[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54225-54226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21229]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Mexico Textile and Apparel Imports Approved for the Electronic 
Certification System (eCERT)

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document announces that the certification requirement for 
certain imports of textile and apparel goods from the United Mexican 
States (Mexico) that are eligible for preferential tariff treatment 
under a tariff preference level (TPL) will be accomplished through the 
Electronic Certification System (eCERT). Specified quantities of 
certain textile and apparel imports from Mexico that are eligible for 
preferential tariff treatment under a TPL must have a valid certificate 
of eligibility with a corresponding eCERT transmission in order for an 
importer to claim the preferential duty rate. As the Agreement Between 
the United States of America, the United Mexican States and Canada

[[Page 54226]]

(USMCA) requires the use of an electronic system for the transmission 
of a certificate of eligibility and other documentation related to TPLs 
for goods imported into the United States, Mexico has coordinated with 
the United States Government (USG) to implement the eCERT process. 
Mexico is now ready to participate in this process and transition from 
the way the USG currently receives certificates of eligibility from 
Mexico to eCERT. This transition will not change the TPL filing process 
or requirements applicable to importers of record, who will continue to 
provide the certificate numbers from Mexico in the same manner as when 
currently filing entry summaries with U.S. Customs and Border 
Protection. The format of the certificate of eligibility numbers will 
remain the same for the corresponding eCERT transmissions.

DATES: The use of the eCERT process for certain Mexican textile and 
apparel importations eligible for preferential tariff treatment under a 
TPL will be effective for certain textile and apparel goods entered, or 
withdrawn from a warehouse, for consumption on or after October 5, 
2021.

FOR FURTHER INFORMATION CONTACT: For quota-related questions, contact 
Julia Peterson, Chief, Quota and Agriculture Branch, Trade Policy and 
Programs, Office of Trade, (202) 384-8905, or [email protected]. For 
questions related to the TPL provisions, contact Anita Harris, Chief, 
Textile Policy Branch, Trade Policy and Programs, Office of Trade, 
(202) 604-2151, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the Agreement Between the United States of America, the 
United Mexican States and Canada (USMCA), Section C (Preferential 
Tariff Treatment for Non-Originating Goods of another Party) of Annex 
6-A of Chapter 6 (Textile and Apparel Goods) allows for preferential 
tariff treatment under a tariff-preference level (TPL) of specified 
annual quantities of certain textile and apparel goods from the United 
Mexican States (Mexico) for import into the United States. The TPLs for 
textile and apparel goods from Mexico set forth in U.S. Note 11 of 
subchapter XXIII of Chapter 98 of the Harmonized Tariff Schedule of the 
United States (HTSUS) are derived from Annex 6-A of Chapter 6 of the 
USMCA. Pursuant to Section C of Annex 6-A of the USMCA, the USMCA 
country where the good is being imported may require a document issued 
by the competent authority of a USMCA country, such as a certificate of 
eligibility, to provide information demonstrating that the good 
qualifies for duty-free treatment under a TPL, to track allocation and 
use of a TPL, or as a condition to grant duty-free treatment to the 
good under a TPL. Each USMCA country must notify the other USMCA 
countries if it requires a certificate of eligibility or other 
documentation. CBP has determined that TPLs under the USMCA will be 
administered using a certificate of eligibility. A TPL is a 
quantitative limit for certain non-originating textile or apparel goods 
that may be entitled to preferential tariff treatment based on the 
goods meeting certain requirements, as specified by the USMCA and CBP. 
A USMCA country will manage each TPL on a first-come, first-served 
basis, and will calculate the quantity of goods that enter under a TPL 
on the basis of its imports.
    The Electronic Certification System (eCERT) is a system developed 
by CBP that uses electronic data transmissions of information normally 
associated with a required export document, such as a license or 
certificate, to facilitate the administration of TPLs and ensure that 
the proper restraint levels are charged without being exceeded. Mexico 
currently submits certificates of eligibility to CBP via email, and in 
the administration of the TPL, CBP validates these certificates with 
the certificate numbers provided by importers of record (importers) on 
their entry summaries. Paragraph 14 of Section C of Annex 6-A of the 
USMCA requires that the parties to the agreement establish a secure 
system for electronic transmission of certificates of eligibility or 
other documentation related to TPL utilization, as well as for sharing 
information in real time related to allocation and utilization of TPLs. 
CBP has coordinated with Mexico to implement the eCERT process, and now 
Mexico is ready to participate in this process by transmitting its 
certificates of eligibility to CBP via eCERT.
    Foreign countries participating in eCERT transmit information via a 
global network service provider, which allows connectivity to CBP's 
automated electronic system for commercial trade processing, the 
Automated Commercial Environment (ACE). Specific data elements are 
transmitted to CBP by the importer (or an authorized customs broker) 
when filing an entry summary with CBP, and those data elements must 
match eCERT data from the foreign country before an importer may claim 
the preferential duty rate under a TPL. An importer may claim a 
preferential duty rate when merchandise is entered, or withdrawn from 
warehouse, for consumption, only if the information transmitted by the 
importer matches the information transmitted by the foreign government. 
If there is no transmission by the foreign government upon entry 
summary, an importer must claim the most-favored nation (MFN) rate of 
duty.\1\ An importer may subsequently claim the preferential duty rate 
under certain limited conditions.\2\
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    \1\ If there is no associated foreign government eCERT 
transmission available upon the filing of the entry summary, an 
importer may enter the merchandise for consumption subject to the 
MFN rate of duty or opt not to enter the merchandise for consumption 
at that time (e.g., transfer the merchandise to a customs bonded 
warehouse or foreign trade zone or export or destroy the 
merchandise).
    \2\ An importer has the opportunity to make a post-importation 
claim for a TPL by requesting a refund of any excess customs duties 
at any time within one year after the date of importation of the 
goods. However, the preferential duty rate is allowable only if 
there are still amounts available within the original TPL period.
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    This document announces that Mexico will be implementing the eCERT 
process for transmitting certificates of eligibility for certain 
textile and apparel entries that are eligible for preferential tariff 
treatment under a TPL. Imported merchandise that is entered, or 
withdrawn from warehouse, for consumption on or after October 5, 2021, 
must match the eCERT transmission of a certificate of eligibility from 
Mexico in order for an importer to claim the preferential duty rate. 
The transition to eCERT will not change the TPL filing process or 
requirements. Under this process, importers will continue to provide 
the certificate of eligibility numbers from Mexico in the same manner 
as when currently filing entry summaries with CBP. The format of the 
numbers of certificates of eligibility will not change as a result of 
the transition to eCERT. CBP will reject entry summaries that claim a 
preferential duty rate under a TPL when filed without a valid 
certificate of eligibility in eCERT.

    Dated: September 24, 2021.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of Trade.
[FR Doc. 2021-21229 Filed 9-29-21; 8:45 am]
BILLING CODE 9111-14-P