19 Cfr 10.216

§ 10.216

19 CFR Ch. I (4–1–14 Edition)

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.
[T.D. 00–67, 65 FR 59676, Oct. 5, 2000, as
amended by T.D. 03–15, 68 FR 13827, Mar. 21,
2003]

§ 10.216 Maintenance of records and
submission of Certificate by importer.
(a) Maintenance of records. Each importer claiming preferential treatment
for an article under § 10.215 must maintain in the United States, in accordance with the provisions of part 163 of
this chapter, all records relating to the
importation of the article. Those
records must include the original Certificate of Origin referred to in
§ 10.215(a) and any other relevant documents or other records as specified in
§ 163.1(a) of this chapter.
(b) Submission of Certificate. An importer who claims preferential treatment on a textile or apparel article
under § 10.215(a) must provide, at the
request of the port director, a copy of
the Certificate of Origin pertaining to
the article. A Certificate of Origin submitted to Customs under this paragraph:
(1) Must be in writing or must be
transmitted electronically pursuant to
any electronic data interchange system
authorized by Customs for that purpose;
(2) Must be signed by the exporter or
by the exporter’s authorized agent having knowledge of the relevant facts;
(3) Must be completed either in the
English language or in the language of
the country from which the article is
exported. If the Certificate is completed in a language other than
English, the importer must provide to
Customs upon request a written
English translation of the Certificate;
and
(4) May be applicable to:
(i) A single importation of an article
into the United States, including a single shipment that results in the filing
of one or more entries and a series of
shipments that results in the filing of
one entry; or

(ii) Multiple importations of identical articles into the United States
that occur within a specified blanket
period, not to exceed 12 months, set out
in the Certificate by the exporter. For
purposes
of
this
paragraph
and
§ 10.214(c)(15),
‘‘identical
articles’’
means articles that are the same in all
material respects, including physical
characteristics, quality, and reputation.
(c) Correction and nonacceptance of
Certificate. If the port director determines that a Certificate of Origin is illegible or defective or has not been
completed in accordance with paragraph (b) of this section, the importer
will be given a period of not less than
five working days to submit a corrected Certificate. A Certificate will
not be accepted in connection with subsequent importations during a period
referred to in paragraph (b)(4)(ii) of
this section if the port director determined that a previously imported identical article covered by the Certificate
did not qualify for preferential treatment.
(d) Certificate not required—(1) General. Except as otherwise provided in
paragraph (d)(2) of this section, an importer is not required to have a Certificate of Origin in his possession for:
(i) An importation of an article for
which the port director has in writing
waived the requirement for a Certificate of Origin because the port director
is otherwise satisfied that the article
qualifies for preferential treatment;
(ii) A non-commercial importation of
an article; or
(iii) A commercial importation of an
article whose value does not exceed
US$2,500, provided that, unless waived
by the port director, the producer, exporter, importer or authorized agent
includes on, or attaches to, the invoice
or other document accompanying the
shipment the following signed statement:
I hereby certify that the article covered by
this shipment qualifies for preferential
treatment under the AGOA.
Check One:
( ) Producer
( ) Exporter
( ) Importer
( ) Agent
llllllllllllllllllllllll

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U.S. Customs and Border Protection, DHS; Treasury
Name
llllllllllllllllllllllll
Title
llllllllllllllllllllllll
Address
llllllllllllllllllllllll
Signature and Date

(2) Exception. If the port director determines that an importation described
in paragraph (d)(1) of this section forms
part of a series of importations that
may reasonably be considered to have
been undertaken or arranged for the
purpose of avoiding a Certificate of Origin
requirement
under
§§ 10.214
through 10.216, the port director will
notify the importer in writing that for
that importation the importer must
have in his possession a valid Certificate of Origin to support the claim for
preferential treatment. The importer
will have 30 calendar days from the
date of the written notice to obtain a
valid Certificate of Origin, and a failure to timely obtain the Certificate of
Origin will result in denial of the claim
for preferential treatment. For purposes of this paragraph, a ‘‘series of importations’’ means two or more entries
covering articles arriving on the same
day from the same exporter and consigned to the same person.
[T.D. 00–67, 65 FR 59676, Oct. 5, 2000, as
amended by T.D. 03–15, 68 FR 13827, Mar. 21,
2003]

§ 10.217 Verification and justification
of claim for preferential treatment.
(a) Verification by Customs. A claim
for preferential treatment made under
§ 10.215, including any statements or
other information contained on a Certificate of Origin submitted to Customs
under § 10.216, will be subject to whatever verification the port director
deems necessary. In the event that the
port director for any reason is prevented from verifying the claim, the
port director may deny the claim for
preferential treatment. A verification
of a claim for preferential treatment
may involve, but need not be limited
to, a review of:
(1) All records required to be made,
kept, and made available to Customs
by the importer or any other person
under part 163 of this chapter;
(2) Documentation and other information regarding the country of origin

§ 10.217

of an article and its constituent materials, including, but not limited to,
production records, information relating to the place of production, the
number and identification of the types
of machinery used in production, and
the number of workers employed in
production; and
(3) Evidence to document the use of
U.S. materials in the production of the
article in question, such as purchase
orders, invoices, bills of lading and
other shipping documents, and customs
import and clearance documents.
(b) Importer requirements. In order to
make a claim for preferential treatment under § 10.215, the importer:
(1) Must have records that explain
how the importer came to the conclusion that the textile or apparel article
qualifies for preferential treatment.
Those records must include documents
that support a claim that the article in
question qualifies for preferential
treatment because it is specifically described in one of the provisions under
§ 10.213(a). If the importer is claiming
that the article incorporates fabric or
yarn that originated or was wholly
formed in the United States, the importer must have records that identify
the U.S. producer of the fabric or yarn.
A properly completed Certificate of Origin in the form set forth in § 10.214(b)
is a record that would serve these purposes;
(2) Must establish and implement internal controls which provide for the
periodic review of the accuracy of the
Certificate of Origin or other records
referred to in paragraph (b)(1) of this
section;
(3) Must have shipping papers that
show how the article moved from the
beneficiary country to the United
States. If the imported article was
shipped through a country other than a
beneficiary country and the invoices
and other documents from the beneficiary country do not show the United
States as the final destination, the importer also must have documentation
that demonstrates that the conditions
set forth in § 10.213(c)(3) (i) through (iii)
were met; and
(4) Must be prepared to explain, upon
request from Customs, how the records
and internal controls referred to in
paragraphs (b)(1) through (b)(3) of this

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