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.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Obligations Regarding Importations. 1. Each Party shall require For the importer purpose of claiming preferential tariff treatment for a good imported into its territory from treatment, the territory of the other Party toimporter shall:
(a) declare in writing in submit the importation document origin declaration to the customs authority of the Party of import as required by its legislation, based on a certificate of origin and in accordance with the procedures applicable in that a good qualifies as originatingParty;
(b) have if required by the certificate customs authority of the Party of import, submit a translation of the origin in his possession at the time the declaration is made;declaration; and
(c) provideif required by the customs authority of the Party of import, if requested by its provide for a statement accompanying or forming a part of the import declaration, to the effect that the products meet the conditions required for the application of this Agreement.
2. An importer that becomes aware or has reason to believe that an origin declaration for a product to which preferential tariff treatment has been granted contains incorrect information shall immediately notify the customs authority, authority of the certificate Party of origin or copies import in writing of it; and
(d) promptly make a corrected declaration any change affecting the originating status of that product 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 informationowing.
3. 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 claims preferential tariff treatment under this Agreement to for a good imported from the territory of the other Party, the importing Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Protocol.
34. Each A Party shall shall, in conformity with its laws, provide that, when the importer does not request for if a preferential tariff treatment for goods imported into its territory that product would have qualified as originating, an originating product when it was imported into the territory of that Party but the importer may, according to the legislation of each Party, request the return of the customs duties paid in excess for did 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 have an origin declaration at the time of importation;
(b) , the certificate of origin or its copy; and
(c) any other documentation related to the import importer of the goodproduct may, within a period of time of no less than three years after the date of importation, apply for a refund of duties paid as a result of the customs authority of that Party may requireproduct not having been accorded preferential tariff treatment.
Appears in 2 contracts
Samples: Comprehensive Economic and Trade Agreement, Comprehensive Economic and Trade Agreement (Ceta)
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
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
and (c) any other documentation related to the import of the good, as the customs authority of that Party may require.
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 the an importer claiming in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of the other another Party to:
(a) declare in writing in the importation document required by its legislationmake a written declaration, based on a certificate valid Certificate of origin Origin, that a the good qualifies as originatingan originating good;
(b) have the certificate of origin Certificate in his its possession at the time the declaration is made;
(c) provide, if requested by its on the request of that Party's customs authorityadministration, a copy of the certificate of origin or copies of itCertificate; and
(d) promptly make a corrected declaration and pay any duties owed when owing where the importer has reasons reason to believe that the certificate of origin a Certificate on which a customs declaration was based contains incorrect information. When the importer presents a corrected declaration, the importer may information that is not be sanctioned, as long as the customs authorities have not initiated their faculties of verification and controlcorrect.
2. Each Party shall provide that, if where an importer in its territory claims preferential tariff treatment for a good imported into its territory from the territory of another Party:
a) the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement established in under this Chapter; and
b) the importer shall not be subject to penalties for the making of an incorrect declaration, if it may deny the preferential tariff treatment under this Agreement voluntarily makes a corrected declaration pursuant to a good imported from the territory of the other Partyparagraph 1(d).
3. Each Party shall provide that, when the importer does not request for where a preferential tariff treatment for goods imported into its territory that good would have qualified as originatingan 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, according to no later than one year after the legislation date on which the good was imported, apply for a refund of each Party, request any excess duties paid as the return result of the customs duties paid in excess for good not having requested the been accorded preferential tariff treatment for that goodtreatment, as long as the request is accompanied byon presentation of:
(a) a written declaration, indicating declaration that the good qualifies qualified as an originating good at the time of importation;
(b) a copy of the certificate Certificate of origin or its copyOrigin; and
(c) any such other documentation related relating to the import importation of the good, good as the customs authority of that Party may require.
Appears in 2 contracts
Samples: North American Free Trade Agreement, North American Free Trade Agreement