Origin Verifications. 1. For the purposes of determining whether a goodimported from the other Party under preferential tarifftreatment qualifies as an originating good, the importingParty may conduct a verification through its customsauthority, by means of: (a) request of information relating to the origin ofa good to the competent governmental authority ofthe exporting Party on the basis of a certificateof origin; (b) written questionnaires to an exporter or aproducer of the good in the other Party; (c) request to the exporting Party to collectinformation, including that contained in thedocuments maintained pursuant to Article 43, thatdemonstrate the compliance with Chapter 4 and tocheck, for that purpose, the facilities used inthe production of the good, through a visit byits competent governmental authority along withthe customs authority of the importing Party tothe premises of an exporter or a producer of thegood in the exporting Party, and to provide thecollected information in the English language tothe customs authority of the importing Party; or (d) such other procedure as the Parties may agree. 2. Where the customs authority of the importing Party hasinitiated a verification in accordance with this 3. For the purposes of subparagraph 1(a), the competentgovernmental authority of the exporting Party shall providethe information requested, in a period not exceeding 4months, after the date of the request. If the customs authority of the importing Partyconsiders necessary, it may require additional informationrelating to the origin of the good. If additional information is requested by the customs authority of theimporting Party, the competent governmental authority ofthe exporting Party shall provide the information requestedin a period not exceeding 2 months after the date of therequest. If the competent governmental authority of theexporting Party fails to respond to the request within theperiod specified therein, the customs authority of theimporting Party shall determine that the good subject tothe verification does not qualify as an originating good,therefore considering the certificate of origin as notvalid, and shall deny it preferential tariff treatment. 4. The customs authority of the importing Party shallsend the questionnaires referred to in subparagraph 1(b),to the exporters or producers in the exporting Party, byany of the following means: (a) certified or registered mail with confirmation ofreceipt; (b) any other method that produces a confirmation ofreceipt by the exporter or producer; or (c) such other method that the Parties may agree. The customs authority of the importing Party shallimmediately communicate to the competent governmentalauthority of the exporting Party whenever it sends aquestionnaire referred to in subparagraph 1(b). 5. The provisions of paragraph 1 above shall not preventthe customs authority or the competent governmentalauthority, as the case may be, of the importing Party fromexercising its powers to take action in that Party, inrelation with the compliance with its domestic laws andregulations by its own importers, exporters or producers. 6. The exporter or producer who receives a questionnairepursuant to subparagraph 1(b) shall have 30 days from thedate of its receipt to answer such questionnaire and returnit. 7. Where the importing Party has received the answer tothe questionnaire referred to in subparagraph 1(b) withinthe period specified in paragraph 6 above, and considersthat it requires more information to determine whether thegood subject to the verification qualifies as anoriginating good, it may, through its customs authority,request additional information from the exporter orproducer, by means of a subsequent questionnaire, in whichcase, the exporter or producer shall have 30 days from thedate of its receipt to answer and return it. 8. (a) If the response by the exporter or producer to any of the questionnaires referred to inparagraph 6 or 7 above does not containsufficient information to determine that the goodis originating, the customs authority of theimporting Party may determine that the goodsubject to the verification does not qualify asan originating good and may deny it preferentialtariff treatment, upon written determinationunder paragraph 22 below. (b) If the response to the questionnaire referred toin paragraph 6 above is not returned within theperiod specified therein, the customs authorityof the importing Party shall determine that thegood subject to the verification does not qualifyas an originating good, therefore considering thecertificate of origin as not valid, and shalldeny it preferential tariff treatment.
Appears in 4 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Origin Verifications. 1. For the purposes of determining whether a goodimported good imported from the other Party under preferential tarifftreatment tariff treatment qualifies as an originating good, the importingParty importing Party may conduct a verification through its customsauthoritycustoms authority, by means of:
(a) request of information relating to the origin ofa of a good to the competent governmental authority ofthe of the exporting Party on the basis of a certificateof certificate of origin; ;
(b) written questionnaires to an exporter or aproducer a producer of the good in the other Party; ;
(c) request to the exporting Party to collectinformationcollect information, including that contained in thedocuments the documents maintained pursuant to Article 43, thatdemonstrate that demonstrate the compliance with Chapter 4 and tocheckto check, for that purpose, the facilities used inthe in the production of the good, through a visit byits by its competent governmental authority along withthe with the customs authority of the importing Party tothe to the premises of an exporter or a producer of thegood the good in the exporting Party, and to provide thecollected the collected information in the English language tothe to the customs authority of the importing Party; or or
(d) such other procedure as the Parties may agree.
