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.
Appears in 7 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's customs administration, a copy of the Certificate of OriginCertificate; and
(d) promptly make a corrected declaration and pay any duties owing, 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 where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods into its territory from the territory of the other Party:
(a) the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and
(b) the importer shall not be subject to penalties for the making of an incorrect declaration, if it voluntarily makes a corrected declaration pursuant to paragraph 1(d).
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.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each Except as otherwise provided for in this Chapter, each Party shall require an importer in its territory that claims provide that, for the purpose of claiming preferential tariff treatment for a good imported into its territory from treatment, the territory of the other Party toimporter shall:
(a) make a written declaration, in statement forming part of the importation document established in its legislation, import documentation based on a valid Certificate certification of Origin, origin that the good qualifies as an originating good;
(b) have the Certificate a valid certification of Origin origin in its possession at the time the declaration, statement referred to in subparagraph (a), ) is made;
(c) provide, upon on the request of that Party's the importing Partyâs customs administration, a copy of the Certificate certification of origin, in accordance with its laws and regulations;
(d) if a certification by the importer forms the basis for the claim, demonstrate, on request of the importing Party, that the good is originating under Article 5.3.3 (Basis of a Certification of Origin); and
(de) promptly make if the claim for preferential tariff treatment is based on a corrected declaration and pay any duties owing, where the importer has reason to believe that certification of origin completed by a Certificate of Origin on which a declaration was based contains information producer that is not correct. When the importer complies with such obligationsexporter of the good, demonstrate, on the importer shall request of the importing Party, that the good certified as originating did not be penalisedundergo further production or any other operation other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the good into the territory of the importing Party.
2. Each Party shall provide that, when an if the importer in its territory does not comply with any requirement established in this Chapterhas reason to believe that the certification of origin is based on incorrect information that could affect the accuracy or validity of the certification of origin, the claimed preferential tariff treatment importer shall promptly correct the importation document and pay any duties owing. The importer shall not be denied subject to penalties for the imported goods from the territory making an incorrect statement that formed part of the other Partyimport documentation, if it promptly corrects the importation document and pays any duties owing.
3. Each A Party shall provide that, where may require an importer to demonstrate that a good would have qualified as an originating good when it was imported into for which the territory of that Party but no claim for importer claims 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 shipped in accordance with preferential tariff treatment, on presentation ofArticle 4.18 (Transit and Transshipment) by providing:
(a) a written declaration that transportation documents, including 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 multimodal or for such longer period as the Party may specifycombined transportation documents, such documentationas bills of lading or waybills, including a copy indicating the shipping route and all points of the Certificate of Origin, as the Party may require relating shipment and transhipment prior to the importation of the good; and
(b) if the good is shipped through or transhipped outside the territories of the Parties, relevant documents, such as in the case of storage, storage documents or a copy of the customs control documents, demonstrating that the good remained under customs control while outside the territories of the Parties.
Appears in 4 contracts
Samples: Trade Agreement, Trade Agreement, Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's customs administration, a copy of the Certificate of Origin; and
(d) promptly make a corrected declaration in a manner required by the customs administration of the importing Party and pay any duties owing, 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 where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods into its territory from the territory of the other Party:
(a) the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and
(b) the importer shall not be subject to penalties for the making of an incorrect declaration, if it voluntarily makes a corrected declaration pursuant to paragraph 1(d).
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 4 years 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.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each Party shall require an the importer in its territory that claims claiming preferential tariff treatment for a good imported into its territory from the territory of the other Party to:
(a) make a written declaration, declare in writing in the importation document established in required by its legislation, based on a valid Certificate certificate of Origin, origin that the a good qualifies as an originating good;
(b) have the Certificate certification of Origin origin in its his possession at the time the declaration, referred to in subparagraph (a), declaration is made;
(c) provide, upon request if requested by its customs authority, the certificate of that Party's customs administration, a copy of the Certificate of Originorigin or its copies; and
(d) promptly make a corrected declaration and pay any duties owing, owing where the importer has reason reasons to believe that a Certificate the certificate of Origin origin on which a customs declaration was based contains information that is not correctincorrect information. When Where the importer complies with such obligationspresents a corrected declaration before the customs authority notifies the revision, according to the domestic laws of each Party, the importer shall may not be penalisedpenalized.
