[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: 19CFR10.307]



[Page 233-234]

 

                        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 G_United States-Canada Free Trade Agreement

 

Sec.  10.307  Documentation.



    (a) Claims for a preference. A preference in accordance with the 

Agreement may be claimed by including on the entry summary, or 

equivalent documentation, the symbol ``CA'' as a prefix to the 

subheading of the HTSUS under which each eligible good is classified.

    (b) Failure to claim a preference. Failure to make a timely claim 

for a preference under the Agreement will result in liquidation at the 

rate which would otherwise be applicable.

    (c) Documentation showing origin. A claim for a preference under the 

Agreement shall be based on the Exporter's Certificate of Origin, 

properly completed and signed by the person who exports or knowingly 

causes the goods to be exported from Canada. The Exporter's Certificate 

of Origin must be available at the time the preference is claimed and 

shall be presented to the port director upon request.

    (d) Exporter's Certificate of Origin--(1) General. The Exporter's 

Certificate of Origin shall be prepared on Customs Form 353. In lieu of 

the Customs Form 353, the exporter may use an approved computerized 

format or such other format as is approved by the Headquarters, U.S. 

Customs Service, Office of Trade Operations, Washington, DC 20229. 

Alternative formats must contain the same information and certification 

set forth on Customs Form 353.

    (2) Blanket certifications. A blanket Exporter's Certificate of 

Origin, not to exceed a period of 12 months, issued for goods claimed as 

originating goods under the Agreement, can only be used if the 

certifying exporter is able to verify that the goods in each shipment to 

be covered by the blanket certification actually qualify for treatment 

under the Agreement. A blanket certification does not allow an exporter 

to average its costs over the blanket certification period in order to 

establish that the exported goods meet the criteria for originating 

goods under the Agreement. Under Sec.  10.308, the exporter must retain 

supporting records that will permit a review of the eligibility of the 

goods in each shipment covered by a blanket certification.

    (e) Exceptions to documentation requirements. Exceptions to the 

foregoing documentation requirements may be authorized at the discretion 

of the port director in the following circumstances:

    (1) Exception for informal entries. As set forth in paragraphs 

(e)(1) (i) and (ii) of this section, an Exporter's Certificate of Origin 

may be waived in connection with an entry entitled to informal entry 

procedures as authorized in Sec. Sec.  143.21 and 143.22 of this chapter 

if:

    (i) Commercial goods which qualify for informal entry. The invoice, 

or an appropriate Customs release document, for commercial goods which 

qualify both for informal entry and a preference must include the 

following statement, on the invoice or appropriate Customs document:



    I hereby certify that the goods described herein are eligible for a 

preference based upon the rules of origin enumerated in the



[[Page 234]]



United States-Canada Free-Trade Agreement.

    Check One:



( ) Manufacturer

( ) Supplier

( ) Exporter

________________________________________________________________________

Signature

________________________________________________________________________

Title

Date:___________________________________________________________________



    (ii) Noncommercial goods which qualify for informal entry. The 

importation of goods from Canada by a person for noncommercial use may 

be exempt from documentation requirements if the goods are legally 

marked ``Made in Canada'', or it can otherwise be shown that they are 

originating goods under the Agreement and there is no evidence to the 

contrary.

    (2) Waiver of evidence of direct shipment. The port director may 

waive the submission of evidence of direct shipment when otherwise 

satisfied, taking into consideration the kind and value of the goods, 

that the goods were, in fact, imported directly from Canada, and that 

they otherwise qualify for a preference in accordance with the 

Agreement.



[T.D. 89-3, 53 FR 51766, Dec. 23, 1988, as amended by T.D. 92-8, 57 FR 

2455, Jan. 22, 1992]