Common use of Interpretation and Application Clause in Contracts

Interpretation and Application. For purposes of this Chapter: (a) the basis for tariff classification in this Chapter is the Harmonized System6; (b) where a good referred to by a tariff item number is described in parentheses following the tariff item number, the description is provided for purposes of reference only; (c) where applying Article D-01(d), the determination of whether a heading or subheading under the Harmonized System provides for and specifically describes both a good and its parts shall be made on the basis of the nomenclature of the heading or subheading and the relevant Section or Chapter Notes, in accordance with the General Rules for the Interpretation of the Harmonized System; (d) in applying the Customs Valuation Code under this Chapter (i) the principles of the Customs Valuation Code shall apply to domestic transactions, with such modifications as may be required by the circumstances, as would apply to international transactions, (ii) the provisions of this Chapter shall take precedence over the Customs Valuation Code to the extent of any difference, and (iii) the definitions in Article D-16 shall take precedence over the definitions in the Customs Valuation Code to the extent of any difference; and (e) all costs referred to in this Chapter shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.

Appears in 3 contracts

Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Interpretation and Application. For purposes of this Chapter: (a) the basis for tariff classification in this Chapter is the Harmonized System6; (b) where a good referred to by a tariff item number is described in parentheses following the tariff item number, the description is provided for purposes of reference only; (c) where applying Article D-01(d), the determination of whether a heading or subheading under the Harmonized System provides for and specifically describes both a good and its parts shall be made on the basis of the nomenclature of the heading or subheading and the relevant Section or Chapter Notes, in accordance with the General Rules for the Interpretation of the Harmonized System; (d) in applying the Customs Valuation Code under this Chapter (i) the principles of the Customs Valuation Code shall apply to domestic transactions, with such modifications as may be required by the circumstances, as would apply to international transactions, (ii) the provisions of this Chapter shall take precedence over the Customs Valuation Code to the extent of any difference, and (iii) the definitions in Article D-16 shall take precedence over the definitions in the Customs Valuation Code to the extent of any difference; and (e) all costs referred to in this Chapter shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.. Article D-14: 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 E. 2. 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 E.

Appears in 1 contract

Sources: Free Trade Agreement

Interpretation and Application. For purposes of this Chaptersection: (a1) the The basis for any tariff classification is the HTS. TITLE 19—CUSTOMS DUTIES (2) Except as otherwise expressly provided, whenever in this Chapter section there is a reference to a heading or subheading such reference shall be a reference to a heading or subheading of the Harmonized System6;HTS. (b3) where a good referred to by a tariff item number is described in parentheses following the tariff item number, the description is provided for purposes of reference only; In applying subsection (c) where applying Article D-01(da)(4), the determination deter- mination of whether a heading or subheading under the Harmonized System HTS provides for and specifically describes de- scribes both a good and its parts shall be made on the basis of the nomenclature of the heading head- ing or subheading and subheading, the relevant Section rules of interpretation, or Chapter Notes, in accordance with the General Rules for the Interpretation notes of the Harmonized System;HTS. (d4) in In applying the Customs Valuation Code under this ChapterCode— (iA) the principles of the Customs Valuation Valu- ation Code shall apply to domestic transactionstrans- actions, with such modifications as may be required by the circumstances, as would apply to international transactions,; (iiB) the provisions of this Chapter section shall take precedence over the Customs Valuation Code to the extent of any difference, ; and (iiiC) the definitions in Article D-16 subsection (p) shall take precedence over the definitions in the Customs Valuation Code to the extent of any difference; and. (e5) all All costs referred to in this Chapter section shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles Prin- ciples applicable in the territory of the Party NAFTA country in which the good is producedpro- duced.

Appears in 1 contract

Sources: Nafta Implementation

Interpretation and Application. For purposes of this Chapter: (a) the basis for tariff classification in this Chapter is the Harmonized System6;System (6), (b) where a good referred to by a tariff item number is described in parentheses following the tariff item number, the description is provided for purposes of reference only; (c) where applying Article D-01(d), the determination of whether a heading or subheading under the Harmonized System provides for and specifically describes both a good and its parts shall be made on the basis of the nomenclature of the heading or subheading and the relevant Section or Chapter Notes, in accordance with the General Rules for the Interpretation of the Harmonized System;, (d) in applying the Customs Valuation Code under this Chapter (i) the principles of the Customs Valuation Code shall apply to domestic transactions, with such modifications as may be required by the circumstances, as would apply to international transactions, (ii) the provisions of this Chapter shall take precedence over the Customs Valuation Code to the extent of any difference, and (iii) the definitions in Article D-16 shall take precedence over the definitions in the Customs Valuation Code to the extent of any difference; and (e) all costs referred to in this Chapter shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.

Appears in 1 contract

Sources: Free Trade Agreement