2. Where the customs authority of the importing Party hasinitiated has initiated a verification in accordance with thisthis Article, the provisions of Annex 5 shall be applied as appropriate.
3. For the purposes of subparagraph 1(a), the competentgovernmental competent governmental authority of the exporting Party shall providethe provide the information requested, in a period not exceeding 4months4 months, after the date of the request. If the customs authority of the importing Partyconsiders Party considers necessary, it may require additional informationrelating information relating to the origin of the good. If additional information is requested by the customs authority of theimporting the importing Party, the competent governmental authority ofthe of the exporting Party shall provide the information requestedin requested in a period not exceeding 2 months after the date of therequestthe request. If the competent governmental authority of theexporting the exporting Party fails to respond to the request within theperiod the period specified therein, the customs authority of theimporting the importing Party shall determine that the good subject tothe to the verification does not qualify as an originating good,, therefore considering the certificate of origin as notvalidnot valid, and shall deny it preferential tariff treatment.
4. The customs authority of the importing Party shallsend shall send the questionnaires referred to in subparagraph 1(b),to 1(b), to the exporters or producers in the exporting Party, byany by any of the following means: :
(a) certified or registered mail with confirmation ofreceipt; of receipt;
(b) any other method that produces a confirmation ofreceipt of receipt by the exporter or producer; or or
(c) such other method that the Parties may agree. The customs authority of the importing Party shallimmediately shall immediately communicate to the competent governmentalauthority governmental authority of the exporting Party whenever it sends aquestionnaire a questionnaire referred to in subparagraph 1(b).
5. The provisions of paragraph 1 above shall not preventthe prevent the customs authority or the competent governmentalauthoritygovernmental authority, as the case may be, of the importing Party fromexercising from exercising its powers to take action in that Party, inrelation in relation with the compliance with its domestic laws andregulations and regulations by its own importers, exporters or producers.
6. The exporter or producer who receives a questionnairepursuant questionnaire pursuant to subparagraph 1(b) shall have 30 days from thedate the date of its receipt to answer such questionnaire and returnitreturn it.
7. Where the importing Party has received the answer tothe to the questionnaire referred to in subparagraph 1(b) withinthe within the period specified in paragraph 6 above, and considersthat considers that it requires more information to determine whether thegood the good subject to the verification qualifies as anoriginating an originating good, it may, through its customs authority,, request additional information from the exporter orproduceror producer, by means of a subsequent questionnaire, in whichcasewhich case, the exporter or producer shall have 30 days from thedate the date of its receipt to answer and return it. 8.
(a) If the response by the exporter or producer to any of the questionnaires referred to inparagraph in paragraph 6 or 7 above does not containsufficient contain sufficient information to determine that the goodis good is originating, the customs authority of theimporting the importing Party may determine that the goodsubject good subject to the verification does not qualify asan as an originating good and may deny it preferentialtariff preferential tariff treatment, upon written determinationunder determination under paragraph 22 below. .
(b) If the response to the questionnaire referred toin to in paragraph 6 above is not returned within theperiod the period specified therein, the customs authorityof authority of the importing Party shall determine that thegood the good subject to the verification does not qualifyas qualify as an originating good, therefore considering thecertificate the certificate of origin as not valid, and shalldeny shall deny it preferential tariff treatment.
9. The conducting of a verification in accordance with one of the methods set forth in paragraph 1 above shall not preclude the use of another verification method provided for in paragraph 1 above.
10. When requesting the exporting Party to conduct a visit pursuant to subparagraph 1(c), the importing Party shall deliver a written communication with such request to the exporting Party, the receipt of which is to be confirmed by the latter Party, at least 30 days in advance of the proposed date of the visit. The competent governmental authority of the exporting Party shall request the written consent of the exporter or producer whose premises are to be visited.
11. The communication referred to in paragraph 10 above shall include:
(a) the identity of the customs authority issuing the communication;
(b) the name of the exporter or producer whose premises are requested to be visited;
(c) the proposed date and place of the visit;
(d) the object and scope of the proposed visit, including specific reference to the good or goods subject of the verification referred to in the certificate of origin; and
(e) the names and titles of the officials of the customs authority of the importing Party to be present during the visit.
12. Any modification to the information referred to in paragraph 11 above shall be notified in writing, prior to the proposed date of the visit referred to in subparagraph 11(c). If the proposed date referred to in subparagraph 11(c) is to be modified, this shall be notified in writing at least 10 days prior to the date of the visit.
13. The exporting Party shall respond in writing to the importing Party, within 20 days of the receipt of the communication referred to in paragraph 10 above, if it accepts or refuses to conduct a visit requested pursuant to subparagraph 1(c).
