Advance Rulings. 1. Subject to Paragraph 2, each Party shall provide in writing advance rulings in respect of the classification of goods to a person described in Sub- paragraph 2(a) (hereinafter referred to as “advance rulings”). 2. Each Party shall adopt or maintain procedures for 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 goods in question; (b) require that an applicant for an advance ruling provide a detailed description of the goods and all relevant information needed to process an application for an advance ruling; (c) provide that its customs administration may, at any time during the course of an evaluation of an application for an advance ruling, request that the applicant provide additional information within a specified period; (d) provide that any 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; and (e) provide that an advance ruling be issued to the applicant expeditiously, or in any case within 30 working days of the receipt of all necessary information. 3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with Sub-paragraph 2(c) is not provided within the specified period. 4. Subject to Paragraph 5, each Party shall apply an advance ruling to all importations of goods described in that ruling imported into its territory within three years of the date of that ruling, or such other period as required by that Party’s laws, regulations or policies. 5. A Party may modify or revoke an advance ruling upon a determination that the advance ruling was based on an error of fact or law (including human error), or if there is a change in: (a) domestic law consistent with this Agreement; (b) a material factor; or (c) the circumstances on which the ruling is based. 6. Any fees charged for advance rulings shall not exceed the approximate cost of the services rendered in providing the advance ruling.
Appears in 4 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Advance Rulings. 1. Subject to Paragraph 2, each Party shall provide provide, in writing writing, advance tariff classification rulings in respect of the classification of goods (hereinafter referred as "pre-classification") to a person described in Sub- Sub-paragraph 2(a) (hereinafter referred to as “advance rulings”).
2. Each Party shall adopt or maintain procedures for advance rulingspre-classification, 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 pre- classification before the importation of goods in question;
(b) require that an applicant for an advance ruling pre-classification provide a detailed description of the goods and all relevant information needed to process an application for an advance rulinga pre-classification;
(c) provide that its customs administration may, at any time during the course of an evaluation of an application for an advance rulingpre- classification, request that the applicant provide additional information within a specified period;
(d) provide that any advance ruling pre-classification be based on the facts and circumstances presented by the applicant, and any other relevant information in the possession of the decision-maker; and
(e) provide that an advance ruling pre-classification be issued to the applicant expeditiously, or in any case within 30 working days of the receipt of all necessary information.
3. A Party may reject requests for an advance ruling pre-classification where the additional information requested by it in accordance with Sub-Sub- paragraph 2(c) is not provided within the specified period.
4. Subject to Paragraph 5, each Party shall apply an advance ruling a pre-classification to all importations of goods described in covered by the application for that ruling pre-classification imported into its territory within three five years of the date of that rulingthe pre-classification is issued, or such other period as required by that a Party’s 's laws, regulations or policies.
5. A Party may modify or revoke an advance ruling a pre-classification upon a determination that the advance ruling classification was based on an error of fact or law (including human error), or if there is a change in:
(a) domestic law consistent with this Agreement;
; or (b) a material factor; or
(c) the circumstances on which the ruling is based.
6. Any fees charged for advance rulings shall not exceed the approximate cost of the services rendered in providing the advance ruling.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Advance Rulings. 1. Subject Each Party, through its customs administration or other relevant authorities, to Paragraph 2the extent permitted by their domestic laws, each Party regulations and administrative determinations, on the application of a person referred in subparagraph 2(a), shall provide in writing advance rulings in respect of the classification of goods to a person described in Sub- paragraph 2(a) (hereinafter referred to as “advance rulings”)tariff classification.
2. Each Where available, each Party shall adopt or maintain procedures for 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 goods in question;
(b) require that an applicant for an advance ruling provide a detailed description of the goods and all relevant information needed to process an application for an advance ruling;
(c) provide that its customs administration may, at any time during the course of an evaluation of an application for an advance ruling, request that the applicant provide additional information within a specified period;
(d) provide that any 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; and
(e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party’s domestic laws, regulations or in any case within 30 working days of the receipt of all necessary informationadministrative determinations.
3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with Sub-paragraph subparagraph 2(c) is not provided within the a specified periodtime.
4. Subject to Paragraph 5paragraphs 1 and 5 and where available, each Party shall apply an advance ruling to all importations of goods described in that ruling imported into its territory within three years of for the date of that ruling, or such other period as required by specified in that Party’s 's domestic laws, regulations or policiesadministrative determinations.
