the trans-paciﬁc partnership comparison vol. 11 a side … side by side chapter 4.… · a...

The Trans-Pacific Partnership A Side-By-Side Comparison with:

The United States - Colombia Trade Promotion Agreement of 2012

The United States - Korea Free Trade Agreement of 2012

The United States - Peru Free Trade Agreement of 2009

Comparison Vol. 11

TPP Chapter 4 - Textiles and Apparel

Trans‐Pacific Partnership Side‐by‐Side: TPP Chapter 4 ‐ Textiles and Apparel

Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)Chapter 4 ‐ Textiles and Apparel Chapter 3 ‐ Textiles and Apparel1 Chapter 4 ‐ Textiles and Apparel Chapter 3 ‐ Textiles and Apparel1

Footnote 1 For greater certainty, the obligations in Chapter Two (National Treatment and Market Access for Goods) with respect to trade in goods between the Parties apply to trade in textile and apparel goods between the Parties.

Footnote 1 For greater certainty, the obligations in Chapter Two (National Treatment and Market Access for Goods) with respect to trade in goods between the Parties apply to trade in textile and apparel goods between the Parties.

Article 4.1: Definitions Article 3.5: Definitions ARTICLE 4.5: DEFINITIONS Article 3.5: Definitions For purposes of this Chapter: For purposes of this Chapter: For purposes of this Chapter: For purposes of this Chapter:

Agreement on Textiles and Clothing means the Agreement on Textiles and Clothing, contained in Annex 1A to the WTO Agreement;

claim of origin means a claim that a textile or apparel good is an originating good or satisfies the non‐preferential rules of origin of a Party;

claim of origin means a claim that a textile or apparel good is an originating good or a good of a Party;

claim of origin means a claim that a textile or apparel good is an originating good or satisfies the non‐preferential rules of origin of a Party;

exporting Party means the Party from whose territory a textile or apparel good is exported;



importing Party means the Party into whose territory a textile or apparel good is imported;



input means a fiber, yarn, or fabric used in the production of a textile or apparel good;

input means a fiber, yarn, or fabric used in the production of a textile or apparel good;

interested entity means a Party, an actual or potential purchaser of a textile or apparel good, or an actual or potential supplier of a textile or apparel good;

interested entity means a Party, an actual or potential purchaser of a textile or apparel good, or an actual or potential supplier of a textile or apparel good;

small‐ or medium‐sized enterprise means an enterprise that employs fewer than 50 employees;

textile or apparel good means a good listed in Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin).

textile or apparel good means a good listed in the Annex to the WTO Agreement on Textiles and Clothing, except for those goods listed in Annex 3‐C;

textile or apparel good means a good listed in the Annex to the Agreement on Textiles and Clothing; and

textile or apparel good means a good listed in the Annex to the WTO Agreement on Textiles and Clothing, except for those goods listed in Annex 3‐C;

customs offence means any act committed for the purpose of, or having the effect of, avoiding a Party’s laws or regulations pertaining to the terms of this Agreement governing importations or exportations of textile or apparel goods amongst the Parties, specifically those that violate a customs law or regulation for restrictions or prohibitions on imports or exports, duty evasion, falsification of documents relating to the importation or exportation of goods, fraud or smuggling.

textile safeguard measure means a measure applied under Article 3.1; and

textile safeguard measure means a measure applied under Article 3.1; and

Prepared by the Law Offices of Stewart and Stewart Page 1 of 31


Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)transition period means the period beginning at entry into force of the Agreement between the Parties concerned until five years after the date on which the importing Party eliminates duties on that good for that exporting Party pursuant to this Agreement.

transition period means the five‐year period beginning on the date of entry into force of this Agreement.

transition period means the five‐year period beginning on the date of entry into force of this Agreement.

transshipped means the removal of a good from the conveyance on which it was brought into the territory of a Party and the placement of the good on the same or another conveyance for the purpose of taking it out of the territory of the Party.

Article 4.2: Rules of Origin and Related Matters Article 3.3: Rules of Origin, Origin Procedures, and Related Matters

Article 4.2: Rules of Origin and Related Matters Article 3.3: Rules of Origin, Origin Procedures, and Related Matters

Application of Chapter 4 Application of Chapter Six 1. Except as provided in this Chapter, including the Annexes thereto, Chapter 3 (Rules of Origin and Origin Procedures) applies to textile and apparel goods.

1. Except as provided in this Article and the Annexes to this Chapter, Chapter Four (Rules of Origin and Origin Procedures) applies with respect to textile and apparel goods.

1. Except as provided in this Chapter, including Annexes 4‐A and 4‐B, Chapter Six (Rules of Origin and Origin Procedures) applies to textile or apparel goods.

1. Except as provided in this Article and the Annexes to this Chapter, Chapter Four (Rules of Origin and Origin Procedures) applies with respect to textile and apparel goods.

2. The rules of origin set forth in this Agreement shall not apply in determining the country of origin of a textile or apparel good for non‐preferential purposes.

De Minimis De Minimis De Minimis De Minimis



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)2. A textile or apparel good in Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin) classified outside of Chapters 61 through 63 that is not an originating good because the materials used in the production of the good that do not undergo an applicable change in tariff classification set out in Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin), shall nonetheless be considered to be an originating good if the total weight of all such materials is not more than ten percent of the total weight of the good.

3. A textile or apparel good of Chapters 61 through 63 that is not an originating good because the fibers or yarns used in the production of the component of the good that determine the tariff classification of the good that do not undergo an applicable change in tariff classification set out in Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin), shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns is not more than ten per cent of the total weight of that component.

8. A textile or apparel good that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo the applicable change in tariff classification set out in Annex 3‐A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than ten percent of the total weight of that component.3

7. A textile or apparel good that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 4‐A shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than seven percent of the total weight of that component. Notwithstanding the preceding sentence, a good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed and finished in the territory of a Party.1

8. A textile or apparel good that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo the applicable change in tariff classification set out in Annex 3‐A, shall nonetheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than ten percent of the total weight of that component.3

Footnote 3 For greater certainty, when the good is a fiber, yarn, or fabric, the “component of the good that determines the tariff classification of the good” is all of the fibers in the yarn, fabric, or group of fibers.

Footnote 3 For greater certainty, when the good is a fiber, yarn, or fabric, the “component of the good that determines the tariff classification of the good” is all of the fibers in the yarn, fabric, or group of fibers.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)4. Notwithstanding paragraphs 2 and 3, a good of paragraph 2 containing elastomeric yarn or a good of paragraph 3 containing elastomeric yarn in the component of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed in the territory of one or more of the Parties.1 2

9. Notwithstanding paragraph 8, a good containing elastomeric yarns4 in the component of the good that determines the tariff classification of the good shall be originating only if such yarns are wholly formed in the territory of a Party.5

9. Notwithstanding paragraph 8, a good containing elastomeric yarns4 in the component of the good that determines the tariff classification of the good shall be originating only if such yarns are wholly formed in the territory of a Party.5

Footnote 1 For greater certainty, a Party shall not construe paragraph 4 to require a material on the short supply list to be produced from elastomeric yarns wholly formed in the territory of one or more of the Parties.

Footnote 4 For greater certainty, the term “elastomeric yarns” does not include latex.

Footnote 4 For greater certainty, the term “elastomeric yarns” does not include latex.

Footnote 2 For purposes of paragraph 4, wholly formed means all production processes and finishing operations, beginning with the extrusion of filaments, strips, film, or sheet, and including drawing to fully orient a filament or slitting a film or sheet into strip, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn.

Footnote 5 For purposes of this paragraph, “wholly formed” means that all the production process and finishing operations, starting with the extrusion of all filaments, strips, films, or sheets, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn, took place in the territory of the Party.

Footnote 1 For purposes of paragraph 7, wholly formed and finished means all production processes and finishing operations, beginning with the extrusion of filaments, strips, film, or sheet, and including drawing to fully orient a filament or slitting a film or sheet into strip, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn.

Footnote 5 For purposes of this paragraph, “wholly formed” means that all the production process and finishing operations, starting with the extrusion of all filaments, strips, films, or sheets, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn, took place in the territory of the Party.

Treatment of Sets Treatment of Sets Treatment of Sets Treatment of Sets 5. Notwithstanding the textile and apparel specific rules of origin set out in Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin), textile and apparel goods classifiable as goods put up in sets for retail sale as provided for in Rule 3 of the General Rules for the Interpretation of the Harmonized System shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non‐originating goods in the set does not exceed 10 percent of the value of the set.

