[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR181.75]

[Page 380-381]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 181--NORTH AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
           Subpart G--Origin Verifications and Determinations
 
Sec. 181.75  Issuance of origin determination.

    (a) General. Except in the case of a pattern of conduct within the 
meaning of Sec. 181.76(c) of this part, following receipt and analysis 
of the results of an origin verification initiated under Sec. 181.72(a) 
of this part in regard to a good imported into the United States and 
prior to denying preferential tariff treatment on the import transaction 
which gave rise to the origin verification, Customs shall provide the

[[Page 381]]

exporter or producer whose good is the subject of the verification with 
a written determination of whether the good qualifies as an originating 
good. Subject to paragraph (b) of this section, the written origin 
determination shall be sent within 60 calendar days after conclusion of 
the origin verification process, unless circumstances require additional 
time, and shall set forth:
    (1) A description of the good that was the subject of the 
verification together with the identifying numbers and dates of the 
export and import documents pertaining to the good;
    (2) Subject to the provisions of Sec. 181.131 of this part and 
except in the case of a negative origin determination where specific 
findings of fact cannot be made because of a failure to respond to a 
follow-up verification letter or questionnaire sent under Sec. 181.72 of 
this part, a statement setting forth the findings of fact made in 
connection with the verification and upon which the determination is 
based; and
    (3) With specific reference to the rules applicable to originating 
goods as set forth in General Note 12, HTSUS, and in the appendix to 
this part, the legal basis for the determination.
    (b) Negative origin determinations. If Customs determines, as a 
result of an origin verification initiated under Sec. 181.72(a) of this 
part, that the good which is the subject of the verification does not 
qualify as an originating good, the written determination required under 
paragraph (a) of this section:
    (1) Shall be sent by certified or registered mail, or by any other 
method that produces a confirmation of receipt by the exporter or 
producer, if so requested by the customs administration of Canada or 
Mexico from which the good was exported; and
    (2) Shall, in addition to the information specified in paragraph (a) 
of this section, set forth the following:
    (i) A notice of intent to deny preferential tariff treatment on the 
good which is the subject of the determination;
    (ii) The specific date after which preferential tariff treatment 
will be denied, as established in accordance with Sec. 181.76(a)(1) of 
this part;
    (iii) The period, established in accordance with Sec. 181.76(a)(1) 
of this part, during which the exporter or producer of the good may 
provide written comments or additional information regarding the 
determination; and
    (iv) A statement advising the exporter or producer of the right to 
file a protest under 19 U.S.C. 1514 and part 174 of this chapter:
    (A) Within 90 days after notice of liquidation is provided pursuant 
to part 159 of this chapter; or
    (B) In cases where the negative origin determination does not result 
in a liquidation, within 90 days after the date of issuance of the 
written determination.