1. Spare parts, accessories or tools delivered with the good as a normal part thereof shall not be taken into account in determining whether all the non-originating materials used in the production of the good satisfy the applicable change in tariff classification set out in annex 4.1 (specific rules of origin), provided that:
(a) Spare parts, accessories or tools are classified with and not invoiced separately; and
(b) The quantity and value of the spare parts, accessories or tools are customary for the good.
2. For those spare parts, accessories or tools that do not meet the conditions mentioned above shall apply to each of them under this chapter.
3. If the good is subject to a regional value content requirement, accessories, spare parts or tools shall be considered as originating or non-originating materials as the case may be in calculating the regional value content of the good.
Article 4.9. Packages and Packing Materials for Retail Sale
1. Where the packaging materials and containers in which a good is submitted for retail sale are classified in the Harmonized System as containing goods, shall not be taken into account in determining whether all the non-originating materials used in the production of the good complies with the
Corresponding change in tariff classification set out in annex 4.1 (specific rules of origin).
2. If the good is subject to a regional value content requirement, the value of such packaging materials and containers shall be taken into account as originating or non-originating material as the case may be in calculating the regional value content of the good.
Article 4.10. Packing Materials and Containers for Shipment
Packing materials and containers in which the good is empacada exclusively for transport, shall not be taken into account in determining whether the originating is good.
Article 4.11. Indirect Materials
Indirect materials shall be treated as originating materials regardless of their production.
Article 4.12. Transit and Trans-shipment
Each Party shall provide that goods not lose its originating if:
(a) Does not undergo any further processing or any other operation outside the territories of the Parties other than reloading splitting, unloading, or any other operation necessary to maintain the goods in good condition or to transport it to the territory of a party; and
(b) Remained under the control of the customs authorities in the territory of a non- party.
Article 4.13. Exhibitions
1. The preferential tariff treatment under this Agreement shall be granted to goods originating sent for exhibition in a non-party and sold after the exhibition for importation in a party, when the following conditions are met to the satisfaction of the customs authorities of the importing Party:
(a) An exporter has consigned these products from one of the Parties to the country in which the exhibition is held;
(b) The goods were sold or otherwise of alienated by that exporter to a person in a party;
(c) The goods have been consigned the exhibition during or immediately thereafter in the State in which they were sent for exhibition;
(d) From the time at which the goods were sent for exhibition, have not been used for any purpose other than its presentation at the exhibition; and
(e) The goods have remained under the control of the customs authorities of the country no party during the exhibition.
2. For purposes of paragraph 1, a certificate of origin in accordance with section B (Proceedings of origin), which are submitted to the customs authorities of the importing Party, including the name and address of the exhibition. where necessary, may require additional documentary evidence related to exposure.
Section B. Origin Procedures
Article 4.14. Certification of Origin
1. The importer may claim preferential tariff treatment based on a certificate of origin written or electronic (1) issued by the competent authority of the exporting party at the request of the exporter.
2. The competent authority of the exporting party may delegate the issuance of the certificate of origin in other public or private entities.
3. The competent authority or qualified entities may consider in its territory the quality of goods originating and meeting the requirements of this chapter. for this purpose, they may request any supporting evidence, carry out inspections at the premises of the exporter or producer or any other check which they consider appropriate.
4. The parties shall maintain in force before the General Secretariat of ALADI 53.official the relationship of the departments or public or private entities empowered to issue certificates of origin and the registration of handwritten signatures or electronic officials accredited for this purpose.
5. The certificate of origin shall serve to certify that a good being exported from the territory of one party to the territory of another party qualifies as originating. this certificate may be amended by the Commission. a single form for the Certificate of Origin is set out in annex 4.14.
6. The certificate of origin shall be valid for one year from the date on which it was issued.
Article 4.15. Billing by an Operator from a Non-Party Country
The certificate of origin shall be indicated in the remarks "" where goods are invoiced by an operator of a non- party.
Article 4.16. Exceptions
The certificate of origin shall not be required where:
(a) The customs value of the importation does not exceed one thousand five hundred dollars of the United States of America (US $1,500) or the equivalent amount in the currency of the importing Party, or a higher amount as may be established by the importing Party, unless the importing Party considers that the importation forms part of a series of importations carried out or planned for the purpose of evading compliance with the legislation of the governing party claims for preferential tariff treatment under this agreement; or
(b) A good for which the importing Party shall not require the importer to present information demonstrating a certification or origin.
