Proof of origin
A claim to preferential tariff quota treatment must be based on either:
- Importer’s knowledge, or
- an origin declaration completed by the importer. This must have the same evidential basis as importer’s knowledge.
An origin declaration:
- may apply to a single shipment, or
- multiple shipments of identical goods within any period specified in the origin declaration, but not exceeding 12 months
- shall be valid for two years after the date that it was issued
- need not follow a prescribed format
- must be in writing, including electronic format
- must specify that the good is both originating and meets the requirements of the US Origin Reference Document; and
- must contain the following minimum set of data (Minimum Data Requirements):
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Importer - Provide the importer’s name, address, telephone number and e-mail address. The address of the importer will be in the UK.
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Exporter - Provide the exporter’s name and address. The address of the exporter shall be the place of export of the good in the US.
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Producer - Provide the producer’s name and address if different from the exporter or, if there are multiple producers, state “Various” or provide a list of producers. The address of a producer shall be the place of production of the good in the US.
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Certifier - Provide the certifier’s name, address, e-mail address and telephone number if different from the importer. The address of the certifier shall be in the UK.
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Description and HS Tariff Classification of the Good- Provide a description of the good and the HS tariff classification of the good to the 6-digit level. The description should be sufficient to relate it to the good covered by the certification;
and If the certification of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.
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Origin Criterion - Specify the rule of origin under which the good qualifies.
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Blanket period - Include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 12 of the US Origin Reference Document.
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Authorised Signature and Date - The certification must be signed and dated by the importer and accompanied by the following statement:
I declare that the goods described in this document qualify as originating in the United States of America and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request documentation necessary to support this origin declaration.
Basis for Importers Knowledge or an Origin Declaration
Importer’s knowledge or an origin declaration shall be based on the importer having documentation demonstrating that the good is originating. That documentation may have been provided to the importer by the exporter, producer, or any other person.
The documentation shall evidence:
- if the origin criterion was based on a specific production process, a clear and detailed description of that process
- if applicable, a description of the originating and non-originating materials used in the production process
- if the origin criterion was ‘wholly obtained’, the applicable category (such as products from live animals born and raised there, harvesting, mining, or fishing and the place of production)
- if the origin criterion was based on a value method, the value of the product as well as the value of either (or both) all the non-originating or originating materials used in the production
- if the origin criterion was based on weight, the weight of the product as well as the weight of either (or both) the relevant non-originating or originating materials used in the production
- if the origin criterion was based on a change in the commodity code used to classify goods, a list of all the non-originating materials including their commodity code under the Harmonised System (in 2, 4 or 6-digit format depending on the origin criterion)
- the information relating to the compliance with the provision on non-alteration (if applicable), for example a certificate of non-manipulation from the Customs Authority in the country of transit, or any relevant commercial documentation demonstrating compliance with this provision
Access to these preferential quotas will depend on the importer being able to present this information on request at the time the claim is made.
Record keeping
Under the US agreement, an importer/certifier who completes an origin declaration must maintain documentation relating to the origin declaration and all records necessary to demonstrate that the good is originating for a period no less than five years from the date of the claim to preferential tariff quota.
Records can be retained in either hard copy or electronic format.
Claiming US preferential quotas on the Customs Declaration Service (CDS)
To claim preference under the UK-US Economic Prosperity Deal declarants must complete the following Data Elements (DE) as directed:
DE 2/3
Enter U112 (Importer’s Knowledge) to declare the proof of origin together with the appropriate status code. When claiming these US preferential quotas this code also covers an origin declaration made out by the importer.
DE 4/17
Enter the appropriate preference code from the 300 series.
DE 5/16
Enter the country code US.
Further information on completing the data elements can be found here.
More information
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