447 North American Free Trade Agreement Motor Vehicle Averag

DEPARTMENT OF HOMELAND SECURITY

OMB CONTROL NO. 1651-0098
EXPIRATION DATE: 03/31/2023

U.S. Customs and Border Protection

NORTH AMERICAN FREE TRADE AGREEMENT MOTOR VEHICLE AVERAGING ELECTION
19 CFR 181

Producer’s Fiscal Year
Producer’s Name and Address

Telephone Number

Name (Last, First, MI):

Fax Number

Street:
City:

State:

Zip:

PERIOD WITH RESPECT TO WHICH THE ELECTION IS MADE

Starting Date

Ending Date

Name and Location of the Plant(s)

(If category (C), please identify every location at which the vehicles are produced)

MOTOR VEHICLE AVERAGING CATEGORY

Category chosen by the Producer
(a)

(b)

(c)

Estimated Regional Value Content of the Category
of Motor Vehicle

VEHICLES TO BE AVERAGED

Model Name

Model Line

(Applies only to category (a) and (c))

Class of Motor Vehicle

Tariff Classification

BASIS OF REGIONAL VALUE CONTENT CALCULATION
Basis of the calculation in determining the estimated regional value content of motor vehicles stated in subsection II (9). State the basis either (a) or (b) by placing an “X” in the
appropriate space.
(a) Over all vehicles produced during the fiscal year or the period selected by the producer.
(b) Over those vehicles to be exported to the territory of one
or more of the NAFTA countries that are produced during the fiscal year or the period selected by the producer. NOTE: If option (b), please identify the NAFTA country(ies) to which
the vehicles are exported.
Officer’s Name (Last, First, MI)

Title

AUTHORIZATION

Signature

Date

PAPERWORK REDUCTION ACT STATEMENT: An agency may not conduct or sponsor an information collection and a person is not required to respond to this information unless it
displays a current valid OMB control number and an expiration date. The control number for this collection is 1651-0098. The estimated average time to complete this application is 60
minutes. Obligation to respond is required to obtain benefits. If you have any comments regarding the burden estimate you can write to U.S. Customs and Border Protection, Office of
Regulations and Rulings, 90 K Street, NE., Washington DC 20229.
CBP Form 447 (6/22)

Page 1 of 2

PURPOSE

The purpose of this Motor Vehicle Averaging Election (hereby referred to as “Election of Average”) is
to provide the form to be used by a producer of light-duty vehicles or a producer of heavy duty
vehicles in filing an Election to Average in accordance with 19 CFR Part 181 and the appendix –
Rules of Origin Regulations (hereinafter referred to as “The Regulations”) section 11. An Election to
Average shall be completed in respect of each category set out in the Regulation that is chosen by
the producer of a motor vehicle referred to in section 13 of the Regulations (Special Regional Value
content Requirements) in filing an election pursuant to subsection 13 (4).

ADDITIONAL INFORMATION

For additional information regarding the completion of the Election to Average, please refer to the
NAFTA or the Regulations.

CONFIDENTIALITY

U.S. Customs and Border Protection (CBP) shall , in accordance with Article 507 of the NAFTA,
protect the confidentiality of all confidential business information contained in the Election to Average.

ORIGIN VERIFICATION
CBP may , in accordance with the Regulations, conduct a verification of any or all of the information
contained in the completed election to Average and may request that the producer submit a cost
submission reflecting the actual costs incurred in the production of the motor vehicles for which the
Election to Average has been made.

DEFINITIONS

The following definitions are relevant for purposes of this election. Class of motor vehicles means any
one of the following categories of motor vehicles:
a. Motor vehicles of any of subheading No. 870.20, tariff item Nos. 8702.10.30, and 8702.90.30,
subheading Nos. 8704.10, 8704.22, 8704.23, 8704.32 and 8704.90 and heading nos. 8705 and
8706;
b. motor vehicles of any of subheading Nos. 8701.10 and 8701.30 through 8701.90;
c. motor vehicles of any of tariff item Nos. 870210.60 and 8702.90.60 and subheading Nos.
8704.21 and 8704.31; and
d. motor vehicles of any of subheading Nos. 8703.21 through 8703.90.

Tariff classification refers to the tariff classification, to the 8th digit level, based on the Harmonized
System of tariff classification and statistical coding.

