Customs and Excise Rules > Chapter V : Clearance and Origin of Goods: Liability for and payment of duties > Rules for Section 46A of the Act > Part 1 : Preferential tariff treatment of textile and apparel articles imported directly into the territory of the United States of America from the Republic as contemplated in the African Growth and Opportunity Act (the AGOA)

46A1.08

(a)	19 CFR 10.216 (d) provides as follows in respect of the importations into the US for which and the conditions on which a certificate of origin is not required:

"(1)	Expect as otherwise provided in paragraph (d)(2) of this section, an importer is not required to have a Certificate of Origin in his possession for:

(i)	an importation of an article for which the port director has in writing waived the requirement for a Certificate of Origin because the port director is otherwise satisfied that the article qualifies for preferential treatment;

(ii)	a non-commercial importation of an article; or

(iii)

a commercial importation of an article whose value does not exceed US$2 500, provided that, unless waived by the port director, the producer, exporter, importer or authorized agent includes on, or attaches to, the invoice or other document accompanying the shipment the following signed statement:

I hereby certify that the article covered by this shipment qualifies for preferential treatment under the AGOA.

Check One:

(……………) Producer

(……………) Exporter

(……………) Importer

(……………) Agent

………………………………………………………………

Name

………………………………………………………………

Title

………………………………………………………………

Address

………………………………………………………………

Signature & Date

(2)

Exception: If the port director determines that an importation described in paragraph (d)(1) of this section forms part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding a Certificate of Origin requirement under §§10.214 through 10.216, the port director will notify the importer in writing that for that importation the importer must have in his possession a valid Certificate of Origin to support the claim for preferential treatment. The importer will have 30 calendar days from the date of the written notice to obtain a valid Certificate of Origin, and a failure to timely obtain the Certificate of Origin will result in denial of the claim for preferential treatment. For purposes of this paragraph, a "series of importations" means two or more entries covering articles arriving on the same day from the same exporter and consigned to the same person."

(b)	For the purposes of implementing the provisions specified in paragraph (a) in respect of a commercial exportation for which a certificate of origin is not required every exporter shall:

(i)	ensure that the goods comply with the relevant provisions of origin at the time of export;

(ii)	be in possession of the records and documents proving the originating status of the goods exported;

(iii)

use serially numbered commercial invoices;

(iv)	insert a reference number or other particulars on any invoice, delivery note or other commercial document according to which the goods can be readily identified in such records and documents;

(v)	describe the goods on such invoice and any delivery note or other commercial document with sufficient detail to enable them to be identified and for the purposes of determination of the tariff subheading to the 6-digit level;

(vi)	insert on any such document the applicable tariff subheading which must correspond with the subheading on the export bill of entry;

(vii)

indicate clearly on such documents by means of an asterisk and statement goods which are not of preferential origin;

(viii)

insert on the commercial invoice and such other documents and the copies thereof the declaration specified in paragraph (a), which shall bear the original signature of the exporter.

(c)	The commercial invoice concerned and the copy thereof, which are required to be submitted with the application for a visa as contemplated in rule 46A1.05, shall in addition contain, where applicable, a statement that the article is non-commercial.

(d)

(i)	Where a certificate of origin is required in the circumstances specified in 19 CFR 10.216(d)(2)—

(aa)	the exporter shall furnish to the officer designated to perform the administration of the rules of origin function at the office of the Controller an explanation of the circumstances which resulted in the United States Customs Service requiring a certificate of origin;

[Rule 46A1.08(d)(i)(aa) substituted by paragraph (w) of Notice No. R. 1472 dated 22 December 2017]

(bb)	the provisions of rule 46A1.07(b)(v)(bb), (cc) and (dd) shall mutatis mutandis apply if the articles exported in terms of the provisions of this rule are found not to have qualified for preferential tariff treatment.

Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter V : Clearance and Origin of Goods: Liability for and payment of duties

Rules for Section 46A of the Act

Part 1 : Preferential tariff treatment of textile and apparel articles imported directly into the territory of the United States of America from the Republic as contemplated in the African Growth and Opportunity Act (the AGOA)

Certificate of origin not required