On May 10, 2017, U.S. Customs and Border Protection issued CSMS# 17-000270 - FTA Origination Analysis and Certification when no Tariff Change Rule (TCR)
Manufacturers, exporters and importers are advised that a very limited number of tariff items in the Harmonized Tariff Schedule of the United States (HTSUS) do not have corresponding free trade agreement (FTA) tariff change rules (TCRs) (also known as "product specific rules of origin" or by the acronym "PSRs") because they were negotiated using a Harmonized Tariff Schedule (HTS) that was subsequently modified in 2007, 2012, or 2017, and the corresponding TCRs have not been implemented.
Until revised TCRs are implemented, manufacturers/exporters/importers of affected goods seeking to perform a tariff-shift origination analysis should classify the good and its materials using the most recent HTSUS in which the tariff item has a corresponding TCR and perform the origination analysis using that year's HTSUS.
Until revised TCRs are implemented, the certificate of origin, ideally, should indicate both the current HTSUS number and the previously corresponding HTSUS number used to perform the origination analysis in parenthesis and with wording to that effect.
For example, beneath the description of the good in block 5 of the CO, the statement "(Origination analysis performed using HTSUS xxxx.xx.xxxx (20XX) since no TCR for item number yyyy.yy.yyyy in 2017 HTSUS.)" [Replace placeholders with the appropriate numbers/dates]. The CO could look something like this: "Origination analysis performed using HTSUS xxxx.xx.xxxx (2016) since no TRC for item number yyyy.yy.yyyy in 2017 HTSUS"