2. Each Party shall provide that, when if an importer in its territory does not fails to comply with any requirement established in this Chapter, it may deny the claimed preferential tariff treatment shall be denied for the under this Agreement to a good imported goods from the territory of the other Party.
3. Each Party shall provide that, where when the importer does not ask for a good preferential tariff treatment for goods imported into its territory that would have qualified as an originating good when it was originating, the importer may, not later than four (4) months from the date of release of the imported into goods, request the territory return of that Party but no claim the tariff duties paid in excess for not having requested the preferential tariff treatment was made at for that timegood, as long as the importer has the certificate of origin in his/her possession and 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 ofrequest is accompanied by:
(a) a written declaration declaration, indicating that the good qualified qualifies as an originating good at the time of importation;
(b) a copy the certificate of the Certificate of Originorigin or its copy; and
(c) such any other documentation relating related to the importation import of the good good, as that Party the customs authority may require.
4. Each Compliance with the provisions of previous paragraphs of this Article does not exempt the importer from the obligation to pay the corresponding customs duties according to the applicable laws of the importing Party, when the competent authority of that Party shall provide that concludes an importer claiming origin verification and determines to deny the preferential tariff treatment for a good imported into its territory maintain in that territoryto goods imported, 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 according to the importation of the goodArticle 5.06.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's customs administration, a copy of the Certificate of OriginCertificate; and
(d) promptly make a corrected declaration and pay any duties owing, 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 where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods into its territory from the territory of the other Party:
(a) the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and
(b) the importer shall not be subject to penalties for the making of an incorrect declaration, if it voluntarily makes a corrected declaration pursuant to paragraph 1(d).
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
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.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 the other Party to:
(a) make a written declaration, in the importation import document established in provided by its legislationlaws and regulations, based on a valid Certificate of Origin, that the good qualifies as an originating goodoriginating;
(b) have the Certificate of Origin in its possession at the time the declaration, referred to in subparagraph (a), declaration is made;
(c) provide, upon at the request of that Party's ’s customs administration, a copy of the Certificate of OriginOrigin and, if required by the customs administration, a translation of the Certificate of Origin in a language required by its domestic law; and
(d) promptly make a corrected declaration in a manner required by the customs administration of the importing Party and pay any duties owing, where owing when 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 penalisedincorrect.
2. Each For the purpose of paragraph 1(d), if the customs administration of the importing Party determines that the Certificate of Origin has not been completed in accordance with Article 4.02, the importing Party shall ensure that the importer is granted no less than 5 working days to provide that, when the customs administration with a corrected Certificate of Origin.
3. When an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for a good imported into the imported goods territory of a Party from the territory of the other Party:
(a) the importing Party may deny preferential tariff treatment to the good if the importer fails to comply with a requirement under this Chapter; and
(b) the importing Party shall not subject the importer to penalties for making an incorrect declaration if the importer voluntarily corrects the declaration under paragraph 1(d).
34. Each Party shall provide thatParty, through its customs administration, may require an importer to demonstrate that a good for which the importer claims preferential tariff treatment was shipped in accordance with Article 3.14 (Rules of Origin – Transit and Transshipment) by providing:
(a) carrier documents, including bills of lading or waybills, indicating the shipping route and all points of shipment and transshipment prior to the importation of the good, and
(b) where the good is shipped through or transshipped outside the territories of the Parties, a copy of the customs control documents indicating to that customs administration that the good remained under customs control while outside the territories of the Parties.
5. Where a good would have qualified as an originating good when it was imported into the territory of that Party a Party, but no claim for preferential tariff treatment was made at that timethe time of importation, the importer importing Party shall permit the importer, within a period of the good may, no later less than one 1 year after the date on which the good was importedof importation, to apply for a refund of any excess duties paid as the a result of the good not having been accorded with granted preferential tariff treatment, on presentation to the customs administration of the importing Party 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.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
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 declaration on the importation import document established provided for in its legislation, based on the basis of a valid Certificate of Origin, that the good qualifies as an originating good;
(b) have the original Certificate of Origin in its possession at the time the declaration, referred to in subparagraph (a), such declaration is made;
(c) provide, upon on the request of that the competent authority of the importing Party's customs administration, a copy of the original Certificate of Origin; and
(d) promptly make submit a corrected declaration and pay any duties owingowed, where the importer has reason to believe that a the Certificate of Origin on which a declaration was based contains information that is not correctincorrect information. When Where the importer complies with such obligationssubmits the above mentioned declaration before the competent authority initiates the exercise of its powers to conduct a verification, the importer he shall not be penalisedsubject to penalties, according to the legislation of each Party.
