Consultation and Modifications Clause Samples

Consultation and Modifications. 1. The Parties shall consult and cooperate to ensure that this Chapter is applied in an effective and uniform manner. 2. The Parties shall consult regularly to discuss necessary amendments to this Chapter and its Annexes, taking into account developments in technology, production processes, and other related matters, pursuant to Article 20.3 (Consultations). 3. Within six months after entry into force of this Agreement, the Parties shall meet: (a) to consider possible modifications to Annex 3A, including an assessment of the operation and use of the RVC; (b) the addition of products to Annex 3B; and (c) to review and consider possible modifications to Annex 3C. (a) On the request of either Party, the Parties shall consult: (i) to consider whether the rules of origin applicable to particular textile or apparel goods under this Chapter should be revised to address availability of supply of fibers, yarns or fabrics in the territories of the Parties; or (ii) to review the rules of origin applicable to particular textile or apparel goods in light of (A) the effects of increasing global competition, (B) the termination of the WTO Agreement on Textiles and Clothing and the full integration of the textile and apparel sector into GATT 1994, and (C) eventual harmonization of rules of origin pursuant to Part IV of the WTO Agreement on Rules of Origin. (b) In the consultations referred to in subparagraph (a)(i), each Party shall consider all data presented by the other Party showing substantial production in its territory of a particular fiber, yarn or fabric. The Parties shall consider that substantial production has been shown if a Party demonstrates that its domestic producers are capable of supplying commercial quantities of the fiber, yarn or fabric in a timely manner. (c) The Parties shall endeavor to conclude consultations under subparagraph (a)(i) within 60 days of receipt of a request by one Party from the other Party. An amended rule of origin agreed to by the Parties shall supersede any prior rule of origin under this Agreement for the textile or apparel goods at issue, on approval by the Parties in accordance with Article 21.8 (Amendments). (d) In consultations under subparagraph (a)(ii), the Parties shall give particular consideration to operative rules in other economic association or integration agreements and developments relating to textile and apparel production and trade.

Consultation and Modifications. 1. The Parties shall consult regularly to ensure that this Chapter is administered effectively, uniformly and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter in accordance with Chapter V (Customs Procedures). 2. Should problems arise between the Parties concerning the interpretation of the provisions of this Chapter, the Parties agree to consult with each other on the establishment and implementation, through their respective laws or regulations, of Uniform Regulations regarding the interpretation, application and administration of this Chapter. 3. A Party that considers that this Chapter requires modification to take into account developments in production processes or other matters may submit a proposed modification along with supporting rationale and any studies to the other Party for consideration and any appropriate action under Chapter III (National Treatment and Market Access of Goods).

Consultation and Modifications. 1. The Parties shall consult and cooperate to ensure that this Chapter is applied in an effective and uniform manner, in accordance with the spirit and the objectives of this Agreement. 2. In the event of any change to the coverage of goods in Section (ii) of Annex 2D (List of Goods Subject to 30% Threshold) which significantly affects a Party’s principal manufacturer, producer or exporter, the Parties shall enter into consultations on the possibility of including the goods in question into Section (i) of Annex 2D (List of Goods Subject to 30% Threshold).

Consultation and Modifications. 1. The Parties shall consult and cooperate to ensure that this Chapter is applied in an effective and uniform manner. Unless the Parties otherwise agree, the Parties shall consult within six months of the date of entry into force of this Agreement regarding the implementation and application of this Chapter. 2. The Parties shall consult regularly pursuant to Article 21.5 (Consultations) to discuss necessary amendments to this Chapter and its Annexes, taking into account developments in technology, production processes, and other related matters.

Consultation and Modifications. The Parties shall consult and cooperate as appropriate through the Joint Committee to: (a) ensure that this Chapter is applied in an effective and uniform manner; and (b) discuss necessary amendments to this Chapter, taking into account developments in technology, production processes, and other related matters.

Consultation and Modifications. 1. The Parties shall consult regularly to ensure that this Chapter is administered effectively, uniformly, and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter. 2. A Party that considers that a specific rule of origin set out in Annex 4.1 requires modification to take into account developments in production processes, lack of supply of originating materials, or other relevant factors may submit a proposed modification along with supporting rationale and any studies to the Commission for consideration. 3. On submission by a Party of a proposed modification under paragraph 2, the Commission may refer the matter to an ad hoc working group within 60 days or on such other date as the Commission may decide. The working group shall meet to consider the proposed modification within 60 days of the date of referral or on such other date as the Commission may decide. 4. Within such period as the Commission may direct, the working group shall provide a report to the Commission, setting out its conclusions and recommendations, if any. 5. On receipt of the report, the Commission may take appropriate action under Article 19.1.3(b) (The Free Trade Commission). 6. With respect to a textile or apparel good, paragraphs 1 through 3 of Article 3.25 (Rules of Origin and Related Matters) apply in place of paragraphs 2 through 5.

Consultation and Modifications. 1. The Parties create a Working Group on Rules of Origin, composed of representatives of each Party, which shall meet at least twice a year, as well as at the request of any Party. 2. It will be the responsibility of the Working Group: a) to ensure the effective implementation and administration of this chapter; b) to reach agreements on the interpretation, application and administration of this chapter; and c) to attend to any other matter agreed upon by the Parties. 3. The Parties shall consult regularly to ensure that this Chapter is implemented effectively, uniformly and in accordance with the spirit and objectives of this Agreement and shall cooperate in the implementation of this Chapter. 4. Any Party that considers that this chapter requires modification due to changes in the development of the productive processes or other matters, may submit to the Working Group for its consideration a proposal for modification and the reasons and studies that support it. The Working Group shall submit a report to the Commission so that it may make the pertinent recommendations to the Parties. 5. The Parties listed in the annex to this article may consult through the Working Group on Rules of Origin in accordance with the provisions of that annex.

Consultation and Modifications. 1. The Parties hereby establish a Committee on Rules of Origin and Customs Procedures, comprising representatives of each Party, which shall meet on the request of either Party. 2. The Committee shall: (a) ensure the effective implementation and administration of this Chapter and Chapter IV (Customs Procedures); (b) agree on the interpretation, application and administration of this Chapter and Chapter IV(Customs Procedures); (c) endeavor to agree on: (i) tariff classification and customs valuation matters relating to determinations of origin; (ii) equivalent procedures and criteria for the request, approval, issuing, modification, revocation and implementation of advance rulings; or (iii) review the Certificate of Origin or the Declaration of Origin set out in Article 4-02 (d) consider the proposed customs-related administrative and operational modifications that may affect the flow of trade between the Parties; (e) revise Article 4-05; (f) propose to the Commission any modification or addition to Annex 3-03 (Specific Rules of Origin); (g) propose to the Commission the implementation of the Uniform Procedures established in accordance with Article 4-12, as well as any modification or addition to them; and (h) consider any other matter as the Parties may agree related to this Chapter and Chapter IV (Customs Procedures). 3. The Parties will consult regularly and shall cooperate to ensure that this Chapter and Chapter IV (Customs Procedures) are applied in an effective and uniform manner, in accordance with the spirit and the objectives of this Agreement.

Consultation and Modifications. The Parties shall consult and cooperate through the Subcommittee on Rules of Origin as appropriate to: (a) ensure that this Chapter is applied in an effective and uniform manner; and (b) discuss necessary amendments to this Chapter, taking into account developments in technology, production processes, and other related matters.