The importer, not the exporter, is required to make a claim of preferential tariff treatment under the U.S.-Bahrain FTA on the basis that the good is U.S. or Bahrain originating. The exact manner that such a claim will be made will be determined by the Bahrain Government. Although the U.S.-Bahrain FTA specifically obligates the importer with claiming, and supporting claims of, preferential treatment, a U.S. exporter should work with the importer to ensure that the U.S. good meets the rule of origin requirements set out in the Agreement (prior to making a claim). It is also recommended that U.S. companies maintain their own supporting records.
The Bahrain importer is required to submit to the customs authorities, upon request, a declaration setting forth all pertinent information concerning the growth, production, or manufacture of the good to support a claim of preferential treatment. The U.S.-Bahrain FTA establishes a minimum amount of information that may be required. Therefore, a Bahrain importer may request at a minimum the following information from a U.S. exporter:
(i) a description of the good, quantity, invoice numbers and bills of lading;
(ii) a description of the operations performed in the growth, production, or manufacture of the good in the territory of one or both of the Parties and, where applicable, identification of the direct costs of processing operations;
(iii) a description of any materials used in the growth, production, or manufacture of the good that are wholly the growth, product, or manufacture of one or both of the Parties, and a statement as to the value of such materials;
(iv) a description of the operations performed on, and a statement as to the origin and value of, any foreign materials used in the good that are claimed to have been sufficiently processed in the territory of one or both of the Parties so as to be materials produced in the territory of one or both of the Parties, or are claimed to have undergone an applicable change in tariff classification specified in Annex 3-A or Annex 4-A; and
(v) a description of the origin and value of any foreign materials used in the good that are not claimed to have been substantially transformed in the territory of one or both of the Parties, or are not claimed to have undergone an applicable change in tariff classification specified in Annex 3-A or Annex 4-A.
The Agreement states that the importing Party’s customs authority should request a declaration only when that Party has reason to question the accuracy of a deemed certification referred to in subparagraph (a) of Article 4.10, when that Party's risk assessment procedures indicate that verification of a claim is appropriate, or when the Party conducts a random verification. The importer shall retain the information necessary to prepare the declaration for five years from the date of importation of the good.
Please note that there are standard export documentation requirements separate from those discussed above for all shipments of goods from the United States to Bahrain.
Prepared by the International Trade Administration
Trade Information Center