AAR denies APTA preferential duty for third-party invoicing u/rr of Origin 2-6, 8 lacking authorization

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AAR held that the applicant is not entitled to preferential customs duty under APTA for imports involving third-party invoicing. It found that the APTA Rules of Origin (Rules 2-6, 8) require originating status, direct consignment, and a valid Certificate of Origin, but contain no substantive provision authorizing third-country invoicing or third-country trade. The reference to "third-party trade" in the Certificate of Origin completion notes and administrative Instruction No. 23/2024 was treated as merely procedural and incapable of enlarging treaty-based benefits. Applying strict construction of taxing statutes, AAR ruled that, absent explicit treaty authorization, third-party invoicing cannot support APTA preferential duty.....