Obligations Regarding Importations. 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 written declaration, in the importation document established in its legislation, based on a valid Certificate of Origin, that the good qualifies as an originating good;
(b) have the Certificate of Origin in its possession at the time the declaration, referred to in subparagraph (a), is made;
(c) provide, upon request of that Party's customs administration, a copy of the Certificate of Origin; and
(d) 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 not correct. When the importer complies with such obligations, the importer shall not be penalised.
2. Each Party shall provide that, when an importer in its territory does not comply with any requirement established in this Chapter, the claimed preferential tariff treatment shall be denied for the imported goods from the territory of the other Party.
3. Each Party shall provide that, where a good would have qualified as an originating good when it was imported into the territory of that Party but no claim for preferential tariff treatment was made at that time, the importer of the good may, no later than one year 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 with preferential tariff treatment, on presentation of:
(a) a written declaration that the good qualified as an originating good at the time of importation;
(b) a copy of the Certificate of Origin; and
(c) such other documentation relating to the importation of the good as that Party may require.
4. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into its territory maintain in that territory, for five years after the date of importation of the good or for such longer period as the Party may specify, such documentation, including a copy of the Certificate of Origin, as the Party may require relating to the importation of the good.
Obligations Regarding Importations. 1. Unless otherwise provided in this Chapter, the importer claiming preferential tariff treatment shall:
(a) indicate in the customs declaration that the good qualifies as an originating good;
(b) possess a valid Certificate of Origin at the time the import customs declaration referred to in subparagraph (a) is made; and
(c) submit the valid Certificate of Origin and other documentary evidence related to the importation of the goods, upon request of the customs administration of the importing Party.
Obligations Regarding Importations. 1. Except as otherwise provided for in this Section, eachParty shall require an importer that claims preferentialtariff treatment for a good imported from the other Partyto: (a) make a written declaration, based on a validcertificate of origin, that the good qualifies asan originating good; (b) have the certificate in its possession at thetime the declaration is made; (c) provide the certificate on the request of thecustoms authority; and (d) promptly make a corrected declaration and pay anyduties owing where the importer has reason tobelieve that a certificate on which a declaration was based contains information that is not correct.
2. Where an importer claims preferential tariff treatmentfor a good imported into a Party from the other Party, thecustoms authority of the importing Party may denypreferential tariff treatment to the good if the importerfails to comply with any requirement under this Article.
3. Each Party shall ensure that, in the case that theimporter at the time of importation does not have in hispossession a certificate of origin, the importer of thegood may, in accordance with the domestic laws andregulations of the importing Party, provide the certificateof origin and if required such other documentation relatingto the importation of the good at a later stage, within aperiod not exceeding 1 year after the time of importation.
Obligations Regarding Importations. 1. Each Party shall require the importer claiming preferential tariff treatment for a good imported into its territory from the territory of the other Party to:
(a) declare in writing in the importation document required by its legislation, based on a certificate of origin that a good qualifies as originating;
(b) have the certificate of origin in his possession at the time the declaration is made;
(c) provide, if requested by its customs authority, the certificate of origin or copies of it; and
(d) promptly make a corrected declaration and pay any duties owed when the importer has reasons to believe that the certificate of origin on which a customs declaration was based contains incorrect information. When the importer presents a corrected declaration, the importer may not be sanctioned, as long as the customs authorities have not initiated their faculties of verification and control.
2. Each Party shall provide that, if an importer in its territory fails to comply with any requirement established in this Chapter, it may deny the preferential tariff treatment under this Agreement to a good imported from the territory of the other Party.
3. Each Party shall provide that, when the importer does not request for a preferential tariff treatment for goods imported into its territory that would have qualified as originating, the importer may, according to the legislation of each Party, request the return of the customs duties paid in excess for not having requested the preferential tariff treatment for that good, as long as the request is accompanied by:
(a) a written declaration, indicating that the good qualifies as originating at the time of importation;
(b) the certificate of origin or its copy; and
(c) any other documentation related to the import of the good, as the customs authority of that Party may require.
