Claims for Preferential Tariff Treatment. 1. Except as otherwise provided for in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment to: (a) make a written statement in the customs declaration, based on a valid Certificate of Origin, indicating that the good qualifies as originating; (b) have in its possession the Certificate of Origin at the time the statement referred to in subparagraph (a) is made; (c) have in its possession the documents which certify that the requirements established in Article 3.14 (Direct Transport) have been met, where applicable; and (d) submit the valid Certificate of Origin, as well as the documents referred to in subparagraph (c) to the customs authority, where it is required.
2. Where an importer has a reason to believe that a Certificate of Origin on which a statement was based contains incorrect information, the importer shall make a corrected statement and pay any customs duty owed.
3. Where an importer does not comply with any requirements under this Chapter or Chapter Three (Rules of Origin), preferential tariff treatment shall be denied to the goods imported from the territory of the exporting Party.
Claims for Preferential Tariff Treatment. 1. Each Party shall provide that an importer may make a claim for preferential tariff treatment, based on a certification of origin completed by the exporter, producer, or importer (1) for the purpose of certifying that a good being exported from the territory of a Party into the territory of another Party qualifies as an originating good.
2. An importing Party may:
(a) require that an importer who completes a certification of origin provide documents or other information to support the certification;
(b) establish in its law conditions that an importer shall meet to complete a certification of origin;
(c) if an importer fails to meet or no longer meets the conditions established under subparagraph (b), prohibit that importer from providing its own certification as the basis of a claim for preferential tariff treatment; or
(d) if a claim for preferential tariff treatment is based on a certification of origin completed by an importer, prohibit that importer from:
(i) issuing a certification, based on a certification of origin or a written representation completed by the exporter or producer, and
(ii) making a subsequent claim for preferential tariff treatment for the same importation, based on a certification of origin completed by the exporter or producer.
3. Each Party shall provide that a certification of origin:
(a) need not follow a prescribed format;
(b) contains a set of minimum data elements as set out in Annex 5-A (Minimum Data Elements) that indicate that the good is both originating and meets the requirements of this Chapter;
(c) may be provided on an invoice or any other document;
(d) describes the originating good in sufficient detail to enable its identification; and
(e) meets the requirements as set out in the Uniform Regulations.
4. A Party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice was issued in a non- Party. However, a certification of origin shall not be provided on an invoice or any other commercial document issued in a non-Party.
5. Each Party shall provide that the certification of origin for a good imported into its territory may be completed in English, French, or Spanish. If the certification of origin is notin a language of the importing Party, the importing Party may require an importer to submit, upon request, a translation into such a language.
6. Each Party shall allow a certification of origin to be completed and submitted electronically and shall accept the certification of...
Claims for Preferential Tariff Treatment. 1. Except as otherwise provided in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of the other Party to: (a) request preferential tariff treatment at the time of importation of an originating good, in accordance with the procedures applicable in the importing Party; (b) make a written declaration, if it deems necessary, that the good qualifies as an originating good; (c) have the certificate of origin in its possession at the time the claim referred to in subparagraph (a) is made; and (d) provide, on the request of that Party's customs authority, a copy of the certificate of origin and such other documentation related to the importation of the good in accordance with the laws and regulations of the importing Party.
2. An importer should promptly make a corrected declaration in a manner required by the customs authority of the importing Party and pay any duties owing where the importer has reason to believe that a certificate of origin on which a claim was based contains information that is not correct.
Claims for Preferential Tariff Treatment. 1. For the purposes of claiming preferential tariff treatment, the importer shall submit to the customs authority of the importing Party, an import declaration, a Certificate of Origin and other documents as required in accordance with the laws and regulations of the importing Party.
2. In cases when a Certificate of Origin is rejected by the customs authority of the importing Party, the Certificate of Origin shall be marked accordingly in Box 4 and the original Certificate of Origin shall be returned to the competent authority within a reasonable period not exceeding sixty (60) days. The competent authority shall be duly notified of the grounds for the denial of preferential tariff treatment.
Claims for Preferential Tariff Treatment. 1. Except as otherwise provided in Article 3.22, each Party shall grant preferential tariff treatment to a good that qualifies as an originating good of the exporting Party provided that the importer:
(a) makes a claim for preferential tariff treatment, either by written or electronic means before or at the time of importation, or otherwise in accordance with the importing Party’s laws and regulations, on the grounds that the good qualifies as an originating good;
(b) possesses a valid Certificate or Declaration of Origin for the imported good;
(c) submits, if required by the importing customs administration, the original or copy of the Certificate or Declaration of Origin and such other documentation relating to the importation of the good; and
(d) submits, if required by the importing customs administration, evidence to prove that the consignment criteria specified in Article 3.13 have been met.
2. Where a Certificate or Declaration of Origin is not provided at the time of importation of a good, the importing customs administration may impose the non- preferential import customs duty or payment of a deposit equivalent to the non- preferential duty on that good. In such a case the importer may apply for a refund of any excess import customs duty or deposit paid within one year from the date of importation, or any longer period if provided for by the importing Party in its laws and regulations, provided that the requirements in paragraph 1 are fulfilled.
ARTICLE 3.17: MINOR ERRORS OR DISCREPANCIES Where the origin of an imported good is not in doubt, minor transcription errors in a Certificate of Origin or discrepancies in documentation, or the absence of overleaf instructions in a Certificate of Origin, will not of themselves render the Certificate of Origin invalid if it does in fact correspond to the good. However, this does not prevent the customs administration of the importing Party from initiating a verification process in accordance with Article 3.21.
