Common use of Claims for Preferential Treatment Clause in Contracts

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. Except as otherwise provided in 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.