CSMS# 12-000479 - Preference Criterion on Korea FTA Certification of Origin Required
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10/31/2012 12:01 PM EDT
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At the time a Korea FTA preference claim is made on an importation into the United States, an importer must have 1) either a certification of origin (CO) in its possession, or 2) the claim may be based on importer knowledge that the good is an originating good, including a reasonable reliance on information in the importer’s possession.
The aforementioned CO must comply with U.S. – Korea FTA Article 6.15(2), including element (f) "information demonstrating that the good is originating". In accordance with 19 CFR 10.1004(a)(3)(v) and the U.S. – Korea Implementation Instructions, March 12, 2012, Attachment A, available at http://cbp.gov/linkhandler/cgov/trade/trade_programs/international_agreements/free_trade/korea/korea_fta.ctt/korea_fta.pdf that information includes:
6. Preference criterion:
The rule of origin set forth in General Note 33(b), HTSUS, or Article 6.1 of the Agreement.
In the case of a product-specific rule specified in General Note 33(o) or Annex 4-A or 6-A of the Agreement, please indicate which tariff shift rule was applied.
Importer’s basing their Korea FTA claim on a CO provided by the importer, exporter or producer should ensure that the CO in their possession complies with Agreement Article 6.15, regulation 19 CFR 10.1004, and the U.S. – Korea FTA Implementation Instructions, Attachment A.
Links to the aforementioned resources are available on www.cbp.gov by searching "Korea" and selecting the corresponding Smart Link.
Questions concerning this posting may be directed to the Trade Agreement Branch at fta@dhs.gov.
At the time a Korea FTA preference claim is made on an importation into the United States, an importer must have 1) either a certification of origin (CO) in its possession, or 2) the claim may be based on importer knowledge that the good is an originating good, including a reasonable reliance on information in the importer’s possession.
The aforementioned CO must comply with U.S. – Korea FTA Article 6.15(2), including element (f) "information demonstrating that the good is originating". In accordance with 19 CFR 10.1004(a)(3)(v) and the U.S. – Korea Implementation Instructions, March 12, 2012, Attachment A, available at http://cbp.gov/linkhandler/cgov/trade/trade_programs/international_agreements/free_trade/korea/korea_fta.ctt/korea_fta.pdf that information includes:
6. Preference criterion:
The rule of origin set forth in General Note 33(b), HTSUS, or Article 6.1 of the Agreement.
In the case of a product-specific rule specified in General Note 33(o) or Annex 4-A or 6-A of the Agreement, please indicate which tariff shift rule was applied.
Importer’s basing their Korea FTA claim on a CO provided by the importer, exporter or producer should ensure that the CO in their possession complies with Agreement Article 6.15, regulation 19 CFR 10.1004, and the U.S. – Korea FTA Implementation Instructions, Attachment A.
Links to the aforementioned resources are available on www.cbp.gov by searching "Korea" and selecting the corresponding Smart Link.
Questions concerning this posting may be directed to the Trade Agreement Branch at fta@dhs.gov.
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