff Shift** - Non-originating materials undergo specified tariff classification change
  • **Regional Value Content (RVC)** - Product meets minimum regional value threshold
  • Most manufactured goods qualify through RVC or a combination of tariff shift + RVC.

    Regional Value Content (RVC) Explained

    RVC measures what percentage of a product's value originates from USMCA countries.

    Two calculation methods:

    Transaction Value Method:

    RVC = ((Transaction Value - Non-Originating Materials) / Transaction Value) × 100

    Net Cost Method:

    RVC = ((Net Cost - Non-Originating Materials) / Net Cost) × 100

    Example: A product sells for $100, with $30 in non-originating materials.

  • RVC = (($100 - $30) / $100) × 100 = 70%
  • If the threshold is 65%, this product qualifies.

    RVC Thresholds by Industry

    Different products have different RVC thresholds:

    IndustryRVC Threshold
    -------------------------
    Agriculture & Food50%
    Textiles & Apparel55%
    Furniture55%
    Consumer Goods55%
    Machinery60%
    Chemicals62%
    Electronics65%
    Medical Devices65%
    Aerospace65%
    Automotive75%

    Higher thresholds require more regional content to qualify.

    Tariff Shift Rules

    Tariff shift (or "tariff classification change") requires non-originating materials to change HS codes during production:

    Types of tariff shifts:

  • **CC (Chapter Change)**: Materials must change HS chapters (first 2 digits)
  • **CTH (Heading Change)**: Materials must change HS headings (first 4 digits)
  • **CTSH (Subheading Change)**: Materials must change HS subheadings (first 6 digits)
  • Example: Raw cotton (HS 5201) is woven into fabric (HS 5208) - this is a CC change at the heading level.

    Product-specific rules in USMCA Annex 4-B specify which shifts apply to each product.

    De Minimis Rule

    The de minimis rule allows a product to qualify even with some non-originating materials that don't meet tariff shift requirements:

    Standard de minimis: Up to 10% of transaction value can be non-originating materials that don't undergo the required tariff shift.

    This helps when:

  • Small components can't be sourced regionally
  • A minor input doesn't meet tariff shift rules
  • You're close to qualification but not quite there
  • Note: De minimis rules are stricter for textiles and some other products.

    How to Determine if Your Product Qualifies

    Step-by-step qualification process:

  • **Classify your product** - Determine the correct HS code
  • **Identify the rule** - Look up product-specific rules in USMCA Annex 4-B
  • **Map your supply chain** - Document origin of all materials
  • **Calculate RVC** - If required, calculate regional value content
  • **Check tariff shifts** - Verify materials undergo required classification changes
  • **Apply de minimis** - If needed, check if de minimis rule helps
  • **Document** - Maintain records for 5 years
  • Our platform automates steps 1-6 based on the information you provide.

    Frequently Asked Questions

    Q: Can I use both tariff shift and RVC to qualify?

    Yes, many product-specific rules require BOTH a tariff shift AND meeting an RVC threshold. Check the specific rule for your HS code.

    Q: What if my product uses materials from China?

    China-origin materials are "non-originating" for RVC purposes. However, if you add enough regional value through manufacturing, labor, and other USMCA-origin inputs, your finished product can still qualify.

    Q: Do I need to track every component?

    Yes, accurate origin determination requires tracking all materials. For complex products, focus on high-value components first as they have the biggest RVC impact.

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