Article 4.17. Obligations Relating to Imports
1. The customs authority of each Party shall require an importer claiming preferential tariff treatment for a good:
(a) A written declaration in the importation document required by its laws, on the basis of a certificate of origin, that a good qualifies as an originating goods;
(b) The certificate of origin in its possession at the time the declaration is made;
(c) The customs authority shall provide, if so requested, the certificate of origin or copies thereof; and
(d) This declaration and a corrected immediately pay the corresponding tariff when the importer has reason to believe that the certificate of origin in the customs declaration is incorrect information. the importer shall not be penalized voluntarily present whenever the goods declaration, corrected prior to the Customs Authority has initiated the exercise of its powers of verification and control or before the customs authorities notify the review in accordance with the legislation of each party.
2. Where an importer in its territory fails to comply with any of the requirements established in this chapter, the Customs Authority deny the preferential tariff treatment.
Article 4.18. Duty Drawback
When the importer did not request preferential tariff treatment to goods imported into its territory that would have qualified as originating, the importer may not later than one (1) year after the date of importation, request to the customs authority of the importing Party repayment of overpaid tariffs for failure to request preferential tariff treatment for such goods, provided that the application is accompanied by:
(a) A written statement indicating that the good qualifies as originating at the time of importation;
(b) The Certificate of Origin or its copy; and
(c) Any other documentation relating to the importation of the good as the customs authority may require.
Article 4.19. Export Related Obligations
1. Each Party shall provide that:
(a) Where an exporter has reason to believe that the certificate of origin contains incorrect information shall immediately notify in writing the competent authority or qualified entities of any change that could affect the accuracy or validity of the certificate; and
(b) If an exporter has delivered a certificate or false information and with the same is qualified as originating goods exported to the territory of the other party, shall be subject to penalties similar to those that would apply to an importer in its territory for a contravention of its customs laws and regulations by making false statements and in relation to an importation.
2. Neither party shall impose penalties on an exporter by providing incorrect information if it voluntarily notifies in writing to the competent authority or qualified entities, prior to the customs authority of the importing Party have initiated the exercise of its powers of verification and control or before the customs authorities notify the review in accordance with the legislation of each party.
Article 4.20. Record Keeping Requirements
1. The competent authority or qualified entities shall keep a copy of the certificate of origin for a minimum period of five (5) years after the date of its issuance. such record will include all information that formed the basis for the issuance of the certificate.
2. The exporter applying for a certificate of origin in accordance with article 4.14, must retain for a minimum of five (5) years from the date of the issuance of the certificate, all necessary records to demonstrate that the good was originating, including records relating to:
(a) The purchase costs, the value and payment for the good exported;
(b) The purchase costs, the value and payment of all, including indirect materials used in the production of the exported goods; and
(c) The production of the good in the form in which it was exported from its territory.
3. An importer claiming preferential tariff treatment for a good shall maintain for a minimum of five (5) years after the date of the importation of goods, the documentation required by the Customs Authority, including a copy of the certificate of origin.
Article 4.21. Procedures for Verification of Origin
1. The customs authority of the importing Party may request information about the origin of a good to the competent authority of the exporting Party.
2. The customs authority of the importing Party may require the importer to present information relating to the importation of goods for which the preferential tariff treatment is claimed.
3. For purposes of determining whether a good imported qualifies as originating, the customs authority of the importing Party may verify the origin of the goods,
Through the competent authority of the exporting party through the following procedures:
(a) Requests for written information or questionnaires to an exporter or producer of the good in the territory of the other party, which shall specify the goods subject to verification;
(b) Verification visits to the premises of the exporter or producer of the good in the territory of the other party to review the records and documents referred to in article 4.20 and inspect the facilities and materials used in the production of the goods; or
(c) Any other procedure as the parties agree.
4. For the purposes of this article, any written communication sent by the customs authority of the importing Party to the exporter or producer for verification of origin through the competent authority of the exporting Party shall be valid if it is done by means of:
(a) Postal licences or other forms with acknowledgement of receipt to confirm the receipt of documents or communications; or
(b) Any other means agreed by the parties.
5. In accordance with paragraph 3 requests for written information or questionnaires shall contain:
(a) The name and address of the Customs Authority which requests information;
(b) The name and address of the exporter or producer to whom it is requested information and documentation;
(c) Description of the information and documents required; and
(d) Legal basis of requests for information or questionnaire.
