[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: 19CFR10.422]



[Page 240-241]

 

                        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 H_United States-Chile Free Trade Agreement

 

Sec.  10.422  Submission of certificate of eligibility.



    (a) Contents. An importer who claims preferential tariff treatment 

on a non-originating cotton or man-made fiber fabric or apparel good 

must submit, at the request of the port director, a certificate of 

eligibility containing information demonstrating that the good satisfies 

the requirements for entry under the applicable TPL, as set forth in 

Sec.  10.421. A certificate of eligibility submitted to CBP under this 

section:

    (1) Need not be in a prescribed format but must be in writing or 

must be transmitted electronically pursuant to any electronic means 

authorized by CBP for that purpose;

    (2) Must include the following information:



[[Page 241]]



    (i) The legal name, address, telephone and e-mail address of the 

importer of record of the good;

    (ii) The legal name, address, telephone and e-mail address of the 

exporter of the good (if different from the producer);

    (iii) The legal name, address, telephone and e-mail address of the 

producer of the good (if known);

    (iv) A description of the good, which must be sufficiently detailed 

to relate it to the invoice and the HS nomenclature;

    (v) The HTSUS tariff classification of the good, to six or more 

digits, as well as the applicable subheading in Chapter 99 of the HTSUS 

(9911.99.20 or 9911.99.40);

    (vi) For a single shipment, the commercial invoice number;

    (vii) For multiple shipments of identical goods, the blanket period 

in ``mm/dd/yyyy to mm/dd/yyyy'' format (12-month maximum); and

    (3) Must include a statement, in substantially the following form:



    ``I Certify that:

    The information on this document is true and accurate and I assume 

the responsibility for proving such representations. I understand that I 

am liable for any false statements or material omissions made on or in 

connection with this document;

    I agree to maintain and present upon request, documentation 

necessary to support this certificate, and to inform, in writing, all 

persons to whom the certificate was given of any changes that could 

affect the accuracy or validity of this certificate; and

    The goods were produced in the territory of one or more of the 

parties, and comply with the preference requirements specified for those 

goods in the United States-Chile Free Trade Agreement and Chapter 99, 

subchapter XI of the HTSUS. There has been no further production or any 

other operation outside the territories of the parties, other than 

unloading, reloading, or any other operation necessary to preserve it in 

good condition or to transport the good to the United States; and

    This document consists of ---- pages, including all attachments.''



    (b) Responsible official or agent. The certificate of eligibility 

required to be submitted under this section must be signed and dated by 

a responsible official of the importer or by the importer's authorized 

agent having knowledge of the relevant facts.

    (c) Language. The certificate of eligibility must be completed 

either in the English or Spanish language. If the certificate is 

completed in Spanish, the importer must also provide to the port 

director, upon request, a written English translation of the 

certificate;

    (d) Applicability of certificate of eligibility. A certificate of 

eligibility may be applicable to:

    (1) A single importation of a good 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

    (2) Multiple importations of identical goods into the United States 

that occur within a specified blanket period, not exceeding 12 months, 

set out in the certification. For purposes of this paragraph, 

``identical goods'' means goods that are the same in all respects 

relevant to the production that qualifies the goods for preferential 

tariff treatment under an applicable TPL.