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.
Appears in 7 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Origin Verification. 1. The importing Party may verify In order to ensure the eligibility proper application of a good for preferential tariff treatment this Chapter, the Parties shall, subject to available resources, assist each other to carry out verification of the information related to Documentary Evidence of Origin, in accordance with its laws, regulations this Agreement and policiestheir respective laws and regulations.
2. Verification For the purposes of eligibility for preferential tariff treatment determining whether a good imported into one Party from the other Party qualifies as an originating good, the customs administration of the importing Party may include either Party taking the following courses of actionconduct a verification action by means of:
(a) instituting measures to establish written requests for information from the validity of the Declaration of Origin or Certificate of Originimporter;
(b) issuing written requests for information, to the relevant importers of a good for which preferential tariff treatment was claimed in the territory authorised body or customs administration of the importing exporting Party to verify the validity of Documentary Evidence of Origin subject to available resources of the exporting Party;
(c) requesting written requests for information from the importer exporter or producer referred to arrange for the supply in subparagraph 1(a) of records relating to the production, manufacture or export of the good for which preferential tariff treatment was claimed Article 3.20 in the territory of the importing exporting Party;; or
(d) requests verification visits to the relevant premises of the exporter or producer referred to in subparagraph 1(a) of Article 3.20 in the exporting Party in accordance with Article 3.22.
3. For the purposes of subparagraphs 2(b) and (c), the customs administration of the importing Party shall allow the exporter, producer, authorised body or customs administration of the exporting Party to obtain a period of 45 days from the information requested in subparagraph (c); or
(e) visiting the factory or premises date of receipt of the producer, importer, exporter written request to respond or any other party in time period agreed upon by 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 PartyParties.
4. The customs administration of 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 endeavour to complete any action to verify eligibility and shall require that producers and exporters cooperate in any action to verify eligibility.
6. Action under paragraph 2 to verify eligibility for preferential tariff treatment shall be completed and a decision shall be made within 130 days six months. Upon the completion of the commencement action under paragraph 2, the customs administration of such action. A the importing Party shall provide written notification of its decision as to whether goods are eligible well as the legal basis and findings of fact on which the decision was made to:
(a) where a written request for preferential tariff treatment must be provided to all relevant parties within 20 days information under subparagraph 2(a), (b) or (c) was made, the importer, exporter, producer, authorised body or customs administration of the decision being madeexporting Party who was requested to provide information; and
(b) where a verification visit under subparagraph 2(d) was undertaken, the exporting Party and the exporter and the producer whose premises were visited.
Appears in 4 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Origin Verification. 1. The importing Party may verify In order to ensure the eligibility proper application of a good for preferential tariff treatment this Chapter, the Parties shall, subject to available resources, assist each other to carry out verification of the information related to Documentary Evidence of Origin, in accordance with its laws, regulations this Agreement and policiestheir respective laws and regulations.
2. Verification For the purposes of eligibility for preferential tariff treatment determining whether a good imported into one Party from the other Party qualifies as an originating good, the customs administration of the importing Party may include either Party taking the following courses of actionconduct a verification action by means of:
(a) instituting measures to establish written requests for information from the validity of the Declaration of Origin or Certificate of Originimporter;
(b) issuing written requests for information, to the relevant importers of a good for which preferential tariff treatment was claimed in the territory authorised body or customs administration of the importing exporting Party to verify the validity of Documentary Evidence of Origin subject to available resources of the exporting Party;
(c) requesting written requests for information from the importer exporter or producer referred to arrange for the supply in subparagraph 1(a) of records relating to the production, manufacture or export of the good for which preferential tariff treatment was claimed Article 3.20 in the territory of the importing exporting Party;; or
(d) requests verification visits to the relevant premises of the exporter or producer referred to in subparagraph 1(a) of Article 3.20 in the exporting Party in accordance with Article 3.22.
3. For the purposes of subparagraphs 2(b) and (c), the customs administration of the importing Party shall allow the exporter, producer, authorised body or customs administration of the exporting Party to obtain a period of 45 days from the information requested in subparagraph (c); or
(e) visiting the factory or premises date of receipt of the producer, importer, exporter written request to respond or any other party in time period agreed upon by 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 PartyParties.
4. The customs administration of 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 endeavour to complete any action to verify eligibility and shall require that producers and exporters cooperate in any action to verify eligibility.
6. Action under paragraph 2 to verify eligibility for preferential tariff treatment shall be completed and a decision shall be made within 130 days six months. Upon the completion of the commencement action under paragraph 2, the customs administration of such action. A the importing Party shall provide written notification of its decision as to whether goods are eligible for preferential tariff treatment must be provided to all relevant parties within 20 days well as the legal basis and findings of fact on which the decision being made.was made to:
(a) where a written request for information under subparagraph 2(a), (b) or
Appears in 3 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Origin Verification. 1. The When there is a reasonable doubt as to the origin of a good, for the purposes of determining whether a good imported into a Party from the other Party qualifies as an originating good, the customs administration of the importing Party may verify the eligibility of conduct 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 actionverification process by means of:
(a) instituting measures to establish written requests for additional information from the validity of the Declaration of Origin or Certificate of Originimporter;
(b) issuing written requests for information, additional information from the exporter or producer of the exporting Party; or
(c) visits to the relevant importers premises of an exporter or a good for which preferential tariff treatment was claimed producer in the territory of the importing other Party;
(c) requesting , along with the importer customs administration of the exporting Party, to arrange for observe the supply of records relating to facilities and the production, manufacture or export production processes of the good for which preferential tariff treatment was claimed in and to review the territory records referring to origin including accounting files. Officials of the importing Party;
(d) requests to the relevant customs administration of the exporting Party to obtain may attend as observers on such verification visits.