6. The exporter or producer who receives a questionnaire or request for information in accordance with paragraph 3 (a), duly complete and return the questionnaire or respond to the request within thirty (30) days after the date of receipt. during the period specified, the exporter or producer may make a written request for extension to the customs authority of the importing Party that is not exceeding thirty (30) days. such a request shall not have the consequence of deny the preferential tariff treatment.
7. The customs authority of the importing Party may request through the competent authority of the exporting Party, additional information by means of a subsequent request questionnaire or the exporter or producer, even if it has been completed or the questionnaire requested information referred to in paragraph 3 (a). in this case the producer or exporter shall have thirty (30) days to respond to such a request.
8. If the exporter or producer does not duly complete and return the questionnaire or provide the information requested within the established period
In paragraphs 6 and 7, the customs authority of the importing Party may deny preferential tariff treatment to the goods subject to verification, sending the importer and the competent authority of the exporting Party; a determination of origin which shall include the facts and the legal basis for the determination.
9. Prior to conducting a verification visit pursuant to paragraph 3 (b), the customs authority of the importing Party shall notify in writing of its intention to conduct the verification visit. the notification shall be sent to the competent authority of the exporting party or any other means by which it considers the receipt of the notification. the customs authority of the importing Party shall conduct the verification visit the written consent of the exporter or producer to be visited.
10. In accordance with paragraph 3 (b) the notice of intention to conduct the visit of verification of origin referred to in paragraph 9 shall contain:
(a) The name and address of the customs authority of the importing Party that makes the notification;
(b) The name of the exporter or producer to be visited;
(c) The date and place of the proposed verification visit;
(d) The objective and scope of the proposed verification visit including specific reference to the subject of the good verification;
(e) The names and titles of the officials who shall carry out the verification visit; and
(f) The legal authority for the verification visit.
11. If the exporter or the producer of a good does not give consent in writing to conduct the visit within a period of thirty (30) days from the date of receipt of the notification referred to in paragraph 9, the customs authority of the importing Party may deny preferential tariff treatment to the goods, by giving notice in writing to the importer and the competent authority of the exporting party of its resolution, including the facts and legal basis for this.
12. The customs authority of the importing Party shall not deny preferential tariff treatment to a good if within fifteen (15) days after the date of receipt of the notification, once the producer or the exporter requested the postponement of the proposed verification visit with the corresponding justifications for a period not exceeding thirty (30) days of the date the proposal under paragraph 10 (c), or for a longer period as may be agreed between the customs authority of the importing Party and the competent authority of the exporting Party.
13. In accordance with paragraph 3 (b), the customs authority of the importing Party shall permit an exporter or producer that is subject to a verification visit to designate two observers to be present during the visit and only to act as such. the assignment of observers does not constitute grounds for postponement of the visit.
14. For the verification of compliance with any requirement set out in section A (rules of origin), the customs authority of the importing Party shall take, where applicable, the generally accepted accounting principles applied in the territory of the exporting Party.
15. The customs authority of the importing Party may deny preferential tariff treatment to a good subject to a verification of origin when the exporter or producer of the good does not make available to the customs authority of the importing Party the records and documents referred to in article 4.20.
16. Upon completion of the verification visit, the customs authority of the importing Party may develop a record of the visit, which shall include the facts confirmed by it. the exporter or producer subject of this visit may sign the record.
17. Within a period of ninety (90) days of the conclusion of the verification of origin, the customs authority of the importing Party shall deliver a determination of origin including facts and the legal basis for the resolution and the importer shall notify the competent authority of the exporting Party.
18. Within the period specified in paragraph 1 above, the customs authority of the importing Party has issued a determination of origin, the competent authority of the exporting party may have recourse to the dispute settlement mechanism.
19. Where a verification of origin to the customs authority of the importing Party determines that an exporter or producer has provided a more than once declarations to the competent authority of the exporting party or false or unfounded information in the sense that qualifies as a good originating; the Customs authority of the importing party may suspend preferential tariff treatment to identical goods exported by such person. the customs authority of the importing Party shall grant preferential tariff treatment to goods once comply with the provisions of this chapter.
20. For the issuance of a determination of origin of a good subject to a verification process, the customs authority of the importing Party shall consider and advance rulings on tariff classification Origin issued by the competent authority before the date of the resolution of origin.
Article 4.22. Sanctions
Each Party shall impose criminal, civil or administrative penalties for violations of its laws and regulations relating to the provisions of this chapter.
Article 4.23. Confidentiality
1. Each Party shall maintain, in accordance with its laws, the confidentiality of the information collected pursuant to this chapter and shall protect that information from disclosure.
