Common use of Origin Verifications Clause in Contracts

Origin Verifications. 1. For purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, a Party may, through its customs administration, conduct a verification solely by means of:  a. written questionnaires to an exporter or a producer in the territory of the other Party;  b. visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to in Article E-05(a) and observe the facilities used in the production of the good; or  c. such other procedure as the Parties may agree. 2. Prior to conducting a verification visit pursuant to paragraph (1)(b), a Party shall, through its customs administration:  a. deliver a written notification of its intention to conduct the visit to o i. the exporter or producer whose premises are to be visited, o ii. the customs administration of the other Party, and o iii. if requested by the other Party, the embassy of the other Party in the territory of the Party proposing to conduct the visit; and  b. obtain the written consent of the exporter or producer whose premises are to be visited. 3. The notification referred to in paragraph 2 shall include:  a. the identity of the customs administration issuing the notification;  b. the name of the exporter or producer whose premises are to be visited;  c. the date and place of the proposed verification visit;  d. the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification;  e. the names and titles of the officials performing the verification visit; and  f. the legal authority for the verification visit. 4. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days of receipt of notification pursuant to paragraph 2, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 5. Each Party shall provide that, where its customs administration receives notification pursuant to paragraph 2, the customs administration may, within 15 days of receipt of the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. 6. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 5. 7. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that:  a. the observers do not participate in a manner other than as observers; and  b. the failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 8. Each Party shall, through its customs administration, where conducting a verification of origin involving a regional value content, de minimis calculation or any other provision in Chapter D (Rules of Origin) to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 9. The Party conducting a verification shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination.

Origin Verifications. 1. The importing Party may request information from the exporting Party on the origin of a good. 2. For purposes of determining whether a good imported into its territory from the territory of the other Party under preferential tariff treatment qualifies as an originating good, a Party may, through its customs administration, conduct a verification solely by means of:  a. (a) written questionnaires to an exporter exporters or a producer producers in the territory of the other Party;  b. (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to and documents accrediting compliance with the rules of origin in accordance with Article E-05(a5-06 (a) and observe the facilities used in the production of the goodmaterials; or  c. (c) such other procedure as the Parties may agree. 23. Prior to conducting a verification visit pursuant to paragraph (1)(b2)(b), a the importing Party shall, through its customs administration:  a. , deliver a written notification of its intention to conduct the visit to o i. visit. The notification shall be sent to the exporter or producer whose premises are to be visited, o ii. , to the customs administration of the other PartyParty in whose territory the visit is to be conducted and, and o iii. if requested by the other Partylatter, to the embassy of the other Party in the territory of the importing Party. The customs administration of the importing Party proposing to conduct the visit; and  b. shall obtain the written consent of the exporter or producer whose premises are to be visited. 34. The notification referred to in paragraph 2 3 shall include:  a. (a) the identity of the customs administration issuing the notification;  b. (b) the name of the exporter or producer whose premises are to be visited;  c. (c) the date and place of the proposed verification visit;  d. (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification;  e. (e) the names names, identification and titles of the officials performing the verification visit; and  f. (f) the legal authority for the verification visit. 45. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days of receipt of notification pursuant to paragraph 23, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 56. Each Party shall provide that, where its customs administration receives notification pursuant to paragraph 23, the customs administration may, within 15 days of receipt of the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. 67. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 56. 78. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that:  a. that the observers do not participate in a manner other than as observers; and  b. the . The failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 89. Each Party shall, through its customs administration, where conducting a verification of origin involving a regional value content, de minimis calculation or any other provision in Chapter D 4 (Rules of Origin) } to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 910. The Party conducting a After the verification visit, the customs administration shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination. 11. Where a verification by a Party establishes that an exporter or a producer has made a false or unsupported certification or declaration on more than one occasion that a good imported into its territory qualifies as an originating good, the importing Party may withhold preferential tariff treatment to identical goods exported or produced by such person until that person establishes compliance with Chapter 4 (Rules of Origin). 12. Each Party shall provide that where its customs administration determines that a good imported into its territory does not qualify as an originating good based on a tariff classification or a value applied by the Party to one or more materials used in the production of the good, which differs from the tariff classification or value applied to the materials by the Party from whose territory the good was exported, the importing Party's determination shall not become effective until it notifies in writing both the importer of the good and the person that completed and signed the Certificate of Origin for the good of its determination. 13. A Party shall not apply a determination made under paragraph 12 to an importation made before the effective date of the determination where: (a) the customs administration of the exporting Party has issued an advance ruling under Article 5-09 or any other ruling on the tariff classification or on the value of such materials, on which a person is entitled to rely; and (b) such rulings were given prior to notification of the verification of origin.