2. Each Party shall provide that, when that where an importer in its territory does not fails to comply with any requirement of the requirements established in paragraph 1 of this ChapterArticle, that Party may deny the claimed preferential tariff treatment shall be denied requested for the good imported goods from the territory of the other Party. However, where a Certificate of Origin is illegible or defective on its face or contains minor formal errors that may affect the accuracy of the Certificate of Origin, the importer shall be granted a period not less than five working days to provide the customs administration with a copy of the corrected certificate.
3. Each Party shall provide that, that where a good would have qualified as an originating good when it was imported into the territory of that Party Party, but no claim for preferential tariff treatment was made at that time, the importer of the good may, no later than one year six months after the date on which the good written declaration referred to in Article 4-03(1)(a) was importedmade, despite the fact that he did not have in his possession a valid Certificate of Origin, 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 ofprovided that the importer:
(a) submits, if required by the importing Party, a written declaration that the good qualified qualifies as an originating good at on the time of importationimport document referred to in Article 4-03(1)(a);
(b) submits at the time of application for a refund:
(i) a copy of the original Certificate of OriginOrigin and has the original Certificate of Origin in his possession; and
(cii) such other documentation relating to the importation of the good as that the importing 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.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's customs administration,
(i) a copy of the Certificate,
(ii) documentary evidence such as bills of lading or waybills that indicate the shipping route and all points of shipment and transhipment prior to the importation of the good into its territory, and
(iii) where the good is shipped through or transhipped in the territory of a non-Party referred to in Article 3.5(1)(b), a copy of the Certificate customs control documents that indicate, to the satisfaction of Originthe customs administration, that the good remained under customs control while in the territory of such non-Party; and
(d) promptly make a corrected declaration and pay any duties owing, 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 where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods into its territory from the territory of the other Party, the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter.
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 the importer of the good did not have a valid Certificate of Origin for preferential tariff treatment was made such good at that timethe time of its importation, the importer of the good may, no later within a period of not less than one year three months 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 ofprovided that the importer:
(a) if required by that Party, declared at the time of importation of the good that such good would qualify as an originating good; and
(b) present
(i) a written declaration that the good qualified as an originating good at the time of importation;,
(bii) a copy of the Certificate of Origin; , and
(ciii) 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.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's ’s customs administration, a copy of the Certificate of Origin; and
(d) promptly make a corrected declaration in a manner required by the customs administration of the importing Party and pay any duties owing, 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 where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods into its territory from the territory of the other Party:
(a) the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and
(b) the importer shall not be subject to penalties for the making of an incorrect declaration, if it voluntarily makes a corrected declaration pursuant to paragraph 1(d).
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 4 years 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.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 the other Party to:
(a) 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) b. have the Certificate of Origin in its possession at the time the declaration, referred to in subparagraph (a), declaration is made;
(c) c. provide, upon on the request of that Party's customs administration, a copy of the Certificate of OriginCertificate; and
(d) d. promptly make a corrected declaration and pay any duties owing, 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 where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods into its territory from the territory of the other Party:
a. the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and
b. the importer shall not be subject to penalties for the making of an incorrect declaration, if it voluntarily makes a corrected declaration pursuant to paragraph 1(d).
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. a written declaration that the good qualified as an originating good at the time of importation;
(b) b. a copy of the Certificate of Origin; and
(c) 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.
Appears in 1 contract
Samples: Free Trade Agreement
Obligations Regarding Importations. 1. Each Party shall require an the importer in its territory that claims claiming preferential tariff treatment for a good imported into its territory from the territory of the other Party to:
(: a) make a written declaration, declare in writing in the importation document established in required by its legislation, based on a valid Certificate certificate of Origin, origin that the a good qualifies as an originating good;
(; b) have the Certificate certification of Origin origin in its his possession at the time the declaration, referred to in subparagraph (a), declaration is made;
(; c) provide, upon request if requested by its customs authority, the certificate of that Party's customs administration, a copy of the Certificate of Originorigin or its copies; and
(and d) promptly make a corrected declaration and pay any duties owing, owing where the importer has reason reasons to believe that a Certificate the certificate of Origin origin on which a customs declaration was based contains information that is not correctincorrect information. When Where the importer complies with such obligationspresents a corrected declaration before the customs authority notifies the revision, according to the domestic laws of each Party, the importer shall may not be penalisedpenalized.
