Common use of Determination of Origin Clause in Contracts

Determination of Origin. and Preferential Tariff Treatment 1. The customs authority of the importing Party may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party or where the importer fails to comply with any of the relevant requirements of this Chapter. 2. The competent governmental authority of the exporting Party shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs authority of the importing Party except where the certificate has been returned to the competent governmental authority. The customs authority of the importing Party may determine that the good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment where it receives the notification. 3. The customs authority of the importing Party may determine that a good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting Party: (a) where the competent governmental authority of the exporting Party fails to respond to the request within the period referred to in paragraph 2 of Article 43 or paragraph 5 of Article 44; (b) where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 2 of Article 44 within the period referred to in paragraph 4 of Article 44; or (c) where the information provided to the customs authority of the importing Party pursuant to Article 43 or 44, is not sufficient to prove that the good qualifies as an originating good of the exporting Party. 4. After carrying out the procedures outlined in Article 43 or 44 as the case may be, the customs authority of the importing Party shall provide the competent governmental authority of the exporting Party with a written determination of whether or not the good qualifies as an originating good of the exporting Party, including findings of fact and the legal basis for the determination. The competent governmental authority of the exporting Party shall inform such determination by the customs authority of the importing Party to the exporter, or the producer of the good in the exporting Party, whose premises were subject to the visit referred to in Article 44.

Determination of Origin. and Preferential Tariff Treatment 1. The customs authority of the importing Party may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party or where the importer fails to comply with any of the relevant requirements of this Chapter. 2. The competent governmental authority of the exporting Party shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs authority of the importing Party except where the certificate of origin has been returned to the competent governmental authorityauthority of the exporting Party. The customs authority of the importing Party may determine that the good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment where when it receives the notification. 3. The customs authority of the importing Party may determine that a good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting Party: (a) where the competent governmental authority of the exporting Party fails to respond to the request within the period referred to in paragraph 2 of Article 43 47 or paragraph 5 of Article 4448; (b) where the competent authority of the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 2 of Article 44 48 within the period referred to in paragraph 4 of Article 4448; or (c) where the information provided to the customs authority of the importing Party pursuant to Article 43 47 or 4448, is not sufficient to prove that the good qualifies as an originating good of the exporting Party. 4. After carrying out the procedures outlined in Article 43 47 or 44 48 as the case may be, the customs authority of the importing Party shall provide the competent governmental authority of the exporting Party with a written determination of whether or not the good qualifies as an originating good of the exporting Party, including findings of fact and the legal basis for the determination. The , within 45 days from the date of receipt of the information provided by the competent governmental authority of the exporting Party shall inform such determination by the customs authority of the importing Party pursuant to the exporter, or the producer of the good in the exporting Party, whose premises were subject to the visit referred to in Article 44.47 or

Determination of Origin. and Preferential Tariff Treatment 1. The customs relevant authority of the importing Party may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party or where the importer fails to comply with any of the relevant requirements of this Chapter. 2. The competent governmental authority of the exporting Party shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs relevant authority of the importing Party except where the certificate has been returned to the competent governmental authorityauthority of the exporting Party. The customs relevant authority of the importing Party may determine that the good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment where when it receives the notification. 3. The customs relevant authority of the importing Party may determine that a good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting Party: (a) where the competent governmental authority of requirements to provide the exporting Party fails to respond to the request information within the period referred to in paragraph 2 of Article 43 40 or paragraph 5 of Article 44; (b) where the exporting Party refuses to conduct a visit, 41 or that Party fails to respond to the communication referred to in paragraph 2 of Article 44 41 within the period referred to in paragraph 4 of Article 4441 are not met; (b) where the request referred to in subparagraph 1(a) of Article 41 is refused; or (c) where the information provided to the customs relevant authority of the importing Party pursuant to Article 43 40 or 4441, is not sufficient to prove that the good qualifies as an originating good of the exporting Party. 4. After carrying out the procedures outlined in Article 43 40 or 44 41 as the case may be, the customs relevant authority of the importing Party shall provide the competent governmental authority of the exporting Party with a written determination of whether or not the good qualifies as an originating good of the exporting Party, including findings of fact and the legal basis for the determination. The competent governmental authority of the exporting Party shall inform such determination by the customs relevant authority of the importing Party to the exporter, or the producer of the good in the exporting Party, whose premises were subject to of the visit referred to in Article 4441.

Determination of Origin. and Preferential Tariff Treatment 1. The customs relevant authority of the importing Party Country may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party Country or where the importer fails to comply with any of the relevant requirements of this Chapter. 2. The competent governmental authority of the exporting Party Country shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs relevant authority of the importing Party Country except where the certificate has been returned to the competent governmental authority. The customs relevant authority of the importing Party Country may determine that the good does not qualify as an originating good of the exporting Party Country and may deny preferential tariff treatment where when it receives the notification. 3. The customs relevant authority of the importing Party Country may determine that a good does not qualify as an originating good of the exporting Party Country and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting PartyCountry: (a) where the competent governmental authority of the exporting Party Country fails to respond to the request within the period referred to in paragraph 2 of Article 43 or paragraph 5 of Article 44; (b) where the exporting Party Country refuses to conduct a visit, or that Party Country fails to respond to the communication referred to in paragraph 2 of Article 44 within the period referred to in paragraph 4 of Article 44; or (c) where the information provided to the customs relevant authority of the importing Party Country pursuant to Article 43 or 44, is not sufficient to prove that the good qualifies as an originating good of the exporting PartyCountry. 4. After carrying out the procedures outlined in Article 43 or 44 as the case may be, the customs relevant authority of the importing Party Country shall provide the competent governmental authority of the exporting Party Country with a written determination of whether or not the good qualifies as an originating good of the exporting PartyCountry, including findings of fact and the legal basis for the determination. The competent governmental authority of the exporting Party Country shall inform such determination by the customs relevant authority of the importing Party Country to the exporter, or the producer of the good in the territory of the exporting PartyCountry, whose premises were subject to the visit referred to in Article 44.

