Common use of Origin Verifications Clause in Contracts

Origin Verifications. 1. The importing Party may request the exporting Party to provide information regarding the origin of any imported good. 2. For purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing Party may, through its customs administration, conduct verification solely by means of: (a) written questionnaires and requests for required information to an exporter or a producer in the territory of the other Party; (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to in Article 5.4.5 and observe the facilities used in the production of the good, or to that effect any facilities used in the production of the materials; or (c) such other procedure as the Parties may agree. 3. The exporter or producer that receives a questionnaire pursuant to subparagraph 2(a) shall answer and return it within a period of 30 days from the date on which it was received. During this period the exporter or producer may, in only one opportunity, request in writing to the importing Party an extension of the original period, not exceeding 30 days. 4. In the case the exporter or producer does not return the questionnaire correctly answered within the given period or its extension, the importing Party may deny preferential tariff treatment. 5. Prior to conducting a verification visit pursuant to subparagraph 2(b), a Party shall, through its customs administration: (a) deliver a written notification of its intention to conduct the visit to: (i) the exporter or producer whose premises are to be visited; (ii) the customs administration of the other Party; and (iii) if requested by the other Party, the embassy of the other Party in the territory of the importing Party proposing to conduct the visit; and (b) obtain the written consent of the exporter or producer whose premises are to be visited. 6. The notification referred to in paragraph 5 shall include: (a) the identity of the customs administration issuing the notification; (b) the name of the exporter or producer whose premises are to be visited; (c) the date and place of the proposed verification visit; (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification; (e) the names and titles of the officials performing the verification visit; and (f) the legal authority for the verification visit. 7. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the receipt of notification pursuant to paragraph 5, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 8. Each Party shall provide that, upon receipt of notification pursuant to paragraph 5, such an exporter or a producer may, within 15 days of receiving the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. However, this may be done in only one opportunity. For this purpose, this extension shall be notified to the customs administration of the importing and exporting Parties. 9. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 8. 10. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that: (a) the observers do not participate in a manner other than as observers; and (b) the failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 11. Each Party shall, through its customs administration, where conducting the verification of origin involving a regional value content, De Minimis calculation or any other provision in Chapter 4 to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 12. After the conclusion of a verification, the customs administration conducting the verification shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination.

Origin Verifications. 1. The importing Party may request information from the exporting Party to provide information regarding for the purpose of determining the origin of any imported a good. 2. For purposes of determining whether a good imported into its territory from the territory of the other another Party under preferential tariff treatment qualifies as an originating good, the importing Party may, through its customs administrationcompetent authority, conduct a verification solely by means of: (a) written Written questionnaires and requests for required information to an exporter exporters or a producer producers in the territory of the other exporting Party; (b) visits to the premises of an exporter or a producer in the territory of the other exporting Party to review the accounting records and documents referred to in Article 5.4.5 5.04(5) and observe the facilities and materials or products used in the production of the good, or to that effect any facilities used in the production of the materials; or (c) such other procedure as the Parties may agree. 3. The An exporter or producer that receives a questionnaire pursuant to subparagraph paragraph 2(a) shall answer is required to complete and return it within a period of 30 days from the date on which it was receivedof receipt. During this period the period, the exporter or producer may, in only on one opportunityoccasion, request apply in writing to the importing Party for an extension of the original period, which may not exceeding be for more than 30 days. 4. In the case event that the exporter or producer does not fails to return the duly-completed questionnaire correctly answered within the given period or its extension, the importing Party may deny preferential tariff treatment. 5. Prior to conducting a verification visit pursuant to subparagraph 2(bparagraph (2)(b), a the importing Party shall, through its customs administration: (a) competent authority, deliver a written notification of its intention to conduct the visit to: (i) visit. The notification shall be sent to the exporter or producer whose premises are to be visited; (ii) , to the customs administration competent authority of the other Party; Party in whose territory the visit is to be conducted and (iii) , if requested by the other Partylatter, to the embassy of the other that Party in the territory of the importing Party. The competent authority of the importing Party proposing to conduct the visit; and (b) shall obtain the written consent of the exporter or producer whose premises are to be visited. 6. The notification referred to in paragraph 5 shall include: (a) the The identity of the customs administration competent authority issuing the notification; (b) the name of the exporter or producer whose premises are to be visited; (c) the date and place of the proposed verification visit; (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification; (e) the names identification and titles of the officials performing the verification visit; and (f) the legal authority for the verification visit. 7. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the of receipt of notification pursuant to paragraph 5, the notifying importing Party may deny preferential tariff treatment to the good or goods that would have been the subject of the visit. 8. Each Party shall provide that, upon receipt of where its exporter or producer receives notification pursuant to paragraph 5, such an exporter or a producer it may, within 15 days of receiving receipt of the notification, apply on one occasion to postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. However, this may be done in only one opportunity. For this purpose, this extension Notification of the postponement of the visit shall be notified made to the customs administration competent authorities of the importing Party and the exporting PartiesParty. 9. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 8. 10. Each Party shall permit an exporter or a producer whose good is or goods are the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that: (a) that the observers do not participate in a manner other than as observers; and (b) the . The failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 11. Each Party shall, through its customs administrationcompetent authority, where conducting the conduct a verification of origin involving a the regional value contentcontent requirement, De Minimis calculation de minimis calculation, or any other provision in Chapter 4 to which (Rules of Origin) in accordance with the Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable applied in the territory of the Party from which the good was exported. 12. After the conclusion of The competent authority conducting a verification, the customs administration conducting the verification shall provide the exporter or producer whose good is or goods are the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination.