10. Notwithstanding the specific rules of origin in Annex 3‐A textile or apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3 of the Harmonized System, shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non‐originating goods in the set does not exceed ten percent of the adjusted value of the set.

8. Notwithstanding the specific rules of origin set out in Annex 4‐A, textile or apparel goods classifiable under General Rule of Interpretation 3 of the Harmonized System as goods put up in sets for retail sale shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non‐originating goods in the set does not exceed ten percent of the customs value of the set.

10. Notwithstanding the specific rules of origin in Annex 3‐A textile or apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3 of the Harmonized System, shall not be regarded as originating goods unless each of the goods in the set is an originating good or the total value of the non‐originating goods in the set does not exceed ten percent of the adjusted value of the set.

6. For the purposes of paragraph 5: a) the value of non‐originating goods in the set is calculated in the same manner as the value of non‐originating materials in Chapter 3 (Rules of Origin and Origin Procedures) and



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)b) the value of the set is calculated in the same manner as the value of the good in Chapter 3 (Rules of Origin and Origin Procedures). Treatment of Short Supply List 7. Each Party shall provide that, for purposes of determining whether a good is originating under Chapter 3, Article 2(c), a material listed in Appendix 1 (Short Supply List) to Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin) is originating provided the material meets any requirement, including any end use requirement, specified in the Appendix 1 (Short Supply List) to Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin). 8. Where a claim that a good is originating relies on incorporation of a material on Appendix 1 (Short Supply List) to Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin), the importing Party may require in the importation documentation, such as a certification of origin, the number or description of the material on Appendix 1 (Short Supply List) to Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin). 9. Non‐originating materials marked as temporary in Appendix 1 (Short Supply List) to Annex A (Textiles and Apparel Product ‐ Specific Rules of Origin) may be considered as originating under paragraph 7 for 5 years from entry into force of this Agreement. Treatment for Certain Handmade or Folkloric Goods

Duty‐free Treatment for Certain Goods Duty‐free Treatment for Certain Goods

10. An importing Party may identify particular textile or apparel goods of an exporting Party to be eligible for duty‐free or preferential tariff treatment that the importing and exporting Parties mutually agree fall within:

12. An importing and an exporting Party may identify at any time particular textile or apparel goods of the exporting Party that they mutually agree are:

12. An importing and an exporting Party may identify at any time particular textile or apparel goods of the exporting Party that they mutually agree are:

(a) hand‐loomed fabrics of a cottage industry; (a) hand‐loomed fabrics; (a) hand‐loomed fabrics; (b) hand‐printed fabrics with a pattern created with a wax‐resistance technique; (c) hand‐made cottage industry goods made of such hand‐loomed or hand‐printed fabrics; or

(b) hand‐made goods made of such hand‐loomed fabrics;

(b) hand‐made goods made of such hand‐loomed fabrics;

(d) traditional folklore handicraft goods (c) traditional folklore handicraft goods; or (c) traditional folklore handicraft goods; or



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(d) handmade goods that substantially incorporate a historical or traditional regional design or motif.

(d) handmade goods that substantially incorporate a historical or traditional regional design or motif.

A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals, or people.

A historical or traditional regional design or motif includes, but is not limited to, depictions of traditional geometric patterns or native objects, landscapes, animals, or people.

provided that any requirements agreed by the importing and exporting Parties for such treatment are met.

13. The importing Party shall grant duty‐free treatment to goods identified pursuant to paragraph 12, if the competent authority of the exporting Party certifies such identification.

13. The importing Party shall grant duty‐free treatment to goods identified pursuant to paragraph 12, if the competent authority of the exporting Party certifies such identification.

Consultations on Rules of Origin Consultations Consultations on Rules of Origin 2. On request of a Party, the Parties shall, within 30 days after the request is delivered, consult on whether the rules of origin applicable to a particular textile or apparel good should be revised.

3. On the request of either Party, the Parties shall consult to consider whether the rules of origin applicable to a particular textile or apparel good should be revised to address issues of vailability of supply of fibers, yarns, or fabrics in the territories of the Parties.

1. On request of a Party, the Parties shall, within 30 days after the request is delivered, consult on whether the rules of origin applicable to a particular textile or apparel good should be revised.

3. Where the consultations referred to in paragraph 2 concern an input not available in commercial quantities, each Party shall consider all data that a Party presents demonstrating that there is substantial production in its territory of such input. The Parties shall consider that there is substantial production if a Party demonstrates that its domestic producers are capable of supplying commercial quantities of the input to the Parties in a timely manner.

4. In the consultations referred to in paragraph 3, each Party shall consider all data presented by the other Party that demonstrate substantial production in its territory of a particular fiber, yarn, or fabric. The Parties shall consider that there is substantial production if a Party demonstrates that its domestic producers are capable of supplying commercial quantities of the fiber, yarn, or fabric in a timely manner.

2. Where the consultations referred to in paragraph 2 concern an input not available in commercial quantities, each Party shall consider all data that a Party presents demonstrating that there is substantial production in its territory of such input. The Parties shall consider that there is substantial production if a Party demonstrates that its domestic producers are capable of supplying commercial quantities of the input to the Parties in a timely manner.

4. The Parties shall endeavor to conclude the consultations within 90 days after delivery of the request. If the Parties reach an agreement to revise a rule of origin for a particular good, the agreement shall supersede that rule of origin when modified by the Commission in accordance with Article 20.1.3(b).

5. The Parties shall endeavor to conclude consultations within 60 days after delivery of a request under paragraph 3. If the Parties agree in the consultations to revise a rule of origin, the revision shall supersede any prior rule of origin for such good when approved by the Parties in accordance with Article 24.2 (Amendments).

3. The Parties shall endeavor to conclude the consultations within 90 days after delivery of the request. If the Parties reach an agreement to revise a rule of origin for a particular good, the agreement shall supersede that rule of origin when modified by the Commission in accordance with Article 20.1.3(b).

Fabrics, Yarns, and Fibers Not Available in Commercial Quantities

Transitional Procedures for Goods Containing Fibers, Yarns, and Fabrics Not Available in Commercial Quantities

Fabrics, Yarns, and Fibers Not Available in Commercial Quantities



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)6. Annex 4‐B sets out provisions applicable to certain goods containing fibers, yarns, or fabrics that are not available in commercial quantities in a timely manner in a Party’s territory.

5. (a) At the request of an interested entity, the United States shall, within 30 business days of receiving the request, add a fabric, fiber, or yarn in an unrestricted or restricted quantity to the list in Annex 3‐B, if the United States determines, based on information supplied by interested entities, that the fabric, fiber, or yarn is not available in commercial quantities in a timely manner in the territory of any Party, or if no interested entity objects to the request.

5. (a) At the request of an interested entity, the United States shall, within 30 business days of receiving the request, add a fabric, fiber, or yarn in an unrestricted or restricted quantity to the list in Annex 3‐B, if the United States determines, based on information supplied by interested entities, that the fabric, fiber, or yarn is not available in commercial quantities in a timely manner in the territory of any Party, or if no interested entity objects to the request.

(b) If there is insufficient information to make the determination in subparagraph (a), the United States may extend the period within which it must make that determination by no more than 14 business days, in order to meet with interested entities to substantiate the information.

(b) If there is insufficient information to make the determination in subparagraph (a), the United States may extend the period within which it must make that determination by no more than 14 business days, in order to meet with interested entities to substantiate the information.

(c) If the United States does not make the determination in subparagraph (a) within 15 business days of the expiration of the period within which it must make that determination, as specified in subparagraph (a) or (b), the United States shall grant the request.

(c) If the United States does not make the determination in subparagraph (a) within 15 business days of the expiration of the period within which it must make that determination, as specified in subparagraph (a) or (b), the United States shall grant the request.

(d) The United States may, within six months after adding a restricted quantity of a fabric, fiber, or yarn to the list in Annex 3‐B pursuant to subparagraph (a), modify or eliminate the restriction.