COMPLETION OF THE MOTOR VEHICLE AVERAGING ELECTION
1. State the producer's fiscal year.
2. State the full legal name and address (including country).
3. State the producer's telephone and facsimile number.
4. State the starting and ending date of the election period.
5. Identify the category of motor vehicle referred to in subsection 11(5) or the Regulations for which the
producer is making the election to average. State which category [ (a), (b), or (c) ] is applicable. The
three categories are described as follows:
a. The same model line of motor vehicles in the same class of motor vehicles produced in the same
plant in the territory of a NAFTA country;
b. The same class of motor vehicles produced in the same plaint in the territory of a NAFTA country;
and
c. The same model line of motor vehicles produced in the territory of a NAFTA country.
State the estimated regional value content for the category of motor vehicle selected.
6. Provide the name and location of the producer's plant.
7. State the model name, model line, class of motor vehicle tariff classification of the motor vehicles in
the category identified in 5. Where category (a) or (c) is elected by the producer, please indicate
whether the model line election is based on (I) a group of motor vehicles having he same platform, or
(II) a group of motor vehicles having the same model name. Please provide details as to the platform
or model name as elected.
8. State the basis on which the estimated regional value content was calculated by indicating (a) or (b) ,
whichever is applicable. The producer may calculate the estimated regional value content on the
basis of either:
a. All motor vehicles in the category identified in 5 that are produced during the fiscal year, or
b. Only those motor vehicles in the category identified in 5 that are exported to the territory of one or
more of the NAFTA countries and that are produced during the fiscal year or the period selected
by the producer.

NOTE: For details on the above tariff classifications concerning the specific Rule of Origin, please
refer to Annex 401 of the NAFTA. For description of goods in the above tariff classifications, please
refer to the HTSUS.

If the estimated regional value content is calculated on the basis of only those motors vehicles in the
category identified in 5 that are exported to the territory of one or more of the NAFTA countries, indicate
the NAFTA country (ies) to which the goods are exported for the purpose of the Election to Average.

Heavy-duty vehicle means a motor vehicle of any of heading No. 8701, tariff items Nos. 8702.10/30
and 8702.90.30, subheading Nos. 8704.22, 8704.23, 8704.32 and 8704.90 and heading Nos. 8705
and 8706.

FILING OF THE MOTOR VEHICLE AVERAGING ELECTION

Light-duty vehicle means a motor vehicle of any of tariff item Nos. 8702.10.60 and 8702.90.60 and
subheading Nos. 8703.21 though 8703.90, 8704.21 and 8704.31.
Model line means a group of motor vehicles having the same platform or model name.
Model name means the words, letter, number of similar designation assigned to a motor vehicle by a
marketing division of a motor vehicle assembler.
a. To differentiate the motor vehicle from other motor vehicles that use the same platform deign;
b. To associate the motor vehicle with other motor vehicles that us e different platform designs, or
c. To denote a platform design.
Platform means the primary load-bearing structural assembly of a motor vehicle that determines the
basic size of the motor vehicle, and is the structural base that supports the driveline and links the
suspension components of the motor vehicle for various types of frames, such as the body-on-frame
or space-frame, and monocoques.
CBP Form 447 (6/22)

The election to average must be submitted to: U.S. Customs and Border Protection,
Office of International Trade, Regulatory Audit, 1717 H Street, NW, 6nd Floor, Mail Stop 1141,
Washington, DC 20229-1141

Note 1: Pursuant to subsection 11(8) of the regulations the election may not be rescinded or modified
with respect to the category or basis of calculation.
Note 2: Where the producer of a motor vehicle has calculated the regional value content to the motor
vehicle on the basis of estimated costs, including standard cost, budgeted forecasts or other similar
estimating procedures, before or during the producer's fiscal year, the producer shall conduct an
analysis at the end of the producer's fiscal year of the actual costs incurred over the period in respect of
the production of the motor vehicle to ensure the regional value content requirement on the basis of
actual costs is satisfied. If the regional value content on the basis of actions costs is not satisfied, the
producer of the motor vehicle must immediately inform any person to who the producer has provide a
Certificate of Origin for the motor vehicle, or a written statement that the motor vehicle is an originating
good, that the motor vehicle is a non-originating good.

Page 2 of 2