19 Cfr 10.236

§ 10.235

19 CFR Ch. I (4–1–11 Edition)

not the producer of the article, that exporter may complete and sign a Certificate of Origin on the basis of:
(a) Its reasonable reliance on the producer’s written representation that the
article qualifies for preferential tariff
treatment; or
(b) A completed and signed Certificate of Origin for the article voluntarily provided to the exporter by the
producer.
§ 10.235 Filing of claim for preferential
tariff treatment.
(a) Declaration. In connection with a
claim for preferential tariff treatment
for an article described in § 10.233(a)(1)
through (5), the importer must make a
written declaration that the article
qualifies for that treatment. The written declaration should be made by including on the entry summary, or
equivalent documentation, the symbol
‘‘R’’ as a prefix to the subheading of the
HTSUS under which the article in
question is classified. Except in any of
the
circumstances
described
in
§ 10.236(d)(1), the declaration required
under this paragraph must be based on
a complete and properly executed
original Certificate of Origin 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.
§ 10.236 Maintenance of records and
submission of Certificate by importer.
(a) Maintenance of records. Each importer claiming preferential tariff
treatment for an article under § 10.235
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
§ 10.235(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 tariff
treatment
on
an
article
under
§ 10.235(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 CBP under this paragraph:
(1) Must be on CBP Form 450, including privately-printed copies of that
Form, or, as an alternative to CBP
Form 450, in an approved computerized
format or other medium or format as is
approved by the Office of International
Trade, U.S. Customs and Border Protection, Washington, DC 20229. An alternative format must contain the
same information and certification set
forth on CBP Form 450;
(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 period,
not to exceed 12 months, set out in the
Certificate by the exporter.
(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

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U.S. Customs and Border Protection, DHS; Treasury
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 tariff 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 tariff
treatment under the CBTPA.
Check One:
( ) Producer
( ) Exporter
( ) Importer
( ) Agent
llllllllllllllllllllllll
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
§§ 10.234
through 10.236, 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 tariff treatment. The importer will have 30 calendar days from

§ 10.237

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 tariff 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.
§ 10.237 Verification and justification
of claim for preferential tariff treatment.
(a) Verification by Customs. A claim
for preferential tariff treatment made
under § 10.235, including any statements
or other information contained on a
Certificate of Origin submitted to Customs under § 10.236, 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
tariff
treatment.
A
verification of a claim for preferential
tariff 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 in a CBTPA beneficiary country regarding the country of origin 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 in a CBTPA beneficiary
country 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 tariff
treatment under § 10.235, the importer:
(1) Must have records that explain
how the importer came to the conclusion that the article qualifies for preferential
tariff
treatment.
Those
records must include documents that

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