TMI BlogMakes the Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007X X X X Extracts X X X X X X X X Extracts X X X X ..... after referred as the "Agreement"). GENERAL PROVISIONS Rule 2. Definitions For the purpose of these Rules: chapters, headings and subheadings mean the chapters, the headings and the subheadings (two, four and six digit codes respectively) used in the nomenclature which makes up the Harmonized System or HS; CIF means the value of the good imported that includes the cost of freight and insurance up to the port or place of entry in the country of importation ; classification refers to the classification of a product or material under a particular heading of the HS; customs value means the value as determined in accordance with the Article VII and the Agreement on Implementation of Article VII of GATT 1994 (WTO Agreement on Customs Valuation); factory ship means any vessels, as defined, used for processing and/or making on board products exclusively from those products referred to in Clause (f) and (g) of Article 5; FOB means the value of the good free on board, independent of the means of transportation, at the port or site of final shipment abroad; goods means both materials and products; Harmonized System means the nomenclature which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a Party: (a) mineral products extracted from the soil or subsoil of any of the Parties, including its territorial seas, continental shelf or exclusive economic zone; (b) Plants 2 and plant products grown, harvested, picked or gathered there including in its territorial seas, continental shelf or exclusive economic zone; (c) live animals born, and raised there, including by aquaculture; (d) products from animals as in (c) above 3 . (e) Animals and products thereof obtained by hunting, trapping, collecting, fishing or and capturing there; including its inland waters, territorial seas, continental shelf or in the exclusive economic zone; (f) Products of sea fishing and other marine products taken from the high seas by its vessels as defined in Article 2; (g) goods processed and/or made on board its factory ships as defined in Article 2 exclusively from the products mentioned in subparagraphs (e) and (f); (h) waste and scrap resulting from utilisation, consuming or manufacturing operations conducted in the territory of any of the Parties, provided they are fit only for the recovery of raw materials; and (i) goods produced in any of the Parties exclusively fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in good condition during transport and storage such as aeration, drying, refrigeration, immersion in salty or sulphured water or in water added with other substances, extraction of damaged parts and similar operations; (b) dilution in water or in any other substance which does not substantially alter the product characteristics; (c) simple operations such as removal of dust, sifting, screening, sorting, classifying, grading, matching, washing, painting, husking, stoning of seeds, slicing and cutting; (d) simple change of package and breaking‑up and assembly of packages; (e) simple packing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations; (f) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; (g) simple cleaning, including removal of oxide, oil, paint or other coverings; (h) simple assembly of parts to constitute a complete article or, disassembly of products into parts, in accordance with General Rule2(a) of the Harmonised System; (i) slaughter of animals; (j) simple mixing of products, provided the characteristics of the obtained produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall furnish a sworn declaration for the quantity of products considered as originating and keep all documentary evidence of origin of the materials. At the request of the competent authorities of the exporting Party, the producer shall provide satisfactory information on how the stocks have been managed. 5. The competent authority may require from its exporters that the application of the method for managing stocks as provided for in this Article will be subject to prior authorisation. Rule 10. Sets.- Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non originating goods, the set as a whole shall be regarded as originating, provided that the CIF value of the non originating goods utilized in the composition of the set does not exceed 15% per cent of the FOB price of the set. Rule 11. Packages and packing materials for retail sale.- 1 The packages and packing materials for retail sale, when classified together with the packaged product, according to General Rule 5 (b) of the Harmonised System, shall not be taken into account fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eographical reasons or by consideration related exclusively to transport requirements; (ii) they are not intended for trade, consumption, use or employment in the country of transit; or (iii) they do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition; and (c) the period of such transit shall not exceed six months and goods under such transit shall bear the proof of having been under customs surveillance through necessary endorsements in the relevant customs document(s). SECTION III PROOF OF ORIGIN Rule 15. Certification of Origin.- 1. The Certificate of Origin is the document that certifies that goods fulfil the origin requirements as set out in these Rules so that they can benefit from the preferential tariff treatment as foreseen in this Agreement. The said Certificate is valid for only one importing operation concerning one or more goods and its original or in exceptional cases a copy of the original of which has to be submitted within 30 days from the date of clearance of goods in the importing Party and shall be included in the documentation to be presented at the customs authorities of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff classification (at least 6 level digit); - CIF value, in United States of America dollars; - percentage on the total value of the final product . (iii) non‑originating materials, components and/or parts indicating: ‑ exporting Country; ‑ tariff classification(at least 6 level digit), ‑ CIF value, in United States of America dollars, and ‑ percentage on the total value of the final product; and (iv) description of the manufacturing process . 