CPFTA Verification of Origin Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-216/FullText.html

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CPFTA Verification of Origin Regulations

SOR/2013-216CUSTOMS ACT
Registration 2013-11-29
CPFTA Verification of Origin Regulations
P.C. 2013-1292 2013-11-28Whereas, pursuant to paragraph 167.1(b)Footnote a of the Customs ActFootnote b, the annexed Regulations give effect, in part, to a public announcement made on July 30, 2009 known as Customs Notice 09-018;

Return to footnote aS.C. 1992, c. 28, s. 31(1)
Return to footnote bR.S., c. 1 (2nd Supp.)

And whereas Customs Notice 09-018 provides that the Regulations giving effect to that announcement come into force on August 1, 2009;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 42.1Footnote c, paragraphs 164(1)(i)Footnote d and (j), subsection 164(1.1)Footnote e and paragraph 167.1(b)Footnote a of the Customs ActFootnote b, makes the annexed CPFTA Verification of Origin Regulations.

Return to footnote cS.C. 2009, c. 6, s. 24
Return to footnote dS.C. 1992, c. 28, s. 30(1)
Return to footnote eS.C. 2012, c. 18, s. 30
Interpretation

1 The following definitions apply in these Regulations.

Act
Act means the Customs Act. (Loi)
competent authority
competent authority means the Ministerio de Comercio Exterior y Turismo, the Superintendencia Nacional de Administración Tributaria or, if Peru provides written notice to Canada of their replacement, their successors. (autorité compétente)
customs administration
customs administration means the authority responsible under the laws of Canada for the administration of customs laws and regulations. (administration douanière)
goods
goods means goods for which preferential tariff treatment under the CPFTA is claimed. (marchandises)
material
material means a good that is used in the production of another good, and includes a part or ingredient. (matière)
verification letter
verification letter means a letter that contains a request for information regarding the origin of goods that are the subject of a verification of origin. (lettre de vérification)
verification questionnaire
verification questionnaire means a questionnaire that contains requests for information regarding the origin of goods that are the subject of a verification of origin. (questionnaire de vérification)
verification visit
verification visit means the entry into premises or a place for the purpose of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act. (visite de vérification)

Manner of Conducting a Verification of Origin

2 In addition to a verification visit, a verification of origin of goods may be conducted by reviewing the following:

(a) a verification questionnaire completed by

(i) the exporter or producer of the goods, or
(ii) a producer or supplier of a material;

(b) a written response received from a person referred to in paragraph (a) to a verification letter; and
(c) any other information received from a person referred to in paragraph (a).

Verification Letters and Verification Questionnaires

3 A verification letter or verification questionnaire must

(a) identify the customs administration and the name and title of the officer sending the letter or questionnaire;
(b) describe the goods or materials that are the subject of the verification of origin; and
(c) specify the period within which the letter must be answered or the questionnaire must be completed and returned, with the period being a minimum of 30 days beginning on the day on which the letter or the questionnaire is received.

Extension of Time

4 A person who receives a verification letter or verification questionnaire may, on a single occasion and within the period specified in the letter or questionnaire, make a written request to the customs administration, asking for an extension of that period. The extension shall be granted for a further period of not more than 30 days.

Verification Visit

Premises

5 The following premises in Peru may be entered for the purposes of a verification visit:

(a) the premises of an exporter or producer of goods; and
(b) the premises of a producer or supplier of a material.

Conditions

6 (1) It is prohibited for an officer to conduct a verification visit until the following conditions are satisfied:

(a) an officer sends a written notice of the intention to conduct the visit to

(i) the person whose premises are to be the subject of the visit,
(ii) the competent authority, and
(iii) if requested by Peru, the Embassy of Peru located in Canada; and

(b) the person whose premises are to be the subject of the visit consents in writing to the visit.

(2) The written notice of the verification visit shall specify

(a) the identity of the customs administration on behalf of which the notice is sent;
(b) the name and title of the officer who will conduct the visit;
(c) the name of the person whose premises are the subject of the visit;
(d) the date and the place of the visit;
(e) the object and scope of the visit, including a description of the goods or materials that are the subject of the verification of origin; and
(f) the legal authority for the visit.

Postponement

7 (1) A verification visit is postponed if, within 15 days after the day on which it receives a notice under subparagraph 6(1)(a)(ii), Peru sends a written request to the officer who sent the notice.
(2) The postponement of the visit shall be for a period not exceeding 60 days, beginning on the day on which the notice is received, or for any longer period agreed to by Peru and the customs administration.
(3) A person who receives a notice under subparagraph 6(1)(a)(i) may, on a single occasion and within 15 days after the day on which the notice is received, request the postponement of the verification visit by sending a written request for postponement to the officer who sent the notice.
(4) A postponement of the visit shall be for a period not exceeding 60 days, beginning on the day on which the notice is received, or for any longer period agreed to by the customs administration.

Observers

8 (1) A person who receives a notice under subparagraph 6(1)(a)(i) may designate two observers to be present during the verification visit.
(2) Participation of the observers during the visit is limited to observation.
(3) A person who designates observers must identify them to the officer conducting the verification visit.

Denial or Withdrawal of Preferential Tariff Treatment Under Cpfta

9 (1) For the purpose of subsection 42.1(2) of the Act, the exporter and the producer of goods are, in relation to a verification of origin under paragraph 42.1(1)(a) of the Act, required to

(a) maintain, in accordance with the applicable laws of the country in which the verification of origin is conducted, records relevant to the determination of origin with respect to the goods that are required to be maintained under those laws;
(b) provide the officer conducting the verification of origin with access to those records; and
(c) reply to each verification letter or complete and return each verification questionnaire to the officer within the period specified under paragraph 3(c) or section 4, as the case may be.

(2) For the purpose of subsection 42.1(2) of the Act, consent to the verification visit shall be provided in writing by the exporter or producer within 30 days after the day on which the notice sent under subparagraph 6(1)(a)(i) is received.

10 (1) An officer must send a written notice of the intent to re-determine the origin of goods under subsection 59(1) of the Act with any statement that is provided to an exporter or producer of goods pursuant to subsection 42.2(1) of the Act and that states that the goods that are the subject of a verification of origin are not eligible for preferential tariff treatment under the CPFTA.
(2) The written notice must specify the date after which preferential tariff treatment under the CPFTA may be denied or withdrawn in respect of the goods that are the subject of the verification of origin and the period during which the exporter or producer of the goods may provide written comments or additional information regarding the origin of those goods.

Means of Communication

11 A verification letter, a verification questionnaire and the notices referred to in paragraph 6(1)(a) and section 10 must be sent by any means that produces confirmation of receipt.

Coming into Force

12 These Regulations are deemed to have come into force on August 1, 2009.