5. A Party may modify or revoke an advance ruling upon where there is a determination that the advance ruling was based on an error of fact or law (including human error), the information provided is false or inaccurate, or if there is a change in:
(a) domestic law consistent with this Agreementlaw;
(b) a material factorfact; or
(c) the circumstances circumstances, on which the ruling is based.
6. Any fees charged for Where an importer claims that the treatment accorded to an imported good should be governed by an advance rulings shall not exceed ruling, the approximate cost customs administration may evaluate whether the facts and circumstances of the services rendered in providing importation are consistent with the facts and circumstances upon which an advance rulingruling was based.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Advance Rulings. 1. Subject Each Party, through its customs administration or other relevant authorities, to Paragraph 2the extent permitted by their domestic laws, each Party regulations and administrative determinations, on the application of a person referred in subparagraph 2(a), shall provide in writing advance rulings in respect of the classification of goods to a person described in Sub- paragraph 2(a) (hereinafter referred to as “advance rulings”)tariff classification.
2. Each Where available, each Party shall adopt or maintain procedures for 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 goods in question;
(b) require that an applicant for an advance ruling provide a detailed description of the goods and all relevant information needed to process an application for an advance ruling;
(c) provide that its customs administration may, at any time during the course of an evaluation of an application for an advance ruling, request that the applicant provide additional information within a specified period;
(d) provide that any 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; and
(e) provide that an advance ruling be issued to the applicant expeditiously, within the period specified in each Party's domestic laws, regulations or in any case within 30 working days of the receipt of all necessary informationadministrative determinations.
3. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with Sub-paragraph subparagraph 2(c) is not provided within the a specified periodtime.
4. Subject to Paragraph 5paragraphs 1 and 5 and where available, each Party shall apply an advance ruling to all importations of goods described in that ruling imported into its territory within three years of for the date of that ruling, or such other period as required by specified in that Party’s 's domestic laws, regulations or policiesadministrative determinations.
5. A Party may modify or revoke an advance ruling upon where there is a determination that the advance ruling was based on an error of fact or law (including human error), the information provided is false or inaccurate, or if there is a change in:
(a) domestic law consistent with this Agreementlaw;
(b) a material factorfact; or
(c) the circumstances circumstances, on which the ruling is based.
6. Any fees charged for Where an importer claims that the treatment accorded to an imported good should be governed by an advance rulings shall not exceed ruling, the approximate cost customs administration may evaluate whether the facts and circumstances of the services rendered in providing importation are consistent with the facts and circumstances upon which an advance rulingruling was based.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Advance Rulings. 1. Subject to Paragraph 2, each Party shall provide provide, in writing writing, advance tariff classification rulings in respect of the classification of goods (hereinafter referred as “pre-classification”) to a person described in Sub- Sub-paragraph 2(a) (hereinafter referred to as “advance rulings”).
2. Each Party shall adopt or maintain procedures for advance rulingspre-classification, which shall:
(a) 1. 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 pre- classification before the importation of goods in question;
(b) 2. require that an applicant for an advance ruling pre-classification provide a detailed description of the goods and all relevant information needed to process an application for an advance rulinga pre-classification;
(c) 3. provide that its customs administration may, at any time during the course of an evaluation of an application for an advance rulingpre- classification, request that the applicant provide additional information within a specified period;
(d) 4. provide that any advance ruling pre-classification be based on the facts and circumstances presented by the applicant, and any other relevant information in the possession of the decision-maker; and
(e) 5. provide that an advance ruling pre-classification be issued to the applicant expeditiously, or in any case within 30 working days of the receipt of all necessary information.
3. A Party may reject requests for an advance ruling pre-classification where the additional information requested by it in accordance with Sub-paragraph 2(c) is not provided within the specified period.
4. Subject to Paragraph 5, each Party shall apply an advance ruling a pre-classification to all importations of goods described in covered by the application for that ruling pre-classification imported into its territory within three five years of the date of that rulingthe pre-classification is issued, or such other period as required by that a Party’s laws, regulations or policies.
5. A Party may modify or revoke an advance ruling a pre-classification upon a determination that the advance ruling classification was based on an error of fact or law (including human error), or if there is a change in:
(a) 1. domestic law consistent with this Agreement;; or
(b) 2. a material factor; or
(c) 3. the circumstances on which the ruling is based.
6. Any fees charged for advance rulings shall not exceed the approximate cost of the services rendered in providing the advance ruling.
Appears in 1 contract
Samples: Free Trade Agreement