2. The confidential information collected pursuant to this chapter may be disclosed only to those authorities responsible for the administration and enforcement of determinations of origin and of customs and tax in accordance with the legislation of each party.
Article 4.24. Inquiries and Modifications
1. The Parties shall consult regularly to ensure that this chapter is uniform and effectively administered in accordance with the spirit and the objectives of this Agreement and shall cooperate in the administration of this chapter.
2. A Party which considers that one or more of the provisions of this chapter may be modified, may submit a proposal to the other party.
3. Origin of the Committee shall consider proposals for the amendment of the rules of origin, taking into account developments in production processes, amendments to the Harmonized System, other matters related to the determination of the origin of a good or other matters related to this chapter.
4. Origin of the Committee shall meet to consider proposals within sixty (60) days from the date of receipt of the communication or in another date that the Committee may decide.
5. The Committee of origin shall provide a report to the Commission, setting out its findings and recommendations.
6. On receipt of the report, the Commission may take appropriate measures in accordance with article 15.1.3.
Article 4.25. Review and Appeal
1. Each Party shall accord the same rights of appeal and review of determinations of origin with respect to its importers, exporters or producers of the other party who have been notified by the competent authority of the exporting Party, these resolutions pursuant to article 4.21.
2. The rights referred to in paragraph 1 shall include access to at least one independent administrative review of the office or official responsible for the determinations of origin under review and access to a judicial review of the same as last instance of administrative measures, according to the legislation of each party.
Article 4.26. Definitions
For purposes of this chapter:
Competent authority means the authority that according to the legislation of each party is responsible for the issuing of the certificate of origin or the delegation of issuance in qualified entities. in the case of Chile, the General Directorate of International Economic Relations and in the case of Colombia, the Ministry of Commerce, Industry and Tourism;
CIF means the value of the good imported and includes the cost of insurance and freight up to the port or place of entry into the country of importation;
Packing materials and containers for shipment means goods used to protect a good during its transportation and does not include and packaging materials in which the goods are empaca for retail sale;
Exporter means a person who conducts an export;
FOB means the value of the good free on board regardless of the means of transport, in the place of shipment abroad;
Importer means a person who conducts an importation;
A good means any material or material, substance ingredient, component or part used or consumed in the transformation of production or another good;
His own manufacture of material means that material is produced by the producer of a good and used in the production of those goods;
Indirect means a good material used in production, testing or inspection of another good but not physically incorporated into the Party; or a good used in the maintenance of buildings or the operation of equipment associated with the production of another goods, including:
(a) Fuel and energy; catalysts and solvents;
(b) Aircraft, equipment and devices used for testing or inspecting the goods;
(c) Gloves, spectacles, footwear, clothing, equipment and devices;
(d) Tools and moulds, dies;
(e) Spare parts and materials used in the maintenance of equipment and buildings;
(f) Lubricants, fats, composite materials and other materials used in production or operation or maintenance of equipment and buildings;
(g) Any other goods that are not incorporated into the good but whose use in the production of the good can be a part of that production;
Identical goods means goods that are the same in all aspects relevant to the rule of origin that qualify as originating the goods;
Materials means fungible goods or goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical and which cannot be distinguished from one another for a mere visual examination;
Non-originating non-originating material means a good or good or material that does not comply with the requirements established in this chapter to be considered as originating products;
Goods wholly obtained or produced entirely in the territory of one Party, or other means:
(a) Minerals extracted or obtained in the territory of either party;
(b) Vegetable products harvested or gathered harvested in the territory of either party;
(c) Live animals born and raised in the territory of either party;
(d) Goods obtained from live animals in the territory of either party;
(e) Goods obtained from hunting, fishing, hunting with traps, aquaculture, gathering or capturing in the territory of either party;
(f) Fish, crustaceans and other marine species obtained from the sea outside the territory of the Parties by fishing vessels registered or recorded with a party and flying the flag of that Party or by fishing vessels rented by firms established in the territory of a party;
(g) Goods produced or obtained on board ships exclusively from factory goods referred to in subparagraph (f), provided such factory ships are registered or recorded with a party and flying the flag of that Party or leased by a company established in the territory of a party;
(h) The goods or extracted from the seabed beneath the seabed outside the territorial sea of a party by a party or a person of a Party, provided that the Party has rights to exploit such seabed subsoil; or
(i) Waste and scrap derived from:
(i) Manufacturing or processing operations in the territory of either party; or
(ii) Used goods collected in the territory of one or other party provided that such goods are only for the recovery of raw materials; or