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)

Origin verifications by US Customs Service

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46A1.11

(a)For the purposes of section 46A(3)(b), the US Customs Service may, to determine whether goods imported into the US from the Republic or any other beneficiary country qualify for preferential tariff treatment, conduct a verification by means of—
(i)written questionnaires to an exporter or producer;
(ii)visits to the remises of an exporter or producer to review the records and observe the facilities used in production of the articles; or
(iii)such other procedure as the Commissioner and the US Customs Service may agree. (Article 506(1) of NAFTA)
(b)Such verification of a claim for preferential treatment may involve, but need not be limited to, a review of:
(i)documentation and other information in a beneficiary country regarding the country of origin of an article and its constituent materials, including but not limited to, production records, information relating to the place of production, the number and identification of the types of machinery used in the production, and the number of workers employed in production; and
(ii)evidence in a beneficiary country to document the use of US materials and materials of other origin in the production of the articles in question, such as purchase orders, invoices, bills of lading and other shipping documents, and customs import and export clearance documents. (19 CFR 10.217(a))
(c)The manager responsible for the administration of the rules of origin section in Head Office shall for the purposes of giving effect to any enactment be responsible for rendering assistance to US Customs Service in respect of such verifications and in accordance with the Agreement between the Government of the Republic of South Africa and the Government of the United States of America regarding Mutual Assistance between their Customs Administrations.

[Rule 46A1.11(c) substituted by paragraph (aa) of Notice No. R. 1472 dated 22 December 2017]