Answer #1: For questions about importing from Morocco under the U.S.-Morocco FTA, see the U.S. Customs and Border Protection (CBP) Morocco FTA page by searching “Morocco” at www.cbp.gov.
Answer #2: The Morocco Free Trade Agreement (MAFTA) went into effect on January 1, 2006; following information is available from the Morocco FTA webpage:
Answer #3: Answers to questions on exporting to Morocco can be found on www.export.gov.
Answer #4: A U.S.-Morocco FTA claim is made by prefacing the tariff item on the entry summary with the Special Program Indicator “BH” (19 CFR 10.763) or by filing a PEA/PSC claim within one year of importation.
Answer #5: No a 19 USC 1520(d) is not an option.
Answer #6: By making a U.S.-Morocco FTA preference claim, the importer attests that the good is eligible for U.S.-Morocco FTA preference and accepts responsibility for the truthfulness and accuracy of the claim. The importer is also responsible for providing the certification of origin and supporting documentation to CBP upon request. (19 CFR 10.765)
Answer #7: If the U.S.-Morocco FTA claim is based on the exporter’s or producer’s Declaration, the importer should provide that Declaration to CBP. If the U.S.-Morocco FTA claim is based on the importer’s Declaration or importer knowledge, the importer should provide its own certification of origin.
Answer #8: Although there is no official Declaration form or format required under the U.S.- Morocco FTA, a free-form Declaration with all of the data elements in 19 CFR 10.764 may also be made.
Answer #9: The importer must provide CBP with a U.S.-Morocco FTA Declaration upon request by CBP.
Answer #10: If the importer has knowledge that the goods originate and can provide documentation to substantiate the claim, then the importer need not possess an exporter or producer Declaration.
Answer #11: No, the certification of origin must be signed and dated by an individual with knowledge of the facts and the authority to legally bind the company.
Answer #12: CBP may accept a Declaration with an incorrect HTSUS number or request that amended Declaration be submitted with a copy of the original Declaration as an attachment. The correct HTSUS number on the Declaration is an important indicator that the origination analysis was performed using the correct product-specific rule in HTSUS General Note 27(h).
Answer #13: An exporter or producer Declaration signed after the date of the preference claim could not have been in the importer’s possession at the time of such claim. However, if the preference claim is based on importer’s knowledge, no exporter/producer certification is required.
Answer #14: The information required to substantiate an origination claim depends on the rule of origin and the nature of the good. In the case of a manufactured good using a product-specific rule of origin in GN 27(h), at a minimum, the following documentation should be provided:
Answer #15: Yes, the importer is responsible for ensuring that CBP receives documentation substantiating that the good meets a rule of origin and otherwise complies with the terms of the U.S.-Morocco FTA. If the importer hasn’t the information, he should contact the exporter and/or producer to ensure that the information is provided to CBP. To protect confidentiality, a manufacturer may provide documentation directly to CBP. Per 19 CFR 103.35, CBP is barred from releasing business confidential information to the importer or any other party without obtaining consent.
Answer #16: Yes, CBP will accept a digitized certification of origin as long as it contains a handwritten signature or the image of a handwritten signature.
Answer #17: In order to be an “originating” good, a good must meet a rule of origin and all other requirements (GN 27 and 19 CFR 10.770).
Answer #18: Generally speaking, a good will originate if:
Answer #19: Generally speaking, the producer will know that a material originates because his supplier will provide a certification or affidavit upon request. If a material supplier will not provide a certification or affidavit, then the producer should consider the material to be non-originating.
Answer #20: No, the importer would not be exercising reasonable care and may be subject to penalties if the good were found not to originate. By making a preference claim, the importer is certifying that the good meets the terms of the agreement and that the importer/exporter/producer will provide CBP with substantiating documentation upon request.
Answer #21: No, there is no chemical reaction rule of origin for goods of HTSUS Chapter 27 from Morocco.
Answer #22: No, there is no purification rule of origin for goods of HTSUS chapter 27.
Answer #23: Repair and Alteration Provision rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Morocco as provided for in subheadings 9802.00.40 and 9802.00.50, 19 CFR 10.787.
Answer #24: No, there is no fungible goods and material provision for the Morocco FTA.
Answer #25: It means that all non-originating materials, with the possible exception of a small de minimis value, used to produce the good undergo a tariff shift prescribed in General Note 27(h).
Answer #26: There is no de minimis rule for the Morocco FTA.
Answer #27: For the Morocco FTA tariff items are (Certain goods in HTSUS 6-9, 12-13, 20-22, 39, 42, 50-63, 70, 72, 85, 87 & 94) all other are either Wholly the growth, or 35% DCP + VOM, and new article of commerce Unlimited US value may count towards 35%.
Answer #28: The RVC formula should be used where it applies (Direct cost of processing, value of originating materials, adjusted value of imported goods.
Answer #29: The value of a good and its constituent materials is determined in accordance with General Note 27(b)(ii), (c), (f) and 19 CFR 10.770.
Answer #30 Indirect materials are to be disregarded in determining whether a good qualifies as an originating good under 19 CFR 10.777 of this subpart and General Note 27 (d) (v), HTSUS, except that the cost of such indirect materials may be included in meeting the value-content requirement specified in 19 CFR 10.770(b) of this subpart.
Answer #31: Yes, Imported Directly: May leave customs' control, may not undergo further production in a 3rd country, limited operations specified; GN 27(d)(v); 19 CFR 10.777.
Answer #32: No, Morocco quotas ended January 1, 2015.
Answer #33: No, U.S. goods returned cannot be claimed under the U.S.-Morocco FTA, but may be exempt from duty under HTSUS 9801.00.10.
Answer #34: No, there is no exemption from MPF per 19 CFR 24.23(c).
Answer #35: USITC Publication 3721, Annex 2, Section B, is available at a link from the Morocco FTA webpage
Answer #36: Questions may be addressed to our mailbox at fta@dhs.gov. Also visit the Morocco FTA webpage.