Common use of Obligations Relating to Importations Clause in Contracts

Obligations Relating to Importations. Any good that meets all the applicable requirements in this Chapter is eligible for preferential tariff treatment. 2. A Party may deny preferential tariff treatment under this Agreement to imported good(s) if the importer fails to comply with any requirement of this Chapter. Slight discrepancies as between the wording and details stated in the Declaration of Origin produced to the customs administration of the importing Party shall not, of itself, cause any claim for preferential tariff treatment to be denied. 3. 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) declare in the importation document that the good qualifies as an originating good, based on a Declaration of Origin; (b) have the Declaration of Origin in its possession at the time the declaration is made; (c) provide, on the request of that Party's customs administration, a copy of the Declaration of Origin; and (d) promptly submit a corrected declaration in a manner required by the customs administration of the importing Party and pay any owed duties where the importer has reason to believe that a Declaration of Origin on which a declaration was based contains information that is not correct. 4. Each Party shall provide that, where a good qualified as originating 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 (1) 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 granted preferential tariff treatment, on presentation of: (a) a written declaration that the good qualified as originating; (b) a copy of the Declaration of Origin; and (c) such other documentation relating to the importation of the good as the importing Party may require.

Obligations Relating to Importations. 1. Any good that meets all the applicable requirements in this Chapter and in Chapter 3 (Rules of Origin) is eligible for preferential tariff treatment. 2. A Party may deny preferential tariff treatment under this Agreement to imported good(s) if the importer fails to comply with any requirement of this Chapter. Slight discrepancies as between the wording and details stated in the Declaration Chapter or Chapter 3 (Rules of Origin produced to the customs administration of the importing Party shall not, of itself, cause any claim for preferential tariff treatment to be deniedOrigin). 3. 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) declare in the importation document that the good qualifies as an originating good, based on a Declaration Certification of Origin; (b) have the Declaration Certification of Origin in its possession at the time the declaration is made; (c) provide, on the request of that Party's customs administrationauthority, a copy of the Declaration Certification of Origin; and (d) promptly submit a corrected declaration in a manner required by the customs administration authority of the importing Party and pay any owed duties where the importer has reason to believe that a Declaration Certification of Origin on which a declaration was based contains information that is not correct. 4. Each Party shall provide that, where a good qualified as originating 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 (1) 1 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 granted preferential tariff treatment, on presentation of: (a) a written declaration that the good qualified as originatingoriginating at the time of importation; and (b) a copy of the Declaration Certification of Origin; and (c) such other documentation relating to the importation of the good as the importing Party may require.

Obligations Relating to Importations. Any good that meets all the applicable requirements in this Chapter is eligible 1. Each Party shall grant any claim for preferential tariff treatmenttreatment made in accordance with this Chapter, unless the Party issues a written determination that the claim is invalid as a matter of law or fact. 2. A Party may deny preferential tariff treatment under this Agreement to imported good(s) a good if the importer fails to comply with any requirement of in this Chapter. Slight discrepancies as between the wording and details stated in the Declaration of Origin produced 3. No Party may subject an importer to the customs administration of the importing Party shall not, of itself, cause any penalty for making an invalid claim for preferential tariff treatment to be deniedtreatment, if the importer: (a) did not engage in negligence, gross negligence, or fraud in making the claim and pays any customs duty owing; or (b) on becoming aware that such a claim is not valid, promptly and voluntarily corrects the claim and pays any customs duty owing. 34. Except as otherwise provided in this Chapter, each Each Party shall may require that an importer in its territory that who claims preferential tariff treatment for a good imported into its territory from the territory of the other Party toterritory: (a) declare in the importation document that the good qualifies as an originating good, based on a Declaration of Originis originating; (b) have the Declaration of Origin in its possession at the time the declaration referred to in subparagraph (a) is mademade a written or electronic certification as described in Article 4.15, if the certification forms the basis for the claim; (c) provide, on the request of that Party's customs administration, provide a copy of the Declaration of Origincertification, on request, to the importing Party, if the certification forms the basis for the claim; and (d) promptly submit a corrected declaration in a manner required by the customs administration of the importing Party and pay any owed duties where when the importer has reason to believe that the declaration in subparagraph (a) is based on inaccurate information, correct the importation document and pay any customs duty owing; (e) when a Declaration certification by a producer or exporter forms the basis for the claim, either provide or have in place, at the importer's option, an arrangement to have the producer or exporter provide, on request of Origin the importing Party, all information relied on which a declaration was based contains information by such producer or exporter in making such certification; and (f) demonstrate, on request of the importing Party, that the good is not correctoriginating under Article 4.1, including that the good satisfies the requirements of Article 4.13. 45. Each Party shall provide that, where a good qualified as was originating 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 time, the importer of the good may, no later than one (1) year after the date on which the good was importedof importation, 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 granted accorded preferential tariff treatment, on presentation to the Party of: (a) a written declaration declaration, stating that the good qualified as originatingwas originating at the time of importation; (b) a copy of a written or electronic certification if a certification forms the Declaration of Originbasis for the claim, or other information demonstrating that the good was originating; and (c) such other documentation relating to the importation of the good as the importing Party may require. 6. Each Party may provide that the importer is responsible for complying with the requirements of paragraph 4, notwithstanding that the importer may have based its claim for preferential tariff treatment on a certification or information that an exporter or producer provided. 7. Nothing in this Article shall prevent a Party from taking action under Article 3.2.7.