The benefits of free trade agreements are not transferable. Just because a product may be eligible for a free trade agreement does not necessarily mean that it must be the case for another FTA (or that a product may qualify under another rule). Therefore, exporters should not use the same certificate for shipments to different FTA countries. Licences may be issued on the basis of the manufacturer`s or exporter`s knowledge that the product is originating; or, for the exporter, appropriate confidence in the manufacturer`s written or electronic attestation that the good is originating. FTA certificates/declarations are certified by a party that is aware of the transaction. In general, it is the exporter of the product. The exporter may or may not be the producer. However, the manufacturer is in the best position to have the necessary knowledge about the qualification of a product according to the rules of origin (ROO), as highlighted in the FTA article. Therefore, a producer may be asked to obtain an FTA certificate or declaration, even if he is not the exporter. Any exporting party may require an FHA certificate/declaration.
For example, a U.S. producer may be solicited by an exporter (if the exporter is not the manufacturer), by a distributor, an importer, or a customs authority. In some cases, even if your importer does not claim the FTA tariff, they may ask you to provide information proving the origin of your product. A free-form certification can be used as an alternative to the presentation of the Certificate of Origin by Korean producers and exporters, as well as by US importers, if it is confirmed that their products meet the requirements of the Korean Free Trade Agreement. If you have completed a certificate of origin but are unable to prove the originating status of the goods listed therein, you must inform all consignees and the exporting country. Certificates should not be provided just because someone is asking. You should only present a certificate if the product meets the requirements of the FTA. The product must be evaluated and qualified for each free trade agreement based on its specific rules of origin. Many are similar, sometimes identical, but everyone needs to be examined. Not all FTA certificates/declarations require the use of specific character codes for preferential criteria. For example, don`t write preference criterion B on a Korean free trade agreement just because it was the letter criterion used to send NAFTA. Korea FTA Text: The full text of the agreement.
FTA certificates or declarations should only be issued if your property is qualified for ESTV. Not all FTA agreements require specific forms. There is a special NAFTA certificate (CBP 434) for qualified shipments to Canada and Mexico. Many other FTA partners may accept declarative statements containing certain data elements, including information about how the product qualifies for an FTA. However, importers may continue to require exporters to use a particular format. While the form/format is optional, the information is required to allow the importer to apply for preferential tariff treatment. Although there is no form required for the certificate of origin, the minimum elements must be included: information proving that the object is originating; see FTA Rules of Origin. .