Home Acts & Rules Customs Origin of Goods - Rules Rules of (Determination of Origin of Goods under the Asia-Pacific Trade Agreement, (formerly known as the Bangkok Agreement)) Rules, 2006 This
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Footnotes - Footnotes - Rules of (Determination of Origin of Goods under the Asia-Pacific Trade Agreement, (formerly known as the Bangkok Agreement)) Rules, 2006Extract 1. Includes mineral fuels, lubricants and related materials as well as minerals or metal ores. 2. Includes forestry products. 3. Vessels - shall refer to fishing vessels engaged in commercial fishing, registered in a Participating State and operated by a citizen or citizens or governments of Participating States or partnership, corporation or association, duly registered in such Participating State, at least 60 per cent of equity of which is owned by a citizen or citizens and/or government of such Participating State or 75 per cent by citizens and/or governments of the Participating States. However, the products taken from vessels engaged in commercial fishing under bilateral agreements which provide for chartering/leasing of such vessels and/or sharing of catch between Participating States will also be eligible for preferential concessions. 4. In respect of vessels or factory ships operated by government agencies the requirement of flying the flag of a Participating State shall not apply. 5. For the purpose of this Agreement, the term factory ship means any vessel, as defined, used for processing and/or making on board products exclusively from those products referred to in paragraph (f) above. 1 [ 6. As at Annexure-C .] 7. Partial cumulation as implied by Rule 5 above means that only products which have acquired originating status in the territory of one Participating State may be taken into account when used as inputs for a finished product eligible for preferential treatment in the territory of another Participating State subject to Rule 4 (e). 8. A standard Certificate of Origin to be used by all Participating States is annexed (Annexure-A) and approved by the Participating States. 2 [ 9. The aggregate content in rule 5 shall be calculated as the sum of the value of originating materials used as a input (VOM1) and the value for originating materials added by the Participating State where working or processing of the finished product has taken place (VOM2). VOM1 means value of the products which have acquired originating status in the territory of a previous Participating State, which shall be calculated on the basis of the customs value determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation Agreement. VOM2 means value of the originating materials obtained in the territory of the Participating State where working or processing of the finished product has taken place, and the value used as input in working or processing of the finished product in that Participating State, including direct labour cost, direct overhead cost, transportation cost and profit for the finished product. Under the above interpretation, the product shall be considered as a product originating in the territory of the Participating State where working or processing of the finished product has taken place, provided that the sum of VOM1 and VOM2 is not less than sixty percent. of its f.o.b. value. 10. The provision of sub-clause (ii) of clause (b) of rule (6) of the products have not entered into trade or consumption there shall be interpreted that the products which remain under the control of customs authority of the intermediate non-Participating state without any proceedings of import clearance procedures shall be considered as directly consigned from the exporting Participating State to the importing Participating State. The expression of entered into trade or consumption there is understood that the import declaration on the product was accepted and the product was released out of a bonded area into the domestic market of the intermediate country to be consumed or subsequently exported under another contract. Therefore, the product that is temporarily stored in the bonded area under the control of customs authority and has not undergone any operations or processes other than those defined in sub-clause (iii) of clause (b) of rule (6), is understood to have not entered into trade or consumption. ] ********* Notes 1. Substituted vide Notification No. 59/2018 - Customs (N.T.) dated 30-06-2018 before it was read as 6. In respect of products traded within the framework of sectoral agreements negotiated under this Agreement, provision may need to be made for special criteria to apply. Consideration may be given to these criteria as and when the sectoral agreements are negotiated. 2. Inserted vide Notification No. 59/2018 - Customs (N.T.) dated 30-06-2018
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