[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: 19CFR10.246]



[Page 213-214]

 

                        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 F_Andean Trade Promotion and Drug Eradication Act

 

Sec.  10.246  Maintenance of records and submission of Certificate by 

importer.



    (a) Maintenance of records. Each importer claiming preferential 

treatment for an article under Sec.  10.245 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 a copy of the Certificate of Origin referred to in Sec.  

10.245(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 

treatment on an apparel or other textile article under Sec.  10.245(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 through 

any electronic data interchange system authorized by Customs for that 

purpose;

    (2) If in writing, 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 Sec.  10.244(c)(14), ``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 ATPDEA.

    Check One:



( ) Producer

( ) Exporter



[[Page 214]]



( ) 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.  10.244 through 10.246, 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.