Origin Verification. 1. The importing Party may verify the eligibility of a good for preferential tariff treatment in accordance with its laws, regulations and policies.
2. Verification of eligibility for preferential tariff treatment may include either Party taking the following courses of action:
(a) instituting measures to establish the validity of the Declaration of Origin or Certificate of Origin;
(b) issuing written requests for information, to the relevant importers of a good for which preferential tariff treatment was claimed in the territory of the importing Party;
(c) requesting the importer to arrange for the supply of records relating to the production, manufacture or export of the good for which preferential tariff treatment was claimed in the territory of the importing Party;
(d) requests to the relevant administration of the exporting Party to obtain the information requested in subparagraph (c); or
(e) visiting the factory or premises of the producer, importer, exporter or any other party in the territory of a Party associated with the production, import or export of the good for which preferential tariff treatment was claimed in the territory of the importing Party, or of the materials used or consumed in the production of that good.
3. All requests to the relevant administration of the exporting Party in relation to subparagraph (2)(d) to obtain the information will be subject to the resources constraints of the relevant administration in the exporting Party.
4. The importing Party shall not visit the factory or premises of any party listed in subparagraph (2)(e) within the territory of the exporting Party without the prior consent of that Party.
5. To the extent allowed by its laws, regulations and policies, the exporting Party shall fully cooperate in any action to verify eligibility and shall require that producers and exporters cooperate in any action to verify eligibility.
6. Action to verify eligibility for preferential tariff treatment shall be completed and a decision shall be made within 130 days of the commencement of such action. A decision as to whether goods are eligible for preferential tariff treatment must be provided to all relevant parties within 20 days of the decision being made.
Origin Verification. 1. The Customs Administration of the importing Party may verify the eligibility of a good for preferential tariff treatment in accordance with its laws, regulations and practices.
2. If the Customs Administration of the importing Party has reasonable doubts as to the authenticity or accuracy of the information included in the Certificate of Origin it may:
(a) institute measures to establish the validity of the Certificate of Origin;
(b) issue written requests for information to the relevant importers of the good for which preferential tariff treatment was claimed; and
(c) issue written requests for information to the exporter in the exporting Party on the basis of a Certificate of Origin.
3. A request for information in accordance with subparagraph 2(c) shall not preclude the use of the verification method provided for in Article 4.23.
4. The Customs Administration of the importing Party shall complete any action to verify eligibility for preferential tariff treatment within 90 days from the commencement of such action, and make a decision and provide written advice as to whether the good is eligible for preferential tariff treatment to all relevant parties within 30 days.
Origin Verification. The importing Party may verify the eligibility of goods for preferential tariff treatment in accordance with its laws, regulations and policies.
Origin Verification. 1. For the purpose of determining whether a good imported into one Party from the other Party qualifies as an originating good, the customs authority of the importing Party may conduct a verification process by means of: (a) written requests for additional information from the importer; (b) written requests for additional information from the exporter or producer; (c) requests to the customs authority of the exporting Party for assistance in verifying the origin of the good; (d) verification visits to the premises of an exporter or a producer in the territory of the other Party, along with the customs authority of the exporting Party to observe the facilities and the production processes of the good and to review the records referring to origin, including accounting files. Officials of the customs authority of the exporting Party should come along as observers to the verification visit when requested by the importing Party; or (e) any other procedures to which the Parties may agree.
2. For purposes of paragraph 1(a) and 1(b), (a) the written request for additional information made by the importing Party will indicate that the time period the importer, exporter, or producer has to provide the information and documentation
3. For purposes of paragraph 1(c): (a) the customs authority of the importing Party shall provide the customs authority of the exporting Party with: (i) the reasons why such assistance for verification is requested; (ii) the certificate of origin of the good, or a copy thereof; and (iii) any information and documents as may be necessary for the purpose of such request; (b) the customs authority of the exporting Party shall provide the customs authority of the importing Party with a written statement in English, including findings and facts, and any supporting documents made available by the exporter or producer. Nonetheless, the exporting Party may issue the above mentioned written statement both in English and in the language required by its law. This statement shall indicate clearly whether the documents are authentic and whether the goods concerned can be considered an originating good and fulfill the other requirements of this Chapter. If the good can be considered an originating good, the statement shall include a detailed explanation of how the good obtained the originating status; and (c) in the cases where the customs authority of the exporting Party does not provide the written statement within 150 days of the date of request or w...