Origin Verifications. 1. The importing Party may request information from the exporting Party on the origin of a good. 2. For purposes of determining whether a good imported into its territory from the territory of the other Party under preferential tariff treatment qualifies as an originating good, a Party may, through its customs administration, conduct a verification solely by means of:  a. (a) written questionnaires to an exporter exporters or a producer producers in the territory of the other Party;  b. (b) visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to and documents accrediting compliance with the rules of origin in accordance with Article E-05(a5-06 (a) and observe the facilities used in the production of the goodmaterials; or  c. (c) such other procedure as the Parties may agree. 23. Prior to conducting a verification visit pursuant to paragraph (1)(b2)(b), a the importing Party shall, through its customs administration:  a. , deliver a written notification of its intention to conduct the visit to o i. visit. The notification shall be sent to the exporter or producer whose premises are to be visited, o ii. , to the customs administration of the other PartyParty in whose territory the visit is to be conducted and, and o iii. if requested by the other Partylatter, to the embassy of the other Party in the territory of the importing Party. The customs administration of the importing Party proposing to conduct the visit; and  b. shall obtain the written consent of the exporter or producer whose premises are to be visited. 34. The notification referred to in paragraph 2 3 shall include:  a. (a) the identity of the customs administration issuing the notification;  b. (b) the name of the exporter or producer whose premises are to be visited;  c. (c) the date and place of the proposed verification visit;  d. (d) the object and scope of the proposed verification visit, including specific reference to the good that is the subject of the verification;  e. (e) the names names, identification and titles of the officials performing the verification visit; and  f. (f) the legal authority for the verification visit. 45. Where an exporter or a producer has not given its written consent to a proposed verification visit within 30 days of receipt of notification pursuant to paragraph 23, the notifying Party may deny preferential tariff treatment to the good that would have been the subject of the visit. 56. Each Party shall provide that, where its customs administration receives notification pursuant to paragraph 23, the customs administration may, within 15 days of receipt of the notification, postpone the proposed verification visit for a period not exceeding 60 days from the date of such receipt, or for such longer period as the Parties may agree. 67. A Party shall not deny preferential tariff treatment to a good based solely on the postponement of a verification visit pursuant to paragraph 56. 78. Each Party shall permit an exporter or a producer whose good is the subject of a verification visit by the other Party to designate two observers to be present during the visit, provided that:  a. that the observers do not participate in a manner other than as observers; and  b. the . The failure of the exporter or producer to designate observers shall not result in the postponement of the visit. 89. Each Party shall, through its customs administration, where conducting a verification of origin involving a regional value content, de minimis calculation or any other provision in Chapter D 4 (Rules of Origin) to which Generally Accepted Accounting Principles may be relevant, apply such principles as are applicable in the territory of the Party from which the good was exported. 910. The Party conducting a After the verification visit, the customs administration shall provide the exporter or producer whose good is the subject of the verification with a written determination of whether the good qualifies as an originating good, including findings of fact and the legal basis for the determination. 11. Where a verification by a Party establishes that an exporter or a producer has made a false or unsupported certification or declaration on more than one occasion that a good imported into its territory qualifies as an originating good, the importing Party may withhold preferential tariff treatment to identical goods exported or produced by such person until that person establishes compliance with Chapter 4 (Rules of Origin). 12. Each Party shall provide that where its customs administration determines that a good imported into its territory does not qualify as an originating good based on a tariff classification or a value applied by the Party to one or more materials used in the production of the good, which differs from the tariff classification or value applied to the materials by the Party from whose territory the good was exported, the importing Party’s determination shall not become effective until it notifies in writing both the importer of the good and the person that completed and signed the Certificate of Origin for the good of its determination. 13. A Party shall not apply a determination made under paragraph 12 to an importation made before the effective date of the determination where: (a) the customs administration of the exporting Party has issued an advance ruling under Article 5-09 or any other ruling on the tariff classification or on the value of such materials, on which a person is entitled to rely; and (b) such rulings were given prior to notification of the verification of origin.