Missed Out on USMCA Benefits? Here’s How U.S. Importers Can Claim Them Retroactively

If your business has been importing goods from Canada or Mexico without filing under the United States-Mexico-Canada Agreement (USMCA), you could be missing out on substantial duty savings. The good news is that U.S. importers can still take advantage of USMCA benefits retroactively. Even if you didn’t claim preferential tariff treatment at the time of importation, it’s not too late to reclaim the duties you’ve paid.

‍

Understanding Retroactive USMCA Claims for U.S. Importers

‍

Under USMCA, U.S. importers have the opportunity to file for preferential tariff treatment after the goods have already entered the country.This allows businesses to claim refunds on duties paid if the goods meet USMCA’s rules of origin.

‍

According to 19 U.S.C. 1520(d) and 19 CFR § 182.31, U.S. importers may file a claim for a refund of any excess customs duties paid on qualifying goods within one year after the date of importation. This provision ensures that U.S. importers have a structured path to reclaim duties on goods that qualify under the agreement’s rules of origin.

‍

Steps for U.S. Importers to File Retroactively

‍

1. Verify Eligibility: The first step is to determine whether the goods you imported meet the USMCA’s rules of origin. This involves checking that the products meet criteria such as regional value content or tariff shift requirements. Goods that meet these criteria may be eligible for preferential treatment under USMCA. This is where Kendrick Trade can support you by using our USMCA qualification tool to accurately determine your eligibility.

‍

2. Gather Documentation: U.S. importers need to provide adequate documentation to support a retroactive claim. This typically includes a certificate of origin or other proof that the goods meet USMCA’s rules of origin. Ensuring that your documentation is accurate and complete is crucial for the success of your claim.

‍

‍3. File the Claim: As stipulated by 19 CFR § 182.31, U.S. importers must file retroactive claims within one year from the date of importation. The claim must be submitted to U.S. Customs and Border Protection (CBP) along with all necessary documentation. If approved, the importer will receive a refund of the duties paid on the qualifying goods.

‍

‍

‍Why U.S. Importers Should File Retroactively

‍

For U.S. importers, retroactive filing under USMCA can lead to significant savings. If you’ve been paying full duties on goods that qualify under the agreement, filing a retroactive claim allows you to recover those funds. Additionally, maintaining compliance with USMCA ensures that your trade operations remain efficient and cost-effective.

‍

Final Thoughts

‍

It’s common for U.S. importers to overlook or be uncertain about their eligibility for USMCA benefits. However, the ability to file retroactively offers a valuable opportunity to recover duties paid on eligible imports. By reviewing past imports and submitting the necessary claims, your business can reclaim funds that might otherwise be lost.

‍

If your business hasn’t been fully utilizing USMCA benefits, now is the time to act. With the right tools and expertise, you can maximize your savings and ensure compliance with this important trade agreement. Contact Kendrick Trade today to learn how we can help U.S. importers with retroactive USMCA claims and other trade compliance needs.

‍

Please Note: The information provided in this article is for informational purposes only and does not constitute legal advice. For specific guidance related to your situation, please consult with a qualified trade compliance professional or legal advisor.

‍

Resources:

  CBP USMCAGuidance:
https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA

  19 CFR Part 182- USMCA Regulations:
https://www.law.cornell.edu/cfr/text/19/part-182

  19 CFR § 182.31- Claims for Refund:
https://www.law.cornell.edu/cfr/text/19/182.31

  19 U.S.C.1520(d) - Refund of Excess Duties:
https://www.law.cornell.edu/uscode/text/19/1520

‍