--- kind: "range" citation: "19 C.F.R. §§ 10.234–10.236" title: "19" from: "10.234" to: "10.236" count: 3 url: "https://uscodex.org/cfr/19/10.234..10.236" --- # §10.234. Certificate of Origin. A Certificate of Origin as specified in [§ 10.236](/cfr/19/10.236.md) must be employed to certify that an article described in [§ 10.233(a)(1) through (5)](/cfr/19/10.233.md?p=a-1..a-5) being exported from a CBTPA beneficiary country to the United States qualifies for the preferential tariff treatment referred to in [§ 10.231](/cfr/19/10.231.md). The Certificate of Origin must be prepared by the exporter in the CBTPA beneficiary country. Where the CBTPA beneficiary country exporter is not the producer of the article, that exporter may complete and sign a Certificate of Origin on the basis of: - (a) Its reasonable reliance on the producer's written representation that the article qualifies for preferential tariff treatment; or - (b) A completed and signed Certificate of Origin for the article voluntarily provided to the exporter by the producer. # §10.235. Filing of claim for preferential tariff treatment. - (a) **Declaration.** In connection with a claim for preferential tariff treatment for an article described in [§ 10.233(a)(1) through (5)](/cfr/19/10.233.md?p=a-1..a-5), the importer must make a written declaration that the article qualifies for that treatment. The written declaration should be made by including on the entry summary, or equivalent documentation, the symbol “R” as a prefix to the subheading of the HTSUS under which the article in question is classified. Except in any of the circumstances described in [§ 10.236(d)(1)](/cfr/19/10.236.md?p=d-1), the declaration required under this paragraph must be based on a complete and properly executed original Certificate of Origin that covers the article being imported and that is in the possession of the importer. - (b) **Corrected declaration.** If, after making the declaration required under [paragraph (a)](#a) of this section, the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct, the importer must within 30 calendar days after the date of discovery of the error make a corrected declaration and pay any duties that may be due. A corrected declaration will be effected by submission of a letter or other written statement to CBP, either at the port of entry or electronically. # §10.236. Maintenance of records and submission of Certificate by importer. - (a) **Maintenance of records.** Each importer claiming preferential tariff treatment for an article under [§ 10.235](/cfr/19/10.235.md) must maintain in the United States, in accordance with the provisions of [part 163](/cfr/19/part163.md) of this chapter, all records relating to the importation of the article. Those records must include the original Certificate of Origin referred to in [§ 10.235(a)](/cfr/19/10.235.md?p=a) and any other relevant documents or other records as specified in [§ 163.1(a)](/cfr/19/163.1.md?p=a) of this chapter. - (b) **Submission of Certificate.** An importer who claims preferential tariff treatment on an article under [§ 10.235(a)](/cfr/19/10.235.md?p=a) must provide, at the request of the Center director, a copy of the Certificate of Origin pertaining to the article. A Certificate of Origin submitted to CBP under this paragraph: - (1) Must be on CBP Form 450, including privately-printed copies of that Form, or, as an alternative to CBP Form 450, in an approved computerized format or other medium or format as is approved by the Office of International Trade, U.S. Customs and Border Protection, Washington, DC 20229. An alternative format must contain the same information and certification set forth on CBP Form 450; - (2) Must be signed by the exporter or by the exporter's authorized agent having knowledge of the relevant facts; - (3) Must be completed either in the English language or in the language of the country from which the article is exported. If the Certificate is completed in a language other than English, the importer must provide to Customs upon request a written English translation of the Certificate; and - (4) **May be applicable to—** - (i) A single importation of an article into the United States, including a single shipment that results in the filing of one or more entries and a series of shipments that results in the filing of one entry; or - (ii) Multiple importations of identical articles into the United States that occur within a specified period, not to exceed 12 months, set out in the Certificate by the exporter. - (c) **Correction and nonacceptance of Certificate.** If the Center director determines that a Certificate of Origin is illegible or defective or has not been completed in accordance with [paragraph (b)](#b) of this section, the importer will be given a period of not less than five working days to submit a corrected Certificate. A Certificate will not be accepted in connection with subsequent importations during a period referred to in [paragraph (b)(4)(ii)](#b-4-ii) of this section if the Center director determined that a previously imported identical article covered by the Certificate did not qualify for preferential treatment. - (d) **Certificate not required—** - (1) **General.** Except as otherwise provided in [paragraph (d)(2)](#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 Center director has in writing waived the requirement for a Certificate of Origin because the Center director is otherwise satisfied that the article qualifies for preferential tariff 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 Center 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: - (2) **Exception.** If the Center director determines that an importation described in [paragraph (d)(1)](#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 [§§ 10.234 through 10.236](/cfr/19/10.234..10.236.md), the Center 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 tariff 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 tariff 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.