Origin Verification. 1. For the purpose of determining whether a good imported into its territory is an originating good, the importing Party may, through its customs administration, conduct a verification of a claim for preferential tariff treatment by one or more of the following:
(a) a written request or questionnaire seeking information, including documents, from the importer, exporter, or producer of the good;
(b) a verification visit to the premises of the exporter or producer of the good in order to request information, including documents, and to observe the production process and the related facilities;
(c) for a textile or apparel good, the procedures set out in Article 6.6 (Verification); or (d) any other procedure as may be decided by the Parties.
2. The importing Party may choose to initiate a verification under this Article to the importer or the person who completed the certification of origin.
3. If an importing Party conducts a verification under this Article it shall accept information, including documents, directly from the importer, exporter, or producer.
4. If a claim for preferential tariff treatment is based on a certification of origin completed by the exporter or producer, and in response to a request for information by an importing Party to determine whether a good is originating in verifying a claim of preferential treatment under paragraph 1(a), the importer does not provide sufficient information to demonstrate that the good is originating, the importing Party shall request information from the exporter or producer under paragraph 1 before it may deny the claim for preferential tariff treatment. The importing Party shall complete the verification, including any additional request to the exporter or producer under paragraph 1, within the time provided in paragraph 15.
5. A written request or questionnaire seeking information, including documents, or a request for a verification visit, under paragraphs 1(a) or (b) shall:
(a) include the identity of the customs administration issuing the request;
(b) state the object and scope of the verification, including the specific issue the requesting Party seeks to resolve with the verification;
(c) include sufficient information to identify the good that is being verified; and
(d) in the case of a verification visit, request the written consent of the exporter or producer whose premises are going to be visited and indicate:
(i) the legal authority for the visit,
(ii) the proposed date and location for the visi...
Origin Verification. 1. To ensure the effective application of this Chapter, the Parties shall assist each other to carry out verification on the authenticity of the documentary evidence of origin, the correctness of the information given therein, the originating status of the products concerned, and the fulfilment of any other requirements under this Chapter.
2. The competent governmental authorities of the exporting Party shall carry out verifications referred to in paragraph 1 upon request of the customs authority of the importing Party.
3. The importing Party shall submit the verification request to the exporting Party within 36 months from the completion or issuance of the documentary evidence of origin. The exporting Party is not obliged to conduct verifications based on verification requests received after that deadline.
4. The verification request shall include a copy of the documentary evidence of origin and, if appropriate, any other document or information giving reason to believe that the documentary evidence of origin is invalid. The reasons for the request shall be specified.
5. The customs authorities of the importing Party may, in accordance with their domestic legislation, suspend preferential tariff treatment or require payment of a deposit equivalent to the full amount of duties on a product covered by a documentary evidence of origin until the verification procedure has been accomplished.
6. The competent governmental authorities of the exporting Party may request evidence, carry out inspections at exporter’s or producer’s premises, check the exporter’s and the producer’s accounts and take other appropriate measures to verify compliance with this Chapter.
7. The requested Party shall notify the requesting Party of the results and findings of the verification within six months from the date of the verification request, unless the Parties agree upon another time frame on justified grounds. If the requesting Party receives no reply within six months or another time frame as agreed upon by the Parties, or if the reply does not state clearly whether the documentary evidence of origin is valid or whether a product is an originating product, the requesting Party may deny preferential tariff treatment to the product covered by the documentary evidence of origin concerned.
