Sec. 206. RECORDKEEPING REQUIREMENTS
1,202 words·~5 min read·
/statute-compilations/comps-15732/sec-206A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 206 RECORDKEEPING REQUIREMENTS ###
(a)In General Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended— ####
(1)by striking subsection
(b)and inserting the following: > > ### “(b) Exports and Imports Relating to USMCA Countries > > > #### “(1) Definitions > > In this subsection: > > > ##### “(A) USMCA; usmca country > > The terms ‘USMCA’ and ‘USMCA country’ have the meanings given those terms in section 3 of the United States-Mexico-Canada Agreement Implementation Act. > > > ##### “(B) USMCA certification of origin > > The term ‘USMCA certification of origin’ means the certification established under article 5.2.1 of the USMCA that a good qualifies as an originating good under the USMCA. > > > #### “(2) Exports to usmca countries > > Any person who completes a USMCA certification of origin or provides a written representation for a good exported from the United States to a USMCA country shall make, keep, and, pursuant to rules and regulations prescribed by the Secretary of the Treasury, render for examination and inspection, all records and supporting documents related to the origin of the good (including the certification or copies thereof), including records related to— > > > ##### “(A) > > the purchase, cost, value, and shipping of, and payment for, the good; > > > ##### “(B) > > the purchase, cost, value, and shipping of, and payment for, all materials, including indirect materials, used in the production of the good; and > > > ##### “(C) > > the production of the good in the form in which it was exported or the production of the material in the form in which it was sold. > > > #### “(3) Exports under the canadian agreement > > Any person who exports, or who knowingly causes to be exported, any merchandise to Canada during such time as the United States-Canada Free-Trade Agreement is in force with respect to, and the United States applies that Agreement to, Canada shall make, keep, and render for examination and inspection such records (including certifications of origin or copies thereof) which pertain to the exportations. > > > #### “(4) Imports into the united states > > > ##### “(A) In general > > Any importer who claims preferential tariff treatment under the USMCA for a good imported into the United States from a USMCA country shall make, keep, and, pursuant to rules and regulations prescribed by the Secretary of the Treasury of the Secretary of Labor, render for examination and inspection— > > > ###### “(i) > > records and supporting documentation related to the importation; > > > ###### “(ii) > > all records and supporting documents related to the origin of the good (including the certification or copies thereof), if the importer completed the certification; and > > > ###### “(iii) > > records and supporting documents necessary to demonstrate that the good did not, while in transit to the United States, undergo further production or any other operation other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the United States. > > > ##### “(B) Vehicle producer > > Any vehicle producer whose good is the subject of a claim for preferential tariff treatment under the USMCA shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury and Secretary of Labor, render for examination and inspection records and supporting documents related to the labor value content and steel and aluminum purchasing requirements for the qualification of its vehicles for preferential treatment. > > > #### “(5) Retention period > > > ##### “(A) Exports to usmca countries > > A person covered by paragraph
(2)who completes a USMCA certification of origin or provides a written representation for a good exported from the United States to a USMCA country shall keep the records required by such paragraph relating to that certification of origin for a period of at least 5 years after the date on which the certification is completed. > > > ##### “(B) Exports under canadian agreement > > The records required by paragraph
(3)shall be kept for such periods of time as the Secretary shall prescribe, except that— > > > ###### “(i) > > no period of time for the retention of the records may exceed 5 years from the date of entry, filing of a reconciliation, or exportation, as appropriate; and > > > ###### “(ii) > > records for any drawback claim shall be kept until the third anniversary of the date of liquidation of the claim. > > > ##### “(C) Imports into the united states > > > ###### “(i) In general > > An importer covered by paragraph (4)(A) shall keep the records and supporting documents required by such paragraph for a period of at least 5 years after the date of importation of the good. > > > ###### “(ii) Vehicle producer > > A vehicle producer covered by paragraph (4)(B) shall keep the records and supporting documents required by paragraph (4)(B) for a period of at least 5 years after the date of filing the certifications required under paragraphs
(1)and
(2)of section 202A(c) of the United States-Mexico-Canada Agreement Implementation Act.” > ; ####
(2)by striking subsection (c); and ####
(3)in the paragraph heading for subsection (e)(1), by striking “nafta” and inserting “usmca”. ###
(b)Effective Date **[**[19 U.S.C. 1508 note](/us/usc/t19/s1508)**]** ####
(1)In general The amendments made by subsection
(a)shall take effect on the date on which the USMCA enters into force. ####
(2)Applicability #####
(A)Exports Paragraphs
(2)and (5)(A) of section 508(b) of the Tariff Act of 1930, as amended by subsection (a), shall apply with respect to a good exported from the United States on or after the date on which the USMCA enters into force. #####
(B)Imports Paragraphs
(4)and (5)(C) of section 508(b) of the Tariff Act of 1930, as amended by subsection (a), shall apply with respect to a good that is entered for consumption, or withdrawn from warehouse for consumption, on or after the date on which the USMCA enters into force. ####
(3)Transition from nafta treatment #####
(A)Exports In the case of a good exported from the United States before the date on which the USMCA enters into force— ######
(i)the amendments made by subsection
(a)to paragraphs
(2)and (5)(A) of section 508(b) of the Tariff Act of 1930 (19 U.S.C. 1508) shall not apply with respect to the good; and ######
(ii)section 508 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the good. #####
(B)Imports In the case of a good that is entered for consumption, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force, the amendments made by subsection
(a)to paragraphs
(4)and (5)(C) of section 508(b) of the Tariff Act of 1930 (19 U.S.C. 1508) shall not apply with respect to the good.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 206
RECORDKEEPING REQUIREMENTS
Cites 1Cited by 0 across 0 sources