§ 10.237. Verification and justification of claim for preferential tariff treatment.
488 words·~2 min read·
/us/cfr/t19/s§ 10.237·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Verification by Customs. A claim for preferential tariff treatment made under § 10.235, including any statements or other information contained on a Certificate of Origin submitted to Customs under § 10.236, will be subject to whatever verification the Center director deems necessary. In the event that the Center director for any reason is prevented from verifying the claim, the Center director may deny the claim for preferential tariff treatment. A verification of a claim for preferential tariff treatment may involve, but need not be limited to, a review of:
(1)All records required to be made, kept, and made available to Customs by the importer or any other person under part 163 of this chapter;
(2)Documentation and other information in a CBTPA 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 production, and the number of workers employed in production; and
(3)Evidence in a CBTPA beneficiary country to document the use of U.S. materials in the production of the article in question, such as purchase orders, invoices, bills of lading and other shipping documents, and customs import and clearance documents.
(b)Importer requirements. In order to make a claim for preferential tariff treatment under § 10.235, the importer:
(1)Must have records that explain how the importer came to the conclusion that the article qualifies for preferential tariff treatment. Those records must include documents that support a claim that the article in question qualifies for preferential tariff treatment because it meets the applicable rule of origin set forth in General Note 11, HTSUS, and in part 182, appendix A of this chapter. A properly completed Certificate of Origin in the form prescribed in § 10.236(b) is a record that would serve this purpose;
(2)Must establish and implement internal controls which provide for the periodic review of the accuracy of the Certificate of Origin or other records referred to in paragraph (b)(1) of this section;
(3)Must have shipping papers that show how the article moved from the CBTPA beneficiary country to the United States. If the imported article was shipped through a country other than a CBTPA beneficiary country and the invoices and other documents from the CBTPA beneficiary country do not show the United States as the final destination, the importer also must have documentation that demonstrates that the conditions set forth in § 10.233(d)(3)(i) through
(iii)were met; and
(4)Must be prepared to explain, upon request from CBP, how the records and internal controls referred to in paragraphs (b)(1) through
(3)of this section justify the importer's claim for preferential tariff treatment. \[T.D. 00-68, 65 FR 59663, Oct. 5, 2000, as amended by CBP Dec. 24-18, 90 FR 6480, Jan. 17, 2025; CBP Dec. 25-12, 90 FR 43157, Sept. 8, 2025\]
Connections2 cite this
Cited by 2 sections · top 1
Citation graph
cites case law
§ 10.237
Verification and justification of claim for preferential tariff treatment.
Fed. Reg.×2
Cites 0Cited by 2 across 1 source