Claims for Preferential Tariff Treatment. 1. An importing Party shall grant preferential tariff treatment in accordance with this Agreement to an originating good on the basis of a Proof of Origin.
2. Unless otherwise provided in this Chapter, an importing Party shall provide that, for the purposes of claiming preferential tariff treatment, the importer shall:
(a) make a declaration in its customs declaration that the good qualifies as an originating good;
(b) have a valid Proof of Origin in its possession at the time the declaration referred to in subparagraph (a) is made; and
(c) provide an original or a certified true copy of the Proof of Origin to the importing Party if required by the importing Party.
3. Notwithstanding paragraphs 1 and 2, the importing Party shall not require a Proof of Origin if:
(a) the customs value of the importation does not exceed US$ 200 or the equivalent amount in the importing Party’s currency or any higher amount as the importing Party may establish; or
(b) it is a good for which the importing Party has waived the requirement, provided that the importation does not form part of a series of importations carried out or planned for the purpose of evading compliance with the importing Party’s laws and regulations governing claims for preferential tariff treatment under this Agreement.
4. The customs administration of the importing Party may require, where appropriate, the importer to submit supporting evidence that a good qualifies as an originating good, in accordance with the requirements of this Chapter.
5. The importer shall demonstrate that the requirements referred to in Article 3.9 have been met and provide such evidence on request of the customs administration of the importing Party.
6. Where a Proof of Origin is submitted to the customs administration of an importing Party after the expiration of the period of time for its submission, such Proof of Origin may still be accepted, subject to the importing Party’s laws, regulations, or administrative practices, when failure to observe the period of time results from force majeure or other valid causes beyond the control of the importer or exporter.
Claims for Preferential Tariff Treatment. Authorized Signature and Date The legal name, address, telephone, and email address (if any) of the responsible official or authorized agent of the importer, exporter, or producer signing the certification (if different from the certifier’s name, title, address (including country), telephone number, and e-mail address). The origin certification must include the following statement: ANNEX B – Labor Value Content Certification In order for a covered vehicle to be eligible for preferential tariff treatment under the USMCA, the producer must certify to CBP that it complies with the Labor Value Content (“LVC”) requirements of the Appendix to Annex 4-B (“the automotive appendix”) of the USMCA. The producer must submit the information described below to CBP to certify that it complies with high-wage components of the LVC requirements.
Claims for Preferential Tariff Treatment. 1. Except as otherwise provided in Article 3.22, each Party shall grant preferential tariff treatment to a good that qualifies as an originating good of the exporting Party provided that the importer:
(a) makes a claim for preferential tariff treatment, either by written or electronic means before or at the time of importation, or otherwise in accordance with the importing Party's laws and regulations, on the grounds that the good qualifies as an originating good;
(b) possesses a valid Certificate or Declaration of Origin for the imported good;
(c) submits, if required by the importing customs administration, the original or copy of the Certificate or Declaration of Origin and such other documentation relating to the importation of the good; and
(d) submits, if required by the importing customs administration, evidence to prove that the consignment criteria specified in Article 3.13 have been met.
2. Where a Certificate or Declaration of Origin is not provided at the time of importation of a good, the importing customs administration may impose the non- preferential import customs duty or payment of a deposit equivalent to the non- preferential duty on that good. In such a case the importer may apply for a refund of any excess import customs duty or deposit paid within one year from the date of importation, or any longer period if provided for by the importing Party in its laws and regulations, provided that the requirements in paragraph 1 are fulfilled.
Claims for Preferential Tariff Treatment. 1. Each Party shall provide that an importer may make a claim for preferential tariff treatment based on a Certificate of Origin.
2. Each Party may require that an importer who claims preferential tariff treatment for a good imported into its territory:
(a) declare in the importation document that the good is an originating good;
(b) have in its possession at the time the declaration referred to in subparagraph 2(a) is made, a Certificate of Origin as described in Article 3.14; and
(c) provide, upon request of the customs authority of the importing Party, the Certificate of Origin, supporting documents such as invoices, the through bill of lading issued in the territory of the exporting Party, and other documents as required in accordance with the domestic laws and regulations of the importing Party.
3. A Certificate of Origin shall be valid for one year after the date of its issuance.
4. Each Party shall provide that, where a good was originating when it was imported into its territory, but the importer did not gain preferential tariff treatment at the time of importation, that importer may, no later than one year after the date of importation, make a claim for preferential tariff treatment and apply for refund of any excess duties paid as a result of the good not having been accorded preferential tariff treatment, on presentation to the importing Party of:
(a) a Certificate of Origin; and
(b) any other documentation as the importing Party may require.
Claims for Preferential Tariff Treatment. 1. Unless otherwise provided in this Chapter, the importer claiming preferential tariff treatment shall:
(a) make a written statement in the customs declaration, indicating that the good qualifies as an originating good;
(b) possess a valid Certificate of Origin, at the time the import customs declaration referred to in subparagraph (a) is made; and
(c) submit the original Certificate of Origin and other documentary evidences related to the importation of the goods in accordance with their respective domestic laws and regulations (7).
2. The importer shall promptly make a corrected declaration and pay any duties owed, where the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct.
