Common use of Claims for Preferential Tariff Treatment Clause in Contracts

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 origin with an electronic or digital signature. (1) For Mexico, implementation of paragraph 1 with respect to a certification of origin by the importer shall be no later than three years and six months after the date of entry into force of this Agreement.