Origin Verifications. 1. The importing Party may request the exporting Party to provide information regarding the origin of any imported good. 2. For purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing a Party may, through its customs administration, conduct a verification solely by means of: (a) written questionnaires and requests for required information to an exporter or a producer in the territory of the other Party; (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to in Article 5.4.5 V.5(a) and observe the facilities used in the production of the good, or to that effect any facilities used in the production of the materials; or (c) such other procedure procedures as the Parties may agree. 32. The An exporter or producer that who receives a questionnaire pursuant to subparagraph 2(aparagraph 1(a) shall answer and return it within a period of be given not less than 30 days from the date on which it was receivedof receipt to provide responses and return the form. During this period that period, the exporter or producer may, in only one opportunity, may submit a written request in writing to the importing Party an Party, asking for a single extension of the original period, this deadline for a period not exceeding to exceed an additional 30 days. 43. In the case the Where an exporter or producer does not fails to return the a duly completed questionnaire correctly answered within the given above-mentioned period or its extension, the importing Party may deny preferential tariff treatmenttreatment to the good in question. 54. Prior to conducting a verification visit pursuant to subparagraph 2(bParagraph (1)(b), a Party shall, through its customs administration: (a) deliver a written notification of its intention to conduct the visit to: (i) the exporter or producer whose premises are to be visited; (ii) the customs administration of the other PartyParty at least 5 working days prior to notifying the exporter or producer referred to in 4(a)(i); and (iii) if requested by the other Party, the embassy of the other Party in the territory of the importing Party proposing to conduct the visit; and (b) obtain the written consent of the exporter or producer whose premises are to be visited. 65. The notification referred to in paragraph 5 4 shall include: (a) the identity of the customs administration issuing the notification; (b) the name of the exporter or producer whose premises are to be visited; (c) the date and place of the proposed verification visit; (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification; (e) the names and titles of the officials performing the verification visit; and (f) the legal authority for the verification visit. 76. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the receipt of notification pursuant to paragraph 54, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 87. Each Party shall provide that, upon receipt of where its customs administration receives notification pursuant to paragraph 54, such an exporter or a producer the customs administration may, within 15 days of receiving receipt of the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. 8. HoweverEach Party shall provide that, this may be done in only one opportunity. For this purposewhen the exporter or producer receives notification pursuant to paragraph 4, this extension shall be notified to the customs administration exporter or producer may, on a single occasion, within 15 days of receipt of the importing and exporting Partiesnotification, request the postponement of the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as agreed to by the notifying Party. 9. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 87. 10. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two 2 observers to be present during the visit, provided that: (a) the observers do not participate in a manner other than as observers; and (b) the failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 11. Each Party shall, through its customs administration, where conducting the a verification of origin involving a regional value content, De Minimis de minimis calculation or any other provision in Chapter 4 IV (Rules of Origin) to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 12. After the conclusion of The Party conducting a verificationverification shall, the through its customs administration conducting and within 120 days after it has received all the verification shall necessary information, provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination. Notwithstanding the foregoing, the customs administration may extend such period for up to 90 days, after notifying the producer or exporter of the good.