(d) The United States may, within six months after adding a restricted quantity of a fabric, fiber, or yarn to the list in Annex 3‐B pursuant to subparagraph (a), modify or eliminate the restriction.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(e) If the United States determines before the date of entry into force of this Agreement that any fabrics or yarns not listed in Annex 3‐B are not available in commercial quantities in the United States pursuant to section 112(b)(5)(B) of the African Growth and Opportunity Act (19 U.S.C. § 3721(b)), section 204(b)(3)(B)(ii) of the Andean Trade Preference Act (19 U.S.C. § 3203(b)(3)(B)(ii)), or section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act (19 U.S.C. § 2703(b)(2)(A)(v)(II)), the United States may, after consultation with the Parties, add such fabrics or yarns in an unrestricted quantity to the list in Annex 3‐B.

(e) If the United States determines before the date of entry into force of this Agreement that any fabrics or yarns not listed in Annex 3‐B are not available in commercial quantities in the United States pursuant to section 112(b)(5)(B) of the African Growth and Opportunity Act (19 U.S.C. § 3721(b)), section 204(b)(3)(B)(ii) of the Andean Trade Preference Act (19 U.S.C. § 2703(b)(2)(A)(v)(II)), the United States may, after consultation with the Parties, add such fabrics or yarns in an unrestricted quantity to the list in Annex 3‐B. 3203(b)(3)(B)(ii)), or section 213(b)(2)(A)(v)(II) of the Caribbean Basin Economic Recovery Act (19 U.S.C. §

6. At the request of an interested entity made no earlier than six months after the United States has added a fabric, yarn, or fiber in an unrestricted quantity to Annex 3‐B pursuant to paragraph 5, the United States may, within 30 business days after it receives the request:

6. At the request of an interested entity made no earlier than six months after the United States has added a fabric, yarn, or fiber in an unrestricted quantity to Annex 3‐B pursuant to paragraph 5, the United States may, within 30 business days after it receives the request:

(a) delete the fabric, yarn, or fiber from the list in Annex 3‐B; or

(a) delete the fabric, yarn, or fiber from the list in Annex 3‐B; or

(b) introduce a restriction on the quantity of the fabric, yarn, or fiber added to Annex 3‐B;

(b) introduce a restriction on the quantity of the fabric, yarn, or fiber added to Annex 3‐B;

if the United States determines, based on the information supplied by interested entities, that the fabric, yarn, or fiber is available in commercial quantities in a timely manner in the territory of any Party. Such deletion or restriction shall not take effect until six months after the United States publishes its determination.

if the United States determines, based on the information supplied by interested entities, that the fabric, yarn, or fiber is available in commercial quantities in a timely manner in the territory of any Party. Such deletion or restriction shall not take effect until six months after the United States publishes its determination.

7. Promptly after the date of entry into force of this Agreement, the United States shall publish the procedures it will follow in considering requests under paragraphs 5 and 6. After publication of such procedures, a Party or Parties may request consultations with respect to those procedures.

7. Promptly after the date of entry into force of this Agreement, the United States shall publish the procedures it will follow in considering requests under paragraphs 5 and 6. After publication of such procedures, a Party or Parties may request consultations with respect to those procedures.

Treatment of Nylon Filament Yarn Treatment of Nylon Filament Yarn



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)11. A textile or apparel good that is not an originating good because certain yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3‐A shall nonetheless be considered to be an originating good if the yarns are those described in Section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19 U.S.C. § 3203(b)(3)(B)(vi)(IV)).

11. A textile or apparel good that is not an originating good because certain yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in Annex 3‐A shall nonetheless be considered to be an originating good if the yarns are those described in Section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19 U.S.C. § 3203(b)(3)(B)(vi)(IV)).

Regional Cumulation Regional Cumulation 14. In the light of their desire to promote regional integration, the Parties shall enter into discussions, within six months of the date of entry into force of this Agreement, or at a time to be determined by the Parties, with a view to deciding, subject to their applicable domestic legal requirements (such as a requirement to consult with the legislature and domestic industry), whether materials that are goods of countries in the region may be counted for purposes of satisfying the origin requirement under this Chapter as a step toward achieving regional integration.

14. In the light of their desire to promote regional integration, the Parties shall enter into discussions, within six months of the date of entry into force of this Agreement, or at a time to be determined by the Parties, with a view to deciding, subject to their applicable domestic legal requirements (such as a requirement to consult with the legislature and domestic industry), whether materials that are goods of countries in the region may be counted for purposes of satisfying the origin requirement under this Chapter as a step toward achieving regional integration.

Article 4.3: Emergency Actions Article 3.1: Textile Safeguard Measures Article 4.1: Bilateral Emergency Actions Article 3.1: Textile Safeguard Measures 1. Subject to the provisions of this Article if, as a result of the reduction or elimination of a customs duty provided for in this Agreement, a textile or apparel good benefiting from preferential tariff treatment under this Agreement is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the extent and for such time as may be necessary to prevent or remedy such damage and to facilitate adjustment, take emergency action in accordance with paragraph 6, consisting of an increase in the rate of duty on the good of the exporting Party or Parties to a level not to exceed the lesser of:

1. Subject to the following paragraphs, and during the transition period only, if, as a result of the reduction or elimination of a duty provided for in this Agreement, a textile or apparel good benefiting from preferential tariff treatment is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the extent necessary to prevent or remedy such damage and to facilitate adjustment, apply a textile safeguard measure to that good, consisting of an increase in the rate of duty on the good to a level not to exceed the lesser of:

1. If, as a result of the reduction or elimination of a duty under this Agreement, a textile or apparel good benefiting from preferential tariff treatment under this Agreement is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the extent and for such time as may be necessary to prevent or remedy such damage and to facilitate adjustment by the domestic industry: (a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement; or (b) increase the rate of customs duty on the good to a level not to exceed the lesser of

1. Subject to the following paragraphs, and during the transition period only, if, as a result of the reduction or elimination of a duty provided for in this Agreement, a textile or apparel good benefiting from preferential tariff treatment is being imported into the territory of another Party in such increased quantities, in absolute terms or relative to the domestic market for that good, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing a like or directly competitive good, the importing Party may, to the extent necessary to prevent or remedy such damage and to facilitate adjustment, apply a textile safeguard measure to that good, consisting of an increase in the rate of duty on the good to a level not to exceed the lesser of:



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(a) the most‐favoured‐nation (MFN) applied rate of customs duty in effect at the time the action is taken; and

(a) the most‐favored‐nation (MFN) applied rate of duty in effect at the time the measure is applied; and

(i) the most‐favored‐nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and

(a) the most‐favored‐nation (MFN) applied rate of duty in effect at the time the measure is applied; and

(b) the MFN applied rate of customs duty in effect on the day immediately preceding the date of entry into force of this Agreement for that Party.

(b) the MFN applied rate of duty in effect on the date of entry into force of this Agreement.

(ii) the MFN applied rate of duty on the good in effect on the date this Agreement enters into force.

(b) the MFN applied rate of duty in effect on the date of entry into force of this Agreement.

2. Nothing in this article shall be construed to limit a Party’s rights and obligations under Article XIX of the GATT 1994, the WTO Agreement on Safeguards, or Chapter 6 (Trade Remedies). 3. In determining serious damage, or actual threat thereof, the importing Party:

2. In determining serious damage, or actual threat thereof, the importing Party:



(a) shall examine the effect of increased imports from the exporting Party or Parties of a textile or apparel good benefiting from preferential tariff treatment under this Agreement on the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and investment, none of which either alone or combined with other factors, shall necessarily be decisive; and

(a) shall examine the effect of increased imports of the good of the exporting Party or Parties on the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and losses, and investment, none of which, either alone or combined with other factors, shall necessarily be decisive; and

(a) shall examine the effect of increased imports of the good from the exporting Party on the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and

(a) shall examine the effect of increased imports of the good of the exporting Party or Parties on the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and losses, and investment, none of which, either alone or combined with other factors, shall necessarily be decisive; and

(b) shall not consider changes in technology or consumer preference in the importing Party as factors supporting a determination of serious damage or actual threat thereof.

(b) shall not consider changes in consumer preference or changes in technology in the importing Party as factors supporting a determination of serious damage or actual threat thereof.

(b) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

(b) shall not consider changes in consumer preference or changes in technology in the importing Party as factors supporting a determination of serious damage or actual threat thereof.

4. The importing Party may take an emergency action under this Article only following its publication of procedures that identify the criteria for a finding of serious damage and only following an investigation by its competent authorities. Such an investigation must use data based on the factors described in 3(a) that serious damage or actual threat thereof is demonstrably caused by increased imports of the product concerned as a result of this Agreement.

