Claims for Preferential Treatment. 1. Each Party shall provide that an importer may make a claim for preferential treatment under this Agreement based on the importer’s knowledge or on information in the importer’s possession that the good qualifies as an originating good.
2. Each Party may require that an importer be prepared to submit, upon request, a statement setting forth the reasons that the good qualifies as an originating good, including pertinent cost and manufacturing information. The statement need not be in a prescribed format, and may be submitted electronically, where feasible.
Claims for Preferential Treatment. 1. Except as otherwise provided in this Chapter, each Party shall require an importer who makes a claim for preferential tariff treatment under this Agreement to:
(a) request preferential tariff treatment at the time of importation of an originating product, whether or not the importer has a certification of origin;
(b) make a written declaration that the good qualifies as an originating good;
(c) have the certification of origin in its possession at the time the declaration is made, if required by the importing Party's customs administration;
(d) provide an original or a copy of the certification of origin as may be requested by the importing Party's customs administration and, if required by that customs administration, such other documentation relating to the importation of the product; or
(e) promptly make a corrected declaration and pay any duties owing where the importer has reason to believe that a certification of origin on which a declaration was based contains information that is not correct.
2. A Party may deny preferential tariff treatment under this Agreement to an imported good if the importer fails to comply with any requirement in this Article.
3. Each Party shall, in accordance with its laws, 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 of the importing Party, apply for a refund of any excess duties paid as a result of the good not having been accorded preferential treatment.
Claims for Preferential Treatment. 1. 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) make a declaration for preference as part of the import application prescribed by its legislation, based on importer’s knowledge or information including a valid certificate of origin, that the good qualifies as an originating good;
(b) submit the certificate of origin or other documentary evidence of origin at the time of the declaration referred to in subparagraph (a), to its customs administration upon request; and
(c) promptly make a corrected declaration and pay any duties owing, where the importer has reason to believe that a certificate of origin on which a declaration was based contains information that is incorrect.
2. Each Party shall provide that the importing Party applies preferential tariff treatment only in cases where an importer proves the accuracy of origin of the imported goods through documentary evidence or any other relevant information in accordance with its laws and regulations.
3. A Party may deny preferential tariff treatment to an imported good if the importer fails to comply with requirements of this Chapter.
4. The importing Party shall grant preferential tariff treatment to goods imported after the date of entry into force of this Agreement, in cases where the importer does not have the certificate of origin or other documentary evidence of origin at the time of importation, provided that:
(a) the importer had, at the time of importation, indicated to the customs administration of the importing Party his intention to claim preferential tariff treatment; and
(b) the certificate of origin or other documentary evidence of origin is submitted to its customs administration within such period from the date of payment of customs duties in accordance with the domestic laws and regulations in the importing Party.
Claims for Preferential 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 or an authorised representative of the exporter, producer or importer.
2. Each Party shall provide that a certification of origin:
(a) need not follow a prescribed format;
(b) be in writing, including electronic format;
(c) specifies that the good is both originating and meets the requirements of this Chapter; and
(d) contains a set of minimum data requirements as set out in Annex 3-A (Minimum Data Requirements).
3. Each Party shall provide that a certification of origin may apply to: (a) a single shipment of a good into the territory of a Party; or
Claims for Preferential 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 or an authorised representative of the exporter, producer or importer.2
2. Each Party shall provide that a certification of origin:
(a) need not follow a prescribed format;
(b) be in writing, including electronic format;
(c) specifies that the good is both originating and meets the requirements of this Chapter; and
(d) contains a set of minimum data requirements as set out in Annex 3-A (Minimum Data Requirements).
3. Each Party shall provide that a certification of origin may apply to:
(a) a single shipment of a good into the territory of a Party; or
(b) multiple shipments of identical goods within any period specified in the certification of origin, but not exceeding 12 months.
4. Each Party shall provide that a certification of origin is valid for one year after the date that it was issued or for such longer period specified by the laws and regulations of the importing Party.
5. Each Party shall allow an importer to submit a certification of origin in English.
Claims for Preferential Treatment. 1. The importing Party shall grant preferential treatment to goods imported into its territory from the other Party, provided that the importer claiming preferential tariff treatment:
(a) has the original Certificate of Origin or an authenticated copy thereof in its possession; and
(b) provides the original Certificate of Origin or an authenticated copy thereof if requested by the importing Party.