2. For the purposes of subparagraph 1(b), all the information requested in subparagraph (c); or
(e) visiting by 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 customs administration of the importing Party, or of Party and responded to by the materials used or consumed in the production of that good.
3. All requests to the relevant customs administration of the exporting Party shall be communicated in relation to subparagraph (2)(dEnglish.
3. For the purposes of subparagraphs 1(a) to obtain and 1(b), where the importer, exporter or producer does not answer the written request for additional information will be subject to made by the resources constraints importing Party, within a period of 90 days from the relevant administration in date on which it was received, the exporting Partyimporting Party may deny the preferential tariff treatment.
4. The For the purposes of subparagraph 1(c):
(a) prior to conducting a verification visit, the importing Party shall shall:
(i) deliver a written notification of its intention to conduct the visit to the exporter or producer whose premises are to be visited and the customs administration of the other Party; and
(ii) obtain the written consent of the exporter or producer whose premises are to be visited; and
(b) where an exporter or producer has not given its written consent to a proposed verification visit within 30 days of the factory or premises receipt of any party listed in notification pursuant to subparagraph (2)(e) within a), the territory of notifying Party may deny preferential tariff treatment to the exporting Party without the prior consent of that Partyrelevant good.
5. To Where, at the extent allowed by its laws, regulations and policiestime of importation, the exporting customs administration of the importing Party has a reasonable doubt as to the origin of the good, the good may be released upon payment of a deposit or the payment of non-preferential duties, pending the outcome of the verification process. Such deposit or duties paid shall fully cooperate in any action to verify eligibility and shall require be refunded once the outcome of the verification process confirms that producers and exporters cooperate in any action to verify eligibilitythe good qualifies as an originating good.
6. Action A Party may suspend preferential tariff treatment to verify eligibility an importer on any subsequent import of a good when the customs administration has previously determined that an identical good was not eligible for such treatment, until it is demonstrated that the good complies with the provisions of this Chapter.
7. The Party conducting the verification visit shall provide to the exporter or producer and the importer whose goods are subject to the verification, a written determination of whether or not the goods in question qualify as originating. Any suspended preferential tariff treatment shall be completed and a decision reinstated upon the determination that goods qualify as originating goods.
8. The exporter or producer shall be made within 130 have 30 days from the date of receipt of the commencement written determination pursuant to paragraph 7 to provide in writing comments or additional information regarding the eligibility of such action. A decision as to whether goods are eligible the good for preferential tariff treatment must treatment. If the good is still found to be provided non-originating, the final written determination shall be communicated to all relevant parties the exporting customs administration within 20 30 days from the date of receipt of the decision being comments or additional information from the exporter or producer.
9. The importing Party shall, within one year from the start of the verification process, notify the exporting Party, in writing, of the results of the determination on the origin of the good, as well as the legal basis and findings of fact on which the determination was made.
Appears in 1 contract
Samples: Free Trade Agreement
Origin Verification. 1. The importing Party may verify the eligibility of a good goods 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, in accordance with mutually determined procedures:
(a) instituting measures to establish the validity of the Declaration of Origin or Certificate of Origin;
(b) issuing written requests for informationquestionnaires, to the be completed within a period of 30 days, to relevant producers, exporters or importers of a good goods 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 those goods;
(c) requesting the importer to arrange for the supply of records relating to the production, manufacture or export of the good goods 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 those goods; and
(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 goods 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 goodthose goods.
3. All requests to The importing Party shall notify the relevant administration exporting Party in writing when it approaches any party listed in Sub-paragraph (2)(d) within the territory of the exporting Party in relation during an action to subparagraph (2)(d) to obtain the information will be subject to the resources constraints of the relevant administration in the exporting Partyverify eligibility.
4. The importing Party shall not visit the factory or premises of any party listed in subparagraph Sub paragraph (2)(e2)(d) within the territory of the exporting Party without the prior consent of that Partyparty.
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 90 days of the commencement of such action. A decision Written advice as to whether goods are eligible for preferential tariff treatment must be provided to all relevant parties within 20 10 days of the decision being made.
Appears in 1 contract
Samples: Free Trade Agreement
Origin Verification. 1. The importing Party may verify the eligibility of a good goods 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, in accordance with mutually determined procedures:
(a) instituting measures to establish the validity of the Declaration of Origin or Certificate of Origin;
(b) issuing written requests for informationquestionnaires, to the be completed within a period of 30 days, to relevant producers, exporters or importers of a good goods 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 those goods;
(c) requesting the importer to arrange for the supply of records relating to the production, manufacture or export of the good goods 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 those goods; and
(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 goods 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 goodthose goods.
3. All requests to The importing Party shall notify the relevant administration exporting Party in writing when it approaches any party listed in Sub-paragraph (2)(d) within the territory of the exporting Party in relation during an action to subparagraph (2)(d) to obtain the information will be subject to the resources constraints of the relevant administration in the exporting Partyverify eligibility.
4. The importing Party shall not visit the factory or premises of any party listed in subparagraph Sub- paragraph (2)(e2)(d) within the territory of the exporting Party without the prior consent of that Partyparty.
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 90 days of the commencement of such action. A decision Written advice as to whether goods are eligible for preferential tariff treatment must be provided to all relevant parties within 20 10 days of the decision being made.
Appears in 1 contract
Samples: Free Trade Agreement