14. Where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 10 above within the period referred to in paragraph 13 above, the customs authority of the importing Party shall determine that the good or goods that would have been the subject of the visit do not qualify as originating goods, therefore considering the certificate of origin as not valid, and shall deny them preferential tariff treatment.
15. The competent governmental authority of the exporting Party shall provide, within 45 days, or any other mutually agreed period, from the last day of the visit, to the customs authority of the importing Party the information obtained through the visit.
16. It is confirmed by both Parties that during the course of a verification referred to in paragraph 1 above, the customs authority of the importing Party may request information necessary for determining the origin of a material used in the production of the good.
17. For the purposes of obtaining information on the origin of the material used in the production of the good, the exporter or producer of the good referred to in paragraph 1 above may request a producer of the material to provide voluntarily the former with information relating to the origin of such material. In case the producer of such material desires, such information may be sent to the competent governmental authority of the exporting Party for the provision to the customs authority of the importing Party, without the involvement of the exporter or producer of the good.
18. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(a), the information shall be provided by the competent governmental authority of the exporting Party in accordance with paragraph 3 above. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(b), the information shall be provided by the exporter or producer of the good or the competent governmental authority of the exporting Party, as the case may be, in accordance with paragraph 6 or 7 above, as appropriate and mutatis mutandis, provided that in case the information is provided by the competent governmental authority, the 30 day period referred to in paragraph 6 or 7 above shall mean the period beginning on the date of the receipt of the questionnaire by that exporter or producer. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(c), the information shall be provided by the competent governmental authority of the exporting Party in accordance with paragraph 15 above.
19. The requesting of information relating to the origin of a material pursuant to paragraph 16 above during the course of a verification in accordance with one of the methods set forth in paragraph 1 above shall not preclude the requesting of information relating to the origin of a material during the course of a verification in accordance with another verification method provided for in paragraph 1 above.
20. The customs authority of the importing Party shall determine that a material used in the production of the good is a non-originating material where the exporter or producer of the good or the competent governmental authority of the exporting Party, as the case may be, does not provide the information that demonstrates that the material in question qualifies as originating, or where the information provided is not sufficient to determine whether that material is originating. Such a determination shall not necessarily lead to a decision that the good itself is not originating.
21. Each Party shall, through its customs authority, conduct a verification of a regional value content requirement in accordance with the Generally Accepted Accounting Principles applied in the Party from which the good was exported.
22. After carrying out the verification procedures outlined in paragraph 1 above, the customs authority of the importing Party shall in the manner specified in paragraph 4 above, provide the exporter or producer whose good is subject to the verification, a written determination of whether or not the good qualifies as an originating good under Chapter 4, including findings of fact and the legal basis for the determination.
23. Where the customs authority of the importing Party denies preferential tariff treatment to the good in question in the cases of paragraph 3, 8(b) or 14 above, a written determination thereof shall be sent to the exporter or producer, in the manner specified in paragraph 4 above.
24. When the Party conducting a verification referred to in paragraph 1 above determines, based on the information obtained during the verification, that a good does not qualify as an originating good, and provides the exporter or producer with a written determination pursuant to paragraph 22 above, it shall grant the exporter or producer whose good was the subject of the verification, 30 days from the date of receipt of the written determination, to provide any comments or additional information before denying preferential tariff treatment to the good, and shall issue a final determination after taking into consideration any comments or additional information received from the exporter or producer during the above- mentioned period, and shall send it to the exporter or producer in the manner specified in paragraph 4 above.
25. Where the verification completed by the customs authority of the importing Party indicates that an exporter or a producer has repeatedly made false representations that a good imported into the Party qualifies as an originating good, the customs authority of 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 to that authority. In taking such an action, the customs authority of the importing Party shall notify the person who completed and signed the certificate of origin and the competent governmental authority of the exporting Party.
26. Communications from the importing Party to an exporter or producer in the exporting Party as well as the response to the questionnaire referred to in subparagraph 1(b) to the importing Party shall be conducted in the English language.
Appears in 4 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Origin Verifications. 1. For the purposes of determining whether a goodimported good imported from the other Party under preferential tarifftreatment tariff treatment qualifies as an originating good, the importingParty importing Party may conduct a verification through its customsauthoritycustoms authority, by means of:
(a) request of information relating to the origin ofa of a good to the competent governmental authority ofthe of the exporting Party on the basis of a certificateof certificate of origin; ;
(b) written questionnaires to an exporter or aproducer a producer of the good in the other Party; ;
(c) request to the exporting Party to collectinformationcollect information, including that contained in thedocuments the documents maintained pursuant to Article 43, thatdemonstrate that demonstrate the compliance with Chapter 4 and tocheckto check, for that purpose, the facilities used inthe in the production of the good, through a visit byits by its competent governmental authority along withthe with the customs authority of the importing Party tothe to the premises of an exporter or a producer of thegood the good in the exporting Party, and to provide thecollected the collected information in the English language tothe to the customs authority of the importing Party; or or
(d) such other procedure as the Parties may agree.