3. The importing Party may apply a textile safeguard measure only following an investigation by its competent authority.

3. The importing Party may apply a textile safeguard measure only following an investigation by its competent authority.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)4. The investigations referred to in this Article shall be carried out according to procedures established by each Party, which shall be notified to the Parties upon entry into force of this Agreement or before a Party initiates an investigation.

3. The importing Party may take an emergency action under this Article only following an investigation. The importing Party shall: (a) carry out any investigation under this Article in accordance with procedures it has established; and (b) transmit its procedures to the other Party on the date this Agreement enters into force or before it initiates an investigation under this Article.

4. The investigations referred to in this Article shall be carried out according to procedures established by each Party, which shall be notified to the Parties upon entry into force of this Agreement or before a Party initiates an investigation.

5. The importing Party shall submit to the exporting Party or Parties, without delay, written notice of the initiation of the investigation provided for in paragraph 4, as well as of its intent to take emergency action, and, on the request of the exporting Party or Parties, shall enter into consultations with that Party or Parties regarding the matter. The importing Party shall provide the exporting party full details of the emergency action to be taken. The Parties concerned shall begin consultations without delay and, unless otherwise decided, shall complete them within 60 days of receipt of the request. After completion of the consultations, the importing Party shall notify the exporting Party of any decision. If it decides to apply a safeguard measure, the notification shall include the details of the measure, including when it will take effect.

5. The importing Party shall deliver to the exporting Party or Parties, without delay, written notice of the initiation of the investigation, as well as of its intent to apply or extend a textile safeguard measure and, on request of the exporting Party or Parties, shall enter into consultations with that Party or Parties.

4. The importing Party shall deliver to the exporting Party, without delay, written notice of its intent to take emergency action and, on the request of the exporting Party, shall enter into consultations with that Party regarding the matter.

5. The importing Party shall deliver to the exporting Party or Parties, without delay, written notice of the initiation of the investigation, as well as of its intent to apply or extend a textile safeguard measure and, on request of the exporting Party or Parties, shall enter into consultations with that Party or Parties.

6. The following conditions and limitations shall apply to any emergency action taken under this Article:

6. The following conditions and limitations apply to any textile safeguard measure:

6. The following conditions and limitations apply to any textile safeguard measure:

5. An importing Party: (a) no emergency action may be maintained for a period exceeding two years with a possible extension for an additional two years;

(a) no Party may maintain a textile safeguard measure for a period exceeding two years, except that the period may be extended for up to one year;

(a) may not maintain an emergency action for a period exceeding two years except that the period may be extended by up to two years;

(a) no Party may maintain a textile safeguard measure for a period exceeding two years, except that the period may be extended for up to one year;

(b) may not take or maintain an emergency action against a good beyond ten years after the date the Party must eliminate its customs duties on that good pursuant to this Agreement;

(b) no emergency action against a good may be taken or maintained beyond the transition period;

(d) no Party may maintain a textile safeguard measure beyond the transition period.

(d) no Party may maintain a textile safeguard measure beyond the transition period.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(c) no emergency action may be taken by an importing Party against any particular good of another Party or Parties more than once; and

(b) no Party may apply a textile safeguard measure to the same good of another Party more than once;

(c) may not take an emergency action more than once against the same good of the other Party; and

(b) no Party may apply a textile safeguard measure to the same good of another Party more than once;

(d) on termination of the emergency action, the importing Party shall accord to the good that was subject to the emergency action the tariff treatment that would have been in effect but for the action.

(c) on termination of the textile safeguard measure, the Party applying the measure shall apply the rate of duty set out in its Schedule to Annex 2.3 (Tariff Elimination) as if the measure had never been applied; and

(d) shall, on termination of the emergency action, apply to the good that was subject to the emergency action the rate of customs duty that would have been in effect but for the action.

(c) on termination of the textile safeguard measure, the Party applying the measure shall apply the rate of duty set out in its Schedule to Annex 2.3 (Tariff Elimination) as if the measure had never been applied; and

7. The Party taking an emergency action under this Article shall provide to the exporting Party or Parties against whose goods the measure is taken mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the emergency action. Such concessions shall be limited to textile and apparel goods, unless the Parties concerned otherwise agree. If the Parties concerned are unable to agree on compensation within 60 days or a longer period agreed by the Parties concerned, the Party or Parties against whose good the emergency action is taken may take tariff action having trade effects substantially equivalent to the trade effects of the emergency action taken under this Article. Such tariff action may be taken against any goods of the Party taking the emergency action. The Party taking the tariff action shall apply the tariff action only for the minimum period necessary to achieve the substantially equivalent trade effects. The importing Party’s obligation to provide trade compensation and the exporting Party’s right to take tariff action shall terminate when the emergency action terminates.

7. The Party applying a textile safeguard measure shall provide to the Party or Parties against whose good the measure is taken mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the textile safeguard measure. Such concessions shall be limited to textile or apparel goods, unless the consulting Parties otherwise agree. 8. If the consulting Parties are unable to agree on compensation within 30 days of application of a textile safeguard measure, the Party or Parties against whose good the measure is taken may take tariff action having trade effects substantially equivalent to those of the textile safeguard measure. Such tariff action may be taken against any good of the Party applying the textile safeguard measure. The Party taking the tariff action shall apply it only for the minimum period necessary to achieve the substantially equivalent trade effects. The importing Party’s obligation to provide trade compensation and the exporting Party’s or Parties’ right to take tariff action shall terminate when the textile safeguard measure terminates.

6. The Party taking an emergency action under this Article shall provide to the exporting Party mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the emergency action. Such concessions shall be limited to textile or apparel goods, unless the Parties otherwise agree. If the Parties are unable to agree on compensation within 30 days of the application of an emergency action, the Party against whose good the emergency action is taken may take tariff action having trade effects substantially equivalent to the trade effects of the emergency action taken under this Article. The tariff action may be taken against any goods of the Party taking the emergency action. The Party taking the tariff action shall apply the tariff action only for the minimum period necessary to achieve the substantially equivalent trade effects. The importing Party’s obligation to provide trade compensation and the exporting Party’s right to take tariff action shall terminate on the date the emergency action terminates.

7. The Party applying a textile safeguard measure shall provide to the Party or Parties against whose good the measure is taken mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the textile safeguard measure. Such concessions shall be limited to textile or apparel goods, unless the consulting Parties otherwise agree. 8. If the consulting Parties are unable to agree on compensation within 30 days of application of a textile safeguard measure, the Party or Parties against whose good the measure is taken may take tariff action having trade effects substantially equivalent to those of the textile safeguard measure. Such tariff action may be taken against any good of the Party applying the textile safeguard measure. The Party taking the tariff action shall apply it only for the minimum period necessary to achieve the substantially equivalent trade effects. The importing Party’s obligation to provide trade compensation and the exporting Party’s or Parties’ right to take tariff action shall terminate when the textile safeguard measure terminates.

8. A Party may not take or maintain an emergency action under this Article against a textile or apparel good that is subject, or becomes subject, to a transitional safeguard measure under Chapter 6 (Trade Remedies), or a safeguard measure that a Party takes pursuant to Article XIX of the GATT 1994, or the WTO Agreement on Safeguards.

9. (a) Each Party maintains its rights and obligations under Article XIX of the GATT 1994 and the Safeguards Agreement. (b) No Party may apply, with respect to the same good at the same time, a textile safeguard measure and: (i) a safeguard measure under Chapter Eight (Trade Remedies); or (ii) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.

7. Neither Party may take or maintain, with respect to the same good at the same time, an emergency action under this Article and: (a) a safeguard measure under Chapter Ten (Trade Remedies); or (b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement.

9. (a) Each Party maintains its rights and obligations under Article XIX of the GATT 1994 and the Safeguards Agreement. (b) No Party may apply, with respect to the same good at the same time, a textile safeguard measure and: (i) a safeguard measure under Chapter Eight (Trade Remedies); or (ii) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)9. The investigations referred to in this Article shall be carried out according to procedures established by each Party. Each Party shall, upon entry into force of this Agreement or before it initiates an investigation, notify the other Parties of these procedures. 10. Each Party shall, in any year where it takes or maintains an emergency action under this Article, provide a report on such actions to the other Parties. Article 4.4: Cooperation Article 3.2: Customs Cooperation and

Verification of Origin Article 4.3: Customs Cooperation For Textile or Apparel Goods

Article 3.2: Customs Cooperation and Verification of Origin

1. Each Party shall, in accordance with its laws and regulations, cooperate with other Parties for the purposes of enforcing or assisting in the enforcement of their respective measures concerning customs offences for trade in textile or apparel goods among the Parties, including ensuring the accuracy of claims for preferential tariff treatment under this Agreement.

