(a) General. A Certificate of Origin must be employed to certify that an apparel or other textile article being exported from an ATPDEA beneficiary country to the United States qualifies for the preferential treatment referred to in §10.241. The Certificate of Origin must be prepared in the ATPDEA beneficiary country by the producer or exporter or by the producer's or exporter's authorized agent in the format specified in paragraph (b) of this section. If the person preparing the Certificate of Origin is not the producer of the article, the person may complete and sign a Certificate of Origin on the basis of:
(1) The person's reasonable reliance on the producer's written representation that the article qualifies for preferential treatment; or
(2) A completed and signed Certificate of Origin for the article voluntarily provided to the person by the producer.
(b) Form of Certificate. The Certificate of Origin referred to in paragraph (a) of this section must be in the following format:
Andean Trade Promotion and Drug Eradication Act Textile Certificate of Origin
| 1. Exporter Name & Address: | ||
| 2. Producer Name & Address: | ||
| 3. Importer Name & Address: | ||
| 4. Description of Article: | ||
| 5. Preference Group: | ||
| Group | Each Description Below Is Only a Summary of the Cited CFR Provision. | 19 CFR |
| A | Apparel assembled from U.S. formed, dyed, printed and finished fabrics or fabric components, or U.S. formed knit-to-shape components from U.S. or Andean yarns | 10.243(a)(1)(i). |
| B | Apparel assembled from Andean chief value llama, alpaca or vicuña fabrics, fabric components, or knit-to-shape components, from Andean yarns | 10.243(a)(1)(ii). |
| C | Apparel assembled from fabrics or yarns considered as being in short supply in the NAFTA | 10.243(a)(1)(iii). |
| D | Apparel assembled from fabrics or yarns designated as not available in commercial quantities in the United States | 10.243(a)(1)(iv). |
| E | Apparel assembled from a combination of two or more yarns, fabrics, fabric components, or knit-to-shape components described in preference groups A though D | 10.243(a)(2). |
| F | Handloomed, handmade, or folklore textile and apparel goods | 10.243(a)(3). |
| G | Brassieres assembled in the U.S. and/or one or more Andean beneficiary countries | 10.243(a)(4). |
| H | Textile luggage assembled from U.S. formed fabrics from U.S. yarns | 10.243(a)(5)&(6). |
| I | Apparel assembled from Andean formed fabrics, fabric components, or knit-to-shape components from U.S. or Andean yarns, whether or not also assembled, in part, from yarns, fabrics and fabric components described in preference groups A through D | 10.243(a)(7). |
| 6. U.S./Andean Fabric Producer Name & Address: | ||
| 7. U.S./Andean Yarn Producer Name & Address: | ||
| 8. Handloomed, Handmade, or Folklore Article: | ||
| 9. Name of Short Supply Fabric or Yarn: | ||
| I certify that the information on this document is complete and accurate and I assume the responsibility for proving such representations. I understand that I am liable for any false statements or material omissions made on or in connection with this document. I agree to maintain, and present upon request, documentation necessary to support this certificate. | ||
| 10. Authorized Signature: | ||
| 11. Company: | ||
| 12. Name: (Print or Type) | ||
| 13. Title: | ||
| 14. Date: (DD/MM/YY) | ||
| 15. Blanket Period: | ||
| From: | ||
| To: | ||
| 16. Telephone: | ||
| Facsimile: | ||
(c) Preparation of Certificate. The following rules will apply for purposes of completing the Certificate of Origin set forth in paragraph (b) of this section:
(1) Blocks 1 through 5 pertain only to the final article exported to the United States for which preferential treatment may be claimed;
(2) Block 1 should state the legal name and address (including country) of the exporter;
(3) Block 2 should state the legal name and address (including country) of the producer. If there is more than one producer, attach a list stating the legal name and address (including country) of all additional producers. If this information is confidential, it is acceptable to state “available to Customs and Border Protection (CBP) upon request” in block 2. If the producer and the exporter are the same, state “same” in block 2;
(4) Block 3 should state the legal name and address (including country) of the importer;
(5) Block 4 should provide a full description of each article. The description should be sufficient to relate it to the invoice description and to the description of the article in the international Harmonized System. Include the invoice number as shown on the commercial invoice or, if the invoice number is not known, include another unique reference number such as the shipping order number;
(6) In block 5, insert the letter that designates the preference group which applies to the article according to the description contained in the CFR provision cited on the Certificate for that group;
(7) Blocks 6 through 9 must be completed only when the block in question calls for information that is relevant to the preference group identified in block 5;
(8) Block 6 should state the legal name and address (including country) of the fabric producer;
(9) Block 7 should state the legal name and address (including country) of the yarn producer;
(10) Block 8 should state the name of the folklore article or should state that the article is handloomed or handmade of handloomed fabric;
(11) Block 9 should be completed if the article described in block 4 incorporates a fabric or yarn described in preference group C or D and should state the name of the fabric or yarn that has been considered as being in short supply in the NAFTA or that has been designated as not available in commercial quantities in the United States. Block 9 also should be completed if preference group E or I applies to the article described in block 4 and the article incorporates a fabric or yarn described in preference group C or D;
(12) Block 10 must contain the signature of the producer or exporter or the producer's or exporter's authorized agent having knowledge of the relevant facts;
(13) Block 14 should reflect the date on which the Certificate was completed and signed;
(14) Block 15 should be completed if the Certificate is intended to cover multiple shipments of identical articles as described in block 4 that are imported into the United States during a specified period of up to one year (see §10.246(b)(4)(ii)). The “from” date is the date on which the Certificate became applicable to the article covered by the blanket Certificate (this date may be prior to the date reflected in block 14). The “to” date is the date on which the blanket period expires; and
(15) The Certificate may be printed and reproduced locally. If more space is needed to complete the Certificate, attach a continuation sheet.
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