2. Each Party shall provide that, when if an importer in its territory does not fails to comply with any requirement established in this Chapter, it may deny the claimed preferential tariff treatment shall be denied for the under this Agreement to a good imported goods from the territory of the other Party.
3. Each Party shall provide that, where when the importer does not ask for a good preferential tariff treatment for goods imported into its territory that would have qualified as an originating good when it was originating, the importer may, not later than four (4) months from the date of release of the imported into goods, request the territory return of that Party but no claim the tariff duties paid in excess for not having requested the preferential tariff treatment was made at for that timegood, as long as the importer has the certificate of origin in his/her possession and 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:
(request is accompanied by: a) a written declaration declaration, indicating that the good qualified qualifies as an originating good at the time of importation;
(; b) a copy the certificate of origin or its copy; and c) any other documentation related to the import of the Certificate of Origin; and
(c) such other documentation relating to good, as the importation of the good as that Party customs authority may require.
4. Each Compliance with the provisions of previous paragraphs of this Article does not exempt the importer from the obligation to pay the corresponding customs duties according to the applicable laws of the importing Party, when the competent authority of that Party shall provide that concludes an importer claiming origin verification and determines to deny the preferential tariff treatment for a good imported into its territory maintain in that territoryto goods imported, 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 according to the importation of the goodArticle 5.06.
Appears in 1 contract
Samples: Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's customs administrationcompetent authority, a copy of the Certificate of OriginOrigin and, if required by that competent authority, such other documentation relating to the importation of the good in accordance with the domestic law of the importing Party; and
(d) promptly make a corrected declaration and pay any duties owing, 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 For the purpose of subparagraph 1(c), where the competent authority of the importing Party determines that the Certificate of Origin has not been completed in accordance with Article 401, the importing Party shall ensure that the importer is granted no less than five working days to provide that, when the competent authority with a corrected Certificate of Origin.
3. Where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods from the territory of the other Party: (a) the importing Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and (b) the importing Party shall not subject the importer to penalties for making an incorrect declaration if the importer voluntarily makes a correction of the declaration pursuant to subparagraph 1(d).
34. Each Party shall provide thatParty, through its competent authority, may require an importer to demonstrate that a good for which the importer claims preferential tariff treatment was shipped in accordance with Article 314 (Rules of Origin - Transit and Transshipment) by providing:
(a) bills of lading or waybills indicating the shipping route and all points of shipment and transhipment prior to the importation of the good; and
(b) where the good is shipped through or transhipped outside the territories of the Parties, a copy of the customs control documents indicating to that competent authority that the good remained under customs control while outside the territories of the Parties.
5. Where a good would have qualified as an originating good when it was imported into the territory of that Party a Party, but no claim for preferential tariff treatment was made at that timethe time of importation, the importer of importing Party shall permit the good mayimporter, within no later less than one year after the date on which of importation or for such longer period specified by the good was importedimporting Party's law, to make a claim for preferential tariff treatment and apply for a refund of any excess duties paid as the a result of the good not having been accorded with granted preferential tariff treatment, on presentation to the importing Party of:
(a) a written declaration stating that the good qualified as an was 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 the importing 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.
Appears in 1 contract
Samples: Free Trade Agreement
Obligations Regarding Importations. 1. Each 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 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), declaration is made;
(c) provide, upon on the request of that Party's customs administrationcompetent authority, a copy of the Certificate of OriginOrigin and, if required by that competent authority, such other documentation relating to the importation of the good in accordance with the domestic law of the importing Party; and
(d) promptly make a corrected declaration and pay any duties owing, owing where the importer has reason to believe that a the 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 For the purpose of subparagraph 1(c), where the competent authority of the importing Party determines that the Certificate of Origin has not been completed in accordance with Article 401, the importing Party shall ensure that the importer is granted a period of not less than five working days to provide that, when the competent authority with a corrected Certificate of Origin.
