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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
information necessary from the exporter or producer.
c Negative determinations1
When a request for information must be sent to the exporter or producer prior to issuing a negative determination. If a claim for preferential tariff treatment is based on a certification of origin completed by the exporter or producer, and, in response to a request for information, the importer does not provide CBP with sufficient information to verify or substantiate the claim, CBP
will send a written request for information or its electronic equivalent to the exporter or producer that completed the certification of origin, subject to the confidentiality provisions in 182.2, prior to issuing a negative determination.
2 Denial of preferential tariff treatment. CBP may deny the claim for preferential tariff treatment if:
i The certification of origin is not submitted to CBP upon request as required pursuant to 182.12a;
ii The claim or certification of origin is invalid or based on inaccurate information and is not corrected within the required time period pursuant to 182.11c;
iii CBP determines that the importer, exporter, or producer failed to provide sufficient information to substantiate the claim;
iv CBP determines that the good does not qualify for preferential tariff treatment, including failing to meet the rules of origin requirements in General Note 11, HTSUS, and Appendix A to this part;
v The importer, exporter, or producer fails to respond to the request for information pursuant to 182.73f1 subject to the conditions in 182.75c1;
vi The importer, exporter, or producer fails to respond to the questionnaire pursuant to 182.73f1;
vii The exporter or producer fails to consent to a verification visit pursuant to 182.74;
viii The importer, exporter, or producer fails to maintain records demonstrating that the good qualifies for preferential tariff treatment as required pursuant to this part;
ix The importer, exporter, or producer denies access, as requested by CBP, to records or documentation that are in its possession or required to be maintained pursuant to this part;
x The exporter or producer denies access to records or documentation that are in its possession or required to be maintained, or to facilities during a verification visit as required pursuant to this part;

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xi CBP finds a pattern of conduct pursuant to 182.76; or xii CBP determines that any other reason to deny a claim for preferential tariff treatment as set forth in this part applies 3 Intent to deny. Prior to issuing a negative determination, CBP will inform the importer, and 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, of CBPs intent to deny preferential tariff treatment, subject to the confidentiality provisions in 182.2.
This intent to deny will contain the preliminary results of the verification, the effective date of the denial of preferential tariff treatment, and a notice to the importer, exporter, or producer that CBP will provide 30 days to submit additional information, including documents, related to the preferential tariff treatment of the good.
4 Issuance of a negative determination of origin. CBP will issue a negative determination of origin to the parties specified in paragraph b of this section if CBP determines, at least 30
days after receipt by the importer, exporter, or producer of the intent to deny issued pursuant to paragraph c3
of this section, that one or more of the reasons for denial of preferential tariff treatment under paragraph c2 of this section continues to apply. In addition to the contents of the determination set forth in paragraph a of this section, unless CBP determines that there is a pattern of conduct of false or unsupported representations pursuant to 182.76, a negative determination of origin will provide the exporter or producer with the information necessary to file a protest as provided for in 19 U.S.C. 1514e and part 174 of this chapter.
53. Add 182.76 to subpart G to read as follows:
182.76 Repeated false or unsupported preference claims.

Where the verification reveals a pattern of conduct by the importer, exporter, or producer of false or unsupported representations relevant to a claim that a good imported into the United States qualifies for preferential tariff treatment under the USMCA, CBP
may withhold preferential tariff treatment under the USMCA for entries of identical goods covered by subsequent statements, declarations, or certifications by that importer, exporter, or producer until CBP determines that representations of that person are in conformity with this part and with General Note 11, HTSUS.

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54. Revise subpart J consisting of 182.111 through 182.112 to read as follows:

Subpart JCommercial Samples and Goods Returned after Repair or Alteration Sec.
182.111 Commercial samples of negligible value.
182.112 Goods re-entered after repair or alteration in Canada or Mexico.
182.111 Commercial samples of negligible value.

a General. Commercial samples of negligible value imported from Canada or Mexico may qualify for duty-free entry under subheading 9811.00.60, HTSUS. For purposes of this section, commercial samples of negligible value means commercial samples which have a value, individually or in the aggregate as shipped, of not more than one U.S. dollar, or the equivalent amount in the currency of Canada or Mexico, or which are so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples.
b Qualification for duty-free entry.
Commercial samples of negligible value imported from Canada or Mexico will qualify for duty-free entry under subheading 9811.00.60, HTSUS, only if:
1 The samples are imported solely for the purpose of soliciting orders for foreign goods or services; and 2 If valued over one U.S. dollar, the samples are properly marked, torn, perforated or otherwise treated prior to arrival in the United States so that they are unsuitable for sale or for use except as commercial samples.
182.112 Goods re-entered after repair or alteration in Canada or Mexico.

a General. This section sets forth the rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Canada or Mexico as provided for in subheadings 9802.00.40 and 9802.00.50, HTSUS. Goods returned after having been repaired or altered in Canada or Mexico, regardless of whether the repair or alteration could be performed in the United States or has increased the value of the good and regardless of their origin, are eligible for duty-free treatment, provided that the requirements of this section are met. For purposes of this section, repairs or alterations means restoration, addition, renovation, re-dyeing, cleaning, resterilizing, or other treatment that does not destroy the essential characteristics of, or create a new or commercially
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