Common use of Advance Rulings Clause in Contracts

Advance Rulings. 1. Each Party shall provide for written advance rulings to be issued to an importer in its territory, or an exporter or producer in the territory of the other Party, concerning: (a) tariff classification; (b) questions arising from the application of the principles of the Customs Valuation Agreement; and, (c) to the extent permitted by its laws, regulations and administrative determinations, origin of goods (5). 2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shall: (a) provide that an importer in its territory, or an exporter or producer in the territory of the other Party, may apply for an advance ruling before the importation of the goods concerned; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling; (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, necessary to evaluate the application, within a specified period; (d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker; (e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's laws, regulations or administrative determinations, and in any case within 90 days of receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (f) provide in writing the reasons for the decision. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time. 4. A Party may modify or revoke an advance ruling where there is a determination that the advance ruling was based on an error of fact or law, or if there is a change in: (a) its law consistent with relevant provisions of this Agreement; or (b) amaterial fact; or (c) the circumstances on which the ruling was based. 5. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, or producer involved, where the facts and circumstances are identical in all material respects. 6. Any fees charged for advance rulings shall not exceed the approximate cost of the service rendered in providing the advance ruling.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Advance Rulings. 1. Each Party Party, where possible and to the extent permitted by its domestic laws, regulations and practices, shall provide for written advance rulings to be issued to an importer a person described in its territory, or an exporter or producer in the territory of the other Party, concerning: (asubparagraph 2(a) concerning tariff classification; (b) questions arising from , valuation and the application qualification of the principles of the Customs Valuation a good as an originating good under this Agreement; and, (c) to the extent permitted by its laws, regulations and administrative determinations, origin of goods (5). 2. Each Party shall adopt or maintain procedures for issuing written advance rulings, rulings which shall: (a) provide that an importer in its territory, territory or an exporter or producer in the territory of the other Party, Party may apply for an advance ruling before the importation of the goods concerned; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling; (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, information necessary to evaluate the application, within a specified periodrequest; (d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker; (e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's laws, regulations or administrative determinations, and in any case within 90 30 working days of the receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (f) provide in writing a written explanation for the reasons for the decisionadvance ruling. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time. 4. A Party may modify or revoke an advance ruling where there is a determination that the advance ruling was based on an error of fact or law, or if there is a change in: (a) its law consistent with relevant provisions of this Agreement; or (b) amaterial fact; or (c) the circumstances on which the ruling was based. 5. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, exporter or producer involved, where the facts and circumstances are identical in all material respects. 64. Any fees charged for A Party may modify or revoke an advance rulings shall not exceed ruling where, consistent with this Agreement: (a) there is a change in the approximate cost of law; (b) incorrect information was provided or relevant information was withheld; (c) there is a change in a material fact; or (d) there is a change in the service rendered in providing circumstances on which the advance rulingruling was based.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Advance Rulings. 1. Each Party shall provide for written advance rulings to be issued to an importer in its territory, or an exporter or producer in the territory of the other Party, concerning: (a) tariff classification; (b) questions arising from the application of the principles of the Customs Valuation Agreement; and, (c) to the extent permitted by its laws, regulations and administrative determinations, origin of goods (5)goods5. 2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shall: (a) provide that an importer in its territory, or an exporter or producer in the territory of the other Party, may apply for an advance ruling before the importation of the goods concerned; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling; (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, necessary to evaluate the application, within a specified period; (d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker; (e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's Party‟s laws, regulations or administrative determinations, and in any case within 90 days of receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (f) provide in writing the reasons for the decision. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time. 4. A Party may modify or revoke an advance ruling where there is a determination that the advance ruling was based on an error of fact or law, or if there is a change in: (a) its law consistent with relevant provisions of this Agreement; or (b) amaterial fact; or (c) the circumstances on which the ruling was based. 5. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, or producer involved, where the facts and circumstances are identical in all material respects. 6. Any fees charged for advance rulings shall not exceed the approximate cost of the service rendered in providing the advance ruling.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Advance Rulings. 1. Each Party shall provide for written advance rulings to be issued to an importer in its territory, or an exporter or producer in the territory of the other Party, concerning: (a) tariff classification; (b) questions arising from the application of the principles of the Customs Valuation Agreement; and, (c) to the extent permitted by its laws, regulations and administrative determinations, origin of goods (5)goods5. 2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shall: (a) provide that an importer in its territory, or an exporter or producer in the territory of the other Party, may apply for an advance ruling before the importation of the goods concerned; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling; (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, necessary to evaluate the application, within a specified period; (d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker; (e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's ’s laws, regulations or administrative determinations, and in any case within 90 days of receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (f) provide in writing the reasons for the decision. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time. 4. A Party may modify or revoke an advance ruling where there is a determination that the advance ruling was based on an error of fact or law, or if there is a change in: (a) its law consistent with relevant provisions of this Agreement; or (b) amaterial fact; or (c) the circumstances on which the ruling was based. 5. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, or producer involved, where the facts and circumstances are identical in all material respects. 6. Any fees charged for advance rulings shall not exceed the approximate cost of the service rendered in providing the advance ruling.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Advance Rulings. 1. Each Party shall provide for written advance rulings to be issued to an importer a person described in its territory, or an exporter or producer in the territory of the other Party, concerning: (aparagraph 2(a) concerning tariff classification; (b) , questions arising from the application of the principles of the Customs Valuation Agreement; and, (c) to , country of origin, and the extent permitted by its laws, regulations and administrative determinations, origin qualification of goods (5)a good as an originating good under this Agreement. 2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shallrulings that: (a) provide that an a potential importer in its territory, territory or an exporter or producer in the territory of the other Party, Party may apply for an request a ruling prior to the importation that is the subject of the advance ruling before the importation of the goods concernedrequest; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling;; and (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, necessary to evaluate the application, within a specified period; (d) ensure that an advance ruling will be based on the facts and circumstances presented by the applicant and any other relevant information in person requesting the possession of the decision-maker; (e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's laws, regulations or administrative determinations, and in any case within 90 days of receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (f) provide in writing the reasons for the decisionruling. 3. A Each Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time. 4. A Party may modify or revoke an advance ruling where there is a determination shall provide that the advance ruling was based on an error of fact or law, or if there is a change inits customs authorities: (a) its law consistent with relevant provisions may request, at any time during the course of this Agreement; or evaluating a request for an advance ruling, additional information necessary to evaluate the request; (b) amaterial factshall issue the advance ruling expeditiously, and no later than 120 days after obtaining all necessary information; or and (c) shall provide a written explanation of the circumstances on which reasons for the ruling was basedruling. 54. Subject to paragraph 45, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure apply the same treatment of provided by the advance ruling to all importations regardless of the importer, exporter, or producer involved, where provided that the facts and circumstances are identical in all material respects. 65. Any fees charged A Party may modify or revoke an advance ruling on a determination that the ruling was based on an error of fact or law, or where there is a change in law consistent with this Agreement, a change in a material fact, or a change in the circumstances on which the ruling is based. The issuing Party shall postpone the effective date of any such modification or revocation for advance rulings shall not exceed at least 60 days where the approximate cost of person to whom the service rendered ruling was issued has relied in providing the advance good faith on that ruling.