Determination of Origin. and Preferential Tariff Treatment 1. The customs relevant authority of the importing Party Country may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party Country or where the importer fails to comply with any of the relevant requirements of this Chapter. 2. The competent governmental authority of the exporting Party Country shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs relevant authority of the importing Party Country except where the certificate has been returned to the competent governmental authority. The customs relevant authority of the importing Party Country may determine that the good does not qualify as an originating good of the exporting Party Country and may deny preferential tariff treatment where when it receives the notification. 3. The customs relevant authority of the importing Party Country may determine that a good does not qualify as an originating good of the exporting Party Country and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting PartyCountry: (a) where the competent governmental authority of the exporting Party Country fails to respond to the request within the period referred to in paragraph 2 of Article 43 or paragraph 5 of Article 44; (b) where the exporting Party Country refuses to conduct a visit, or that Party Country fails to respond to the communication referred to in paragraph 2 of Article 44 within the period referred to in paragraph 4 of Article 44; or (c) where the information provided to the customs relevant authority of the importing Party Country pursuant to Article 43 or 44, is not sufficient to prove that the good qualifies as an originating good of the exporting PartyCountry. 4. After carrying out the procedures outlined in Article 43 or 44 as the case may be, the customs authority of the importing Party shall provide the competent governmental authority of the exporting Party with a written determination of whether or not the good qualifies as an originating good of the exporting Party, including findings of fact and the legal basis for the determination. The competent governmental authority of the exporting Party shall inform such determination by the customs authority of the importing Party to the exporter, or the producer of the good in the exporting Party, whose premises were subject to the visit referred to in Article 44.

Determination of Origin. and Preferential Tariff Treatment 1. The customs competent authority of the importing Party may deny preferential tariff treatment to shall issue, within a good for which an importer claims preferential tariff treatment where period of no more than 365 days following the good does not qualify as an originating good date of notification of the exporting Party or where the importer fails to comply with any initiation of the relevant requirements verification procedure, a written determination of this Chapterorigin informing the producer or exporter whether or not the merchandise subject to verification qualifies as originating, which shall include the considerations of fact and legal grounds that justify such determination. Such determination of origin shall be notified by certified mail with acknowledgment of receipt or by any other means that confirms its receipt. 2. The competent governmental authority of the importing Party shall communicate to the competent authority of the exporting Party shall, when the determination of origin within 30 days of its issuance. In the event that the competent authority of the exporting Party deems it cancels the decision necessary to issue the certificate of origin, promptly notify the cancellation have additional information in relation to the exporter to whom origin verification procedure, it may request such information from the certificate competent authority of the importing Party, indicating the reason for such request. 3. If the competent authority of the importing Party does not issue a determination of origin has been issuedwithin the period mentioned in paragraph 1, the preferential tariff treatment shall be accepted and the measures adopted to guarantee the fiscal interest shall be lifted within a maximum period of 90 days following the importer's request for release of the measures to the customs authority of the importing Party, which may be extended for up to 30 additional days in duly substantiated exceptional cases. 4. If as a result of the verification of origin: a) If the originating status of the merchandise is recognized, the importing Party except where shall proceed to accept the certificate has been returned request for preferential tariff treatment and to lift the measures adopted to guarantee the fiscal interest within a maximum period of 90 days following the request for release of the measures by the importer to the competent governmental authority. The customs authority of the importing Party, which may be extended for up to 30 additional days in duly substantiated exceptional cases. b) If the originating status of the good is unknown, the importing Party shall deny the request for preferential tariff treatment and shall proceed to execute the measures it has adopted in order to guarantee the fiscal interest. In addition, the importing Party shall apply the penalties that may determine be applicable, in accordance with this Chapter and its domestic legislation. 5. The importing Party shall not apply a determination that a good is non- originating, made under paragraph 4(b), to an importation made before the date on which such determination takes effect, provided that: a) the importing Party has determined that the good does not qualify as originating according to the tariff classification or value applied by such Party to one or more materials used in the production of such good because they differ from the tariff classification or value applied to the materials on the basis of an originating advance ruling issued under Article 4.36 by the Party from whose territory the good has been exported; and b) the aforementioned advance ruling is prior to the notification of the exporting Party and may deny preferential tariff treatment where it receives the notificationdetermination. 3. The customs authority of the importing Party may determine that a good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting Party: (a) where the competent governmental authority of the exporting Party fails to respond to the request within the period referred to in paragraph 2 of Article 43 or paragraph 5 of Article 44; (b) where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in paragraph 2 of Article 44 within the period referred to in paragraph 4 of Article 44; or (c) where the information provided to the customs authority of the importing Party pursuant to Article 43 or 44, is not sufficient to prove that the good qualifies as an originating good of the exporting Party. 4. After carrying out the procedures outlined in Article 43 or 44 as the case may be, the customs authority of the importing Party shall provide the competent governmental authority of the exporting Party with a written determination of whether or not the good qualifies as an originating good of the exporting Party, including findings of fact and the legal basis for the determination. The competent governmental authority of the exporting Party shall inform such determination by the customs authority of the importing Party to the exporter, or the producer of the good in the exporting Party, whose premises were subject to the visit referred to in Article 44.