Common use of Claims for Preferential Treatment Clause in Contracts

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 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 '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 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 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 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 legislationpreference, based on importer’s 's knowledge or information including a valid certificate Certificate of originOrigin, that the good qualifies as an originating good; (b) submit the certificate Certificate of origin or other documentary evidence of origin Origin at the time of the declaration referred to in subparagraph (a), ) to its customs administration authorities upon request; and (c) promptly make a corrected declaration and pay any duties owingdue, where the importer has reason to believe that a certificate Certificate of origin 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 Certificate of origin or other documentary evidence of origin Origin at the time of importation, provided that:that (9): (a) the importer had, at the time of importation, indicated to the customs administration authorities of the importing Party his intention to claim preferential tariff treatment; and (b) the certificate Certificate of origin Origin or other documentary evidence of origin is submitted to its customs administration authorities within such period from the date of payment of customs duties in accordance with the domestic laws and regulations in of the importing Party. 5. In cases where the Certificate of Origin is not accepted as stated in paragraph 4, the customs authority of the importing Party should accept and consider the clarifications made by the issuing authority and assess again whether or not the application can be accepted for the granting of the preferential treatment. The clarification should be detailed and exhaustive in addressing the grounds of preference raised by the customs authority of importing Party.