[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR10.236]



[Page 204-205]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 10_ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC.

--Table of Contents

 

      Subpart E_United States-Caribbean Basin Trade Partnership Act

 

Sec.  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 Sec.  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 

Sec.  10.235(a) and any other relevant documents or other records as 

specified in Sec.  163.1(a) of this chapter.

    (b) Submission of Certificate. An importer who claims preferential 

tariff treatment on an article under Sec.  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 Customs 

under this paragraph:

    (1) Must be on Customs Form 450, including privately-printed copies 

of that Form, or, as an alternative to Customs Form 450, in an approved 

computerized format or other medium or format as is approved by the 

Office of Field Operations, U.S. Customs Service, Washington, DC 20229. 

An alternative format must contain the same information and 

certification set forth on Customs 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



[[Page 205]]



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

________________________________________________________________________

Name

________________________________________________________________________

Title

________________________________________________________________________

Address

________________________________________________________________________

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 Sec. Sec.  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 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.