Obligations Regarding Importations. 1. Each Party’s customs authorities shall require that an importer claiming preferential tariff treatment for a good to:
(a) make a written declaration, in the importation document established in its legislation, based on a valid Certificate of Origin, that the good is qualified as an originating good;
(b) have a Certificate of Origin in its possession at the time the import declaration referred to in subparagraph (a);
(c) provide, upon request of the customs authorities, the original Certificate of Origin; and
(d) promptly make a corrected declaration and pay any duties owed, where the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct.
2. Each Party shall provide that, when an importer in its territory does not comply with any requirement established in Chapter III, Chapter IV and this Chapter, the claimed preferential tariff treatment shall be denied for the imported goods from the territory of the other Party.
Obligations Regarding Importations. 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 another Party to:
(a) Make a written declaration, using the import document established in its law, based on a valid certificate of origin, that the good qualifies as an originating good;
(b) have the certificate of origin in its possession at the time the declaration referred to in
(a) is made;
(c) provide, on the request of that Party’s competent authority, a copy of the certificate of origin; and
(d) promptly make a corrected declaration and pay any duties owing where the importer has reason to believe that a certificate on which a declaration was based contains information that is not correct. If the importer complies with the above obligation, it shall not be subject to penalties.
Obligations Regarding Importations. 1. Except as otherwise provided in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment to:
(a) make a written statement in the customs declaration, based on a valid Certificate of Origin, indicating that the good qualifies as an originating good;
(b) hold the Certificate of Origin at the time the statement referred to in subparagraph (a) is made;
(c) hold the documents which certify that the requirements established in Article 36 (Direct Transport) have been met, where applicable; and
(d) submit the valid Certificate of Origin, as well as the documents indicated in subparagraph (c) to the customs authority, when it is required.
2. When an importer has reason to believe that a Certificate of Origin on which a statement was based contains incorrect information, the importer shall make a corrected statement and pay any customs duty owed, before a verification process is initiated.
3. When the importer does not comply with any requirements under this Article and any other requirements under this Chapter, the preferential tariff treatment shall be denied for the goods imported from the territory of the exporting Party.
Obligations Regarding Importations. The importer claiming preferential tariff treatment for a good under this Agreement shall:
(a) make a written statement in the customs declaration, on his own initiative, indicating that the good qualifies as an originating good;
(b) possess a valid Certificate of Origin or Declaration of Origin, at the time the import customs declaration referred to in sub-paragraph (a) is made; and
(c) submit the original Certificate of Origin or Declaration of Origin, and other documentary evidence related to the importation of the goods, upon request of the customs authority of the importing Party.
Obligations Regarding Importations. Except as otherwise provided in this Chapter, 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 another Party to:
Obligations Regarding Importations. 1. Except as otherwise provided for in this Section, each Party shall require an importer that claims preferential tariff treatment for a good imported from the other Party to:
(a) make a written declaration, based on a valid proof of origin, that the good qualifies as an originating good;
(b) have the proof of origin in its possession at the time the declaration is made;
(c) provide the proof of origin on the request of the customs authority; and
(d) promptly make a corrected declaration and pay any duties owing where the importer has reason to believe that a proof of origin on which a declaration was based contains information that is not correct. Notwithstanding the provisions of Article 39, the importer shall submit a Certificate of Origin for claiming preferential tariff treatment for the originating goods specified as “Specifically Described Goods” in Annex 2-B of the Uniform Regulations referred to in Article 10.
2. Where an importer claims preferential tariff treatment for a good imported into a Party from the other Party, the customs authority of the importing Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Article.
3. Each Party shall ensure that, in the case that the importer at the time of importation does not have in its possession a proof of origin, the importer of the good may, in accordance with the domestic laws and regulations of the importing Party, provide the proof of origin and if required such other documentation relating to the importation of the good at a later stage, within a period not exceeding 1 year after the time of importation.
