Common use of Advance Rulings Clause in Contracts

Advance Rulings. 1. Each Party shall provide for the issuance of written advance rulings, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in another Party, as to whether the good qualifies as an originating good. The importing Party shall issue its determination regarding the origin of the good within sixty (60) days from the date of receipt of an application for an advance ruling. 2. The importing Party shall apply an advance ruling issued by it under paragraph 1 of this Article. The customs administration of each Party shall establish a validity period for an advance ruling of not less than two (2) years from the date of its issuance. 3. The importing Party may modify or revoke an advance ruling: (a) if the ruling was based on an error of fact; (b) if there is a change in the material facts or circumstances on which the ruling was based; (c) to conform with a modification of this Chapter; or (d) to conform with a judicial decision or a change in its domestic law. 4. Each Party shall provide that any modification or revocation of an advance ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions. 5. Notwithstanding paragraph 4 of this Article, the issuing Party shall postpone the effective date of the modification or revocation of an advance ruling not exceeding ninety (90) days where the person to whom the advance ruling was issued demonstrates that he has relied in good faith to his detriment on that ruling.

Advance Rulings. 1. Each Party shall issue an advance ruling in a reasonable, time-bound manner to the applicant that has submitted a written request containing all necessary information. If a Party declines to issue an advance ruling, it shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision. 2. A Party may decline to issue an advance ruling to the applicant where the question raised in the application: (a) is already pending in the applicant's case before any governmental agency, appellate tribunal, or court; or (b) has already been decided by any appellate tribunal or court. 3. The advance ruling shall be valid for a reasonable period of time after its issuance unless the law, facts, or circumstances supporting that ruling have changed. 4. Where the Party revokes, modifies, or invalidates the advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision. Where a Party revokes, modifies, or invalidates advance rulings with retroactive effect, it may only do so where the ruling was based on incomplete, incorrect, false, or misleading information. 5. An advance ruling issued by a Party shall be binding on that Party in respect of the applicant that sought it. The Party may provide that the advance ruling is binding on the applicant. 6. Each Party shall publish, at a minimum: (a) the requirements for the issuance of written advance rulings, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in another Party, as to whether the good qualifies as an originating good. The importing Party shall issue its determination regarding the origin of the good within sixty (60) days from the date of receipt of an application for an advance ruling. 2. The importing Party shall apply an advance ruling issued by it under paragraph 1 of this Article. The customs administration of each Party shall establish a validity period for an advance ruling of not less than two (2) years from , including the date of its issuance. 3. The importing Party may modify or revoke an advance ruling: (a) if information to be provided and the ruling was based on an error of factformat; (b) if there is a change in the material facts or circumstances on time period by which the ruling was based;it will issue an advance ruling; and (c) to conform with a modification the length of this Chapter; or (d) to conform with a judicial decision or a change in its domestic lawtime for which the advance ruling is valid. 47. Each Party shall provide that any modification or revocation provide, upon written request of an advance ruling shall be effective on the date on which the modification or revocation is issuedapplicant, or on such later date as may be specified therein, and shall not be applied to importations a review of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditionsor the decision to revoke, modify, or invalidate the advance ruling. 58. Notwithstanding paragraph 4 of this Article, the issuing Each Party shall postpone endeavor to make publicly available any information on advance rulings which it considers to be of significant interest to other interested persons, taking into account the effective date of the modification or revocation of an advance ruling not exceeding ninety (90) days where the person need to whom the advance ruling was issued demonstrates that he has relied in good faith to his detriment on that rulingprotect commercially confidential information.

