Answer first
Core rule
The importer is responsible for a USMCA claim. A claim generally requires a valid certification in the importer's possession at the time of claim, the required entry indicator, supporting records, correction of a known unsupported claim, and five-year retention; an eligible missed claim may be made within one year after importation under the post-import procedure.
Authority and lookup route
Locate the rule before returning to the facts. Links point to government or official publications.
Reference lookup task
Map the nine Annex 5-A certification-data groups to the detailed § 182.12 subitems and certification statement, then create a separate post-import checklist from §§ 182.31–182.32. Mark which evidence must exist at claim time and which filing route applies later.
Route: Part 182 Subpart B → certification data → claim exception/correction → Subpart D post-import claim → Subpart G records
Worked example
An eligible Canadian machine was imported eight months ago without a USMCA claim. The importer now has a valid certification covering the machine and supporting origin records. Is the opportunity necessarily lost?
- 1Confirm substantive origin under the rule applicable on the import date; a certification does not create origin.
- 2Compare eight months with the one-year post-import period in § 182.31.
- 3Prepare the § 182.32 post-import claim package and retain the supporting records under Subpart G.
Conclusion: No. On these facts, the importer may still seek preferential treatment through the Part 182 post-import procedure because the claim is within one year, provided every substantive and filing requirement is satisfied.
Common traps
- Assuming 'no mandatory form' means no mandatory certification data.
- Treating a certification as proof without testing the underlying origin facts.
- Confusing the one-year post-import deadline with certification or record-retention periods.
- Failing to correct a claim after learning that it is unsupported.