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ARTICLES

LEGAL RESOURSES

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    • Article 513. Working Group and Customs Subgroup

    1. The Parties hereby establish a Working Group on Rules of Origin, comprising representatives of each Party, to ensure:

  • The effective implementation and administration of Articles 303 (TLCAN: Art. 303) (Restriction on Drawback and Duty Deferral Programs), 308 (TLCAN: Art. 308) (Most-Favored-Nation Rates of Duty on Certain Goods) and 311 (TLCAN: Art. 311), Chapter Four, this Chapter, the Marking Rules and the Uniform Regulations; and

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  • The effective administration of the customs related aspects of Chapter Three.

    • 2. The Working Group shall meet at least four times each year and on the request of any Party.

    3. The Working Group shall:

  • Monitor the implementation and administration by the customs administrations of the Parties of Articles 303 (TLCAN: Art. 303), 308 (TLCAN: Art. 308) and 311 (TLCAN: Art. 311), Chapter Four, this Chapter, the Marking Rules and the Uniform Regulations to ensure their uniform interpretation;

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  • Endeavor to agree, on the request of any Party, on any proposed modification of or addition to Article 303 (TLCAN: Art. 303), 308 (TLCAN: Art. 308) or 311 (TLCAN: Art. 311), Chapter Four, this Chapter, the Marking Rules or the Uniform Regulations;

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  • Notify the Commission of any agreed modification of or addition to the Uniform Regulations;

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  • Propose to the Commission any modification of or addition to Article 303 (TLCAN: Art. 303), 308 (TLCAN: Art. 308) or 311 (TLCAN: Art. 311), Chapter Four, this Chapter, the Marking Rules, the Uniform Regulations or any other provision of this Agreement as may be required to conform with any change to the Harmonized System; and

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  • Consider any other matter referred to it by a Party or by the Customs Subgroup established under paragraph 6.

    • 4. Each Party shall, to the greatest extent practicable, take all necessary measures to implement any modification of or addition to this Agreement within 180 days of the date on which the Commission agrees on the modification or addition.

    5. If the Working Group fails to resolve a matter referred to it pursuant to paragraph 3(e) within 30 days of such referral, any Party may request a meeting of the Commission under Article 2007 (TLCAN: Art. 2007) (Commission Good Offices, Conciliation and Mediation).

    6. The Working Group shall establish, and monitor the work of, a Customs Subgroup, comprising representatives of each Party. The Subgroup shall meet at least four times each year and on the request of any Party and shall:

  • Endeavor to agree on
  • The uniform interpretation, application and administration of Articles 303 (TLCAN: Art. 303), 308 (TLCAN: Art. 308) or 311 (TLCAN: Art. 311), Chapter Four, this Chapter, the Marking Rules and the Uniform Regulations,

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  • Tariff classification and valuation matters relating to determinations of origin,

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  • Equivalent procedures and criteria for the request, approval, modification, revocation and implementation of advance rulings,

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  • Revisions to the Certificate of Origin,

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  • Any other matter referred to it by a Party, the Working Group or the Committee on Trade in Goods established under Article 316 (TLCAN: Art. 316), and

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  • Any other customs-related matter arising under this Agreement;

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  • Consider

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  • The harmonization of customs-related automation requirements and documentation, and

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  • Proposed customs-related administrative and operational changes that may affect the flow of trade between the Parties' territories;

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  • Report periodically to the Working Group and notify it of any agreement reached under this paragraph; and

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  • Refer to the Working Group any matter on which it has been unable to reach agreement within 60 days of referral of the matter to it pursuant to subparagraph (a)(v).

    • 7. Nothing in this Chapter shall be construed to prevent a Party from issuing a determination of origin or an advance ruling relating to a matter under consideration by the Working Group or the Customs Subgroup or from taking such other action as it considers necessary, pending a resolution of the matter under this Agreement.