Advance Rulings. 1. Each Party shall provide for the issuance of written advance rulings, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in another the other Party, as to whether the good qualifies as an originating good. The importing Party shall issue its determination regarding the origin of the good within sixty (60) 120 days from the date of receipt of an application for an advance ruling. 2. The importing Party shall apply an advance ruling issued by it under paragraph 1 to importation into its territory of this Articlethe good for which the ruling was issued. The customs administration administrations of each Party shall both Parties may establish a validity period for an advance ruling of not less than two (2) 2 years from the date of its issuance. 3. The importing Party may modify or revoke an advance ruling: (a) if the ruling was based on an error of fact; (b) if there is a change in the material facts or circumstances on which the ruling was based; (c) to conform with a modification of this Chapter; or (d) to conform with a judicial decision or a change in its domestic law. 4. Each Party shall provide that any modification or revocation of an advance ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions. 5. Notwithstanding paragraph 4 of this Article4, the issuing Party shall postpone the effective date of the modification or revocation of an advance ruling by a period not exceeding ninety (90) 90 days where the person to whom the advance ruling was issued demonstrates that he has relied in good faith to his detriment on that ruling.

Advance Rulings. 1. Each A Party shall provide for issue an advance ruling, on an application of an exporter, importer or any person with respect to: (a) the issuance origin of written advance rulings, prior to goods; (b) the importation tariff classification of a good into its territoryproduct; and (c) the appropriate method or criteria, and the application therof, to an importer be used for determining the customs value under a particular set of the good in its territory or to an exporter or producer of the good in another Party, as to whether the good qualifies as an originating goodfacts. The importing issuing Party shall issue its determination regarding the origin of the good within sixty (60) days from the date of on receipt of an application for an advance rulingall necessary information. 2. The importing issuing Party shall apply an advance ruling issued by it under paragraph 1 of this Article. The customs administration of each a Party shall establish a validity period for an advance ruling of not less than two one (21) years year from the date of its issuance. 3. The importing issuing Party may modify or revoke an advance ruling: (a) if the ruling was based on an error of fact; (b) if there is a change in the material facts or circumstances on which the ruling was based; (c) to conform with a modification of this Chapter; or (dc) to conform with a judicial decision or a change in its domestic lawlaws. 4. Each Party shall provide provide, in its domestic law, that any modification or revocation of an advance ruling shall be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its the terms and conditionsconditions of the advance ruling. 5. Notwithstanding paragraph 4 of this ArticleWhere a Party modifies or revokes an advance ruling, it shall provide written notice to the issuing applicant setting out the relevant facts and the basis for its decision. Where a Party shall postpone the effective date of the modification revokes or revocation of modifies an advance ruling not exceeding ninety (90) days with retrospective effect, it may only do so where the person to whom the advance ruling was based on incomplete, incorrect, false or misleading information. 6. An advance ruling issued demonstrates that he has relied in good faith to his detriment by a Party shall be binding on that rulingParty in respect of the applicant that sought it. The Party may provide that the advance ruling is binding on the applicant.

Advance Rulings. 1. Each Party shall shal provide for the issuance of written advance rulings, prior to the importation of a good into its territory, to an importer of the good in its territory or to an exporter or producer of the good in another the other Party, as to whether the good qualifies as an originating good. The importing Party shall shal issue its determination regarding the origin of the good within sixty (60) 120 days from the date of receipt of an application for an advance ruling. 2. The importing Party shall shal apply an advance ruling issued by it under paragraph 1 to importation into its territory of this Articlethe good for which the ruling was issued. The customs administration administrations of each Party shall both Parties may establish a validity period for an advance ruling of not less than two (2) 2 years from the date of its issuance. 3. The importing Party may modify or revoke an advance ruling: (a) if the ruling was based on an error of fact; (b) if there is a change in the material facts or circumstances on which the ruling was based; (c) to conform with a modification of this Chapter; or (d) to conform with a judicial decision or a change in its domestic law. 4. Each Party shall shal provide that any modification or revocation of an advance ruling shall shal be effective on the date on which the modification or revocation is issued, or on such later date as may be specified therein, and shall shal not be applied to importations of a good that have occurred prior to that date, unless the person to whom the advance ruling was issued has not acted in accordance with its terms and conditions. 5. Notwithstanding paragraph 4 of this Article4, the issuing Party shall shal postpone the effective date of the modification or revocation of an advance ruling by a period not exceeding ninety (90) 90 days where the person to whom the advance ruling was issued demonstrates that he has relied in good faith to his detriment on that ruling.