Common use of Claims for Preferential Tariff Treatment Clause in Contracts

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. 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 Except as otherwise provided in this Chapter, an importing each Party shall provide that, for the purposes of claiming require an importer in its territory that claims preferential tariff treatment, treatment for a good imported into its territory from the importer shallterritory of the other Party to: (a) request preferential tariff treatment at the time of importation of an originating good, if required by the importing Party's customs administration; (b) make a declaration in its customs declaration written declaration, if it deems necessary, that the good qualifies as an originating good; (bc) have a valid Proof the evidence of Origin origin in its possession at the time the declaration referred to in subparagraph (a) is made; (d) provide, on the request of that Party's customs administration, a copy of the origin declaration and such other documentation relating to the importation of the good in accordance with the domestic laws and regulations of the importing Party; and (ce) provide an original or promptly make a certified true copy of the Proof of Origin to the importing Party if corrected declaration in a manner 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, and pay any duties owing where appropriate, the importer has reason to submit supporting evidence believe that a good qualifies as an originating goodorigin declaration on which an entry declaration was based contains information that is not correct. 2. Each Party shall, in accordance with its domestic laws and regulations, provide that, where a good would have qualified as an originating good when it was imported into the requirements territory of this Chapter. 5. The that Party, the importer shall demonstrate that of the requirements referred good may, within a period of at least one year or for such longer period specified by the importing Party's domestic laws and regulations after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment, on presentation of the following 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 (a) an origin declaration that the good qualifies as an originating good; and (b) such other evidence as the customs administration of an importing Party after may require to satisfactorily evidence 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 exporterpreferential tariff treatment claimed.

Claims for Preferential Tariff Treatment. 1. An importing Each Party shall grant provide that an importer may at the time of importation, make a claim for preferential tariff treatment in accordance with this Agreement to an originating good based on the basis of a Proof of Origin. 2. Unless otherwise provided Each Party may require, in this Chapteraccordance with its domestic laws and regulations, that an importing Party shall provide that, for the purposes of claiming importer who claims preferential tariff treatment, the importer shalltreatment for a good imported into its territory: (a) make a declaration written statement in its the customs declaration that the good qualifies as is an originating good; (b) identify the applicable tariff rate; (c) have a valid Proof of Origin in its possession at the time the declaration referred to in subparagraph (a) is made; and, a written or electronic Proof of Origin as described in Article 3.15; (cd) provide an original or a certified true copy of the Proof of Origin to the importing Party if required by customs authority of the importing Party; and (e) when the importer has reason to believe that the declaration in subparagraph (a) is based on inaccurate information, correct the importation document and pay any customs duty owing in accordance with its domestic laws and regulations. 3. Notwithstanding paragraphs 1 and 2, the importing Each Party shall not require provide that a Proof of Origin ifshall be valid for one year after the date it was issued. 4. Each Party, subject to its laws and regulations, shall provide that where a good would have qualified as an originating good when it was imported into the territory of that Party, the importer of the good may, within a period specified by the laws and regulations of the importing Party, after the date on which the good was imported, apply for a refund of any excess duties, deposit, or guarantee paid as a result of the good not having been accorded preferential tariff treatment, on presentation of the following to the customs authority of the importing Party: (a) the customs value a Proof 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 Origin and other evidence 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; and (b) such other documentation in relation to the importation as the customs authority may require to satisfactorily evidence the tariff preference claimed. 5. Notwithstanding paragraph 4, each Party may require, in accordance with the requirements of this Chapter. 5. The importer shall demonstrate its domestic laws and regulations, that the requirements referred importer notify to in Article 3.9 have been met and provide such evidence on request of the customs administration authority of the importing PartyParty its intention to claim preferential tariff treatment at the time of importation. 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. 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 Except as otherwise provided for in this Chapter, an importing each Party shall provide that, for the purposes of claiming require an importer in its territory that claims preferential tariff treatment, treatment for a good imported into its territory from the importer shallterritory of the other Party to: (a) request preferential tariff treatment at the time of importation of an originating good, if required by the customs authority of the importing Party; (b) make a declaration in its customs declaration written declaration, if it deems necessary, that the good qualifies as an originating good; (bc) have a valid Proof submit the original Certificate of Origin in its possession to the customs authority of the importing Party at the time of importation, if required by the declaration referred customs authority of the importing Party; (d) provide, on the request of that Party’s customs authority, any other documentation relating to in subparagraph (a) is madethe importation of the good; and (ce) provide an original or promptly make a certified true copy corrected declaration in a manner required by the customs authority of the Proof importing Party, subject to the customs laws of Origin to the importing Party if required by and pay any duties along with interest and other charges owing, where the importing Partyimporter has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct. 32. Notwithstanding paragraphs 1 Each Party may in accordance with its laws and 2regulations, provide that, where a good would have qualified as an originating good when it was imported into its territory, the importing Party shall not require a Proof of Origin if: (a) the customs value importer of the importation does not exceed US$ 200 good may, within a period of at least one year 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 such longer period specified by the importing Party’s laws and regulations governing claims after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment under this Agreementtreatment. 43. The For the purposes of paragraph 1(d), the customs administration authority of the importing Party may requirerequire an importer to demonstrate that the good was shipped in accordance with Article 3.15 (Direct Consignment) by providing with: (a) bills of lading or waybills indicating the shipping route and all points of shipment and transhipment prior to the importation of the good; and (b) where the good is shipped through or transhipped in a non-Party, where appropriatea copy of the customs control documents indicating that the good remained under customs control while in that non-Party. 4. Where the customs authority of the importing Party determines that a Certificate of Origin is illegible, defective on its face or has not been completed pursuant to Article 4.4, or discovers that discrepancies exist between the Certificate of Origin and the written declaration, the importer will be granted a period of not less than five working days, but not exceeding 30 working days from the date of request by the customs authority to submit supporting evidence provide a copy of the corrected Certificate of Origin. 5. An importer that makes a good qualifies as an originating goodcorrected declaration of origin pursuant to paragraph 1(e) and pays any duties owing, will not be subject to penalties under Article 4.16, 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 each Party’s laws, laws and 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.