2. The description of the good in the sworn origin declaration, which certifies the fulfilment of the origin requirements set out in these Rules, shall correspond to the respective tariff classification, as well as with the description of the good in the commercial invoice and in the Certificate of Origin. 3. If the goods are regularly exported and their manufacturing process, as well as their materials are not modified, the Sworn Declaration of the Producer may be valid for a period of up to one year counted from the date of the issue of the certificate. 4. The Origin Certificate shall be issued not later than five (5) working days after the request presentation and it shall be valid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r may take any action necessary in order to preserve fiscal interests, as a pre‑condition for the completion of the importation operations. 6. If a guarantee is required, its amount shall not be higher than the value of the applicable custom duties concerning the importation of the product from third countries, according to the legislation of the importing country. Rule 18.- 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. Rule19.- The information obtained under the conditions of the present Chapter shall be confidential in character , in accordance with its law, and shall protect such information from disclosure that could prejudice the competitive position of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n; (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) send to the competent authorities of the exporting Party a written questionnaire to be passed on to the exporter or producer, indicating the origin certificate under investigation; (e) request to the competent authorities of the exporting Parties to facilitate visits to the premises of the producer, with a view to examining the production processes, as well as the equipment and tools utilized in the manufacture of the product under investigation; (f) the competent authorities of the Contracting Party shall accompany the authorities of the importing Contracting Party in their above‑mentioned visit, which may include the participation of specialists who shall act as observers. Each Party could designate specialists, who shall be neutral and have no interest whatsoever in the investigation. Each Party may deny the participation of such specialists whenever the latter represent the interests of the companies or institutions involved in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essary, the competent authorities of the importing Party shall communicate the fact to the competent authorities of the exporting Party. The term for the execution of such new actions or for the presentation of additional information shall be not more than ninety (90) days, from the date of the receipt of all the additional information, according to Article 23. 3. If the investigation is not concluded within ninety (90) days after all the information has been provided, the importer shall be released from the payment of the guarantee, regardless of the continuation of the investigation. Duties paid in excess shall be promptly refunded in accordance with the domestic legislation of the Parties. Rule 28.- 1. The customs authorities of the importing Party shall inform the importers and the competent authorities of the exporting Party of the conclusion of the investigation process, as well as the reasons that led to its decision. 2. The customs authority of the importing Party shall grant the competent authority of the exporting Party, access to the investigation files, in accordance with its legislation. Rules 29.- During the investigation process, occasional modifications in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orities of the Party requesting the investigation shall bring to the notice of the authorities of the importing Party the relevant information within forty five (45) days, from the date of the request. Once this information is received, the importing Contracting Party may initiate the proceedings established in this Rules, giving notice of this to the Party that requested the initiation of the investigation. Rule 33.- The proceedings of verification and control of origin as foreseen in these Rules may also apply to the goods already cleared for home consumption . Rule 34.- 1. Within sixty (60) days, from the receipt of the communication as provided in Article 28 or in the third paragraph of Article 31, in case the measure is inconsistent, the exporting Party may request for consultation to the Committee, stating the technical and legal reasons that would indicate that the measure adopted by the competent authorities of the importing Party are not consistent with these Rules; and/or request a technical advice with the aim of establishing whether the goods under investigation fulfil the origin rules of this Agreement . Rule 35.- The time periods set in these Rules shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erial Number : 1. Exporter (name, full address, Country) ID No. 2. Producer ( name, full address , Country) ID No 3. Importer (name, full address, country) 4. Observations 5. Port of Shipment 6. Country of origin 7.Description of Goods (1); Marks and numbers; Number and kind of packages (2). [8. HS Number (Six Digit Code)] 9.Gross mass (kg) or other measure (liters, m , etc.) 10.Origin Criterion(3) 11 .Invoices (N and date and Value) 12. COMPETENT GOVERNMENTAL AUTHORITY ENDORSEMENT Declaration certified Competent governmental office: .. Issuing country: Stamp. Place and date ... ............................................................... (Signature) 13. DECLARATION BY THE EXPORTER I certify that: The information on this document is true and accurate and I assume the responsibility for providing suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... producer of the goods described overleaf, DECLARE that the above goods are originating and meet the origin requirements established in this Agreement. UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing a certificate of origin, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities; REQUEST the issue of a certificate of origin for these goods. (Place and date) (Signature) (1) The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through Information relating to the good to be exported, which must indicate: (i) materials, components and/or parts originating from the exporting Contracting Party; (ii) materials, components and/or parts originating from the other ..... X X X X Extracts X X X X X X X X Extracts X X X X
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