Australia - Peru FTA (2018) - Electronic Database of Investment Treaties (EDIT)

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Australia - Peru FTA (2018)

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(b) include the identity of the government authority issuing the request;

(c) state the reason for the request, including the specific issue the requesting Party seeks to resolve with the verification;

(d) include sufficient information to identify the good that is being verified;

(e) include a copy of relevant information submitted with the good, including the certificate of origin; and

(f) in the case of a verification visit, request the written consent of the exporter or producer whose premises are going to be visited, and state the proposed date and location for the visit and its specific purpose.

5. If the importing Party has initiated a verification in accordance with paragraph 1(b) or 1(c), it shall inform the importer of the initiation of the verification.

6. For a verification under paragraphs 1(a) through 1(c), the importing Party shall:

(a) ensure that a written request for information or for documentation to be reviewed during a verification visit, is limited to information and documentation to determine whether the good is originating;

(b) describe the information or documentation in sufficient detail to allow the importer, exporter or producer to identify the information and documentation necessary to respond;

(c) allow the importer, exporter or producer at least 45 days from the date of receipt of the written request for information under paragraph 1(a) or 1(b) to respond;

(d) allow the exporter or producer 30 days from the date of receipt of the written request for a visit under paragraph 1(c) to consent or refuse the request; and

(e) make a determination following a verification as expeditiously as possible and no later than 90 days after it receives the information necessary to make the determination, including, if applicable, any information received under paragraph 9, and no later than 365 days after the first request for information or other action under paragraph 1.

7. If the importing Party makes a verification request for information from an exporter or producer under paragraph 1(b), it shall inform the exporting Party. In addition, on request of the importing Party, the exporting Party may, as it deems appropriate and in accordance with its laws and regulations, assist with the verification. This assistance may include providing a contact point for the verification, collecting information from the exporter or producer on behalf of the importing Party, or other activities in order that the importing Party may make a determination as to whether the good is originating. The importing Party shall not deny a claim for preferential tariff treatment solely on the ground that the exporting Party did not provide requested assistance.

8. If the importing Party initiates a verification under paragraph 1(c), it shall, at the time of the request for the visit, inform the Party where the exporter or producer is located and provide the opportunity for the officials of the Party where the exporter or producer is located to accompany them during the visit.

9. Prior to issuing a written determination, the importing Party shall inform the importer and the exporter or producer that provided information directly to the importing Party, of the results of the verification and, if the importing Party intends to deny preferential tariff treatment, provide those persons a period of at least 30 days for the submission of additional information relating to the origin of the good.

10. The importing Party shall:

(a) provide the importer with a written determination of whether the good is originating that includes the basis for the determination; and

(b) provide the importer, exporter or producer that provided information during the verification or to the exporter or the producer that certified that the good was originating with the results of the verification and the reasons for that result.

11. During verification, the importing Party shall allow the release of the good, subject to payment of duties or provision of security as provided for in its law. If as a result of the verification the importing Party determines that the good is an originating good, it shall grant preferential tariff treatment to the good and refund any excess duties paid or release any security provided, unless the security also covers other obligations.

12. If verifications of identical goods by a Party indicate a pattern of conduct (3) by an importer, exporter or producer of false or unsupported representations, statements, declarations or certificates relevant to a claim that a good imported into its territory qualifies as an originating good, the Party may withhold preferential tariff treatment to identical goods imported, exported or produced by that person until that person demonstrates that the identical goods qualify as originating. For the purposes of this paragraph, "identical goods" means goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating.

13. For the purpose of a verification request, it is sufficient for a Party to rely on the contact information of an exporter, producer or importer in a Party provided in a certificate of origin.

(3) Pattern of conduct means a series of acts over a period of time, however short, evidencing a breach of the provisions of this Chapter.

Article 3.24. Determinations on Claims for Preferential Tariff Treatment

1. Except as otherwise provided in paragraph 2, each Party shall grant a claim for preferential tariff treatment made in accordance with this Chapter on or after the date of entry into force of this Agreement.

2. The importing Party may deny a claim for preferential tariff treatment if:

(a) it determines that the good does not qualify for preferential treatment;

(b) pursuant to a verification under Article 3.23, it has not received sufficient information to determine that the good qualifies as originating;

(c) the exporter, producer or importer fails to respond to a written request for information in accordance with Article 3.23;

(d) after receipt of a written notification for a verification visit, the exporter or producer does not provide its written consent in accordance with Article 3.23;

(e) the importer, exporter or producer fails to comply with the requirements of this Chapter; or

(f) the goods entered into home consumption of a Party before entry into force of the Agreement.

3. If the importing Party denies a claim for preferential tariff treatment, it shall issue a determination to the importer that includes the reasons for the determination.

4. A Party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice was issued in a non-Party, provided that the good covered by the certificate of origin corresponds to that described in any other documentation submitted to the importing Party.

