What is NAFTA?
The North American Free Trade Agreement (NAFTA) is a comprehensive trade agreement between Canada, the United States and Mexico. It provides importers with the opportunity to substantially reduce or eliminate duties ... if their products can be proven to meet very specific NAFTA eligibility requirements.

What you should know about NAFTA...

  • Products exported from a NAFTA-member country may be eligible for preferential tariff treatment if the goods can be proven to originate in a member country (based on the rules of origin in the agreement). Products made from materials that do not originate in a NAFTA-member country may also be eligible for preferential tariff treatment if sufficient North American processing can be established.
  • To determine which rule of origin applies to a particular product, the product is analyzed in depth - often a very complex undertaking. A meticulous audit trail is necessary to ensure that your product qualifies under NAFTA, without risking serious penalties for inadequate proof of origin.
  • If goods are eligible for preferential tariff, a Certificate of Origin - declaring the goods meet the NAFTA eligibility requirements - must be provided by the exporter or producer of the goods. This certificate must be in the importer’s possession, and available to Customs, at the time of entry. If Customs finds a Certificate of Origin to be invalid, duties can be reassessed retroactively with interest.
  • Customs administrations are stepping up regulatory audits of companies claiming NAFTA preferential treatment. It is critically important that importers, exporters, and producers maintain proper files and retain all origin-related records. Those who do not comply face substantial retroactive duties and serious penalties.

How can Livingston help?

  • Livingston offers Insight Docs Canada and Insight Docs USA, two software solutions that assist Canadian and American companies to prepare NAFTA Certificates of Origin, along with other customs-related documents.
  • Livingston provides educational workshops on topics such as NAFTA, customs compliance, and other trade-related issues. Our NAFTA seminars provide clients with information on the Agreement, how to use it to your advantage, and how to manage NAFTA compliance issues.
  • The Livingston International Consulting Group can ensure you take full advantage of the benefits provided by NAFTA without doing more than necessary to fully meet the requirements. They can help determine the eligibility of your products for free-trade status, develop the necessary audit trail, make recommendations on internal procedures and systems to maintain your proof of origin on an ongoing basis, recommend changes to procurement and production processes to enable you to benefit from a reduced rate of duty, and act on your behalf when Customs comes calling.