Federal Register - July 6, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations that the verification is seeking to resolve;
2 Sufficient information to identify the good or material that is the subject of the verification;
3 A request for the written consent of the exporter or producer whose premises are going to be visited;
4 The legal authority for the visit;
5 The proposed date and location of the visit;
6 The specific purpose of the visit;
and 7 The names and titles of the U.S.
officials conducting the visit.
c Importer notification. When CBP
initiates a verification by sending a request for information or questionnaire under paragraph a of this section to an exporter or producer or by sending a notification of a verification visit under paragraph b of this section, CBP will notify the importer claiming preferential tariff treatment of the good that CBP has initiated a verification of that good, subject to the confidentiality provisions in 182.2.
d Means of communications. 1 For purposes of a verification, it is sufficient for CBP to use the contact information provided in the certification of origin for any communication sent to the importer, exporter, or producer.
2 For purposes of a verification, CBP
will send all communication to the exporter or producer by any means that can produce a confirmation of receipt including:
i Electronic mail;
ii International courier services;
iii Certified or registered mail services; or iv A CBP-authorized electronic data interchange system.
e Time periods. Any time periods specified in this subpart begin from the date of confirmation of receipt, provided for in paragraph d2 of this section, when sending communication to the exporter or producer, and begin from the date the communication is sent when sending communication to the importer.
f Response time for a request for information, a questionnaire, and a notification of a verification visit1
Request for information and questionnaire. When CBP sends a request for information or a questionnaire, the importer, exporter, or producer will have 30 days from the date specified in paragraph e of this section to respond and provide the requested documentation. CBP may deny the claim for preferential tariff treatment of the good, or consider the material that is used in the production of the good to be non-originating material, for failure to respond to the
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request for information subject to the conditions in 182.75c1, or for failure to respond to the questionnaire.
2 Notification of a verification visit.
When CBP sends a notification of a verification visit, the exporter or producer will have 30 days from the date specified in paragraph e of this section to consent to or deny the verification visit. CBP may deny the claim for preferential tariff treatment of the good, or consider the material that is used in the production of the good to be non-originating material, for failure to provide consent for a verification visit within the 30-day response period, unless a postponement is requested in accordance with 182.74b.
51. Add 182.74 to read as follows:
182.74
Verification visit procedures.
a Written consent required. Prior to conducting a verification visit in Canada or Mexico, CBP must obtain the written consent of the exporter or producer whose premises are to be visited. The exporter or producer must submit this written consent, requested in the notification of a verification visit under 182.73b3, to CBP through one of the communication means specified in 182.73d2, within the time period provided in 182.73f2, unless a postponement is requested in accordance with paragraph b of this section.
b Postponement of a verification visit1 Request for postponement by an exporter or producer. Within 15 days of confirmed receipt of the notification of a verification visit, the exporter or producer may, on a single occasion, using one of the communication means specified in 182.73d2, request the postponement of the verification visit for a period not to exceed 30 days from the proposed date of the visit.
2 Notification of a postponement.
CBP will notify the exporter or producer when a postponement request under paragraph b1 of this section is received and will provide the new date of the verification visit. The Mexican or Canadian customs administration where the verification visit will occur may also, within 15 days of confirmed receipt of the notification of a verification visit, postpone the verification visit for a period not to exceed 60 days from the proposed date of the visit or for a longer period as CBP
and the Mexican or Canadian customs administration may decide. CBP will notify the exporter or producer if the verification visit is postponed at the request of the Mexican or Canadian customs administration.
c Availability of records1
Verification of a good. The exporter or
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producer must make the records, which are required to be maintained to demonstrate that the good qualifies for preferential tariff treatment under the USMCA, available for inspection by a CBP official conducting a verification and provide facilities for that inspection during the verification visit. CBP may deny the claim for preferential tariff treatment of the good for failure to maintain these records or if a CBP
official is denied access to these records.
2 Verification of a material. During the verification of a material, any records in the material producers possession demonstrating that the material qualifies as originating must be made available for inspection by a CBP
official conducting a verification. CBP
may consider the material that is the used in the production of the good and is the subject of the verification visit to be non-originating material if a CBP
official is denied access to these records.
d Observers. The exporter or producer may designate up to two observers to be present during the verification visit, if the exporter or producer chooses, provided that:
1 The observers do not participate in a manner other than as observers;
2 The failure of the exporter or producer to designate observers does not result in the postponement of the visit; and 3 The exporter or producer identifies to CBP any observers designated to be present during the visit.
52. Add 182.75 to subpart G to read as follows:
182.75
Determinations of origin.
a Contents. For verifications initiated under this part, CBP will issue a determination of origin that sets forth:
1 A description of the good that was the subject of the verification;
2 A statement setting forth the findings of facts made in connection with the verification and upon which the determination is based; and 3 The legal basis for the determination.
b Parties who will receive a determination of origin. CBP will issue the determination of origin to the importer, and to the exporter or producer who is subject to the verification and either completed the certification of origin or provided information directly to CBP during the verification, subject to the confidentiality provisions in 182.2, within 120 days or in exceptional cases and upon notification to the parties, within 210 days after CBP has determined that it has received all the information necessary to issue a determination of origin, including any
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