2. Where the customs authority of the importing Party hasinitiated has initiated a verification in accordance with thisthis Article, the provisions of Annex 5 shall be applied as appropriate.
3. For the purposes of subparagraph 1(a), the competentgovernmental competent governmental authority of the exporting Party shall providethe provide the information requested, in a period not exceeding 4months4 months, after the date of the request. If the customs authority of the importing Partyconsiders Party considers necessary, it may require additional informationrelating information relating to the origin of the good. If additional information is requested by the customs authority of theimporting the importing Party, the competent governmental authority ofthe of the exporting Party shall provide the information requestedin requested in a period not exceeding 2 months after the date of therequestthe request. If the competent governmental authority of theexporting the exporting Party fails to respond to the request within theperiod the period specified therein, the customs authority of theimporting the importing Party shall determine that the good subject tothe to the verification does not qualify as an originating good,, therefore considering the certificate of origin as notvalidnot valid, and shall deny it preferential tariff treatment.
4. The customs authority of the importing Party shallsend shall send the questionnaires referred to in subparagraph 1(b),to 1(b), to the exporters or producers in the exporting Party, byany by any of the following means: :
(a) certified or registered mail with confirmation ofreceipt; of receipt;
(b) any other method that produces a confirmation ofreceipt of receipt by the exporter or producer; or or
(c) such other method that the Parties may agree. The customs authority of the importing Party shallimmediately shall immediately communicate to the competent governmentalauthority governmental authority of the exporting Party whenever it sends aquestionnaire a questionnaire referred to in subparagraph 1(b).
5. The provisions of paragraph 1 above shall not preventthe prevent the customs authority or the competent governmentalauthoritygovernmental authority, as the case may be, of the importing Party fromexercising from exercising its powers to take action in that Party, inrelation in relation with the compliance with its domestic laws andregulations and regulations by its own importers, exporters or producers.
6. The exporter or producer who receives a questionnairepursuant questionnaire pursuant to subparagraph 1(b) shall have 30 days from thedate the date of its receipt to answer such questionnaire and returnitreturn it.
7. Where the importing Party has received the answer tothe to the questionnaire referred to in subparagraph 1(b) withinthe within the period specified in paragraph 6 above, and considersthat considers that it requires more information to determine whether thegood the good subject to the verification qualifies as anoriginating an originating good, it may, through its customs authority,, request additional information from the exporter orproduceror producer, by means of a subsequent questionnaire, in whichcasewhich case, the exporter or producer shall have 30 days from thedate the date of its receipt to answer and return it. 8.
(a) If the response by the exporter or producer to any of the questionnaires referred to inparagraph in paragraph 6 or 7 above does not containsufficient contain sufficient information to determine that the goodis good is originating, the customs authority of theimporting the importing Party may determine that the goodsubject good subject to the verification does not qualify asan as an originating good and may deny it preferentialtariff preferential tariff treatment, upon written determinationunder determination under paragraph 22 below. .
(b) If the response to the questionnaire referred toin to in paragraph 6 above is not returned within theperiod the period specified therein, the customs authorityof authority of the importing Party shall determine that thegood the good subject to the verification does not qualifyas qualify as an originating good, therefore considering thecertificate the certificate of origin as not valid, and shalldeny shall deny it preferential tariff treatment.
9. The conducting of a verification in accordance with one of the methods set forth in paragraph 1 above shall not preclude the use of another verification method provided for in paragraph 1 above.
10. When requesting the exporting Party to conduct a visit pursuant to subparagraph 1(c), the importing Party shall deliver a written communication with such request to the exporting Party, the receipt of which is to be confirmed by the latter Party, at least 30 days in advance of the proposed date of the visit. The competent governmental authority of the exporting Party shall request the written consent of the exporter or producer whose premises are to be visited.
11. The communication referred to in paragraph 10 above shall include:
(a) the identity of the customs authority issuing the communication;
(b) the name of the exporter or producer whose premises are requested to be visited;
(c) the proposed date and place of the visit;
(d) the object and scope of the proposed visit, including specific reference to the good or goods subject of the verification referred to in the certificate of origin; and
(e) the names and titles of the officials of the customs authority of the importing Party to be present during the visit.