1. The competent authorities of the Parties shall cooperate for purposes of: (a) enforcing or assisting in the enforcement, and deterring circumvention, of the laws, regulations, and procedures of each Party, and international agreements affecting trade in textile or apparel goods, and; (b) ensuring the accuracy of claims of origin for textile or apparel goods.

1. The Parties shall cooperate for purposes of: (a) enforcing or assisting in the enforcement of their respective measures affecting trade in textile or apparel goods; (b) verifying and ensuring the accuracy of claims of origin; (c) enforcing, or assisting in the enforcement of, measures implementing international agreements affecting trade in textile or apparel goods; and (d) preventing circumvention of international agreements affecting trade in textile or apparel goods.

1. The competent authorities of the Parties shall cooperate for purposes of: (a) enforcing or assisting in the enforcement, and deterring circumvention, of the laws, regulations, and procedures of each Party, and international agreements affecting trade in textile or apparel goods, and; (b) ensuring the accuracy of claims of origin for textile or apparel goods.

The Parties recognize that, in accordance with paragraph 10, providing technical or other assistance to advance these purposes is an essential part of this Article.

The Parties recognize that, in accordance with paragraph 10, providing technical or other assistance to advance these purposes is an essential part of this Article.

2. A Party’s request for cooperation under this Article shall identify the relevant laws, regulations, or procedures pertaining to that request.

2. A Party’s request for cooperation under this Article shall identify the relevant laws, regulations, or procedures pertaining to that request.

2. (a) Except as provided in subparagraphs (b) and (c), Korea shall obtain and update annually, through its competent authority,2 the following information concerning each person engaged in the production of textile or apparel goods in its territory:

Footnote 2 For purposes of paragraph 2, Korea’s competent authority is the Ministry of Commerce, Industry and Energy or its successor.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(i) the name and address of the person, including the location of all textile or apparel facilities owned or operated by that person in the territory of Korea; (ii) the telephone number, facsimile number, and e‐mail address of the person; (iii) in the case of an enterprise, the names and nationalities of the owners, directors, and corporate officers, and their positions within the enterprise; (iv) the number of employees the person employs and their occupations; (v) a general description of the textile or apparel goods the person produces and the person’s production capacity; (vi) the number and type of machines the person uses to produce textile or apparel goods; (vii) the approximate number of hours the machines operate per week; (viii) the identity of any supplier to that person of textile or apparel goods, or fabrics, yarns, or fibers used in the production of those goods; and (ix) the name of, and contact information for, each of the person’s customers in the United States. Korea shall provide this information to the United States annually, beginning within one year of the date this Agreement enters into force.

(b) Korea shall not be required to obtain and provide to the United States the information specified in subparagraph (a) with respect to any person that is engaged solely in the production of: (i) textile or apparel goods, or fibers, yarns, or fabrics used in the production of those goods, that are not exported to the United States; or (ii) with respect to goods classified under HS Chapter 61 or 62 that are exported to the United States, goods not used in the component that determines the tariff classification of the good, other than fabric used as visible lining material that satisfies the requirements of (A) Chapter Rule 1 for Chapter 61 of Annex 4‐A, in the case of a good classified under HS Chapter 61; or (B) Chapter Rule 1 for Chapter 62 of Annex 4‐A, in the case of a good classified under HS Chapter 62.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(c) Korea shall not be required to obtain and provide to the United States the information specified in subparagraph (a)(vii) through (ix) with respect to any small‐ or medium‐sized enterprise that does not contract directly for the sale of its goods with an importer in the United States.3

Footnote 3 With respect to any small‐ or medium‐sized enterprise, Korea may obtain the information required under subparagraph (a)(i) through (vi) from the producer of the end product in which the production of the small‐ or medium‐sized enterprise is used. (d) Korea may obtain the information required under subparagraph (a) from a representative industry association, provided that Korea takes appropriate steps to verify the accuracy of the information. (e) Article 7.6 (Confidentiality) shall apply to any information provided in accordance with this paragraph that Korea designates as confidential.

2. Each Party shall take appropriate measures, which may include legislative, administrative, judicial, or other action for: (a) enforcement of its laws, regulations and procedures related to customs offences, and (b) cooperation with an importing Party in the enforcement of its laws regulations and procedures related to prevention of customs offences. 3. For the purposes of paragraph 2, “appropriate measures” means measures a Party takes, in accordance with its laws, regulations, and procedures, such as: (a) providing its government officials with the legal authority to meet the obligations under this Chapter; (b) enabling its law enforcement officials to identify and address customs offences; (c) establishing or maintaining criminal, civil or administrative penalties that are aimed at deterring customs offences;



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(d) undertaking appropriate enforcement action where it believes, based on a request from another Party that includes relevant facts, that a customs offence has occurred or is occurring in the requested Party’s territory with regard to a textile or apparel good, including in free trade zones of the requested Party; and (e) cooperating with another Party, on request, to establish facts regarding customs offences in the requested Party’s territory with regard to a textile or apparel good, including in free trade zones of the requested Party. 4. A Party may request information from another Party where it has relevant facts indicating a customs offence is occurring or is likely to occur, such as historical evidence. 5. Any request under paragraph 4 shall be made in writing, by electronic means or any other method that acknowledges receipt, and shall include a brief statement of the matter at issue, the cooperation requested, the relevant facts indicating a customs offence, and sufficient information for the requested Party to respond in accordance with its laws and regulations. 6. To enhance cooperative efforts under this Article between Parties to prevent and address customs offences, a Party that receives a request under paragraph 4 shall, subject to its laws, regulations, and procedures, including those related to confidentiality referred to in Article 9.4 provide to the requesting Party, upon receipt of a request in accordance with paragraph 5, available information on the existence of an importer, exporter, or producer, goods of an importer, exporter, or producer, or other matters related to this Chapter. The information may include any available correspondence, reports, bills of lading, invoices, order contracts, or other information regarding enforcement of laws or regulations related to the request. 7. A Party may provide information requested in this article on paper or in electronic form.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)8. Each Party shall establish or maintain contact points for cooperation under this Chapter. Each Party shall notify the other Parties of its contact points upon entry into force of this Agreement and shall notify the other Parties promptly of any subsequent changes. Article 4.5: Monitoring 1. Each Party shall establish or maintain programs or practices to identify and address textiles and apparel customs offences. This may include programs or practices to ensure the accuracy of claims for preferential tariff treatment for textile and apparel goods under this Agreement. 2. Through such programs or practices, the Party may collect or share information related to textiles or apparel goods for use for risk management purposes. 3. In addition to paragraphs 1 and 2, some Parties have bilateral agreements that apply between those Parties. Article 4.6: Verification 1. An importing Party may conduct a verification with respect to a textile or apparel good pursuant to Article 3.27.1(a), 3.27.1(b), or 3.27.1(e) (Verification) and their associated procedures to verify whether a good qualifies for preferential tariff treatment or through a request for a site visit as described in this Article. 3

3. (a) On the written request of the importing Party, an exporting Party shall conduct a verification for purposes of enabling the importing Party to determine: (i) that a claim of origin for a textile or apparel good is accurate; or (ii) that the exporter or producer is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods, including: (A) laws, regulations, and procedures that the exporting Party adopts and maintains pursuant to this Agreement; and (B) laws, regulations, and procedures of the importing Party and the exporting Party implementing other international agreements regarding trade in textile or apparel goods.

3. On the request of the importing Party, the exporting Party shall conduct a verification for purposes of enabling the importing Party to determine that a claim of origin for a textile or apparel good is accurate. The exporting Party shall conduct such a verification, regardless of whether an importer claims preferential tariff treatment for the good. The exporting Party also may conduct such a verification on its own initiative.