3. Where an importer in its territory does not comply with any requirement established in this Chapter, the claimed claims preferential tariff treatment shall be denied for the a good imported goods from the territory of the other Party:
(a) the importing Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and
(b) the importing Party shall not subject the importer to penalties for making an incorrect declaration, if the importer voluntarily makes a correction of the declaration pursuant to subparagraph 1(d).
34. Each Party shall provide thatParty, through its competent authority, may require an importer to demonstrate that a good for which the importer claims preferential tariff treatment was shipped in accordance with Article 314 (Rules of Origin - Transit and Transshipment) by providing:
(a) bills of lading or waybills indicating the shipping route and all points of shipment and transhipment prior to the importation of the good; and
(b) where the good is shipped through or transhipped outside the territories of the Parties, a copy of the customs control documents indicating to that competent authority that the good remained under customs control while outside the territories of the Parties.
5. Where a good would have qualified as an originating good when it was imported into the territory of that Party a Party, but no claim for preferential tariff treatment was made at that timethe time of importation, the importer importing Party shall permit the importer, within a period of the good may, no later than at least one year or for such longer period specified by the importing Party's law after the date on which the good was importedof importation, to make a claim for preferential tariff treatment and apply for a refund of any excess duties paid as the a result of the good not having been accorded with preferential tariff treatment, on presentation to the importing Party of:
(a) a written declaration stating that the good qualified as an was 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 the importing 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.
Appears in 1 contract
Samples: Free Trade Agreement
Obligations Regarding Importations. 1. Each Except as otherwise provided for in this Chapter, each Party shall require an importer in its territory that claims provide that, for the purpose of claiming preferential tariff treatment for a good imported into its territory from treatment, the territory of the other Party toimporter shall:
(a) make a written declaration, in statement forming part of the importation document established in its legislation, import documentation based on a valid Certificate certification of Origin, origin that the good qualifies as an originating good;
(b) have the Certificate a valid certification of Origin origin in its possession at the time the declaration, statement referred to in subparagraph (a), ) is made;
(c) provide, upon on the request of that the importing Party's ’s customs administration, a copy of the Certificate certification of origin, in accordance with its laws and regulations;
(d) if a certification by the importer forms the basis for the claim, demonstrate, on request of the importing Party, that the good is originating under Article 5.3.3 (Basis of a Certification of Origin); and
(de) promptly make if the claim for preferential tariff treatment is based on a corrected declaration and pay any duties owing, where the importer has reason to believe that certification of origin completed by a Certificate of Origin on which a declaration was based contains information producer that is not correct. When the importer complies with such obligationsexporter of the good, demonstrate, on the importer shall request of the importing Party, that the good certified as originating did not be penalisedundergo further production or any other operation other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the good into the territory of the importing Party.
2. Each Party shall provide that, when an if the importer in its territory does not comply with any requirement established in this Chapterhas reason to believe that the certification of origin is based on incorrect information that could affect the accuracy or validity of the certification of origin, the claimed preferential tariff treatment importer shall promptly correct the importation document and pay any duties owing. The importer shall not be denied subject to penalties for the imported goods from the territory making an incorrect statement that formed part of the other Partyimport documentation, if it promptly corrects the importation document and pays any duties owing.
3. Each A Party shall provide that, where may require an importer to demonstrate that a good would have qualified as an originating good when it was imported into for which the territory of that Party but no claim for importer claims 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 shipped in accordance with preferential tariff treatment, on presentation ofArticle 4.18 (Transit and Transshipment) by providing:
(a) a written declaration that transportation documents, including 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 multimodal or for such longer period as the Party may specifycombined transportation documents, such documentationas bills of lading or waybills, including a copy indicating the shipping route and all points of the Certificate of Origin, as the Party may require relating shipment and transhipment prior to the importation of the good; and
(b) if the good is shipped through or transhipped outside the territories of the Parties, relevant documents, such as in the case of storage, storage documents or a copy of the customs control documents, demonstrating that the good remained under customs control while outside the territories of the Parties.
