Common use of Obligations Regarding Importations Clause in Contracts

Obligations Regarding Importations. 1. Each Party shall require the importer claiming preferential tariff treatment for a good imported into its territory from the territory of the other Party to: (a) declare in writing in the importation document required by its legislation, based on a certificate of origin that a good qualifies as originating; (b) have the certificate of origin in his possession at the time the declaration is made; (c) provide, if requested by its customs authority, the certificate of origin or copies of it; and (d) promptly make a corrected declaration and pay any duties owed when the importer has reasons to believe that the certificate of origin on which a customs declaration was based contains incorrect information. When the importer presents a corrected declaration, the importer may not be sanctioned, as long as the customs authorities have not initiated their faculties of verification and control. 2. Each Party shall provide that, if an importer in its territory fails to comply with any requirement established in this Chapter, it may deny the preferential tariff treatment under this Agreement to a good imported from the territory of the other Party. 3. Each Party shall provide that, when the importer does not request for a preferential tariff treatment for goods imported into its territory that would have qualified as originating, the importer may, according to the legislation of each Party, request the return of the customs duties paid in excess for not having requested the preferential tariff treatment for that good, as long as the request is accompanied by: (a) a written declaration, indicating that the good qualifies as originating at the time of importation; (b) the certificate of origin or its copy; and (c) any other documentation related to the import of the good, as the customs authority of that Party may require.

Obligations Regarding Importations. 1. Each Party shall require the importer claiming preferential tariff treatment for a good imported into its territory from the territory of the other Party to: : (a) declare in writing in the importation document required by its legislation, based on a certificate of origin that a good qualifies as originating; ; (b) have the certificate of origin in his possession at the time the declaration is made; ; (c) provide, if requested by its customs authority, the certificate of origin or copies of it; and and (d) promptly make a corrected declaration and pay any duties owed when the importer has reasons to believe that the certificate of origin on which a customs declaration was based contains incorrect information. When the importer presents a corrected declaration, the importer may not be sanctioned, as long as the customs authorities have not initiated their faculties of verification and control. 2. Each Party shall provide that, if an importer in its territory fails to comply with any requirement established in this Chapter, it may deny the preferential tariff treatment under this Agreement to a good imported from the territory of the other Party. 3. Each Party shall provide that, when the importer does not request for a preferential tariff treatment for goods imported into its territory that would have qualified as originating, the importer may, according to the legislation of each Party, request the return of the customs duties paid in excess for not having requested the preferential tariff treatment for that good, as long as the request is accompanied by: : (a) a written declaration, indicating that the good qualifies as originating at the time of importation; ; (b) the certificate of origin or its copy; and and (c) any other documentation related to the import of the good, as the customs authority of that Party may require.