Using Certificates of Origin for exporting to the USA

Interim guidance from Business West on using Certificates of Origin for exporting to the USA - April 2025
 

Following recent developments around US import tariffs, we want to provide some clarification for UK exporters regarding the use of Certificates of Origin when shipping goods to the United States.

As the UK does not currently have a Free Trade Agreement (FTA) with the US, all exports are subject to non-preferential rules of origin. These are not based on World Trade Organisation or International Chambers of Commerce guidance, as is common elsewhere, but instead are determined solely by U.S. Customs and Border Protection (CBP) under their own national rules. Therefore, exporters must fully understand and comply with US origin requirements. You can find the relevant non-preferential origin rules issued by CBP [pages 8–11].

Using a Certificate of Origin for the US

Although US authorities have not issued definitive guidance on what constitutes acceptable proof of origin, a Certificate of Origin (CofO) can be a useful addition to your export documentation when trading with the US.
For businesses that have thoroughly assessed and complied with the non-preferential origin US rules, a CofO may help support your shipment paperwork and customs clearance process.

However, it is important to note that CBP operates under its own interpretation of origin rules, and a CofO issued by Business West does not guarantee acceptance by US authorities. We advise all exporters to ensure full compliance before using a CofO for the US market, and we are here to provide support if you need it.

Optional statement for Box 5

If you choose to proceed with a CofO for goods exported to the USA, you may include the following optional statement in Box 5 (Remarks):

“The origin of these goods was determined using the non-preferential rules of origin published by U.S. Customs and Border Protection (CBP) agency.”

Please note: Even with this statement included, acceptance by CBP cannot be guaranteed. You must be confident that your goods comply with the CBP’s origin rules before adding the statement. Penalties may apply for incorrect or misleading origin declarations.

This remains an evolving situation, and we will continue to monitor developments and provide updates as more information becomes available. If you have questions about your products or the use of Certificates of Origin, please don’t hesitate to contact our team. In addition, we are keen to gain feedback from our customers on their experiences at the border if they are using Certificates of Origin. Please let us know how you got on by completing this short survey.