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ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 17.14

    • Article 502. Obligations Regarding Importations

    1. Except as otherwise provided in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of another Party to:

  • Make a written declaration, based on a valid Certificate of Origin, that the good qualifies as an originating good;

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  • Have the Certificate in its possession at the time the declaration is made;

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  • Provide, on the request of that Party's customs administration, a copy of the Certificate; and

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  • Promptly make a corrected declaration and pay any duties owing where the importer has reason to believe that a Certificate on which a declaration was based contains information that is not correct.

    • 2. Each Party shall provide that, where an importer in its territory claims preferential tariff treatment for a good imported into its territory from the territory of another Party:

  • The Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and

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  • The importer shall not be subject to penalties for the making of an incorrect declaration, if it voluntarily makes a corrected declaration pursuant to paragraph 1(d).

    • 3. Each Party shall provide that, where a good would have qualified as an originating good when it was imported into the territory of that Party but no claim for preferential tariff treatment was made at that time, the importer of the good may, no later than one year after the date on which the good was imported, 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 written declaration that the good qualified as an originating good at the time of importation;

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  • A copy of the Certificate of Origin; and

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  • Such other documentation relating to the importation of the good as that Party may require.