Appears in 1 contract

Samples: Free Trade Agreement

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Advance Rulings. 1. Each Party shall provide for written advance rulings to be issued to an importer in its territory, or an exporter or producer in the territory of the other Party, concerning: (a) tariff classification; (b) questions arising from the application of the principles of the Customs Valuation Agreement; and, (c) to the extent permitted by its laws, regulations and administrative determinations, origin of goods (5). 2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shall: (a) provide that an importer in its territory, or an exporter or producer in the territory of the other Party, may apply for an advance ruling before the importation of the goods concerned; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling; (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information, necessary to evaluate the application, within a specified period; (d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-decision- maker; (e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's ’s laws, regulations or administrative determinations, and in any case within 90 days of receipt of all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (f) provide in writing the reasons for the decision. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph 2(c) is not provided within the specified time. 4. A Party may modify or revoke an advance ruling where there is a determination that the advance ruling was based on an error of fact or law, or if there is a change in: (a) its law consistent with relevant provisions of this Agreement; or or (b) amaterial a material fact; or or (c) the circumstances on which the ruling was based. 5. Subject to paragraph 4, each Party shall apply an advance ruling to importations into its territory beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, or producer involved, where the facts and circumstances are identical in all material respects. 6. Any fees charged for advance rulings shall not exceed the approximate cost of the service rendered in providing the advance ruling.

Appears in 1 contract

Samples: Malaysia Australia Free Trade Agreement

Advance Rulings. 1. Each Party shall provide for the issuance of written advance rulings to be issued to an importer a person described in its territory, or an exporter or producer in the territory of the other Party, concerning: (asubparagraph 2(a) concerning tariff classification; (b) , questions arising from the application of the principles of the Customs Valuation Agreement; and, (c) to , country of origin, and the extent permitted by its laws, regulations and administrative determinations, origin qualification of goods (5)a good as an originating good under this Agreement. 2. Each Party shall adopt or maintain procedures for issuing written the issuance of advance rulings, which shallrulings that: (a) provide that an importer in its territory, territory or an exporter or producer in the territory of the other Party, Party may apply for an advance request such a ruling before prior to the importation of the goods concernedin question; (b) require that an applicant for an advance ruling include a detailed description of the goods and all relevant information required to process a request for an advance ruling;; and (c) allow its Customs Administration, at any time during the course of an evaluation of an application for an advance ruling, to request provide that the applicant provide additional information, necessary to evaluate the application, within a specified period; (d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and person requesting the ruling. 3. Each Party shall provide that its customs authorities: (a) may request, at any other relevant time during the course of evaluating a request for an advance ruling, additional information in necessary to evaluate the possession of the decision-makerrequest; (eb) provide that an shall issue the advance ruling be issued to the applicant expeditiously, and within the period specified in each Party's laws, regulations or administrative determinations, and in any case within 90 120 days of receipt of after obtaining all necessary information, or within 60 days of receipt of a third party analysis report where this is required; and (fc) provide in writing shall provide, upon request of the person who requested the advance ruling, a full explanation of the reasons for the decisionruling. 34. A Subject to paragraph 5, each Party may reject requests for shall apply an advance ruling where to importations into its territory beginning on the additional information requested date of issuance of the ruling or such date as may be specified in the tuling. The treatment provided by it the advance ruling shall be applied to importations without regard to the identity of the importer, exporter, or producer, provided that the facts and circumstances are identical in accordance with subparagraph 2(c) is not provided within the specified timeall material respects. 45. A Party may modify or revoke an advance ruling where there is upon a determination that the advance ruling was based on an error of fact or law, or if there is a change in: (a) its in law consistent with relevant provisions of this Agreement; , a material fact, or (b) amaterial fact; or (c) the circumstances on which the ruling was is based. 5. Subject to paragraph 4, each The issuing Party shall apply an advance ruling postpone the effective date of such modification or revocation for a period of not less than 60 days where the person to importations into its territory beginning on the date it issues whom the ruling or was issued has relied in good faith on any other date specified in the ruling. The Party shall ensure the same treatment of all importations regardless of the importer, exporter, or producer involved, where the facts and circumstances are identical in all material respects. 6. Any fees charged for advance rulings shall not exceed the approximate cost of the service rendered in providing the advance that ruling.

Appears in 1 contract

Samples: Free Trade Agreement

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