3. (a) On the written request of the importing Party, an exporting Party shall conduct a verification for purposes of enabling the importing Party to determine: (i) that a claim of origin for a textile or apparel good is accurate; or (ii) that the exporter or producer is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods, including: (A) laws, regulations, and procedures that the exporting Party adopts and maintains pursuant to this Agreement; and (B) laws, regulations, and procedures of the importing Party and the exporting Party implementing other international agreements regarding trade in textile or apparel goods.

Footnote 3 For the purposes of this Article, the information collected in accordance with this Article shall be used for the purpose of ensuring the effective implementation of this Chapter. A Party shall not use these procedures to collect information for other purposes.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(b) A request under subparagraph (a) shall include specific information regarding the reason the importing Party is requesting the verification and the determination the importing Party is seeking to make.

(b) A request under subparagraph (a) shall include specific information regarding the reason the importing Party is requesting the verification and the determination the importing Party is seeking to make.

(c) The exporting Party shall conduct a verification under subparagraph (a)(i), regardless of whether an importer claims preferential tariff treatment for the textile or apparel good for which a claim of origin has been made.

(c) The exporting Party shall conduct a verification under subparagraph (a)(i), regardless of whether an importer claims preferential tariff treatment for the textile or apparel good for which a claim of origin has been made.

(d) The exporting Party may conduct a verification of enterprises within its territory on its own initiative.

(d) The exporting Party may conduct a verification of enterprises within its territory on its own initiative.

2. An importing Party may request a site visit under this article from an exporter or producer of textile or apparel goods to verify whether: (a) a textile or apparel good qualifies for preferential tariff treatment under this Agreement; or (b) customs offences are occurring or have occurred. 3. During a site visit under this article, an importing Party may request access to: (a) records and facilities relevant to the claim for preferential tariff treatment; or (b) records and facilities relevant to the customs offences being verified.

4. On the request of a Party, the other Party shall endeavor to examine transshipped textile or apparel goods.4

Footnote 4 Paragraph 4 does not require the exporting Party to take any action with regard to transshipped textile or apparel goods that are not subject to a claim of origin, and that do not undergo processing or manipulation in its territory, other than to share information about those goods with the importing Party.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)5. Where the importing Party has a reasonable suspicion that a person of the exporting Party is engaging in unlawful activity relating to trade in textile or apparel goods, the exporting Party shall conduct, on the request of the importing Party, a verification for purposes of enabling the importing Party to determine that the person is complying with applicable customs measures affecting trade in textile or apparel goods, including measures that the exporting Party adopts and maintains pursuant to this Agreement and measures of either Party implementing any other international agreement regarding trade in textile or apparel goods, or to determine that a claim of origin regarding a textile or apparel good exported or produced by that person is accurate. For purposes of this paragraph, reasonable suspicion means a suspicion based on relevant factual information of the type set forth in Article 7.5 (Cooperation) or factors that indicate: (a) circumvention by an enterprise of applicable customs measures affecting trade in textile or apparel goods, including measures adopted to implement this Agreement; or (b) the existence of conduct that would facilitate the violation of measures relating to other international agreements affecting trade in textile or apparel goods or that would otherwise facilitate the nullification or impairment of rights or benefits accruing to a Party under those agreements.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)4. The importing Party, through its competent authority, may assist in a verification conducted under paragraph 3(a), including by conducting, along with the competent authority of the exporting Party, visits in the territory of the exporting Party to the premises of an exporter, producer, or any other enterprise involved in the movement of textile or apparel goods from the territory of the exporting Party to the territory of the importing Party. At the request of the exporting Party, the importing Party may undertake such verification.

6. The exporting Party, through its competent authorities, shall permit the importing Party, through its competent authorities, to assist in a verification conducted pursuant to paragraph 3 or 5, including by conducting, along with the competent authorities of the exporting Party, visits in the territory of the exporting Party to the premises of an exporter, producer, or any other person that may have evidence that is relevant to the verification. Any such visit should occur without providing prior notification to the exporter, producer, or other person.5 The exporting Party shall seek permission to conduct the site visit from the person at the time of the visit. If an exporter, producer, or other person refuses to consent to a visit by the appropriate officials of the importing Party, the importing Party may consider that the verification cannot be completed and the determination described in paragraph 3 or 5 cannot be made and may take appropriate action as described in paragraph 10.

4. The importing Party, through its competent authority, may assist in a verification conducted under paragraph 3(a), including by conducting, along with the competent authority of the exporting Party, visits in the territory of the exporting Party to the premises of an exporter, producer, or any other enterprise involved in the movement of textile or apparel goods from the territory of the exporting Party to the territory of the importing Party. At the request of the exporting Party, the importing Party may undertake such verification.

Footnote 5 In carrying out paragraph 6, Korea shall presume, due to the risk that the person would destroy or alter relevant evidence, that the purpose of the verification would not be achieved if its officials provided prior notice to the person.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)4. Where an importing Party seeks to conduct a site visit under paragraph 2, it shall notify the host Party, no later than 20 days before the visit, regarding: (a) the proposed dates; (b) the number of exporters and producers to be visited in appropriate detail to facilitate the provision of any assistance, but need not specify the names of the exporters or producers to be visited; (c) whether assistance by the host Party will be requested and what type; (d) where relevant, the customs offences being verified under paragraph 2(b), including relevant factual information available at the time of the notification related to the specific offences, which may include historical information; and (e) whether the importer claimed preferential tariff treatment.

5. (a) The competent authority of the importing Party shall provide a written request to the competent authority of the exporting Party 20 days before the proposed date of a visit under paragraph 4. The request shall identify the competent authority making the request, the names and titles of the authorized personnel that will conduct the visit; the reason for the visit, including a description of the type of goods that are the subject of the verification; and the proposed dates of the visit.

5. (a) The competent authority of the importing Party shall provide a written request to the competent authority of the exporting Party 20 days before the proposed date of a visit under paragraph 4. The request shall identify the competent authority making the request, the names and titles of the authorized personnel that will conduct the visit; the reason for the visit, including a description of the type of goods that are the subject of the verification; and the proposed dates of the visit.

(b) The competent authority of the exporting Party shall respond within ten days of receipt of the request, and shall indicate the date on which authorized personnel of the importing Party may perform the visit. The exporting party shall seek, in accordance with its laws, regulations, and procedures, permission from the enterprise to conduct the visit. If consent is not provided, the importing Party may deny preferential tariff treatment to the type of goods of the enterprise that would have been the subject of the verification, except that the importing Party may not deny preferential tariff treatment to such goods based solely on a postponement of the visit, if there is adequate reason for such postponement.

(b) The competent authority of the exporting Party shall respond within ten days of receipt of the request, and shall indicate the date on which authorized personnel of the importing Party may perform the visit. The exporting party shall seek, in accordance with its laws, regulations, and procedures, permission from the enterprise to conduct the visit. If consent is not provided, the importing Party may deny preferential tariff treatment to the type of goods of the enterprise that would have been the subject of the verification, except that the importing Party may not deny preferential tariff treatment to such goods based solely on a postponement of the visit, if there is adequate reason for such postponement.

(c) Authorized personnel of the importing and exporting Parties shall conduct the visit in accordance with the laws, regulations, and procedures of the exporting Party.

(c) Authorized personnel of the importing and exporting Parties shall conduct the visit in accordance with the laws, regulations, and procedures of the exporting Party.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009) (d) On completion of the visit, the importing Party shall provide the exporting Party with an oral summary of the results of the visit and provide it with a written report of the results of the visit within approximately 45 days of the visit. The written report shall include: (i) the name of the enterprise visited; (ii) particulars of the shipments that were checked; (iii) observations made at the enterprise relating to circumvention, if any; and (iv) an assessment of whether the enterprise’s production records and other documents support its claims of origin, for: (A) a textile or apparel good subject to a verification conducted under subparagraph 3(a)(i); or (B) in the case of a verification conducted under subparagraph 3(a)(ii), any textile or apparel good exported or produced by the enterprise.

9. The Party conducting a verification under paragraph 3 or 5 shall provide the other Party with a written report on the results of the verification, which shall include all documents and facts supporting any conclusion that the Party reaches. Article 7.6 (Confidentiality) shall apply to any information contained in the report that the Party providing the report designates as confidential.