Origin Verifications. 1. The importing Party may request information from the exporting Party to provide information regarding on the origin of any imported a good. 2. 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 a Party may, through its customs administration, conduct a verification solely by means of: (a) written questionnaires and requests for required information to an exporter exporters or a producer producers in the territory of the other Party; (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to and documents accrediting compliance with the rules of origin in accordance with Article 5.4.5 5-06 (a) and observe the facilities used in the production of the good, or to that effect any facilities used in the production of the materials; or (c) such other procedure as the Parties may agree. 3. The exporter or producer that receives a questionnaire pursuant to subparagraph 2(a) shall answer and return it within a period of 30 days from the date on which it was received. During this period the exporter or producer may, in only one opportunity, request in writing to the importing Party an extension of the original period, not exceeding 30 days. 4. In the case the exporter or producer does not return the questionnaire correctly answered within the given period or its extension, the importing Party may deny preferential tariff treatment. 5. Prior to conducting a verification visit pursuant to subparagraph 2(bparagraph (2)(b), a the importing Party shall, through its customs administration: (a) , deliver a written notification of its intention to conduct the visit to: (i) visit. The notification shall be sent to the exporter or producer whose premises are to be visited; (ii) , to the customs administration of the other Party; Party in whose territory the visit is to be conducted and (iii) , if requested by the other Partylatter, to the embassy of the other Party in the territory of the importing Party. The customs administration of the importing Party proposing to conduct the visit; and (b) shall obtain the written consent of the exporter or producer whose premises are to be visited. 64. The notification referred to in paragraph 5 3 shall include: (a) the identity of the customs administration issuing the notification; (b) the name of the exporter or producer whose premises are to be visited; (c) the date and place of the proposed verification visit; (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification; (e) the names names, identification and titles of the officials performing the verification visit; and (f) the legal authority for the verification visit. 75. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the of receipt of notification pursuant to paragraph 53, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 86. Each Party shall provide that, upon receipt of where its customs administration receives notification pursuant to paragraph 53, such an exporter or a producer the customs administration may, within 15 days of receiving receipt of the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. However, this may be done in only one opportunity. For this purpose, this extension shall be notified to the customs administration of the importing and exporting Parties. 97. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 86. 108. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that: (a) that the observers do not participate in a manner other than as observers; and (b) the . The failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 119. Each Party shall, through its customs administration, where conducting the a verification of origin involving a regional value content, De Minimis de minimis calculation or any other provision in Chapter 4 (Rules of Origin) to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 1210. After the conclusion of a verificationverification visit, the customs administration conducting the verification shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination. 11. Where a verification by a Party establishes that an exporter or a producer has made a false or unsupported certification or declaration on more than one occasion that a good imported into its territory qualifies as an originating good, the importing Party may withhold preferential tariff treatment to identical goods exported or produced by such person until that person establishes compliance with Chapter 4 (Rules of Origin). 12. Each Party shall provide that where its customs administration determines that a good imported into its territory does not qualify as an originating good based on a tariff classification or a value applied by the Party to one or more materials used in the production of the good, which differs from the tariff classification or value applied to the materials by the Party from whose territory the good was exported, the importing Party’s determination shall not become effective until it notifies in writing both the importer of the good and the person that completed and signed the Certificate of Origin for the good of its determination. 13. A Party shall not apply a determination made under paragraph 12 to an importation made before the effective date of the determination where: (a) the customs administration of the exporting Party has issued an advance ruling under Article 5-09 or any other ruling on the tariff classification or on the value of such materials, on which a person is entitled to rely; and (b) such rulings were given prior to notification of the verification of origin.

