Home Acts & Rules Customs Origin of Goods - Rules Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007 This
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Rule 18 - During the verification proceedings,........ - Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007Extract 1 [ Rule 18 During the verification proceedings, the customs authority of the importing Party may request the issuing authority of the exporting Party, in writing, for a verification of origin in accordance with the following procedure, namely:- (a) the request for information, as well as any copy of the documentation in possession of the issuing authority which issued the certificate of origin under verification, which may be deemed necessary for verifying the authenticity of the said certificate of origin and the veracity of the information contained therein and in such a request, the number and the date of the issue of the certificate of origin under verification shall be indicated; (b) for the purposes of verification of the contents of the local or regional added value, the producer or exporter shall facilitate the access to any information or documentation necessary for establishing the CIF value of the non-originating goods used in the production of the goods under verification; (c) for the purposes of verification of the characteristics of certain production processes, the exporter or producer shall facilitate the access to any information and documentation that allow the confirmation of such processes; (d) the customs authority of the importing Party may send a questionnaire to the issuing authority of the exporting Party which shall be passed on to the exporter or producer, indicating the certificate of origin under verification; (e) when the customs authority of the importing Party is not satisfied with the results of the verification of origin pursuant to clauses (a) to (d), it shall deliver a written request to the issuing authority of the exporting Party to facilitate visits to the premises of the producer, with a view to examining the production processes, as well as the equipment and tools utilised in the manufacture of the product under verification; (f) the issuing authority of the exporting Party will provide the requisitioned documents, statement and cost sheet of materials to the customs authority of the importing Party at least fifteen days before the date of visit; (g) the issuing authority of the exporting Party shall accompany the authorities of the importing Party in their above-mentioned visit, which may include the participation of specialists who shall act as observers: Provided that, each Party may designate specialists, who shall be neutral and have no interest whatsoever in the verification: Provided further that, each Party may deny the participation of such specialists whenever the latter represent the interests of the companies involved in the verification; (h) once the visit is concluded, the participants shall subscribe the minutes of it, in which it shall be indicated that it was carried out according to the conditions established in these rules and the said minutes shall contain, in addition, the following information, namely:- (i) date and place of the carrying out of the visit; (ii) identification of the certificates of origin which led to the verification; (iii) identification of the goods under verification; (iv) identification of the participants, including indications of the organs and institutions to which they belong; and (v) a visit report; (i) the exporting Party may request the postponement of a verification visit for a period not more than thirty days; and (j) the Parties may carry out other actions as mutually agreed upon between them, relating to the case under verification.] --------------- Notes:- 1. Substituted vide Not. 48/2017 - Dated 16-5-2017 before it was read as, Rule 18 <!--?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /--> The competent authorities from the exporting Party shall provide the requested information according to Article 17 within thirty (30) days, from the date of the receipt of the request. Such period can be extended through mutual consultation for a period no more than thirty (30) days in justified cases. If this information is satisfactory, the said authorities shall release the importer from the guarantee referred to in Article 17 within thirty (30) days or shall promptly refund the duty paid in excess, in accordance with domestic laws of the Parties.
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