Common use of Obligations Relating to Importation Clause in Contracts

Obligations Relating to Importation. 1. Each Party shall grant any claim for preferential tariff treatment made in accordance with this Chapter, unless the Party possesses information indicating that the importer’s claim fails to comply with any requirement under this Chapter or Chapter Three (Textiles and Apparel). 2. To determine whether a good imported into its territory qualifies for preferential tariff treatment, the importing Party may verify the origin. 3. Where a Party denies a claim for preferential tariff treatment, it shall issue a written determination containing findings of fact and the legal basis for its determination. The Party shall issue the determination within a period established under its law. 4. Each Party shall provide that, where an originating good was imported into its territory but the importer of the good did not make a claim for preferential tariff treatment at the time of importation, that importer may, no later than one year after the date of importation, make a claim for preferential tariff treatment and apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment, on presentation of: (a) a written declaration that the good was originating at the time of importation; and (b) such other documentation and information relating to the importation of the good as the importing Party may require. 5. Nothing in this Article shall prevent a Party from taking action under Article 5.5 (Cooperation).

Obligations Relating to Importation. 1. Each Party shall grant any claim for preferential tariff treatment made in accordance with this Chapter, unless the Party possesses information indicating that the importer’s 's claim fails to comply with any requirement under this Chapter or Chapter Three (Textiles and Apparel). 2. To determine whether a good imported into its territory qualifies for preferential tariff treatment, the importing Party may verify the origin. 3. Where a Party denies a claim for preferential tariff treatment, it shall issue a written determination containing findings of fact and the legal basis for its determination. The Party shall issue the determination within a period established under its law. 4. Each Party shall provide that, where an originating good was imported into its territory but the importer of the good did not make a claim for preferential tariff treatment at the time of importation, that importer may, no later than one year after the date of importation, make a claim for preferential tariff treatment and apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment, on presentation of: (a) a written declaration that the good was originating at the time of importation; and (b) such other documentation and information relating to the importation of the good as the importing Party may require. 5. Nothing in this Article shall prevent a Party from taking action under Article 5.5 (Cooperation).