Common use of Administrative Guidance Clause in Contracts

Administrative Guidance. 1. Each Party shall adopt or maintain an administrative procedure by which a customs office in its territory may request the appropriate authority of the customs administration to provide guidance as to the proper application of laws, regulations, and procedures for importation into, exportation from, or transit through its territory with respect to a specific customs transaction, regardless of whether the transaction is prospective, pending, or has been completed. 2. The appropriate authority of a Party shall provide guidance in response to a request under paragraph 1 if the customs treatment applied or proposed to be applied by the customs office to the transaction is inconsistent with the customs treatment provided with respect to transactions that are identical in all material respects, including by another customs office in the territory of the Party. 3. Each Party shall make available to the public on a free, publicly accessible website the guidance provided in response to a request under paragraph 2. 4. When a person with an interest in the transaction disagrees with the customs office submitting a request under paragraph 1, the Party shall allow the person an opportunity to submit additional documents and supporting information in writing to the appropriate authority of the customs administration before the authority issues its guidance. 5. The customs office shall take into account guidance in response to a request under paragraph 1 with respect to the transaction that is the subject of the request, provided that there is not a ruling or determination issued on the transaction and the facts and circumstances remain the same. 6. Nothing in this Article requires the customs administration to provide guidance on transactions for which a determination has been made, or for which a determination has been applied consistently throughout its territory; on transactions for which a determination is pending; if an importer or exporter has requested a ruling or has received a ruling that has been applied consistently throughout its territory; or on transactions for which a determination or ruling is being reviewed.

Administrative Guidance. 1. Each Party shall adopt or maintain an administrative procedure by which a customs office in its territory may request the appropriate authority of the customs administration to provide guidance as to the proper application of laws, regulations, and procedures for importation into, exportation from, or transit through its territory with respect to a specific customs transaction, regardless of whether the transaction is prospective, pending, or has been completed. 2. The appropriate authority of a Party shall provide guidance in response to a request under paragraph 1 if the customs treatment applied or proposed to be applied by the customs office to the transaction is inconsistent with the customs treatment provided with respect to transactions that are identical in all material respects, including by another customs office in the territory of the Party. 3. Each Party shall make available to the public on a free, publicly accessible website the guidance provided under paragraph 2 in response to a request under paragraph 2request. 4. When a person with an interest in the transaction disagrees with the customs office submitting a request under paragraph 1, the Party shall allow the person an opportunity to submit additional documents and supporting information in writing to the appropriate authority of the customs administration before the authority issues its guidance. 5. The customs office shall take into account guidance in response to a request under paragraph 1 with respect to the transaction that is the subject of the request, provided that there is not a ruling or determination issued on the transaction and the facts and circumstances remain the same. 6. Nothing in this Article requires the customs administration to provide guidance on transactions for which a determination has been made, or for which a determination has been applied consistently throughout its territory; on transactions for which a determination is pending; if an importer or exporter has requested a ruling or has received a ruling that has been applied consistently throughout its territory; or on transactions for which a determination or ruling is being reviewed.