Appears in 1 contract
Samples: Trade Agreement
Obligations Regarding Importations. 1. Each A Party shall require an that the importer in its territory that who claims preferential tariff treatment for a good imported into its territory from the territory of the other Party toshould:
(a) make a written declaration, declare in writing in the importation document established in required by its legislation, based on a valid Certificate of Origin, that the a good qualifies as an originating good;
(b) have the Certificate Certification of Origin in its his possession at the time the declaration, referred to in subparagraph (a), declaration is made;
(c) provide, upon request of that Party's if requested by its customs administrationauthority, a copy of the Certificate of OriginOrigin or its copy ; and
(d) promptly make a corrected declaration and pay any duties owing, owing where the importer has reason reasons to believe that a the Certificate of Origin on which a customs declaration was based contains information that is not correctincorrect information. When Where the importer complies with such obligationspresents a corrected declaration before the customs authority notifies a revision process, according to the domestic laws of each Party, the importer shall may not be penalisedpenalized.
2. Each A Party shall provide that, when an may deny preferential tariff treatment to a good if the importer in its territory does not fails to 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 A Party shall provide that, where a good would have qualified as an was originating good when it was imported into its territory, but the territory importer of that Party but no the good did not make a claim for preferential tariff treatment was made at the time of importation that timeimporter may, not later than four months from the importer date of the good mayrelease of the imported good, no later than one year after the date on which the good was imported, apply for request a refund of any excess the tariff duties paid in excess as the a result of the good not having been accorded with requested the preferential tariff treatmenttreatment for that good, on presentation ofprovided that the importer has the Certificate of Origin in his/her possession and the request is accompanied by:
(a) a written declaration declaration, indicating that the good qualified qualifies as an originating good at the time of importation;
(b) a copy of the Certificate of OriginOrigin or its copy ; and
(c) such any other documentation relating related to the importation of the good good, as that Party the customs authority may require.
4. Each Compliance with the provisions of previous paragraphs of this Article does not exempt the importer from the obligation to pay the corresponding customs duties according to the applicable laws of the importing Party, when the competent authority of that Party shall provide that conclude an importer claiming origin verification and determines to deny the preferential tariff treatment for a good imported into its territory maintain in that territoryto goods imported, 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 according to the importation of the good.Article 4.19
Appears in 1 contract
Samples: Free Trade Agreement
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 declaration on the importation import document established provided for in its legislation, based on the basis of a valid Certificate of Origin, that the good qualifies as an originating good;
(b) have the original Certificate of Origin in its possession at the time the declaration, referred to in subparagraph (a), such declaration is made;
(c) provide, upon on the request of that the competent authority of the importing Party's customs administration, a copy of the original Certificate of Origin; and
(d) promptly make submit a corrected declaration and pay any duties owingowed, where the importer has reason to believe that a the Certificate of Origin on which a declaration was based contains information that is not correctincorrect information. When Where the importer complies with such obligationssubmits the above mentioned declaration before the competent authority initiates the exercise of its powers t o conduct a verification, the importer he shall not be penalisedsubject to penalties, according to the legislation of each Party.
2. Each Party shall provide that, when that where an importer in its territory does not fails to comply with any requirement of the requirements established in paragraph 1 of this ChapterArticle, that Party may deny the claimed preferential tariff treatment shall be denied requested for the good imported goods from the territory of the other Party. However, where a Certificate of Origin is illegible or defective on its face or contains minor formal errors that may affect the accuracy of the Certificate of Origin, the importer shall be granted a period not less than five working days t o provide the customs administration with a copy of the corrected certificate.
3. Each Party shall provide that, that where a good would have qualified as an originating good when it was imported into the territory of that Party Party, but no claim for preferential tariff treatment was made at that time, the importer of the good may, no later than one year six months after the date on which the good written declaration referred to in Article 4 - 03(1)(a) was importedmade, despite the fact that he did not have in his possession a valid Certificate of Origin, 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 ofprovided that the importer:
(a) submits, if required by the importing Party, a written declaration that the good qualified qualifies as an originating good at on the time of importationimport document referred to in Article 4-03(1)(a);
(b) submits at the time of application for a refund:
(i) a copy of the original Certificate of OriginOrigin and has the original Certificate of Origin in his possession; and
(cii) such other documentation relating to the importation of the good as that the importing 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.
Appears in 1 contract
Samples: Free Trade Agreement