TMI BlogNotifying the rules of origin under SAFTAX X X X Extracts X X X X X X X X Extracts X X X X ..... relation to such products, to the satisfaction of the designated Authority. Rule 4: Originating products.- Products covered by the Agreement imported into the territory of a Contracting State from another Contracting State which are consigned directly within the meaning of Rule 12 hereof, shall be eligible for preferential treatment if they conform to the origin requirement under any one of the following conditions: (a) Products wholly produced or obtained in the territory of the exporting Contracting State as defined in Rule 5; or (b) Products not wholly produced or obtained in the territory of the exporting Contracting Stat e provided that the said products are eligible under Rule 6. Rule 5: Wholly produced or obtained.- Within the meaning of Rule 4(a), the following shall be considered as wholly produced or obtained in the territory of the exporting Contracting State (a) raw or mineral products 1 extracted from its soil, its water extending upto its Exclusive Economic Zone (EEZ), or its sea bed extending upto its seabed or continental shelf; (b) Agriculture, vegetable and forestry products harvested there; (c) animals born and raised there; (d) prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts of products to constitute a complete product; (7) a combination of two or more operations specified in (1) to (6); Rule 8: Single Contracting State Content.- (a) Products originating in the exporting Contracting State shall be considered to be sufficiently worked or processed for the purposes of granting originating status if they fulfill the following conditions: (i) The final product is classified in a heading at the four digit level of the Harmonized Commodity Description and Coding System differently from those in which all the non-originating materials 5 used in its manufacture are classified and (ii) Products worked on or processed as a result of which the total value of the materials, parts or produce originating from other countries or of undetermined origin used does not exceed 60% of the FOB value of the products produced or obtained and the final process of manufacture is performed within the territory of the exporting Contracting State. (b) Notwithstanding the condition laid down in paragraph (a) of this Rule, the products listed in Annex-A shall be eligible for preferential treatment if they comply with Rule 8 (a) or they fulfill the condition c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transit through one or more intermediate non-Contracting States with or without transshipment or temporary storage in such countries, provided that: (i) the transit entry is justified for geographical reason or by considerations related exclusively to transport requirements; (ii) the products have not entered into trade or consumption there; (iii) the products have not undergone any operation there other than unloading and reloading or any operation required to keep them in good condition; (iv) the products have remained under the customs control in the country of transit. Rule 13: Treatment of packing.- When determining the origin of products, packing should be considered as forming a whole with the product it contains. However, packing may be treated separately if the national legislation so requires. Rule 14: Procedures for Issuance and Verification of Certificate of origin.- Detailed Operational Certification Procedures for implementation of these Rules of Origin are at Annex-B . Rule 15: Prohibitions.- Any Contracting State may prohibit importation of products containing any inputs originating from States with which it does not have economic and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition in the Exporting Contracting State, calculated as per the following formula: S.No. HS Heading /Chapter Harmonised Description Product Specific Rules (1) (2) (3) (4) 1. 060499 Other CTSH 30% DVA 2. 080132 Shelled Cashew nuts CTSH 60% DVA 3. 081350 Mixtures of dried fruits of this Chapter CTSH 60% DVA 4. 150790 -Other CTSH 30% DVA 5. 150890 -Other CTSH 30% DVA 6. 150990 -Other CTSH 30% DVA 7. 151190 -Other CTSH 30% DVA 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26. 450190 Other CTSH 30% DVA 27. 481820 Handkerchiefs, cleansing or facial tissues Only CTH 28. 481840 Sanitary towels Only CTH 29. 701990 Other CTSH 30% DVA 30. 720221 Ferro-silicon containing by weight more than 55 % of silicon CTSH 30% DVA 31. 830110 Padlocks CTSH 30% DVA 32. 841011 --Of a power not exceeding 1,000 kW CTSH 30% DVA 33. 