April 2018 — Question 62
The NAFTA Certificate of Origin must be retained in the _____.
- AU.S. by the importer until notification of liquidation is received from CBP
- BNAFTA country of origin by the producer for one year after liquidation
- CNAFTA country of origin by the producer for five years after liquidation
- DU.S. for five years after entry of the good with all relevant documentation✓ CBP's answer
- ENAFTA country of origin for five years after date of liquidation
Why this answer
Under the NAFTA recordkeeping rules of 19 CFR part 181 as tested, the importer claiming preferential treatment must keep the Certificate of Origin and all relevant supporting documentation in the United States for five years after entry of the good. The obligation this question targets belongs to the U.S. importer, so the options placing retention in the NAFTA country of origin describe the exporter's or producer's parallel duty under that country's law rather than the importer's, and option A cuts the period short by ending it at liquidation. Five years is the consistent retention period, which also disposes of the one-year option. Watch for: Confusing the U.S. importer's retention duty with the exporter's or producer's retention in the country of origin.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2018 examination.
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