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 ..... ies. 3. Determination of Origin: - No product shall 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 13 th 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 prefere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which is owned by a citizen or citizens and/or Government of such Contracting Party or 75 per cent by citizens and/or Governments of the Contracting Parties. 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 Contracting Party will also be eligible or preferential treatment. Explanation II:- In respect of vessels or factory ships operated 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not meet the conditions laid down in these Rules to enable them to be considered as originating products. (6) simple assembly of parts of products to constitute a complete product. (7) a combination of two or more operations specified in (a) to (f). (8) slaughter of animals. (e) The value of the non-originating materials, parts or produce shall be: (i) The c.i.f. value at the time of importation of the materials, parts or produce where this can be proven; or (ii) The earliest ascertainable price paid for the materials, parts or produce of undetermined origin in the territory of the Contracting Parties where the working or processing takes place. 8. Cumulative rules of origin:- In respect of a product, which complies with the origin requirements provided in rule 5(b) and is exported by any Contracting Party and which has used material, parts or products or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. 13. Co-operation between contracting parties:- (a) The Contracting Parties will do their best to co-operate in order to specify origin of inputs in the Certificate of origin. (b) The Contracting Parties will take measures necessary to address, to investigate and, where appropriate, to take legal and/or administrative action to prevent circumvention of this Agreement through false declaration concerning country of origin or falsification of original documents. (c) Both the Contracting Parties will co-operate fully, consistent with their domestic laws and procedures, in instances of circumvention or alleged circumvention of the Agreement to address problems arising from circumvention including facilitation of joint plant visits and contacts by representatives of both Contracting Parties upon request and on a case - by - case basis. (d) If either Party believes that the rules of origin are being circumvented, it may request consultation to address the matter or matters concerned with a view to seeking a mutually satisfactory s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tination. II. Entries to be made in Box 8 Preference products must be wholly produced or obtained in the exporting Contracting Party in accordance with Rule 6 of the IAPTA Rule of Origin, or where not wholly produced or obtained in the exporting Contracting Party must be eligible under Rule 7 or Rule 8. Products wholly produced or obtained enter the letter 'A' in box 8. Products not wholly produced or obtained, the entry in box 8 should be as follows: Enter letter 'B' in box 8 for products, which meet the origin criterion according to Rule 7. Entry of letter would be followed by the sum of the value of materials, parts or produce originating from non-contracting parties or undetermined origin used, expressed as a percentage of the f.o.b. value of the products: (example 'B' ( ) percent). Enter letter 'C' in box 8 for products, which meet the origin criteria according to Rule 8. Entry of letter 'C' would be followed by the sum of the aggregate content originating in the territory of the exporting Contracting Party expressed as a percentage of the f.o.b. value of the exported product (example 'C' ( ) per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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