19 C.F.R. § 10.173

Evidence of country of origin

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(a) Shipments covered by a formal entry—(1) Merchandise not wholly the growth, product, or manufacture of a beneficiary developing country—(i) Declaration. In a case involving merchandise covered by a formal entry which is not wholly the growth, product, or manufacture of a single beneficiary developing country, the exporter of the merchandise or other appropriate party having knowledge of the relevant facts shall be prepared to submit directly to the Center director, upon request, a declaration setting forth all pertinent detailed information concerning the production or manufacture of the merchandise. When requested by the Center director, the declaration shall be prepared in substantially the following form:

GSP DECLARATION 　I, __________(name), hereby declare that the articles described below were produced or manufactured in ________________ (country) by means of processing operations performed in that country as set forth below and were also subjected to processing operations in the other country or countries which are members of the same association of countries as set forth below and incorporate materials produced in the country named above or in any other country or countries which are members of the same association of countries as set forth below:

Number and date of invoices	Description of articles and quantity	Processing operations performed on articles		Materials produced in a beneficiary developing country or members of the same association
Number and date of invoices	Description of articles and quantity	Description of processing operations and country of processing	Direct costs of processing operations	Description of material, production process, and country of production	Cost or value of material

Date

Address

Signature

Title

(ii) Retention of records and submission of declaration. The information necessary for preparation of the declaration shall be retained in the files of the party responsible for its preparation and submission for a period of 5 years. In the event that the Center director requests submission of the declaration during the 5-year period, it shall be submitted by the appropriate party directly to the Center director within 60 days of the date of the request or such additional period as the Center director may allow for good cause shown. Failure to submit the declaration in a timely fashion will result in a denial of duty-free treatment.

(2) Merchandise wholly the growth, product, or manufacture of a beneficiary developing country. In a case involving merchandise covered by a formal entry which is wholly the growth, product, or manufacture of a single beneficiary developing country, a statement to that effect shall be included on the commercial invoice provided to Customs.

(b) Shipments covered by an informal entry. Although the filing of the declaration provided for in paragraph (a)(1)(i) of this section will not be required for a shipment covered by an informal entry, the Center director may require such other evidence of country of origin as deemed necessary.

(c) Verification of documentation. Any evidence of country of origin submitted under this section shall be subject to such verification as the Center director deems necessary. In the event that the Center director is prevented from obtaining the necessary verification, the Center director may treat the entry as dutiable.

[T.D. 94-47, 59 FR 25569, May 17, 1994]

Notes of Decisions

Cited in 5 cases, 1981–2016 · leading case: Zojirushi Am. Corp. v. United States, 2016 CIT 78 (Ct. Intl. Trade 2016).

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Zojirushi Am. Corp. v. United States, 2016 CIT 78 (Ct. Intl. Trade 2016). “173(a)(2) In arguing that the Customs decisions made upon liquidation were not the proper subjects of a protest in this case, defendant also relies on 19 C.F.R § 10.173(a)(2), which provides that “[i]n a case involving merchandise covered by a formal entry which is wholly the…”

Audiovox Corp. v. United States, 598 F. Supp. 387 (Ct. Intl. Trade 1984). “The Forms A must be filed to support an importer’s claim for GSP treatment, 19 C.F.R. § 10.173 , and a GSP claim may be allowed only if the district director is satisfied that this requirement has been fulfilled.”

Polly U.S.A., Inc. v. United States, 637 F. Supp. 2d 1226 (Ct. Intl. Trade 2009). “” 19 C.F.R. § 10.173 (e) (2008). Here, the port director required Polly to submit various records to establish that the unisex medical uniforms were fully manufactured in Swaziland.”

House of Ideas, Inc. v. United States, 2 Ct. Int'l Trade 68 (Ct. Intl. Trade 1981). · cites it 4× “19 CFR 10.173 (1980) entitled “Evidence of the Country of Origin,” regarding the Generalized System of Preferences Certificate of Origin form “A,” states in plain English that the form shall be filed with the district director, “as evidence of the country of origin.”

Leather's Best v. United States, 10 Ct. Int'l Trade 321 (Ct. Intl. Trade 1986). “” 19 C.F.R. § 10.173 (aX5). The court interprets Customs’ use of the word "unwilling” as an inability on the part of the district director to be so satisfied, rather than as a refusal to be so satisfied.”

— 19 C.F.R. § 10.173(a)(1) — 1 case

House of Ideas, Inc. v. United States, 2 Ct. Int'l Trade 68 (Ct. Intl. Trade 1981). “19 CFR 10.173 (1980) entitled “Evidence of the Country of Origin,” regarding the Generalized System of Preferences Certificate of Origin form “A,” states in plain English that the form shall be filed with the district director, “as evidence of the country of origin.”

— 19 C.F.R. § 10.173(a)(2) — 1 case

— 19 C.F.R. § 10.173(a)(4) — 1 case

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