If you have filled out a certification of origin but cannot substantiate the originating status of the goods therein, you are required to notify all recipients of said certification and the country of export.
Any claim for preferences under the Colombia Trade Agreement must be supported by a Certificate of Origin attesting to the imported product’s originating status. This link provides a PDF template demonstrating how such a Certificate of Origin can be structured. The template is fillable, and users may elect to use it. Its use, or adherence to its structure, is in no way compulsory. Nevertheless, pursuant to the relevant regulations, all of the data elements specified therein must still be provided upon request to CBP in connection with a claim for preferential tariff treatment.
Colombia TPA Data Elements for the Certificate of Origin - 19 CFR 10.3004
As an alternate to the Certification of Origin template, a free-form certification can be used by Colombian producers and exporters, and US importers, when attesting that their goods meet the requirements of the Colombia TPA.
Harmonized Tariff Schedule of the United States (HTSUS) - Colombia TPA General Note 34
A current link to the general note, including the General Rules of Origin, Definitions, Value (including Regional Value Content and De Minimis), Sets, Packing and Packaging Materials, Indirect Materials, Recordkeeping and the all-important Product Specific Rules of Origin.
NOTE: On the USITC link, select the “General Notes; General rules of Interpretation; General Statistical Notes,” link, followed by “General Note 34”.
The following Colombia TPA goods may be subject to a reduced tariff rate quota (TRQ): sugar, beef, dairy, tobacco and cotton. Click here for an overview of quota. Go to the Commodity Graph Report for current fill levels. Go to the TPL Threshold to Fill List to see almost closed and closed quotas.
Use this tool to learn the duty that your Colombian goods will pay upon importation into the United States both today and in future years.
The Reconciliation Prototype is an alternate method of submitting on-going, high-volume post-importation Colombia TPA claims. Like standard 19 USC 1520(d) claims, they must be made within one-year of importation and all preference program requirements and responsibilities remain in effect.
Additional Resources and Regulations:
Colombia TPA Text: The complete text of the agreement.
Colombia TPA Regulations: A current link to the e-CFR website including: Import Requirements, Filing a Claim, Regional Value Content (RVC) Certification, Post-Importation Refunds, Rules of Origin, Origin Verifications, Transshipment, and Penalties.
USITC Publication 4320: This publication includes the modifications to the HTSUS, the Duty Phase-Out Schedule and other important information.
Colombia TPA Implementation Act: Public Law No. 112-42, 125 Stat. 462 and codified at 19 USC 3805 Note
Presidential Proclamation 8818: This document enacting the Colombia TPA was published in the Federal Register on May 18, 2012.
