Although the ultimate responsibility for the declaration rests with the importer, the information necessary to support the declaration must be provided by the manufacturer. The written statement that the products originated may be provided by the exporter, importer or manufacturer of the products. To get the rate reduced immediately, that`s right. However, the importer has another option. The importer may pay the non-preferential duties at the time of customs clearance of the goods and has one year from the date of importation to request reimbursement of excessive duties. This may be the case when the information necessary to establish that the goods are originating is not available at the time of transfer. Chile`s Free Trade Agreement (CLFTA) came into force on 1 January 2004. Under the agreement, most Chilean products arrive duty-free in the United States and Processing Fee (MPF) and virtually all have entered free of charge until its full implementation in 2015. The Australia-Chile Free Trade Agreement (ACl-FTA) came into force on March 6, 2009. Under the ACL-FTA, goods classified as products of Chilean origin that meet the requirements of the ACl-FTA rules of origin may enter Australia at preferential rates. The same rules of origin apply to Australian products entering Chile. In some cases, a considerable amount of research on inputs in the manufacture of products is needed to determine its origin.
Many exporters and importers believe that the declaration of origin only takes place at the time of customs clearance, which creates a sense of urgency when determining the origin of the goods. Once an exporter/producer issues a certificate of origin (whether it is an importer or a Chilean right), one of the parties to a transaction may be warned that the basis for the right to inaccurate information has been established or that the certificate of origin contains some kind of error. Where the certificate has been issued by an exporter or manufacturer, it is the responsibility of the exporter or manufacturer of the certificate to inform without delay in writing any person to whom it has been issued of any modification that would impair the accuracy or validity of the certificate. While unpaid duties must be paid to the customs authority when something is no longer considered originating, the customs authority cannot impose sanctions on the issuer of the certificate of origin when such action is taken. As a general rule, a certificate of origin can take many forms. For example, a statement on the company`s letterhead, a commercial invoice statement or an official certificate of origin. Although no formal form is required to prove the origin of the U.S.-Chile free trade agreement, Chilean Customs has released a list of the necessary data elements. These data elements and a model certificate of origin are available on the link below.