Determination of Origin and Preferential Tariff Treatment
1. The customs authority of the importing Party may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party or where the importer fails to comply with any of the relevant requirements of this Chapter.
2. The competent governmental authority of the exporting Party shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs authority of the importing Party except where the certificate has been returned to the competent governmental authority. The customs authority of the importing Party may determine that the good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment where it receives the notification.
3. The customs authority of the importing Party may determine that a good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting Party:
(a) where the competent governmental authority of the exporting Party fails to respond to the request within the period referred to in paragraph 2 of Article 43 or paragraph 5 of Article 44;
(b) where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 2 of Article 44 within the period referred to in paragraph 4 of Article 44; or
(c) where the information provided to the customs authority of the importing Party pursuant to Article 43 or 44, is not sufficient to prove that the good qualifies as an originating good of the exporting Party.
4. After carrying out the procedures outlined in Article 43 or 44 as the case may be, the customs authority of the importing Party shall provide the competent governmental authority of the exporting Party with a written determination of whether or not the good qualifies as an originating good of the exporting Party, including findings of fact and the legal basis for the determination. The competent governmental authority of the exporting Party shall inform such determination by the customs authority of the importing Party to the exporter, or the producer of the good in the exporting Party, whose premises were subject to the visit ...
Determination of Origin. No product shall be deemed to be the produce or manufacture of either country unless the conditions specified in these rules are complied with in relation to such products, to the satisfaction of the appropriate Authority.
Determination of Origin. No product shall be deemed to be a produce or manufacture of either Party unless the conditions specified in these rules are complied with in relation to such products, to the satisfaction of the authority issuing the certificate of origin.
Determination of Origin. No product shall be deemed to be the produce or manufacture of any Contracting State unless the conditions specified in these rules are complied with in relation to such products, to the satisfaction of the designated Authority. Products covered by the Agreement imported into the territory of a Contracting State from another Contracting State which are consigned directly within the meaning of Rule 12 hereof, shall be eligible for preferential treatment if they conform to the origin requirement under any one of the following conditions:
Determination of Origin. For purposes of paragraphs 1 and 2, determination of the origin of goods shall be made on a non-preferential basis.
Determination of Origin. Criteria for Preference Entitlement
Determination of Origin. No product shall be deemed to be the produce or manufacture of either country unless the conditions specified in these rules are complied with in relation to such products, to the satisfaction of the appropriate Authority. The importer of the product shall, at the time of importation: make a claim that the products are the produce or manufacture of the country from which they are imported and such products are eligible for preferential treatment under the Agreement, and produce the evidence specified in these rules. Products covered by the Agreement imported into the territory of a Contracting Party from another Contracting Party which are consigned directly within the meaning of rule 9 hereof, shall be eligible for preferential treatment if they conform to the origin requirement under any one of the following conditions: Products wholly produced or obtained in the territory of the exporting Contracting Party as defined in rule 6; or Products not wholly produced or obtained in the territory of the exporting Contracting Party, provided that the said products are eligible under rule 7 or rule 8. Within the meaning of rule 5(a), the following shall be considered as wholly produced or obtained in the territory of the exporting Contracting Party: raw or mineral products extracted from its soil, its water or its seabed; vegetable products harvested there; animals born and raised there; products obtained from animals referred to in clause (c) above; products obtained by hunting or fishing conducted there; products of sea fishing and other marine products from the high seas by its vessels3,4; products processed and/or made on board its factory ships exclusively from products referred to in clause (f) above4,5; used articles collected there, fit only for the recovery of raw materials; waste and scrap resulting from manufacturing operations conducted there; products extracted from the seabed or below seabed which is situated outside its territorial waters, provided that it has exclusive exploitation rights; goods produced there exclusively from the products referred to in clauses (a) to (j) above.
Determination of Origin. Determina- tion of origin m e a n s a de t e r m i n a t io n a s t o w h e t h e r a good q u a lifies a s a good o r igi n a t i n g i n t h e U n i t ed S t a t es, Ca n- a d a a n d/o r Mexico un de r t h e ru les se t fo r t h i n Xx x x x x x No t e 12, H T S U S , a n d i n t h e a ppe n xxx t o t h i s p a r t .
Determination of Origin. Determination of origin means a determination as to whether a good qualifies as a good originating in the United States, Canada and/or Mexico under the rules set forth in General Note 12, HTSUS, and in the appendix to this part.
Determination of Origin. 1. For the purposes of the application of a compensation quota, as described in Article 3 of this Agreement, covered products shall be considered as goods originating in the country where they are:
(a) wholly produced within the meaning of paragraph 2 of this Article; or
(b) produced incorporating materials which have not been wholly obtained there, provided that they have undergone in that country their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture.
2. The term ‘goods wholly produced’ means goods which are produced in a country exclusively from goods wholly obtained or produced in that country or from their derivatives at any stage of production.
Article 2 For covered products listed in Appendix 1 to this Annex, the working or processing referred to in column 3 of that Appendix shall be regarded as a process or operation conferring origin pursuant to Article 1 of this Annex.
Article 3 If the list in Appendix 1 to this Annex provides that origin is conferred when the value of the non-originating materials used does not exceed a given percentage of the ex-works price of the products obtained, such percentage shall be calculated based on the following: — the term ‘value’ means the customs value at the time of import of the non-originating materials used or, if this is not known and cannot be ascertained, the first ascertainable price paid for such materials in the country of processing; — the term ‘ex-works price’ means the ex-works price of the product obtained minus any internal taxes which are, or may be, repaid when such product is exported; — the term ‘value acquired as a result of assembly operations’ means the increase in value resulting from the assembly itself, together with any finishing and checking operations, and from the incorporation of any parts originating in the country where the operations in question were carried out, including profit and the general costs borne in that country as a result of the operations.
1. Accessories, spare parts or tools delivered with any piece of equipment, machine, apparatus or vehicle which form part of its standard equipment shall be deemed to have the same origin as that piece of equipment, machine, apparatus or vehicle.
2. Essential spare parts for use with any piece of equipment, machine, apparatus or vehicle previously imported in Russia shall be ...