12. Any modification to the information referred to in paragraph 11 above shall be notified in writing, prior to the proposed date of the visit referred to in subparagraph 11(c). If the proposed date referred to in subparagraph 11(c) is to be modified, this shall be notified in writing at least 10 days prior to the date of the visit.
13. The exporting Party shall respond in writing to the importing Party, within 20 days of the receipt of the communication referred to in paragraph 10 above, if it accepts or refuses to conduct a visit requested pursuant to subparagraph 1(c).
14. Where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 10 above within the period referred to in paragraph 13 above, the customs authority of the importing Party shall determine that the good or goods that would have been the subject of the visit do not qualify as originating goods, therefore considering the certificate of origin as not valid, and shall deny them preferential tariff treatment.
15. The competent governmental authority of the exporting Party shall provide, within 45 days, or any other mutually agreed period, from the last day of the visit, to the customs authority of the importing Party the information obtained through the visit.
16. It is confirmed by both Parties that during the course of a verification referred to in paragraph 1 above, the customs authority of the importing Party may request information necessary for determining the origin of a material used in the production of the good.
17. For the purposes of obtaining information on the origin of the material used in the production of the good, the exporter or producer of the good referred to in paragraph 1 above may request a producer of the material to provide voluntarily the former with information relating to the origin of such material. In case the producer of such material desires, such information may be sent to the competent governmental authority of the exporting Party for the provision to the customs authority of the importing Party, without the involvement of the exporter or producer of the good.
18. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(a), the information shall be provided by the competent governmental authority of the exporting Party in accordance with paragraph 3 above. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(b), the information shall be provided by the exporter or producer of the good or the competent governmental authority of the exporting Party, as the case may be, in accordance with paragraph 6 or 7 above, as appropriate and mutatis mutandis, provided that in case the information is provided by the competent governmental authority, the 30 day period referred to in paragraph 6 or 7 above shall mean the period beginning on the date of the receipt of the questionnaire by that exporter or producer. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(c), the information shall be provided by the competent governmental authority of the exporting Party in accordance with paragraph 15 above.
19. The requesting of information relating to the origin of a material pursuant to paragraph 16 above during the course of a verification in accordance with one of the methods set forth in paragraph 1 above shall not preclude the requesting of information relating to the origin of a material during the course of a verification in accordance with another verification method provided for in paragraph 1 above.
20. The customs authority of the importing Party shall determine that a material used in the production of the good is a non-originating material where the exporter or producer of the good or the competent governmental authority of the exporting Party, as the case may be, does not provide the information that demonstrates that the material in question qualifies as originating, or where the information provided is not sufficient to determine whether that material is originating. Such a determination shall not necessarily lead to a decision that the good itself is not originating.
21. Each Party shall, through its customs authority, conduct a verification of a regional value content requirement in accordance with the Generally Accepted Accounting Principles applied in the Party from which the good was exported.
22. After carrying out the verification procedures outlined in paragraph 1 above, the customs authority of the importing Party shall in the manner specified in paragraph 4 above, provide the exporter or producer whose good is subject to the verification, a written determination of whether or not the good qualifies as an originating good under Chapter 4, including findings of fact and the legal basis for the determination.
23. Where the customs authority of the importing Party denies preferential tariff treatment to the good in question in the cases of paragraph 3, 8(b) or 14 above, a written determination thereof shall be sent to the exporter or producer, in the manner specified in paragraph 4 above.
24. When the Party conducting a verification referred to in paragraph 1 above determines, based on the information obtained during the verification, that a good does not qualify as an originating good, and provides the exporter or producer with a written determination pursuant to paragraph 22 above, it shall grant the exporter or producer whose good was the subject of the verification, 30 days from the date of receipt of the written determination, to provide any comments or additional information before denying preferential tariff treatment to the good, and shall issue a final determination after taking into consideration any comments or additional information received from the exporter or producer during the above-mentioned period, and shall send it to the exporter or producer in the manner specified in paragraph 4 above.
25. Where the verification completed by the customs authority of the importing Party indicates that an exporter or a producer has repeatedly made false representations that a good imported into the Party qualifies as an originating good, the customs authority of 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 to that authority. In taking such an action, the customs authority of the importing Party shall notify the person who completed and signed the certificate of origin and the competent governmental authority of the exporting Party.
26. Communications from the importing Party to an exporter or producer in the exporting Party as well as the response to the questionnaire referred to in subparagraph 1(b) to the importing Party shall be conducted in the English language.
