---
kind: "range"
citation: "19 C.F.R. §§ 10.244–10.246"
title: "19"
from: "10.244"
to: "10.246"
count: 3
url: "https://uscodex.org/cfr/19/10.244..10.246"
---

# §10.244. Certificate of Origin.

- (a) **General.** A Certificate of Origin must be employed to certify that an apparel or other textile article being exported from an ATPDEA beneficiary country to the United States qualifies for the preferential treatment referred to in [§ 10.241](/cfr/19/10.241.md). The Certificate of Origin must be prepared in the ATPDEA beneficiary country by the producer or exporter or by the producer's or exporter's authorized agent in the format specified in [paragraph (b)](#b) of this section. If the person preparing the Certificate of Origin is not the producer of the article, the person may complete and sign a Certificate of Origin on the basis of:
  - (1) The person's reasonable reliance on the producer's written representation that the article qualifies for preferential treatment; or
  - (2) A completed and signed Certificate of Origin for the article voluntarily provided to the person by the producer.
- (b) **Form of Certificate.** The Certificate of Origin referred to in [paragraph (a)](#a) of this section must be in the following format:
- (c) **Preparation of Certificate.** The following rules will apply for purposes of completing the Certificate of Origin set forth in [paragraph (b)](#b) of this section:
  - (1) Blocks 1 through 5 pertain only to the final article exported to the United States for which preferential treatment may be claimed;
  - (2) Block 1 should state the legal name and address (including country) of the exporter;
  - (3) **Block 2 should state the legal name and address (including country) of the producer.** If there is more than one producer, attach a list stating the legal name and address (including country) of all additional producers. If this information is confidential, it is acceptable to state “available to Customs and Border Protection (CBP) upon request” in block 2. If the producer and the exporter are the same, state “same” in block 2;
  - (4) Block 3 should state the legal name and address (including country) of the importer;
  - (5) **Block 4 should provide a full description of each article.** The description should be sufficient to relate it to the invoice description and to the description of the article in the international Harmonized System. Include the invoice number as shown on the commercial invoice or, if the invoice number is not known, include another unique reference number such as the shipping order number;
  - (6) In block 5, insert the letter that designates the preference group which applies to the article according to the description contained in the CFR provision cited on the Certificate for that group;
  - (7) Blocks 6 through 9 must be completed only when the block in question calls for information that is relevant to the preference group identified in block 5;
  - (8) Block 6 should state the legal name and address (including country) of the fabric producer;
  - (9) Block 7 should state the legal name and address (including country) of the yarn producer;
  - (10) Block 8 should state the name of the folklore article or should state that the article is handloomed or handmade of handloomed fabric;
  - (11) Block 9 should be completed if the article described in block 4 incorporates a fabric or yarn described in preference group C or D and should state the name of the fabric or yarn that has been considered as being in short supply in the NAFTA or that has been designated as not available in commercial quantities in the United States. Block 9 also should be completed if preference group E or I applies to the article described in block 4 and the article incorporates a fabric or yarn described in preference group C or D;
  - (12) Block 10 must contain the signature of the producer or exporter or the producer's or exporter's authorized agent having knowledge of the relevant facts;
  - (13) Block 14 should reflect the date on which the Certificate was completed and signed;
  - (14) Block 15 should be completed if the Certificate is intended to cover multiple shipments of identical articles as described in block 4 that are imported into the United States during a specified period of up to one year (see [§ 10.246(b)(4)(ii)](/cfr/19/10.246.md?p=b-4-ii)). The “from” date is the date on which the Certificate became applicable to the article covered by the blanket Certificate (this date may be prior to the date reflected in block 14). The “to” date is the date on which the blanket period expires; and
  - (15) The Certificate may be printed and reproduced locally. If more space is needed to complete the Certificate, attach a continuation sheet.

# §10.245. Filing of claim for preferential treatment.

- (a) **Declaration.** In connection with a claim for preferential treatment for an apparel or other textile article described in [§ 10.243](/cfr/19/10.243.md), the importer must make a written declaration that the article qualifies for that treatment. The inclusion on the entry summary, or equivalent documentation, of the subheading within Chapter 98 of the HTSUS under which the article is classified will constitute the written declaration. Except in any of the circumstances described in [§ 10.246(d)(1)](/cfr/19/10.246.md?p=d-1), the declaration required under this paragraph must be based on a Certificate of Origin that has been completed and properly executed in accordance with [§ 10.244](/cfr/19/10.244.md), 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.

# §10.246. Maintenance of records and submission of Certificate by importer.

- (a) **Maintenance of records.** Each importer claiming preferential treatment for an article under [§ 10.245](/cfr/19/10.245.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 a copy of the Certificate of Origin referred to in [§ 10.245(a)](/cfr/19/10.245.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 treatment on an apparel or other textile article under [§ 10.245(a)](/cfr/19/10.245.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 in writing or must be transmitted electronically through any electronic data interchange system authorized by CBP for that purpose;
  - (2) If in writing, must be signed by the producer or exporter or the producer's or 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 CBP 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 blanket period, not to exceed 12 months, set out in the Certificate by the exporter. For purposes of this paragraph and [§ 10.244(c)(14)](/cfr/19/10.244.md?p=c-14), “identical articles” means articles that are the same in all material respects, including physical characteristics, quality, and reputation.
- (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 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 [§§ 10.244 through 10.246](/cfr/19/10.244..10.246.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 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.