Origin Verification. Verification Visit Article 3.23 Denial of Preferential Tariff Treatment Article 3.24 Non-Party Invoices
Origin Verification. For purposes of determining whether goods imported into its territory from the territory of another Party qualify as originating goods, a Party may conduct verification solely by means of:
(i) submitting to the competent authority of the exporting Party request for information from an exporter or a producer, in a territory of another Party;
(ii) visits to the premises of an exporter or producer in the territory of another Party to review records and observe the production of the goods;
(iii) other procedures agreed upon by the Parties whenever necessary.
Origin Verification. 1. For purposes of determining whether a good imported into its territory from the territory of the other Party under preferential tariff treatment qualifies as an originating good, the importing Party may conduct a verification through its competent authority, in the territory of the other Party by means of:
(a) written questionnaires to an exporter or a producer in the territory of the other Party;
(b) verification visits to the premises of an exporter or a producer in the territory of the other Party to review the records and documents that demonstrate the compliance with the rules of origin, pursuant to Article 4-06 and to observe the facilities used in the production of the good and, as the case may be, the facilities used in the production of the materials used in the production of the good; or
(c) such other procedure as the Parties may agree.
2. The competent authority of the importing Party shall send the questionnaires and any communication relating to a verification visit, referred to in paragraphs 1(a) and 1(b), to the exporters or producers in the territory of the other Party, by any of the following means:
(a) certified or registered mail with confirmation of receipt;
(b) any other method that produces a confirmation of receipt by the exporter or producer; or
(c) such other method that the Parties may agree.
3. The provisions of paragraph 1 shall not prevent the competent authority of the importing Party from exercising its powers to conduct verifications in its territory, in relation with the fulfilment of any other obligation by its own importers, exporters or producers.
4. The exporter or producer who receives a questionnaire pursuant to paragraph 1(a), shall answer it correctly and return it within 45 days from the date of its receipt.
5. Each Party shall provide that, where it has received the answer to the questionnaire referred to in paragraph 1(a) within the period specified therein, and considers that it requires more information to determine whether the good subject to the verification qualifies as an originating good, it may, through its competent authority, request additional information from the exporter or producer, by means of a subsequent questionnaire, in which case, the exporter or producer shall answer it and return it, within 30 days from the date of its receipt.
6. If the exporter or producer fails to respond correctly to any of the questionnaires referred to in paragraphs 4 or 5, or does not return it within the period s...
Origin Verification. 1. For the purpose of ensuring the proper application of this Protocol, the Parties shall assist each other, through their customs authorities, in verifying whether products are originating and ensuring the accuracy of claims for preferential tariff treatment.
2. A Party's request for an origin verification concerning whether a product is originating or whether all other requirements of this Protocol are fulfilled shall be:
(a) based on risk assessment methods applied by the customs authority of the Party of import, which may include random selection; or
(b) made when the Party of import has reasonable doubts about whether the product is originating or whether all other requirements of this Protocol have been fulfilled.
3. The customs authority of the Party of import may verify whether a product is originating by requesting, in writing, that the customs authority of the Party of export conduct a verification concerning whether a product is originating. When requesting a verification, the customs authority of the Party of import shall provide the customs authority of the Party of export with:
(a) the identity of the customs authority issuing the request;
(b) the name of the exporter or producer to be verified;
(c) the subject and scope of the verification; and
(d) a copy of the origin declaration and, where applicable, any other relevant documentation.
4. When appropriate, the customs authority of the Party of import may request, pursuant to paragraph 3, specific documentation and information from the customs authority of the Party of export.
5. A request made by the customs authority of the Party of import pursuant to paragraph 3 shall be provided to the customs authority of the Party of export by certified or registered mail or any other method that produces a confirmation of receipt by that customs authority.
6. The customs authority of the Party of export shall proceed to the origin verification. For this purpose, the customs authority may, in accordance with its laws, request documentation, call for any evidence, or visit the premises of an exporter or a producer to review the records referred to in Article 25 and observe the facilities used in the production of the product.
7. If an exporter has based an origin declaration on a written statement from the producer or supplier, the exporter may arrange for the producer or supplier to provide documentation or information directly to the customs authority of the Party of export upon that Party's request.
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