Appears in 3 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Origin Verifications. 1. For the purposes of determining whether a goodimported good imported from the other Party under preferential tarifftreatment tariff treatment qualifies as an originating good, the importingParty importing Party may conduct a verification through its customsauthoritycustoms authority, by means of:
(a) request of information relating to the origin ofa of a good to the competent governmental authority ofthe of the exporting Party on the basis of a certificateof certificate of origin; ;
(b) written questionnaires to an exporter or aproducer a producer of the good in the other Party; ;
(c) request to the exporting Party to collectinformationcollect information, including that contained in thedocuments the documents maintained pursuant to Article 43, thatdemonstrate that demonstrate the compliance with Chapter 4 and tocheckto check, for that purpose, the facilities used inthe in the production of the good, through a visit byits by its competent governmental authority along withthe with the customs authority of the importing Party tothe to the premises of an exporter or a producer of thegood the good in the exporting Party, and to provide thecollected the collected information in the English language tothe to the customs authority of the importing Party; or (d) such other procedure as the Parties may agree.
2. Where the customs authority of the importing Party hasinitiated has initiated a verification in accordance with thisthis Article, the provisions of Annex 5 shall be applied as appropriate.
3. For the purposes of subparagraph 1(a), the competentgovernmental competent governmental authority of the exporting Party shall providethe provide the information requested, in a period not exceeding 4months4 months, after the date of the request. If the customs authority of the importing Partyconsiders Party considers necessary, it may require additional informationrelating information relating to the origin of the good. If additional information is requested by the customs authority of theimporting the importing Party, the competent governmental authority ofthe of the exporting Party shall provide the information requestedin requested in a period not exceeding 2 months after the date of therequest. If the competent governmental authority of theexporting Party fails to respond to the request within theperiod specified therein, the customs authority of theimporting Party shall determine that the good subject tothe verification does not qualify as an originating good,therefore considering the certificate of origin as notvalid, and shall deny it preferential tariff treatmentrequest.
4. The customs authority of the importing Party shallsend shall send the questionnaires referred to in subparagraph 1(b),to 1(b), to the exporters or producers in the exporting Party, byany by any of the following means: (a) certified or registered mail with confirmation ofreceiptof receipt; (b) any other method that produces a confirmation ofreceipt of receipt by the exporter or producer; or (c) such other method that the Parties may agree. The customs authority of the importing Party shallimmediately communicate to the competent governmentalauthority of the exporting Party whenever it sends aquestionnaire referred to in subparagraph 1(b).
5. The provisions of paragraph 1 above shall not preventthe customs authority or the competent governmentalauthority, as the case may be, of the importing Party fromexercising its powers to take action in that Party, inrelation with the compliance with its domestic laws andregulations by its own importers, exporters or producers.
6. The exporter or producer who receives a questionnairepursuant to subparagraph 1(b) shall have 30 days from thedate of its receipt to answer such questionnaire and returnit.
7. Where the importing Party has received the answer tothe questionnaire referred to in subparagraph 1(b) withinthe period specified in paragraph 6 above, and considersthat it requires more information to determine whether thegood subject to the verification qualifies as anoriginating good, it may, through its customs authority,request additional information from the exporter orproducer, by means of a subsequent questionnaire, in whichcase, the exporter or producer shall have 30 days from thedate of its receipt to answer and return it. 8.
(a) If the response by the exporter or producer to any of the questionnaires referred to inparagraph 6 or 7 above does not containsufficient information to determine that the goodis originating, the customs authority of theimporting Party may determine that the goodsubject to the verification does not qualify asan originating good and may deny it preferentialtariff treatment, upon written determinationunder paragraph 22 below. (b) If the response to the questionnaire referred toin paragraph 6 above is not returned within theperiod specified therein, the customs authorityof the importing Party shall determine that thegood subject to the verification does not qualifyas an originating good, therefore considering thecertificate of origin as not valid, and shalldeny it preferential tariff treatment.or
Appears in 1 contract
Samples: Economic Partnership Agreement
Origin Verifications. 1. For the purposes of determining whether a goodimported good imported from the other Party under preferential tarifftreatment tariff treatment qualifies as an originating good, the importingParty importing Party may conduct a verification through its customsauthoritycustoms authority, by means of:
(a) request of information relating to the origin ofa of a good to the competent governmental authority ofthe of the exporting Party on the basis of a certificateof proof of origin; ;
(b) written questionnaires to an exporter or aproducer a producer of the good good, referred to in Article 43, in the other Party; ;
(c) request to the exporting Party to collectinformationcollect information, including that contained in thedocuments the documents maintained pursuant to Article 43, thatdemonstrate that demonstrate the compliance with Chapter 4 and tocheckto check, for that purpose, the facilities used inthe in the production of the good, through a visit byits by its competent governmental authority along withthe with the customs authority of the importing Party tothe to the premises of an exporter or a producer of thegood the good, referred to in Article 43, in the exporting Party, and to provide thecollected the collected information in the English language tothe to the customs authority of the importing Party; or or
(d) such other procedure as the Parties may agree.
