Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 AUGUST 2021

Non-Preferential Origin Rules – Which Do You Prefer?

Braumiller Group (Dallas)
Explore more from Braumiller Group (Dallas)

There are two basic sets of country of origin rules that may apply to imports: (1) The preferential origin rules for articles considered "originating" under a free trade agreement; ...

United StatesInternational Law
Adrienne Braumiller
Adrienne Braumiller
Author LinkedIn connections

There are two basic sets of country of origin rules that may apply to imports: (1) The preferential origin rules for articles considered "originating" under a free trade agreement; and (2) the non-preferential rules for articles not qualifying under a free trade agreement.

If articles are imported from Canada or Mexico and do not qualify for the US-Mexico-Canada free trade agreement (USMCA), what rules apply? Such imports would be considered non-preferential, but how would the country of origin be determined?

The country of origin is important for a number of reasons:

  • It must be declared on the invoice and entry
  • Many products – especially consumer goods – must be individually marked with the country of origin

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

The Lindsey Graham Sanctions Act: What Businesses Need To Know About The New Tariffs

President Trump signed the Lindsey O. Graham Sanctioning Russia and Iran Act into law on September 18, 2026, establishing mandatory tariffs of up to 500% on Russian goods and up to 100% on goods from countries that continue to buy Russian energy. The Act targets major importers like China, India, and Turkey, with limited relief mechanisms including natural gas exceptions, presidential waivers, and a 270-day winddown period for entities divesting from Russian operations.
GlobalInternational Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

U.S.-China Trade Truce Extended Two Months: BIS Affiliates Rule Suspension Follows

The U.S.-China trade truce has been extended through January 10, 2027, pushing back the effective date of the Bureau of Industry and Security's Affiliates Rule. While the suspension delays immediate compliance obligations, the rule remains in place and companies should use this additional time to prepare their compliance programs before the suspension potentially expires.
GlobalInternational Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Updates On Export Controls Impacting AI & Advanced Computing

The U.S. Department of Commerce's Bureau of Industry and Security issued guidance on May 31, 2026, clarifying licensing requirements for advanced computing items and AI technologies. The guidance maintains export restrictions for entities in certain countries while providing limited relief for data center operators, though questions remain about future regulatory direction. Companies must now strengthen their compliance programs and supply-chain due diligence as BIS continues to prioritize national security
GlobalInternational Law
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Article

New Tariffs And Import Bans: An Update On The U.S.-Canada “Trade War”

The U.S.-Canada trading relationship has reached a critical juncture as both nations implement escalating trade measures, with Canada's counter-tariffs taking effect and the United States responding with unprecedented import bans on Canadian alcoholic beverages, dairy products, and motorcycles. These actions mark a significant expansion of the Trump Administration's use of Section 338 of the Tariff Act of 1930, moving beyond additional tariffs to outright import restrictions. What does this escalation mean
GlobalInternational Law
Cassidy Levy Kent LLP
Cassidy Levy Kent LLP
Article

A Bad Actor, AI, And The Potential Creation Of Global Trade Chaos And Armageddon

With the ever-growing barrage of rhetoric over just how, when, and if, AI will kill us all, the conversation also lends itself to, do we believe it will be AI that kills us, or a bad actor using AI? If I showed you a picture of East Asia at night from space and pointed out that you can’t see North Korea for the lack of available electricity, (It’s 99% blacked out, and only Pyongyang shows a small cluster of light) would you think for a minute that they would have the tech savvy, and high end software, or even hardware, necessary to steal $6.7 billion in crypto since 2017?
United StatesInternational Law
Braumiller Group (Dallas)
Braumiller Group (Dallas)
Article

Ignorance Is Not Bliss: The BIS Affiliates Rule

The time has come. The U.S. Bureau of Industry and Security’s (“BIS”) Affiliates Rule that was postponed last year is slated to take effect November 10, 2026, barring another extension. The Rule was initially set to start November 10, 2025 but was extended for a year, effectively giving exporters one-year notice to conduct due diligence within its customer base to ensure compliance with the Rule.
United StatesInternational Law
Braumiller Group (Dallas)
Braumiller Group (Dallas)
Article

After The “Mess”: IEEPA Refunds And The Contractual Lessons For Businesses

Back in February, Justice Kavanaugh called the IEEPA tariff refund process a “mess.” At the time, the description reflected the uncertainty surrounding billions of dollars in potential refunds. Shortly thereafter, a wave of lawsuits emerged asking a deceptively simple question: if businesses passed the cost of tariffs downstream, who should ultimately benefit when those tariffs are refunded?
United StatesInternational Law
Braumiller Group (Dallas)
Braumiller Group (Dallas)