On November 16, 2017, U.S. Customs and Border Protection published these U.S.-Morocco Free Trade Agreement Frequently Asked Questions (FAQ’s)
Question #1: Where can I find information on importing from Morocco under the U.S.-Morocco Free Trade Agreement (MAFTA)?
Answer #1: For questions about importing from Morocco under the U.S.-Morocco FTA, see the U.S. Customs and Border Protection (CBP) Morocco FTA page by searching “Morocco” at www.cbp.gov.
Question #2: What information is available on the www.cbp.gov U.S.-Morocco (MAFTA) FTA webpage?
Answer #2: The Morocco Free Trade Agreement (MAFTA) went into effect on January 1, 2006; following information is available from the Morocco FTA webpage:
- Morocco FTA Summary
- Morocco Free Trade Agreement Implementation Instructions
- Morocco Data Elements for the Declaration
- Morocco FTA General Note 27, Harmonized Tariff Schedule of the United States
- Morocco FTA Quotas
- Morocco FTA Text
- Morocco FTA Regulations
- International Trade Commission Publication 3721
- House Report 108-627, United States-Morocco Free Trade Agreement Implementation Act, 108th Congress, 2nd Session
- Presidential Proclamation 7971
Question #3: Where can I find information on exporting to Morocco?
Answer #3: Answers to questions on exporting to Morocco can be found on www.export.gov.
Making a Claim for Preferential Tariff Treatment
Question #4: How does an importer make a preference claim under the U.S.-Morocco FTA?
Answer #4: A U.S.-Morocco FTA claim is made by prefacing the tariff item on the entry summary with the Special Program Indicator “BH” (19 CFR 10.763) or by filing a PEA/PSC claim within one year of importation.
Question #5: May a post-importation preference claim be made using a 19 USC 1520(d)
Answer #5: No a 19 USC 1520(d) is not an option.
Question #6: What responsibilities does an importer assume by making a U.S.-Morocco FTA preference claim?
Answer #6: By making a U.S.-Morocco FTA preference claim, the importer attests that the good is eligible for U.S.-Morocco FTA preference and accepts responsibility for the truthfulness and accuracy of the claim. The importer is also responsible for providing the certification of origin and supporting documentation to CBP upon request. (19 CFR 10.765)
Declaration (Certification of Origin) and Required Data Elements
Question #7: If CBP requests a U.S.-Morocco FTA certification of origin, which one should the importer provide to CBP – the exporter’s, the producer’s, or his own?
Answer #7: If the U.S.-Morocco FTA claim is based on the exporter’s or producer’s Declaration, the importer should provide that Declaration to CBP. If the U.S.-Morocco FTA claim is based on the importer’s Declaration or importer knowledge, the importer should provide its own certification of origin.
Question #8: Is there an official form or format for the Declaration under the U.S.-Morocco FTA?
Answer #8: Although there is no official Declaration form or format required under the U.S.- Morocco FTA, a free-form Declaration with all of the data elements in 19 CFR 10.764 may also be made.
Question #9: When must the importer provide a U.S.-Morocco FTA Declaration to CBP?
Answer #9: The importer must provide CBP with a U.S.-Morocco FTA Declaration upon request by CBP.
Question #10: Can an importer make a U.S.-Morocco FTA claim without an exporter or producer Declaration?
Answer #10: If the importer has knowledge that the goods originate and can provide documentation to substantiate the claim, then the importer need not possess an exporter or producer Declaration.
Question #11: Will CBP accept an unsigned or undated Declaration?
Answer #11: No, the certification of origin must be signed and dated by an individual with knowledge of the facts and the authority to legally bind the company.
Question #12: Will CBP accept a Declaration if the HTSUS number is incorrect?
Answer #12: CBP may accept a Declaration with an incorrect HTSUS number or request that amended Declaration be submitted with a copy of the original Declaration as an attachment. The correct HTSUS number on the Declaration is an important indicator that the origination analysis was performed using the correct product-specific rule in HTSUS General Note 27(h).