Page 223 - Regional Comprehensive Economic Partnership (RCEP)

upon arrival. (a) specify the information required to apply for an advance
ruling;
2. Each Party shall provide, as appropriate, for advance lodging of
documents and other information referred to in paragraph 1 in (b) provide that each Party may at any time during the course
electronic format for pre-arrival processing of such documents. of an evaluation of an application for an advance ruling,
request that the applicant provide additional information,
which may include a sample of the goods, necessary to
Article 4.10: Advance Rulings evaluate the application;

1. Each Party shall, prior to the importation of a good from a Party (c) ensure that an advance ruling be based on the facts and
into its territory, issue a written advance ruling to an importer, circumstances presented by the applicant and any other
exporter, or any person with a justifiable cause, or a relevant information in the possession of the decision-
representative thereof, who has submitted a written request maker; and
containing all necessary information, with regard to:
(d) ensure that the advance ruling includes the relevant facts
(a) tariff classification; and the basis for its decision.

(b) whether the good is an originating good in accordance with 4. Each Party shall issue an advance ruling in the official language
Chapter 3 (Rules of Origin); of the issuing Party or in the language it decides. The advance
ruling shall be issued in a reasonable, specified, and time-bound
(c) the appropriate method or criteria, and the application manner, and to the extent possible within 90 days, to the applicant
thereof, to be used for determining the customs value on the receipt of all necessary information. Each Party shall
under a particular set of facts, in accordance with the specify and make public such time period for the issuance of an
Customs Valuation Agreement; and advance ruling prior to such an application. Should the customs
authority have reasonable grounds to issue the advance ruling
(d) such other matters as the Parties may agree. later than the specified period after the receipt of the application,
it shall notify the applicant of the grounds for such a delay prior to
2. A Party may require that an applicant have legal representation the end of the specified period.
or registration in that Party. To the extent possible, such
requirements shall not restrict the categories of persons eligible 5. A Party may decline to issue an advance ruling if the facts and
to apply for advance rulings, with particular consideration for the circumstances forming the basis of the advance ruling are the
specific needs of small and medium enterprises. These subject of administrative or judicial review. A Party that declines
requirements shall be clear and transparent and not constitute a to issue an advance ruling shall promptly notify the applicant in
means of arbitrary or unjustifiable discrimination. 2, 3 writing, setting forth the relevant facts, circumstances, and the
basis for its decision to decline to issue the advance ruling.
3. Each Party shall adopt or maintain procedures for issuing
advance rulings which: 6. A Party may reject a request for an advance ruling where the
additional information requested, in writing, in accordance with
subparagraph 3(b) is not provided within a reasonable, specified
period, which is determined at the time of the request for
2 On request of a Party, the Parties may review the requirements of this paragraph in additional information and the Party requests the additional
terms of their contribution towards the trade facilitation through the Committee on information from the applicant in writing.
Goods.
7. Each Party shall provide that an advance ruling shall be valid from
3 Each Party shall ensure that its registration process is transparent, applications are
considered in a timely manner, and the decision made on an application, and the the date it is issued, or another date specified in the ruling,
reasons for it, are promptly advised to the applicant in writing. provided that the laws, regulations, and administrative rules, and

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