(d) On completion of the visit, the importing Party shall provide the exporting Party with an oral summary of the results of the visit and provide it with a written report of the results of the visit within approximately 45 days of the visit. The written report shall include: (i) the name of the enterprise visited; (ii) particulars of the shipments that were checked; (iii) observations made at the enterprise relating to circumvention, if any; and (iv) an assessment of whether the enterprise’s production records and other documents support its claims of origin, for: (A) a textile or apparel good subject to a verification conducted under subparagraph 3(a)(i); or (B) in the case of a verification conducted under subparagraph 3(a)(ii), any textile or apparel good exported or produced by the enterprise.

5. Upon receipt of information on a proposed visit under paragraph 2, the host Party may request information from the importing Party to facilitate planning of the visit, such as logistical arrangements or provision of requested assistance. 6. Where an importing Party seeks to conduct a site visit under paragraph 2, it shall provide the host Party, as soon as practicable and prior to the date of the first visit to an exporter or producer under this article, with a list of the names and addresses of the exporters or producers it proposes to visit. 7. Where an importing Party seeks to conduct a site visit under paragraph 2: (a) Officials of the host Party may accompany the importing Party during the site visit. (b) Officials of the host Party may, in accordance with its laws and regulations, on request of the importing Party or on its own initiative, assist the importing Party during the site visit and provide, to the extent available, information relevant to conduct the site visit.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(c) The importing and host Parties shall limit communication regarding the site visit to relevant government officials and shall not inform the exporter or producer outside the government of the host Party in advance of a visit or provide any other verification or enforcement information not publicly available whose disclosure could undermine the effectiveness of the action.

(d) The importing Party shall request permission from the exporter, or producer4 for access to the relevant records or facilities, no later than the time of the visit. Unless advance notice would undermine the effectiveness of the site visit, the importing Party shall request permission with appropriate advance notice.

Footnote 4 The importing Party shall request permission from a person who has the capacity to consent to the visit at the facilities to be visited.

(e) Where the exporter or producer of textile or apparel goods denies such permission or access, the visit will not occur. The importing Party shall give consideration to any reasonable alternative dates proposed, taking into account the availability of relevant employees or facilities of the person visited.consideration to any reasonable alternative dates proposed, taking into account the availability of relevant employees or facilities of the person visited.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)6. In accordance with its laws, each Party shall provide to the other Party production, trade, and transit documents and other information necessary to conduct verifications under paragraph 3(a). Each Party shall treat any documents or information exchanged in the course of such verification in accordance with Article 5.6 (Confidentiality). Nothwithstanding the foregoing, a Party may publish the name2 of an enterprise if the Party has determined, consistent with its laws, that such enterprise:

7. Each Party shall provide to the other Party, consistent with its law, production, trade, and transit documents, and other information necessary to conduct a verification under paragraph 3 or 5. Each Party shall consider any documents or information exchanged between the Parties in the course of such a verification to have been designated as confidential within the meaning of Article 7.6 (Confidentiality). Notwithstanding the preceding sentence and Article 7.6, a governmental entity of a Party may share information provided to it under this Article with other governmental entities of that Party for a purpose set forth in paragraph 1.

6. In accordance with its laws, each Party shall provide to the other Party production, trade, and transit documents and other information necessary to conduct verifications under paragraph 3(a). Each Party shall treat any documents or information exchanged in the course of such verification in accordance with Article 5.6 (Confidentiality). Nothwithstanding the foregoing, a Party may publish the name2 of an enterprise if the Party has determined, consistent with its laws, that such enterprise:

Footnote 2 The Party shall provide advance notice to the other Parties of the procedures by which such publication is to be made.

Footnote 2 The Party shall provide advance notice to the other Parties of the procedures by which such publication is to be made.

(a) has engaged in circumvention of the laws, regulations, or procedures of that Party or of international agreements affecting trade in textile or apparel goods; or

(a) has engaged in circumvention of the laws, regulations, or procedures of that Party or of international agreements affecting trade in textile or apparel goods; or

(b) has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.

(b) has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)8. Upon completion of a site visit under paragraph 2, the importing Party shall: (a) upon request of the host Party, inform the host Party of its preliminary findings. (b) upon receiving a written request from the host Party, provide to the host Party, no later than 90 days from the date of the request, a written report of the results of the visit, including any findings. If the report is not in English, the importing Party shall provide a translation of it in English upon request of the host Party. (c) on written request of the exporter or producer, provide that person, no later than 90 days of the date of the request, with a written report of the results of the visit as it pertains to that exporter, or producer, including any findings. This may be a report prepared under subparagraph (b), with appropriate changes. The importing Party shall inform the exporter or producer of the entitlement to request this report. If the report is not in English, the importing Party shall provide a translation of it in English upon request of that exporter or producer.

8. No later than 45 days after it completes a verification conducted under subparagraph 3(a), the exporting Party shall provide the importing Party a written report on the results of the verification. The report shall include all documents and facts supporting any conclusion that the exporting Party reaches. After receiving the report, the importing Party shall notify the exporting Party of any action it will take under subparagraph 7(a)(ii) or (iii) or 7(b)(ii) or (iii), based on the information provided in the report.

8. No later than 45 days after it completes a verification conducted under subparagraph 3(a), the exporting Party shall provide the importing Party a written report on the results of the verification. The report shall include all documents and facts supporting any conclusion that the exporting Party reaches. After receiving the report, the importing Party shall notify the exporting Party of any action it will take under subparagraph 7(a)(ii) or (iii) or 7(b)(ii) or (iii), based on the information provided in the report.

9. Where an importing Party conducts a site visit under paragraph 2 and as a result intends to deny preferential tariff treatment to a good, it shall, before denying preferential tariff treatment, provide to the importer and any exporter or producer that provided information directly to the importing Party 30 days to submit additional information to support the claim. In cases where advance notice was not given under paragraph 7(d), such importer, exporter, or producer may request an additional 30 days. 10. The importing Party shall not reject a claim for preferential tariff treatment on the sole grounds that the host Party does not provide the requested assistance or information under this article.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)12. While a verification is being conducted under Article 6, the importing Party may take appropriate measures under procedures established in its laws and regulations, including suspending or denying the application of preferential tariff treatment to textile or apparel goods of the exporter or producer subject to a verification.

8. While a verification is being conducted, the importing Party may, consistent with its law, take appropriate action, which may include suspending the application of preferential tariff treatment to: (a) the textile or apparel good for which a claim of origin has been made, in the case of a verification under paragraph 3; or (b) any textile or apparel goods exported or produced by the person subject to a verification under paragraph 5, where the suspicion of unlawful activity relates to those goods.6Footnote 6 For greater certainty, nothing in paragraph 8 shall be construed to preclude the release of goods in accordance with Article 7.2 (Release of Goods).

13. Where verifications of identical goods by a Party indicate a pattern of conduct by an exporter or producer of false or unsupported representations that a good imported into its territory qualifies for preferential tariff treatment, the Party may withhold preferential tariff treatment for identical textile or apparel goods imported, exported or produced by such a person until it is demonstrated to the importing Party that the identical goods qualify for preferential tariff treatment. For the purpose of this paragraph, identical goods means goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)10. (a) If the importing Party is unable to make the determination described in paragraph 3 within 12 months after its request for a verification, or makes a negative determination, it may, consistent with its law, take appropriate action, including denying preferential tariff treatment to the textile or apparel good subject to the verification, and to similar goods exported or produced by the person that exported or produced the good. (b) If the importing Party is unable to make one of the determinations described in paragraph 5 within 12 months after its request for a verification, or makes a negative determination, it may, consistent with its law, take appropriate action, including denying preferential tariff treatment to any textile or apparel good exported or produced by the person subject to the verification. 11. Before taking any action under paragraph 10, the importing Party shall notify the exporting Party. The importing Party may continue to take action under paragraph 10 until it receives information sufficient to enable it to make the determination described in paragraph 3 or 5, as the case may be. A Party may, consistent with its law, make public the identity of a person that the Party has determined to be engaged in circumvention as provided under this Article or that has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.

9. On the written request of a Party, two or more Parties shall enter into consultations to resolve any technical or interpretive difficulties that may arise or to discuss ways to improve customs cooperation regarding the application of this Article. Unless the consulting Parties otherwise agree, consultations shall begin within 30 days after delivery of the request and conclude within 90 days after delivery.

9. On the written request of a Party, two or more Parties shall enter into consultations to resolve any technical or interpretive difficulties that may arise or to discuss ways to improve customs cooperation regarding the application of this Article. Unless the consulting Parties otherwise agree, consultations shall begin within 30 days after delivery of the request and conclude within 90 days after delivery.

