[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR181.22]



[Page 359-360]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 181_NORTH AMERICAN FREE TRADE AGREEMENT--Table of Contents

 

                      Subpart C_Import Requirements

 

Sec.  181.22  Maintenance of records and submission of Certificate by 

importer.



    (a) Maintenance of records. Each importer claiming preferential 

tariff treatment for a good imported into the United States shall 

maintain in the United States, for five years after the date of entry of 

the good, all documentation relating to the importation of the good. 

Such documentation shall include a copy of the Certificate of Origin and 

any other relevant records as specified in Sec.  163.1(a) of this 

chapter.

    (b) Submission of Certificate. An importer who claims preferential 

tariff treatment on a good under Sec.  181.21 of this part shall 

provide, at the request of the port director, a copy of each Certificate 

of Origin pertaining to the good which is in the possession of the 

importer. A Certificate of Origin submitted to Customs under this 

paragraph or under Sec.  181.32(b)(3) of this part:

    (1) Shall be on Customs Form 434, including privately-printed copies 

thereof, or on such other form as approved by the Canadian or Mexican 

customs administration, or, as an alternative to Customs Form 434 or 

such other approved form, in an approved computerized format or such 

other medium or format as is approved by the Office of Field Operations, 

U.S. Customs Service, Washington, DC 20229. An alternative format must 

contain the same information and certification set forth on Customs Form 

434;

    (2) Shall be signed by the exporter or by the exporter's authorized 

agent having knowledge of the relevant facts;

    (3) Shall be completed either in the English language or in the 

language of the country from which the good is exported. If the 

Certificate is completed in a language other than English, the importer 

shall also provide to the port director, upon request, a written English 

translation thereof;

    (4) Shall be accepted by Customs for four years after the date on 

which the Certificate was signed by the exporter or producer; and

    (5) May be applicable to:

    (i) 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

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

that occur within a specified period, not exceeding 12 months, set out 

therein by the exporter or producer.

    (c) Acceptance of Certificate. A Certificate of Origin shall be 

accepted by the port director as valid for the purpose set forth in 

Sec.  181.11(a) of this part, provided that the Certificate is 

completed, signed and dated in accordance with the requirements of 

paragraph (b) of this section. If the port director determines that a 

Certificate is illegible or defective or has not been completed in 

accordance with paragraph (b) of this section, the importer shall be 

given a period of not less than five working days to submit a corrected 

Certificate. Acceptance of a Certificate will result in the granting of 

preferential tariff treatment to the imported good unless, in connection 

with an origin verification initiated under subpart G of this part or 

based on a pattern of conduct within the meaning of Sec.  181.76(c) of 

this part, the port director determines that the imported good does not 

qualify as an originating good or should not be accorded such treatment 

for any other reason as specifically provided for elsewhere in this



[[Page 360]]



part. A Certificate shall not be accepted in connection with subsequent 

importations during a period referred to in paragraph (b)(5)(ii) of this 

section if, based on an origin verification under subpart G of this 

part, the port director determined that a previously imported identical 

good covered by the Certificate did not qualify as an originating good.

    (d) Certificate not required--(1) General. Except as otherwise 

provided in paragraph (d)(2) of this section, an importer shall not be 

required to have a Certificate of Origin in his possession for:

    (i) An importation of a good for which the port director has in 

writing waived the requirement for a Certificate of Origin because the 

port director is otherwise satisfied that the good qualifies for 

preferential tariff treatment under the NAFTA;

    (ii) A non-commercial importation of a good; or

    (iii) A commercial importation of a good whose value does not exceed 

US$2,500, provided that, unless waived by the port director, the 

producer, exporter, importer or authorized agent includes on, or 

attaches to, the invoice or other document accompanying the shipment the 

following signed statement:



    I hereby certify that the good covered by this shipment qualifies as 

an originating good for purposes of preferential tariff treatment under 

the NAFTA.



Check One:

( ) Producer

( ) Exporter

( ) Importer

( ) Agent



________________________________________________________________________

Name



________________________________________________________________________

Title



________________________________________________________________________

Address



________________________________________________________________________

Signature and Date



    (2) Exception. If the port director determines that an importation 

described in paragraph (d)(1) of this section forms part of a series of 

importations that may reasonably be considered to have been undertaken 

or arranged for the purpose of avoiding a certification requirement set 

forth in this part, the port director shall notify the importer in 

writing that for that importation the importer must have in his 

possession a valid Certificate of Origin to support the claim for 

preferential tariff treatment. The importer shall have 30 calendar days 

from the date of the written notice to obtain a valid Certificate, and a 

failure to timely obtain the Certificate will result in denial of the 

claim for preferential tariff treatment. For purposes of paragraph 

(d)(2) of this section, a ``series of importations'' means two or more 

entries covering goods arriving on the same day from the same exporter 

and consigned to the same person.



[T.D. 95-68, 60 FR 46364, Sept. 6, 1995, as ameded by T.D. 98-56, 63 FR 

32955, June 16, 1998]