2. Where the customs authority of the importing Party hasinitiated has initiated a verification in accordance with thisthis Article, the provisions of Annex 5 shall be applied as appropriate.
3. For the purposes of subparagraph 1(a), the competentgovernmental competent governmental authority of the exporting Party shall providethe provide the information requested, in a period not exceeding 4months6 months, after the date of the request. If the customs authority of the importing Partyconsiders Party considers necessary, it may require additional informationrelating information relating to the origin of the good. If additional information is requested by the customs authority of theimporting the importing Party, the competent governmental authority ofthe of the exporting Party shall provide the information requestedin requested in a period not exceeding 2 3 months after the date of therequestthe request. If the competent governmental authority of theexporting the exporting Party fails to respond to the request within theperiod the period specified therein, the customs authority of theimporting the importing Party shall determine that the good subject tothe to the verification does not qualify as an originating good,, therefore considering the certificate proof of origin as notvalidnot valid, and shall deny it preferential tariff treatment.
4. The customs authority of the importing Party shallsend shall send the questionnaires referred to in subparagraph 1(b),to 1(b), to the exporters or producers in the exporting Party, byany of in the following means: (a) certified or registered mail with confirmation ofreceipt; (b) any other method that produces a confirmation ofreceipt by manner specified in the exporter or producer; or (c) such other method that the Parties may agree. The customs authority of the importing Party shallimmediately communicate to the competent governmentalauthority of the exporting Party whenever it sends aquestionnaire Uniform Regulations referred to in subparagraph 1(b)Article 10.
5. The provisions of paragraph 1 above shall not preventthe prevent the customs authority or the competent governmentalauthoritygovernmental authority, as the case may be, of the importing Party fromexercising from exercising its powers to take action in that Party, inrelation in relation with the compliance with its domestic laws andregulations and regulations by its own importers, exporters exporters, or producers.
6. The exporter or producer who receives a questionnairepursuant questionnaire pursuant to subparagraph 1(b) shall have 30 45 days from thedate the date of its receipt to answer such questionnaire and returnitreturn it.
7. Where the importing Party has received the answer tothe to the questionnaire referred to in subparagraph 1(b) withinthe within the period specified in paragraph 6 above, and considersthat considers that it requires more information to determine whether thegood the good subject to the verification qualifies as anoriginating an originating good, it may, through its customs authority,, request additional information from the exporter orproduceror producer, by means of a subsequent questionnaire, in whichcasewhich case, the exporter or producer shall have 30 45 days from thedate the date of its receipt to answer and return it. 8.
(a) If the response by the exporter or producer to any of the questionnaires referred to inparagraph in paragraph 6 or 7 above does not containsufficient contain sufficient information to determine that the goodis good is originating, the customs authority of theimporting the importing Party may determine that the goodsubject good subject to the verification does not qualify asan as an originating good and may deny it preferentialtariff preferential tariff treatment, upon written determinationunder determination under paragraph 22 below. .
(b) If the response to the questionnaire referred toin to in paragraph 6 above is not returned within theperiod the period specified therein, the customs authorityof authority of the importing Party shall determine that thegood the good subject to the verification does not qualifyas qualify as an originating good, therefore considering thecertificate the proof of origin as not valid, and shalldeny shall deny it preferential tariff treatment.
9. The conducting of a verification in accordance with one of the methods set forth in paragraph 1 above shall not preclude the use of another verification method provided for in paragraph 1 above.
10. When requesting the exporting Party to conduct a visit pursuant to subparagraph 1(c), the importing Party shall deliver a written communication with such request to the exporting Party, the receipt of which is to be confirmed by the latter Party, at least 30 days in advance of the proposed date of the visit. The competent governmental authority of the exporting Party shall request the written consent of the exporter or producer whose premises are to be visited.
11. The communication referred to in paragraph 10 above shall include:
(a) the identity of the customs authority issuing the communication;
(b) the name of the exporter or producer whose premises are requested to be visited;
(c) the proposed date and place of the visit;
(d) the object and scope of the proposed visit, including specific reference to the good or goods subject of the verification referred to in the proof of origin; and
(e) the names and titles of the officials of the customs authority of the importing Party to be present during the visit.
12. Any modification to the information referred to in paragraph 11 above shall be notified in writing, prior to the proposed date of the visit referred to in subparagraph 11(c). If the proposed date referred to in subparagraph 11(c) is to be modified, this shall be notified in writing at least 10 days prior to the date of the visit.
13. The exporting Party shall respond in writing to the importing Party, within 20 days of the receipt of the communication referred to in paragraph 10 above, if it accepts or refuses to conduct a visit requested pursuant to subparagraph 1(c).
14. Where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 10 above within the period referred to in paragraph 13 above, the customs authority of the importing Party shall determine that the good or goods that would have been the subject of the visit do not qualify as originating goods, therefore considering the proof of origin as not valid, and shall deny them preferential tariff treatment.
15. The competent governmental authority of the exporting Party shall provide, within 45 days, or any other mutually agreed period, from the last day of the visit, to the customs authority of the importing Party the information obtained through the visit.
16. It is confirmed by both Parties that during the course of a verification referred to in paragraph 1 above, the customs authority of the importing Party may request information necessary for determining the origin of a material used in the production of the good.
17. For the purposes of obtaining information on the origin of the material used in the production of the good, the exporter or producer of the good referred to in paragraph 1 above may request a producer of the material to provide voluntarily the former with information relating to the origin of such material. In case the producer of such material desires, such information may be sent to the competent governmental authority of the exporting Party for the provision to the customs authority of the importing Party, without the involvement of the exporter or producer of the good.
18. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(a), the information shall be provided by the competent governmental authority of the exporting Party in accordance with paragraph 3 above. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(b), the information shall be provided by the exporter or producer of the good or the competent governmental authority of the exporting Party, as the case may be, in accordance with paragraph 6 or 7 above, as appropriate and mutatis mutandis, provided that in case the information is provided by the competent governmental authority, the 45 day period referred to in paragraph 6 or 7 above shall mean the period beginning on the date of the receipt of the questionnaire by that exporter or producer. Where the customs authority of the importing Party requests information relating to the origin of a material pursuant to paragraph 16 above, during the course of a verification in accordance with the method set forth in subparagraph 1(c), the information shall be provided by the competent governmental authority of the exporting Party in accordance with paragraph 15 above.
19. The requesting of information relating to the origin of a material pursuant to paragraph 16 above during the course of a verification in accordance with one of the methods set forth in paragraph 1 above shall not preclude the requesting of information relating to the origin of a material during the course of a verification in accordance with another verification method provided for in paragraph 1 above.
20. The customs authority of the importing Party shall determine that a material used in the production of the good is a non-originating material where the exporter or producer of the good or the competent governmental authority of the exporting Party, as the case may be, does not provide the information that demonstrates that the material in question qualifies as originating, or where the information provided is not sufficient to determine whether that material is originating. Such a determination shall not necessarily lead to a decision that the good itself is not originating.
21. Each Party shall, through its customs authority, conduct a verification of a regional value content requirement in accordance with the Generally Accepted Accounting Principles applied in the Party from which the good was exported.
22. After carrying out the verification procedures outlined in paragraph 1 above, the customs authority of the importing Party shall in the manner specified in the Uniform Regulations referred to in Article 10, provide the exporter or producer whose good is subject to the verification, a written determination of whether or not the good qualifies as an originating good under Chapter 4, including findings of fact and the legal basis for the determination.
23. Where the customs authority of the importing Party denies preferential tariff treatment to the good in question in the cases of paragraph 3, 8(b) or 14 above, a written determination thereof shall be sent to the exporter or producer, in the manner specified in the Uniform Regulations referred to in Article 10.
24. When the Party conducting a verification referred to in paragraph 1 above determines, based on the information obtained during the verification, that a good does not qualify as an originating good, and provides the exporter or producer with a written determination pursuant to paragraph 22 above, it shall grant the exporter or producer whose good was the subject of the verification, 30 days from the date of receipt of the written determination, to provide any comments or additional information before denying preferential tariff treatment to the good, and shall issue a final determination after taking into consideration any comments or additional information received from the exporter or producer during the above mentioned period, and shall send it to the exporter or producer in the manner specified in the Uniform Regulations referred to in Article 10.
25. Where the verification completed by the customs authority of the importing Party indicates that an exporter or a producer has repeatedly made false representations that a good imported into the Party qualifies as an originating good, the customs authority of 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 to that authority. In taking such an action, the customs authority of the importing Party shall notify the person who completed and signed the certificate of origin or produced an origin declaration and the competent governmental authority of the exporting Party.
26. Communications from the importing Party to an exporter or producer in the exporting Party as well as the response to the questionnaire referred to in subparagraph 1(b) to the importing Party shall be conducted in the English language.
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