10. A Party may request technical or other assistance from any other Party in implementing this Article. The Party receiving such a request shall make every effort to respond promptly and favorably to it.

10. A Party may request technical or other assistance from any other Party in implementing this Article. The Party receiving such a request shall make every effort to respond promptly and favorably to it.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)12. On the request of either Party, the Parties shall consult to resolve any technical or interpretive difficulties that may arise under this Article or to discuss ways to improve the effectiveness of their cooperative efforts. In addition, either Party may request technical or other assistance from the other Party in implementing this Article. The Party receiving a request under this paragraph shall make every effort to respond favorably and promptly to it. 13. Any request for cooperation under this Article shall be made in writing and shall include a brief statement of the matter at issue and the cooperation requested.

Article 4.7: Determinations 7. (a) (i) If, during a verification conducted under subparagraph 3(a), the information to support a claim for preferential tariff treatment is insufficient, the importing Party may take the actions it considers appropriate, which may include suspending the application of such treatment to: (A) in the case of a verification conducted under subparagraph 3(a)(i), the textile or apparel good for which a claim for preferential tariff treatment has been made; and (B) in the case of a verification conducted under subparagraph 3(a)(ii), any textile or apparel good exported or produced by the enterprise subject to that verification for which a claim of preferential tariff treatment has been made.

7. (a) (i) If, during a verification conducted under subparagraph 3(a), the information to support a claim for preferential tariff treatment is insufficient, the importing Party may take the actions it considers appropriate, which may include suspending the application of such treatment to: (A) in the case of a verification conducted under subparagraph 3(a)(i), the textile or apparel good for which a claim for preferential tariff treatment has been made; and (B) in the case of a verification conducted under subparagraph 3(a)(ii), any textile or apparel good exported or produced by the enterprise subject to that verification for which a claim of preferential tariff treatment has been made.

The importing Party may deny a claim for preferential tariff treatment for a textile or apparel good: (a) for a reason listed in Article 3.28.2 (Determination on Claims for Preferential Tariff Treatment); (b) if, pursuant to a verification under this Chapter, it has not received sufficient information to determine that the good qualifies as originating; or

(ii) If, on completion of a verification conducted under subparagraph 3(a), the information to support a claim for preferential tariff treatment is insufficient, the importing Party may take the actions it considers appropriate, which may include denying the application of such treatment to any textile or apparel good described in clauses (i)(A) and (B).

(ii) If, on completion of a verification conducted under subparagraph 3(a), the information to support a claim for preferential tariff treatment is insufficient, the importing Party may take the actions it considers appropriate, which may include denying the application of such treatment to any textile or apparel good described in clauses (i)(A) and (B).



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009) (iii) If, during or on completion of a verification conducted under subparagraph 3(a), the importing Party discovers that an enterprise has provided incorrect information to support a claim for preferential tariff treatment, the importing Party may take the actions it considers appropriate, which may include denying the application of such treatment to any textile or apparel good described in clauses (i)(A) and (B).

(iii) If, during or on completion of a verification conducted under subparagraph 3(a), the importing Party discovers that an enterprise has provided incorrect information to support a claim for preferential tariff treatment, the importing Party may take the actions it considers appropriate, which may include denying the application of such treatment to any textile or apparel good described in clauses (i)(A) and (B).

(b) (i) If, during a verification conducted under subparagraph 3(a), the information to determine the country of origin is insufficient, the importing Party may take the actions it considers appropriate, which may include detention of any textile or apparel good exported or produced by the enterprise subject to the verification. (ii) If, on completion of a verification conducted under subparagraph 3(a), the information to determine the country of origin is insufficient, the importing Party may take the actions it considers appropriate, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification. (iii) If, during or on completion of a verification conducted under subparagraph 3(a), the importing Party discovers that an enterprise has provided incorrect information as to the country of origin, the importing Party may take appropriate action, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification.

(b) (i) If, during a verification conducted under subparagraph 3(a), the information to determine the country of origin is insufficient, the importing Party may take the actions it considers appropriate, which may include detention of any textile or apparel good exported or produced by the enterprise subject to the verification. (ii) If, on completion of a verification conducted under subparagraph 3(a), the information to determine the country of origin is insufficient, the importing Party may take the actions it considers appropriate, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification. (iii) If, during or on completion of a verification conducted under subparagraph 3(a), the importing Party discovers that an enterprise has provided incorrect information as to the country of origin, the importing Party may take appropriate action, which may include denying entry to any textile or apparel good exported or produced by the enterprise subject to the verification.

(c) The importing Party may continue to take the actions it considers appropriate under this paragraph only until it receives information sufficient to enable it to make the determination in subparagraphs 3(a)(i) or (ii), as the case may be.

(c) The importing Party may continue to take the actions it considers appropriate under this paragraph only until it receives information sufficient to enable it to make the determination in subparagraphs 3(a)(i) or (ii), as the case may be.



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)(c) if, pursuant to a verification under this Chapter, access or permission for the visit is denied, the importing Party is prevented from completing the visit on the proposed date and the exporter or producer does not provide an alternative date acceptable to the importing Party, or the exporter or producer does not provide access to the relevant records or facilities during a visit. Article 4.8: Committee on Textile and Apparel Trade Matters

Article 3.4: Committee on Textile and Apparel Trade Matters



1. The Parties hereby establish a Committee on Textile and Apparel Trade Matters, comprised of representatives of each Party.

The Parties hereby establish a Committee on Textile and Apparel Trade Matters. The Committee on Textile and Apparel Trade Matters shall meet upon the request of any Party or the Free Trade Commission to consider any matter arising under this Chapter.

The Parties hereby establish a Committee on Textile and Apparel Trade Matters comprising representatives of each Party. The Committee shall meet on the request of either Party or the Joint Committee to consider any matter arising under this Chapter.

The Parties hereby establish a Committee on Textile and Apparel Trade Matters. The Committee on Textile and Apparel Trade Matters shall meet upon the request of any Party or the Free Trade Commission to consider any matter arising under this Chapter.

2. The Committee on Textile and Apparel Trade Matters will meet at least once within one year of entry into force of the Agreement, and thereafter at such times as the Parties decide and on request of the Commission. The Committee shall meet at such venues and times as may be decided by the Parties. Meetings may be conducted in person, or by any other means as decided by the Parties. 3. The Committee may consider any matter arising under this Chapter, and its functions will include review of the implementation of this Chapter, consultation on technical or interpretive difficulties that may arise under this Chapter, and discussion of ways to improve the effectiveness of cooperation under this Chapter. 4. In addition to discussions under the Committee, a Party may request discussions with any other Party or Parties regarding matters under this Chapter concerning those Parties, with a view to resolution of the issue, where it believes difficulties are occurring with respect to implementation of this Chapter



Trans‐Pacific Partnership (2015) Colombian FTA (May 2012) South Korean FTA (March 2012) Peruvian FTA (2009)5. Unless the Parties amongst whom a discussion is requested agree otherwise, they shall hold the consultations pursuant to paragraph 4 within 30 days of receipt of a written request by a Party and endeavour to conclude within 90 days of receipt of the written request. 6. Discussions under this Article shall be confidential and without prejudice to the rights of any Party in any further proceeding. Article 4.9: Confidentiality 1. Each Party shall maintain the confidentiality of the information collected in accordance with this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the persons providing the information.

2. Where a Party providing information to another Party in accordance with this Chapter designates the information as confidential, the other Party shall keep the information confidential. 3. The Party providing the information may require the other Party to furnish written assurance that the information will be held in confidence, will be used only for the purposes specified in the other Party’s request for information, and will not be disclosed without the specific permission of the Party that provided the information or the person that provided the information to that Party. 4. A Party may decline to provide information requested by another Party where that Party has failed to act in conformity with paragraphs 1 through 3. 5. Each Party shall adopt or maintain procedures for protecting from unauthorized disclosure confidential information submitted in accordance with the administration of the Party’s customs or other laws related to this Chapter, or collected in accordance with this Chapter, including information the disclosure of which could prejudice the competitive position of the person providing the information.


Prepared by the Law Offices of Stewart and Stewart 2100 M St. NW, Suite 200 Washington, DC 20037-1218 Phone: 202-785-4185 Fax: 202-466-1286

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