Page 49 - Regional Comprehensive Economic Partnership (RCEP)

7. The competent authority of the exporting Party shall monitor the compliance with the importing Party’s laws and regulations
use of the authorisation, including verification of the Declarations governing claims for preferential tariff treatment under this
of Origin by an approved exporter, and withdraw the authorisation Agreement.
where the conditions referred to in paragraph 1 are not met.
4. The customs authority of the importing Party may require, where
8. An approved exporter shall be prepared to submit at any time, on appropriate, the importer to submit supporting evidence that a
request of the customs authorities of the importing Party, all good qualifies as an originating good, in accordance with the
appropriate documents proving the originating status of the goods requirements of this Chapter.
concerned, including statements from the suppliers or producers
in accordance with the laws and regulations of the importing Party 5. The importer shall demonstrate that the requirements referred to
as well as the fulfilment of the other requirements of this Chapter. in Article 3.15 (Direct Consignment) have been met and provide
such evidence on request of the customs authority of the
importing Party.
Article 3.22: Claim for Preferential Tariff Treatment
6. Where a Proof of Origin is submitted to the customs authority of
1. An importing Party shall grant preferential tariff treatment in an importing Party after the expiration of the period of time for its
accordance with this Agreement to an originating good on the submission, such Proof of Origin may still be accepted, subject to
basis of a Proof of Origin. the importing Party’s laws, regulations, or administrative
practices, when failure to observe the period of time results from
2. Unless otherwise provided in this Chapter, an importing Party force majeure or other valid causes beyond the control of the
shall provide that, for the purposes of claiming preferential tariff importer or exporter.
treatment, the importer shall:

(a) make a declaration in its customs declaration that the good Article 3.23: Post-Importation Claims for Preferential Tariff
qualifies as an originating good;
1. Each Party, subject to its laws and regulations, shall provide that
(b) have a valid Proof of Origin in its possession at the time the where a good would have qualified as an originating good when
declaration referred to in subparagraph (a) is made; and it was imported into that Party, the importer of the good may,
within a period specified by its laws and regulations, and after the
(c) provide an original or a certified true copy of the Proof of date on which the good was imported, apply for a refund of any
Origin to the importing Party if required by the importing excess duties, deposit, or guarantee paid as the result of the good
Party. not having been granted preferential tariff treatment, on
presentation of the following to the customs authority of that Party:
3. Notwithstanding paragraphs 1 and 2, the importing Party may not
require a Proof of Origin if: (a) a Proof of Origin and other evidence that the good qualifies
as an originating good; and
(a) the customs value of the importation does not exceed US$
200 or the equivalent amount in the importing Party’s (b) such other documentation in relation to the importation as
currency or any higher amount as the importing Party may the customs authority may require to satisfactorily
establish; or evidence the preferential tariff treatment claimed.

(b) it is a good for which the importing Party has waived the 2. Notwithstanding paragraph 1, each Party may require, in
requirement, accordance with its laws and regulations, that the importer notify
the customs authority of that Party of its intention to claim
provided that the importation does not form part of a series of preferential tariff treatment at the time of importation.
importations carried out or planned for the purpose of evading

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