Origin Verifications. 1. The importing Party may request information from the exporting Party to provide information regarding on the origin of any imported a good. 2. 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 a Party may, through its customs administration, conduct a verification solely by means of: (a) written questionnaires and requests for required information to an exporter exporters or a producer producers in the territory of the other Party; (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to and documents accrediting compliance with the rules of origin in accordance with Article 5.4.5 5-06 (a) and observe the facilities used in the production of the good, or to that effect any facilities used in the production of the materials; or (c) such other procedure as the Parties may agree. 3. The exporter or producer that receives a questionnaire pursuant to subparagraph 2(a) shall answer and return it within a period of 30 days from the date on which it was received. During this period the exporter or producer may, in only one opportunity, request in writing to the importing Party an extension of the original period, not exceeding 30 days. 4. In the case the exporter or producer does not return the questionnaire correctly answered within the given period or its extension, the importing Party may deny preferential tariff treatment. 5. Prior to conducting a verification visit pursuant to subparagraph 2(bparagraph (2)(b), a the importing Party shall, through its customs administration: (a) , deliver a written notification of its intention to conduct the visit to: (i) visit. The notification shall be sent to the exporter or producer whose premises are to be visited; (ii) , to the customs administration of the other Party; Party in whose territory the visit is to be conducted and (iii) , if requested by the other Partylatter, to the embassy of the other Party in the territory of the importing Party. The customs administration of the importing Party proposing to conduct the visit; and (b) shall obtain the written consent of the exporter or producer whose premises are to be visited. 64. The notification referred to in paragraph 5 3 shall include: (a) the identity of the customs administration issuing the notification; (b) the name of the exporter or producer whose premises are to be visited; (c) the date and place of the proposed verification visit; (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification; (e) the names names, identification and titles of the officials performing the verification visit; and (f) the legal authority for the verification visit. 75. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the of receipt of notification pursuant to paragraph 53, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 86. Each Party shall provide that, upon receipt of where its customs administration receives notification pursuant to paragraph 53, such an exporter or a producer the customs administration may, within 15 days of receiving receipt of the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. However, this may be done in only one opportunity. For this purpose, this extension shall be notified to the customs administration of the importing and exporting Parties. 97. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 86. 108. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that: (a) that the observers do not participate in a manner other than as observers; and (b) the . The failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 119. Each Party shall, through its customs administration, where conducting the a verification of origin involving a regional value content, De Minimis de minimis calculation or any other provision in Chapter 4 (Rules of Origin} to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 1210. After the conclusion of a verificationverification visit, the customs administration conducting the verification shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination. 11. Where a verification by a Party establishes that an exporter or a producer has made a false or unsupported certification or declaration on more than one occasion that a good imported into its territory qualifies as an originating good, the importing Party may withhold preferential tariff treatment to identical goods exported or produced by such person until that person establishes compliance with Chapter 4 (Rules of Origin). 12. Each Party shall provide that where its customs administration determines that a good imported into its territory does not qualify as an originating good based on a tariff classification or a value applied by the Party to one or more materials used in the production of the good, which differs from the tariff classification or value applied to the materials by the Party from whose territory the good was exported, the importing Party's determination shall not become effective until it notifies in writing both the importer of the good and the person that completed and signed the Certificate of Origin for the good of its determination. 13. A Party shall not apply a determination made under paragraph 12 to an importation made before the effective date of the determination where: (a) the customs administration of the exporting Party has issued an advance ruling under Article 5-09 or any other ruling on the tariff classification or on the value of such materials, on which a person is entitled to rely; and (b) such rulings were given prior to notification of the verification of origin.

Origin Verifications. 1. The importing Party may request the exporting Party to provide information regarding the origin of any imported good. 2. For purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, the importing Party may, through its customs administration, conduct verification solely by means of: (a) written questionnaires and requests for required information to an exporter or a producer in the territory of the other Party; (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to in Article 5.4.5 and observe the facilities used in the production of the good, or to that effect any facilities used in the production of the materials; or (c) such other procedure as the Parties may agree. 3. The exporter or producer that receives a questionnaire pursuant to subparagraph 2(a) shall answer and return it within a period of 30 days from the date on which it was received. During this period the exporter or producer may, in only one opportunity, request in writing to the importing Party an extension of the original period, not exceeding 30 days. 4. In the case the exporter or producer does not return the questionnaire correctly answered within the given period or its extension, the importing Party may deny preferential tariff treatment. 5. Prior to conducting a verification visit pursuant to subparagraph 2(b), a Party shall, through its customs administration: (a) deliver a written notification of its intention to conduct the visit to: (i) the exporter or producer whose premises are to be visited; (ii) the customs administration of the other Party; and (iii) if requested by the other Party, the embassy of the other Party in the territory of the importing Party proposing to conduct the visit; and (b) obtain the written consent of the exporter or producer whose premises are to be visited. 6. The notification referred to in paragraph 5 shall include: (a) the identity of the customs administration issuing the notification; (b) the name of the exporter or producer whose premises are to be visited; (c) the date and place of the proposed verification visit; (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification; (e) the names and titles of the officials performing the verification visit; and (f) the legal authority for the verification visit. 7. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days after the receipt of notification pursuant to paragraph 55 , the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 8. Each Party shall provide that, upon receipt of notification pursuant to paragraph 55 , such an exporter or a producer may, within 15 days of receiving the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. However, this may be done in only one opportunity. For this purpose, this extension shall be notified to t o the customs administration of the importing and exporting Parties. 9. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 88 . 10. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that: (a) the observers do not participate in a manner other than as observers; and (b) the failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 11. Each Party shall, through its customs administration, where conducting the verification of origin involving a regional value content, De Minimis calculation or any other provision in Chapter 4 to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 12. After the conclusion of a verification, the customs administration conducting the verification shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination.