Denial of Preferential Tariff Treatment. The Customs Authority of the importing Party may deny a claim for preferential tariff treatment when:
(a) the good does not qualify as an originating good; or
(b) the importer, exporter or producer fails to comply with any of the relevant requirements of this Chapter.
Denial of Preferential Tariff Treatment. Except as otherwise provided in this Chapter, the importing Party may deny a claim for preferential tariff treatment or recover unpaid duties, where the good does not meet the requirements under this Chapter or Chapter Three (Rules of Origin).
Denial of Preferential Tariff Treatment. 1. Except as otherwise provided in this Chapter, the importing Party may deny claim for preferential tariff treatment, if:
(a) the goods do not meet the requirements of this Chapter;
(b) the importer, exporter or producer fails to comply with the relevant requirements of this Chapter;
(c) the Certificate of Origin does not meet the requirement of this Chapter; or
(d) in case stipulated in Article 3.20 (Verification of Origin).
Denial of Preferential Tariff Treatment. 1. Without prejudice to paragraph 3, the customs authority of the importing Party may deny preferential tariff treatment, if:
(a) within three months after the date of the request for information pursuant to paragraph 1 of Article 3.21:
(i) no reply is provided; or
(ii) if the claim for preferential tariff treatment was based on the importer's knowledge as referred to in subparagraph 2(b) of Article 3.16, the information provided is inadequate to confirm that the product is originating;
(b) within three months after the date of the request for information pursuant to paragraph 5 of Article 3.21:
(i) no reply is provided; or
(ii) the information provided is inadequate to confirm that the product is originating;
(c) within 10 months after the date of the request for information pursuant to paragraph 2 of Article 3.22:
(i) no reply is provided; or
(ii) the information provided is inadequate to confirm that the product is originating; or
(d) following a prior request for assistance pursuant to Article 3.23 and within a mutually agreed period, in respect of products which have been the subject of a claim as referred to in paragraph 1 of Article 3.16:
(i) the customs authority of the exporting Party fails to provide the assistance; or
(ii) the result of that assistance is inadequate to confirm that the product is originating.
2. The customs authority of the importing Party may deny preferential tariff treatment to a product for which an importer claims preferential tariff treatment where the importer fails to comply with requirements of this Chapter other than those relating to the originating status of the products.
3. If the customs authority of the importing Party has sufficient justification to deny preferential tariff treatment under paragraph 1, in cases where the customs authority of the exporting Party has provided an opinion pursuant to subparagraph 4(b) of Article
Denial of Preferential Tariff Treatment. 1. The customs authority of the importing Party may deny preferential tariff treatment where:
(a) the good does not meet the requirements of this Chapter; or
(b) the importer, exporter, or producer of the good fails or has failed to comply with any of the relevant requirements of this Chapter for obtaining preferential tariff treatment.
2. If the customs authority of the importing Party denies a claim for preferential tariff treatment, it shall provide the decision in writing to the importer that includes the reasons for the decision.
3. The customs authority of the importing Party may determine that a good does not qualify as an originating good and may deny preferential tariff treatment where:
(a) the customs authority of the importing Party has not received sufficient information to determine that the good is originating;
(b) the exporter, producer, or the competent authority of the exporting Party fails to respond to a written request for information in accordance with Article 3.24 (Verification); or
(c) the request for a verification visit in accordance with Article 3.24 (Verification) is refused.
Denial of Preferential Tariff Treatment. 1. The importing Party may deny preferential tariff treatment to a good for which an importer in its territory claims preferential tariff treatment where the good does not meet the requirements of Chapter 3 or where the importer fails to comply with any of the relevant requirements of Chapter 3.
2. Where the denial of preferential treatment is due to the signature that appears in the Certificate of Origin, the Importing Party may accept a clarification letter from the exporting Party confirming the authenticity of Certificate of Origin. Such clarification letter may be issued directly from the exporting Party to the importing Party or through the exporter of the good.
3. Export of consignments accompanied by an authentic Certificate of Origin will not be subjected to any detention or delays by the Customs Authorities of the importing country.
4. In case of reasonable doubt about the authenticity of a Certificate of Origin, the Customs Authority of the importing country may seek a clarification from the certifying agency of the exporting country which will furnish the same within a period of 30 days. Meanwhile, the subject consignment will be allowed entry into the importing country on a provisional basis against a bond or a guarantee i.e. a legally binding undertaking as may be required. After examining the information so provided by the certifying authority, the Customs Authority in the importing country would take appropriate action to finalise the provisional assessment.
5. Where the clarification carried on in paragraph 4 is not conclusive, the importing Party may, upon informing the exporting Party and with the knowledge of the importer concerned and with the consent of the exporter or manufacturer concerned, visit the exporter or manufacturer concerned for the purpose of verifying the preference claim. If no consent is given by the exporter or manufacturer concerned within a period of 45 days, the importing party may disallow the tariff preference for the particular Certificate of Origin.
Denial of Preferential Tariff Treatment. 1. A Party may deny preferential tariff treatment to a good when:
(a) the name of the relevant authorized body or any security features for relevant forms and documents used by that authorized body, or any change in the above information, has not been advised to the customs administration of the other Party;
(b) the importer, exporter, manufacturer or producer, as appropriate, fails to provide information which the Party has requested in the course of a verification process under Article 41, or the requested competent authority is unable for any reason to respond to the request to the satisfaction of the importing customs administration, within 6 months of the date of request; or
(c) the good does not or did not comply with the other requirements of this Chapter, including where:
(i) the Certificate of Origin has not been duly completed and signed;
(ii) the origin of the goods is not in conformity with Section 1;
(iii) the data provided under the Certificate of Origin does not correspond to those of the supporting documents submitted; or
(iv) the description, quantity and weight of goods, marks and number of packages, number and kinds of packages, as specified, do not conform to the goods imported.
2. In the event preferential tariff treatment is denied, the importing Party shall ensure that its customs administration provides in writing to the exporter, the importer or producer, as the case may be, the reasons for that decision.
Denial of Preferential Tariff Treatment. 1. Where the goods do not meet the requirements of this Chapter or where the importer or exporter of the goods fails to comply with the requirements of this Chapter, the customs authorities of the importing Party may deny preferential tariff treatment and recover unpaid customs duties in accordance with the respective domestic laws and regulations.
2. The customs authorities of the importing Party may deny preferential tariff treatment if:
a) the goods do not meet the requirements of this Chapter to be considered as originating in the exporting Party; and/or
b) other requirements of this Chapter are not met, including:
i. the requirements of Article 4.9 of this Agreement;
ii. the requirements of Article 4.10 of this Agreement;
iii. the submitted Certificate of Origin has not been duly completed as specified in Annex 5 to this Agreement;
c) the verification procedures undertaken under Articles 4.30 and 4.31 of this Agreement are unable to establish the origin of the goods or indicate the inconsistency of the origin criteria;
d) the verification authority of the exporting Party has confirmed that the Certificate of Origin had not been issued (i.e. forged) or had been annulled (withdrawn);
e) the customs authorities of the importing Party receive no reply within a maximum of six months after the date of a verification request made to the verification authority of the exporting Party, or if the response to the request does not contain sufficient information to conclude whether the goods originate in a Party; or
f) the customs authorities of the importing Party within 60 days from the date of dispatch of the notification, stipulated in paragraph 2 of Article
Denial of Preferential Tariff Treatment. Except as otherwise provided in this Chapter, the importing Party may deny a claim for preferential tariff treatment, if :
(a) the documentary evidence of origin does not meet the requirement of this Chapter;
(b) the compliance with Article 3.13 is not proven;
(c) it is proven based on the results of the origin verification in the exporting Party that the documentary evidence of origin is not authentic or not accurate;
(d) in a case according to paragraph 7 of Article 3.20; or
Denial of Preferential Tariff Treatment. 1. Export of consignments accompanied by an authentic Certificate of Origin will not be subjected to any detention or delays by the Customs Authorities of the importing country.
2. In case of reasonable doubt about the authenticity of Certificate of Origin, the Customs authority of the importing country may seek a clarification from the certifying authority of the exporting country, which will furnish the same within a period of 30 days. Meanwhile, the subject consignment will be allowed entry into the importing country on a provisional basis against a bond or a guarantee i.e. a legally binding undertaking as may be required. After examining the information so provided by the certifying authority, the Customs Authority in the importing country would take appropriate action to finalise the provisional assessment.
3. Where the clarification carried on in above paragraph 2 is not conclusive, the importing Party may, upon informing the exporting Party and with the knowledge of the importer concerned and with the consent of the exporter or manufacturer concerned, visit the exporter or manufacturer concerned for the purpose of verifying the preference claim. If no consent is given by the exporter or manufacturer concerned within a period of 45 days, the importing party may disallow the tariff preference for the particular Certificate of Origin. SECTION E : CONSULTATION AND MODIFICATIONS
