TMI BlogCustoms Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Transitional Islamic State of Afghanistan and Republic of India) Rules, 2003X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be deemed to be the produce or manufacture of either country unless the conditions specified in these rules are complied with in relation to such products, to the satisfaction of the appropriate Authority. 4. Declaration at the time of importation:- The importer of the product shall, at the time of importation- (a) make a claim that the products are the produce or manufacture of the country from which they are imported and such products are eligible for preferential treatment under the Agreement, and (b) produce the evidence specified in these rules. Explanation:- For the purposes of this notification, "Preferential treatment" in relation to any product means the exemption granted under the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.76/2003-Customs dated the 13th May, 2003 and includes preferential concessions. 5. Originating products:- Products covered by the Agreement imported into the territory of a Contracting Party from another Contracting Party which are consigned directly within the meaning of rule 9 hereof, shall be eligible for preferential treatment if they conform to the origin requirement under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Government agencies, the requirements of flying the flag of the Contracting Party does not apply. Explanation III:- 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 clause (f) of Rule 6. 7. Not wholly produced or obtained:- (a) Within the meaning of rule 5(b), products worked on, or processed as a result of which the total value of the materials, parts or produce originating from countries other than the Contracting Parties or of undetermined origin used does not exceed 50% of the f.o.b. value of the products produced or obtained and the final process of manufacture is performed within the territory of the exporting Contracting Party shall be eligible for preferential treatment, subject to the provisions of clauses (b), (c), (d) and (e) of rule 7 and rule 8. (b) Non-originating materials shall be considered to be sufficiently worked or processed when the product obtained is classified in a heading, at the four digit level, of the Harmonised Commodity Description and Coding System different from those in which all the non-ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the exporting Contracting Party shall be not less than 30 per cent of the f.o.b. value of the product under export subject to the condition that the aggregate value addition in the territories of the Contracting Parties is not less than 40 per cent of the f.o.b. value of the product under export. Explanation:-Cumulation as implied by Rule 8 means that only products which have acquired originating status in the territory of one Contracting party may be taken into account when used as inputs for finished product eligible for preferential treatment in the territory of the other Contracting Party. 9. Direct consignment:- The following shall be considered to be directly consigned from the exporting country to the importing country, namely:- (a) if the products are transported without passing through the territory of any country other than the countries of the Contracting Parties. (b) the products whose transport involves transit through one or more intermediate countries with or without transhipment or temporary storage in such countries: Provided that (i) the transit entry is justified for geographical reason or by considerations related exclusively to transport requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... REFERENTIAL TRADING ARRANGEMENT (IAPTA) (Combined declaration and certificate) Issued in ……………….. Country) (See notes overleaf) 2. Goods consigned to (Consignee's Name, Address, Country) 4. For Official use 3. Means of transport and route (as far as known) 5. Tariff item number 6.Marks and numbers of packages 7. Number and kind of packages description of goods 8.Origin criterion (see Notes overleaf) 9. Gross weight or other quantity 10. Number and date of invoice 11. Declaration by the Exporter The undersigned hereby declares that the above details and statements are correct; That all the goods were produced in …………………………………. (Country) and that they comply with the origin requirements specified for those goods in IAPTA for goods exported to ……………………. (Importing Country) ……………………………………………. Place and date, signature of the authorised signatory 12. Certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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