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ARTICLE · 24 APRIL 2020

When CUSMA Enters Into Effect, NAFTA Advance Rulings Are No Longer Valid

Importers who have an existing NAFTA advance ruling might not be able to rely on the NAFTA advance ruling after the implementation of CUSMA.

CanadaInternational Law

On April 3, 2020, the Canada Border Services Agency ("CBSA") published Customs Notice 20-14 "Implementation of the Canada-United States-Mexico Agreement (CUSMA)" in which the CBSA makes it clear that NAFTA origin advance rulings will no longer be valid when CUSMA enters into effect. As a result, importers should take steps to obtain updated CUSMA origin advance rulings sooner rather than later.

Importers who have an existing NAFTA advance ruling might not be able to rely on the NAFTA advance ruling after the implementation of CUSMA. The CBSA is requiring NAFTA advance rulings to be updated. The CBSA wants to review the facts in the context of CUSMA and issue replacement CUSMA advance rulings. In Customs Notice 20-14, the CBSA writes:

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