Supporting Law/Regs

§ 10.214

19 CFR Ch. I (4–1–02 Edition)

shipment do not enter into the commerce of any non-beneficiary country
while en route to the United States and
the invoices, bills of lading, and other
shipping documents show the United
States as the final destination; or
(3) If the shipment is from any beneficiary country to the United States
through the territory of any non-beneficiary country, and the invoices and
other documents do not show the
United States as the final destination,
the articles in the shipment upon arrival in the United States are imported
directly only if they:
(i) Remained under the control of the
customs authority of the intermediate
country;
(ii) Did not enter into the commerce
of the intermediate country except for
the purpose of sale other than at retail,
and the port director is satisfied that
the importation results from the original commercial transaction between
the importer and the producer or the
producer’s sales agent; and
(iii) Were not subjected to operations
other than loading or unloading, and
other activities necessary to preserve
the articles in good condition.

§ 10.214

Certificate of Origin.

(a) General. A Certificate of Origin
must be employed to certify that a textile or apparel article being exported
from a beneficiary country to the
United States qualifies for the preferential treatment referred to in
§ 10.211. The Certificate of Origin must
be prepared by the exporter in the beneficiary country in the form specified
in paragraph (b) of this section. Where
the beneficiary country exporter is not
the producer of the article, that exporter may complete and sign a Certificate of Origin on the basis of:
(1) Its reasonable reliance on the producer’s written representation that the
article qualifies for preferential treatment; or
(2) A completed and signed Certificate of Origin for the article voluntarily provided to the exporter by the
producer.
(b) Form of Certificate. The Certificate
of Origin referred to in paragraph (a) of
this section must be in the following
format:

[T.D. 00–67, 65 FR 59676, Oct. 5, 2000; 65 FR
67260, Nov. 9, 2000]

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United States Customs Service, Treasury

(c) Preparation of Certificate. The following rules will apply for purposes of
completing the Certificate of Origin set
forth in paragraph (b) of this section:
(1) Blocks 1 through 5 pertain only to
the final article exported to the United
States for which preferential treatment may be claimed;
(2) Block 1 should state the legal
name and address (including country)
of the exporter;
(3) Block 2 should state the legal
name and address (including country)

§ 10.214

of the producer. If there is more than
one producer, attach a list stating the
legal name and address (including
country) of all additional producers. If
this information is confidential, it is
acceptable to state ‘‘available to Customs upon request’’ in block 2. If the
producer and the exporter are the
same, state ‘‘same’’ in block 2;
(4) Block 3 should state the legal
name and address (including country)
of the importer;

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ER05OC00.000

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§ 10.215

19 CFR Ch. I (4–1–02 Edition)

(5) Block 4 should provide a full description of each article. The description should be sufficient to relate it to
the invoice description and to the description of the article in the international Harmonized System. Include
the invoice number as shown on the
commercial invoice or, if the invoice
number is not known, include another
unique reference number such as the
shipping order number;
(6) In block 5, insert the letter that
designates the preference group which
applies to the article according to the
description contained in the CFR provision cited on the Certificate for that
group;
(7) Blocks 6 through 10 must be completed only when the block in question
calls for information that is relevant
to the preference group identified in
block 5;
(8) Block 6 should state the legal
name and address (including country)
of the fabric producer;
(9) Block 7 should state the legal
name and address (including country)
of the yarn producer;
(10) Block 8 should state the legal
name and address (including country)
of the thread producer;
(11) Block 9 should state the name of
the folklore article or should state that
the article is handloomed or handmade;
(12) Block 10, which should be completed only when preference group ‘‘H’’
is inserted in block 5, should state the
name of the fabric or yarn that is not
formed in the United States or a beneficiary country or that is not available
in commercial quantities in the United
States;
(13) Block 16a should reflect the date
on which the Certificate was completed
and signed;
(14) Block 16b should be completed if
the Certificate is intended to cover
multiple shipments of identical articles as described in block 4 that are imported into the United States during a
specified period of up to one year (see
§ 10.216(b)(4)(ii)). The ‘‘from’’ date is the
date on which the Certificate became
applicable to the article covered by the
blanket Certificate (this date may be
prior to the date reflected in block
16a). The ‘‘to’’ date is the date on
which the blanket period expires; and

(15) The Certificate may be printed
and reproduced locally. If more space is
needed to complete the Certificate, attach a continuation sheet.
§ 10.215 Filing of claim for preferential
treatment.
(a) Declaration. In connection with a
claim for preferential treatment for a
textile or apparel article described in
§ 10.213, the importer must make a
written declaration that the article
qualifies for that treatment. In the
case of an article described in
§ 10.213(a)(1), the written declaration
should be made by including on the
entry summary, or equivalent documentation, the symbol ‘‘D’’ as a prefix
to the subheading within Chapter 98 of
the HTSUS under which the article is
classified, and, in the case of any article described in § 10.213(a)(2) through
(a)(10), the inclusion on the entry summary, or equivalent documentation, of
the subheading within Chapter 98 of
the HTSUS under which the article is
classified will constitute the written
declaration. Except in any of the circumstances described in § 10.216(d)(1),
the declaration required under this
paragraph must be based on an original
Certificate of Origin that has been
completed and properly executed in accordance with § 10.214, that covers the
article being imported, and that is in
the possession of the importer.
(b) Corrected declaration. If, after
making the declaration required under
paragraph (a) of this section, the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information
that is not correct, the importer must
within 30 calendar days after the date
of discovery of the error make a corrected declaration and pay any duties
that may be due. A corrected declaration will be effected by submission of a
letter or other written statement to
the Customs port where the declaration was originally filed.
§ 10.216 Maintenance of records and
submission of Certificate by importer.
(a) Maintenance of records. Each importer claiming preferential treatment

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