2. Where an authenticated copy of the Certificate of Origin is used, such copy shall be certified true and correct by the relevant authorities of the exporting Party and carry the date of the authentication, the signature of the certifying officers and the name and stamp of the relevant authorities.
3. The importing Party may, in addition to the conditions listed in Article 3.14.1, require the importer claiming preferential tariff treatment to make a written declaration that the good qualifies as an originating good, in accordance with the domestic law and procedures of the importing Party.
4. The importing Party shall grant preferential tariff treatment to goods imported after the date of entry into force of this Agreement, even if the conditions in Article
3.1.4.1 were not fulfilled at time of import, if:
(a) a sum amounting to the rate of customs duties payable is paid at the time of import;
(b) the importer indicates at time of import of goods that a claim of preferential tariff treatment will be made subsequently; and
(c) the claim for preferential tariff treatment is made and the documents required under Article 3.14.1 are provided within 7 days from the date of payment of the sum in Article 3.14.4(a), or such longer period as provided for under the importing Party’s domestic laws, subject to domestic laws and practices in the importing Party. Upon satisfaction of the conditions in this paragraph, the importing Party shall refund the difference between the preferential customs duties and charges and non- preferential duties and charges to the importer.
Claims for Preferential Treatment. 1. For the purpose of obtaining preferential tariff treatment in the other Party, a proof of origin in the form of a Declaration of Origin shall be completed in English and signed by an exporter or producer of a Party, certifying that a good qualifies as an originating good for which an importer may claim preferential treatment upon the importation of the good into the territory of the other Party.
2. The Declaration of Origin shall be in the template set out in Annex 4E, which may thereafter be revised by mutual consent of the Parties.
3. Each Party shall: (a) require an exporter in its territory to complete and sign a Declaration of Origin for any exportation of good for which an importer may claim preferential tariff treatment upon importation of the good into the territory of the other Party; and (b) provide that where an exporter in its territory is not the producer of the good, the exporter may complete and sign a Declaration of Origin on the basis of: (i) his knowledge of whether the good qualifies as an originating good; (ii) his reasonable reliance on the producer's written representation that the good qualifies as an originating good; or (iii) a completed and signed certification for the good voluntarily provided to the exporter by the producer. 4. Nothing in paragraph 3 shall be construed to require a producer to provide a Declaration of Origin to an exporter. 5. Each Party shall provide that a Declaration of Origin that has been completed and signed by an exporter or producer in the territory of the other Party that is applicable to a single importation of one or more goods into the Party's territory shall be accepted by its customs administration for one (1) year from the date on which the Declaration of Origin was signed.
Claims for Preferential Treatment. 1. For the purpose of obtaining preferential tariff treatment in the other Party, an exporter or producer of a Party shall complete and sign a Certification of Origin, certifying that a good qualifies as an originating good and for which an importer may claim preferential treatment upon the importation of the good into the territory of the other Party.
2. The Parties agree that the Certification of Origin does not need to be in a prescribed format and the data elements for this Certification of Origin are those stated in Annex 4.1 (Data Elements to be Included in the Certification of Origin). Such data elements may thereafter be revised by decision of the Commission.
3. Each Party shall:
(a) require an exporter in its territory to complete and sign a Certification of Origin for any exportation of a good for which an importer may claim preferential tariff treatment upon importation of the good into the territory of the other Party; and
(b) provide that where an exporter in its territory is not the producer of the good, the exporter may complete and sign a Certification of Origin on the basis of:
i. his knowledge of whether the good qualifies as an originating good;
ii. his reasonable reliance on the producer’s written declaration that the good qualifies as an originating good; or
iii. a completed and signed Certification of Origin for the good voluntarily provided to the exporter by the producer.
4. Nothing in paragraph 3 shall be construed to require a producer to provide a Certification of Origin to an exporter.
5. Each Party shall provide that a Certification of Origin that has been completed and signed by an exporter or producer in the territory of the other Party that is applicable to a single importation of one or more goods into the Party’s territory shall be accepted by its customs authority for 12 months from the date on which the Certification of Origin was signed.
Claims for Preferential Treatment. If the Certification of Origin covers a single shipment of goods, indicate the invoice number related to the exportation (if known).
Claims for Preferential Treatment. The certification must be signed and dated by the certifier and accompanied by the following statement:
