[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: 19CFR181.75]



[Page 381-382]

 

                        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 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 

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



[[Page 382]]



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.