Understanding US and EU rules of origin: Reduce your customs risks

Not all origins are the same

The webinar provides a structured overview of the non-preferential rules of origin in Switzerland, the EU and the USA. While Switzerland pursues an export-oriented approach - with clear criteria such as value share or tariff jump - the EU focuses on the import side, including anti-circumvention regulations. The USA is quite different: there, the determination of origin is based on substantial transformation, a systematically unclear, case-related approach. This significantly increases the risk of customs problems, especially for products with an international supply chain.

For exports to the US—whether from Switzerland, Liechtenstein or the EU—the origin rules of Switzerland or the EU play no role at all. Only US origin rules apply. ^{Kolja Mendel, Partner, Mendel Verlag}

Case-by-case reviews and rising enforcement pressure

US authorities (CBP) are increasingly checking declarations of origin, sometimes with stringent requirements for evidence such as videos or photos from production. The decisive factor is that Swiss or EU rules of origin play no role for US imports. Only the US requirements count. Mistakes can lead to punitive tariffs or the withdrawal of import privileges. Exporters from Switzerland and Liechtenstein must therefore actively support their US partners with well-founded information for legal opinions or official rulings in order to meet the standard of reasonable care.

Country of origin determination is absolutely critical for the application of tariffs. Unfortunately, in the US there is no clear rulebook. Customs decisions are highly case-specific and often subjective. ^{Martin Schaefermeier, Partner, Cassidy Levy Kent LLP, Washington D.C.}

Key guidance for Swiss and Liechtenstein exporters

Certificates of origin issued under Swiss law are not recognized by US authorities. What matters is the degree of processing in a third country. When risks are high, companies should seek a formal customs ruling in the US. The webinar also outlines how the customs database provided by Switzerland Global Enterprise supports exporters with product classification and risk assessment.

Watch the full webinar recording to reduce trade compliance risks when exporting to the US or the EU.