841311 Pumps for dispensing fuel or lubricants, of the type used in filling-stations or in garages CTSH 30% DVA 34. 841319 Other pumps fitted or designed to be fitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 841510 -Window or wall types, self contained or Split-system . CTSH 30% DVA 52. 841520 Of a kind used for persons, in motor vehicles CTSH 30% DVA 53. 841581 Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps) CTSH 30% DVA 54. 841583 Not incorporating a refrigerating unit CTSH 30% DVA 55. 841710 Furnaces and ovens for the roasting, melting or other heat-treatment of ores, pyrites or of metals CTSH 30% DVA 56. 841810 Combined refrigerator-freezers, fitted Refrigerators, household type: CTSH 30% DVA 57. 841821 Compression-type CTSH 30% DVA 58. 841822 Absorption-type, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other rolling machines CTSH 30% DVA 76. 842111 Cream separators CTSH 30% DVA 77. 842121 For filtering or purifying water CTSH 30% DVA 78. 842122 For filtering or purifying beverages other than water CTSH 30% DVA 79. 842129 Other CTSH 30% DVA 80. 842211 Of the household type CTSH 30% DVA 81. 842219 Other CTSH 30% DVA 82. 842220 Machinery for cleaning or drying bottles or other containers CTSH 30% DVA 83. 842230 Machinery for filling, closing, sealing, or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CTSH 30% DVA 99. 843319 --Other CTSH 30% DVA 100. 843780 -Other machinery CTSH 30% DVA 101. 843880 Other machinery: CTSH 30% DVA 102. 844010 Machinery CTSH 30% DVA 103. 844110 Cutting machines CTSH 30% DVA 104. 844180 Other machinery CTSH 30% DVA 105. 844329 Other CTSH 30% DVA 106. 844340 Gravure printing machinery CTSH 30% DVA 107. 845210 Sewing machines of the household type: CTSH 30% DVA 108. 845221 Automatic units: CTSH 30% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a power handling capacity exceeding 16 kVA but not exceeding 500 kVA CTSH 30% DVA 124. 850434 --Having a power handling capacity exceeding 500 kVA CTSH 30% DVA 125. 850440 Static converters CTSH 30% DVA 126. 850450 -Other inductors CTSH 30% DVA 127. 850610 Manganese dioxide CTSH 30% DVA 128. 850630 Mercuric oxide CTSH 30% DVA 129. 850640 Silver oxide CTSH 30% DVA 130. 850650 Lithium CTSH 30% DVA 131. 850660 Air-zinc CTSH 30% DVA 132. 850680 Other primary cells and primary batteries CTSH 30% DVA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 152. 853931 Fluorescent, hot cathode CTSH 40% DVA 153. 853932 Mercury or sodium vapour lamps; metal halide lamps CTSH 40% DVA 154. 853939 Other of discharged lamps, other than ultra-violet lamps CTSH 40% DVA 155. 854011 -- Cathode-day television picture tubes, including video monitor cathode-ray tubes; colour CTSH 40% DVA 156. 854210 Cards incorporating an electronic integrated circuits ( smart cards) CTSH 30% DVA 157. 854221 Monolithic digital integrated circuits obtained by bipolar technology CTSH 30% DVA 158. 854229 Other CTSH 30% DVA 159. 854260 Hybrid integrated circuits CTSH 30% DVA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther Wooden furniture CTSH 30% DVA 178. 940540 Other electric lamps and lighting fittings CTSH 30% DVA 179. 950210 -Dolls, whether or not dressed CTSH 30% DVA 180. 960810 -Ball point pens CTSH 30% DVA Annex-B OPERATIONAL CERTIFICATION PROCEDURES FOR SOUTH ASIAN FREE TRADE AREA (SAFTA) RULES OF ORIGIN For the purposes of implementing the Rules of Origin as provided for in Rule 14 of SAFTA Rules of Origin, the following operational certification procedures shall be followed: AUTHORITY ARTICLE 1 The Certificate of Origin shall be issued by authority designated by the Government of the exporting Contracting State (hereinafter referred to as Issuing Authority) and notified to the other Contracting States . ARTICLE 2 (a) Each Contracting State shall inform the other Contracting States of the names and addresses of the officials authorized to issue the Certificate of Origin and shall provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall comprise one original and one duplicate in the following colours: Original - light orange Duplicate - white (d) Each Certificate of Origin shall bear a reference number given separately by each office of issuance at different places. (e) The original shall be forwarded by the exporter to the importer for submission to the Customs Authority at the port or place of importation. The duplicate shall be retained by the Issuing Authority of the exporting Contracting State. (f) After issuance of the Certificate of Origin, the Issuing Authority of the exporting Contracting State shall electronically send the information on issuance of certificate of origin on a weekly basis as per format provided in Appendix -2 to the Issuing Authority of respective importing Contracting State. ARTICLE 8 The Certificate of Origin issued by the Issuing Authority shall indicate the applicable Rules of Origin and the value of non-originating material expressed as a percentage of the f.o.b. value of the products, or the sum of the aggregate content originating in the territory of the exporting Contracting State expressed as a percentage of the f.o.b. value of the exported product; whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure to observe the time-limit results from force majeure or other valid causes beyond the control of the exporter; and (c) In all cases, the relevant Government authority in the importing Contracting State may accept such Certificate of Origin provided that the products have been imported before the expiration of the validity of the Certificate of Origin. ARTICLE 14 The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the Customs Authority of the importing Contracting State for the purpose of carrying out the formalities for importing the products shall not ipso-facto invalidate the Certificate of Origin, if it does, in fact, correspond to the said products. ARTICLE 15 (a) The importing Contracting State may request to the Issuing Authority of the exporting Contracting State for a retrospective check at random and/or when it has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the products in question or of certain parts thereof. (b) The request shall be accompanied with the Certificate of Origin concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing shall be produced to the Government authorities of the importing Contracting State: (a) A through Bill of Lading/ Airway bill or corresponding transport document issued in the exporting Contracting State ; (b) A Certificate of Origin issued by the Issuing Authority of the exporting Contracting State; (c) A copy of the original commercial invoice in respect of the product; and (d) Supporting documents in evidence that the requirements of Rule 12 of SAFTA Rules of Origin are being complied with. ARTICLE 19 (a) Products sent from one Contracting State for exhibition in another Contracting State and sold during or after the exhibition shall benefit from the preferential tariff treatment provided in this Agreement, on the condition that the products meet the requirements of Rule 4 of the SAFTA Rules of Origin and provided it is shown to the satisfaction of the relevant Government authorities of the importing Contracting State that: (i) An exporter has dispatched those products from the territory of the exporting Contracting State to the importing Contracting State where the exhibition is held and has exhibited them there, (ii) The exporter has sold the go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roduced in (country) and that they comply with the origin requirements specified for those goods in SAFTA for goods exported to . (importing country) .. Place and date, signature of authorized signatory 13. Certificate It is hereby certified on the basis of control carried out, that the declaration by the exporter is correct .. Place and date, signature and Stamp of Certifying authority I General Conditions To qualify for preference, products must: (a) fall within a description of products eligible for preference in the schedule of concessions of SAFTA country of destination; (b) comply with SAFTA Rules of Origin. Each article in a consignment must qualify separately in its own right; and (c) comply with the consignment conditions specified by the SAFTA Rules of Origin. In general, products must be consigned directly within the meaning of Rule 12 hereof from the country of exportation to the coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notes:- 1 Includes mineral fuels, lubricants and related materials as well as mineral or metal ores. 2 Vessels shall refer to fishing vessels engaged in commercial fishing, registered in the country of the Contracting State and operated by a citizen or citizens of the Contracting State or partnership, corporation or association, duly registered in such country, at least 60 per cent of equity of which is owned by a citizen or citizens and/or Government of such Contracting State or 75 per cent by citizens and/or Governments of the Contracting 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 Contracting State will also be eligible for preferential treatment. 3 In respect of vessels or factory ships operated by Government agencies, the requirements of flying the flag of the Contracting State do not apply. 4 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