Article 3.25. Refunds and Claims for Preferential Tariff Treatment after Importation

1. Each Party shall provide that an importer may apply for preferential tariff treatment and a refund of any excess duties paid for a good, provided that the good would have qualified for preferential tariff treatment when it was imported into the territory of the Party.

2. As a condition for preferential tariff treatment under paragraph 1, the importing Party may require that the importer:

(a) make aclaim for preferential tariff treatment;

(b) provide a statement that the good was originating at the time of importation;

(d) provide such other documentation relating to the importation of the good as the importing Party may require,

no later than one year after the date of importation or within a longer period if specified in the laws or regulations of the importing Party.

Article 3.26. Penalties

A Party may establish or maintain appropriate penalties for violations of its laws and regulations related to this Chapter.

Article 3.27. Confidentiality

Each Party shall maintain the confidentiality of the information collected in accordance with this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information.

ANNEX 3-A. Data requirements

A certificate of origin that is the basis for a claim for preferential tariff treatment under this Agreement shall include, at a minimum, the following elements:

1. Exporter, producer, or the authorised representative of the exporter or producer as certifier of the certificate of origin

Indicate whether the certifier is the exporter, producer, or both. In the case of an authorised representative, indicate whether the certificate has been completed on behalf of the exporter, producer, or both, in accordance with Article 3.17.

2. Certifier

Provide the certifier's name, address (including country), telephone number and e- mail address. The address of the certifier shall be in the exporting Party.

3. Exporter

Provide the exporter's name, address (including country), e-mail address and telephone number if different from the certifier. This information is not required if the producer is completing the certificate of origin and does not know the identity of the exporter. The address of the exporter shall be in the exporting Party.

4. Producer

Provide the producer's name, address (including country), e-mail address and telephone number, if different from the certifier or exporter or, if there are multiple producers, state "Various" or provide a list of producers. A person that wishes for this information to remain confidential may state "Available upon request by the importing authorities". The address of a producer shall be in the exporting Party.

5. Importer

Provide the importer's name, address (including country), e-mail address and telephone number. The address of the importer shall be in the importing Party.

6. Description and HS tariff classification of the good

Provide a description of the good and the HS tariff classification of the good to the 6-digit level. The description may include number and kinds of packages, marks and numbers on the packages, invoice number (s) and date (s), or sufficient details to identify the good.

If the certificate of origin covers a single shipment of a good, indicate the invoice number and date related to the exportation.

7. Origin criterion

Specify the rule of origin under which the good qualifies according to Article 3.2.

8. Blanket period

Indicate the period if the certificate of origin covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 3.17.3.

9. Authorised signature and date

If the exporter or producer is the certifier, the certificate of origin must be signed, dated and accompanied by the following statement:

I certify that the goods described in this document qualify as originating according to the Free Trade Agreement between Australia and Peru and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during verification, documentation necessary to support this certificate.

If the authorised representative is the certifier, the certificate of origin must be signed, dated and accompanied by the following statement:

I certify that the goods described in this document qualify as originating according to the Free Trade Agreement between Australia and Peru and the information contained in this document is true and accurate. The exporter or the producer, as the case may be, assumes responsibility for providing such representations and agrees to maintain and present upon request or to make available during verification, documentation necessary to support this certificate.

ANNEX 3-B. Product-specific rules of origin

Section A. General Interpretative Notes

For the purpose of interpreting the product-specific rules of origin in this Annex:

(a) the product-specific rule of origin that applies to a subheading is set out immediately adjacent to it;

(b) the product-specific rules of origin apply to goods in which production process non-originating materials have been used, as defined in Article 3.2 (c);

(i) CC means Change of Chapter (non-originating materials must be classified in a different chapter (2 digits) from the classification of the good);

(ii) CTH means Change of Heading (non-originating materials must be classified in a heading (4 digits) different from the classification of the good);

(iii) CTSH means Change of Subheading (non-originating materials must be classified in a different subheading (6 digits) from the classification of the good); and

(iv) RVC means Regional Value Content, as established in Article 3.4;

(d) in the case of Regional Value Content, when a specific percentage is included in the product-specific rule of origin, it may be calculated under the build-up or build-down method;

(e) where a product-specific rule of origin is defined by a criterion of change of tariff classification accompanied by the expression "except", it shall be construed to mean that the product-specific rule of origin requires that the excluded materials be originating for the good to be originating;

(f) if a good is subject to a product-specific rule of origin that includes multiple requirements, the good shall be originating only if it satisfies all of the requirements;

(g) section, chapter or heading notes, where applicable, are found at the beginning of the relevant section or at the beginning of each chapter, and are read in conjunction with the product-specific rule of origin and may impose further conditions on, or provide an alternative to, the product-specific rule of origin; and

(h) for the purposes of determining whether a good classified in Chapters 61 through 63 is originating under Article 3.2(c), a material classified in headings 51.06, 51.07, 51.11 or 51.12 shall be consider originating provided that the material contains 100 per cent by weight of merino wool and this wool is finer than 17 microns. When this subparagraph is applied, the good shall meet the relevant product-specific rule of origin and a regional value content of not less than 60 per cent.