TMI BlogCT (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of MERCOSUR Member States comprising the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Republica Oriental del Uruguay and the Republic of India) Rules, 2009X X X X Extracts X X X X X X X X Extracts X X X X ..... ember States comprising the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Republica Oriental del Uruguay and the Republic of India) Rules, 2009 (hereinafter referred as the "Rules"). (2) They shall come into force on the 1st day of June 2009 GENERAL PROVISIONS Rule 2. Definitions: For the purpose of these Rules: (a) "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; (b) "CIF price" means the price paid to the exporter for the product when the goods pass the ship's rail at the port of importation. The exporter pays the costs and freight necessary to deliver the goods to the named port of destination; (c) "classification" refers to the classification of a product or material under a particular subheading of the HS at 6 digit level and of the respective national tariff schedules of the Signatory Parties at the 8 digit level. (d) "customs value" means the value as determined in accordance with the Article VII and the Agreement on Implementation of Article VII of GATT 1994 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Uruguay and the Republic of India (hereinafter referred as the "Agreement"), the following goods shall be considered as originating from a Signatory Party: (a) The goods wholly produced or obtained in the territory of the Signatory Party as defined in Rule 5 of these Rules; (b) The goods not wholly produced in the territory of the Signatory Party, provided that the said products are eligible under Rule 4 or Rule 6 read with Rule 7 of these Rules. 2. The provisions of paragraph 1 above excludes used or second hand goods. Rule 4. Cumulation of origin Goods originating in any of the Signatory Party when used as an input for a finished product in another Signatory Party, shall be considered originating in the latter. Rule 5. Wholly produced or obtained products The following shall be considered as wholly produced or obtained in the territory of any of the Signatory Party: (a) mineral products extracted from the soil or subsoil of any of the Signatory Parties, including its territorial seas, continental shelf or exclusive economic zone; (b) plants (1) and plant products grown, harvested, picked or gathered there including in its territorial seas, continental she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Produce ------------------------------------------------------------------X 100% 40% FOB price Rule 7. Processes or operations considered as insufficient to confer originating status In the case of the products which have non-originating materials, the following operations, inter alia, shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Rule 6 are satisfied: (a) preserving operations to ensure that the products remain 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as "originating" is the same as that which would have been obtained if there had been physical segregation of the stocks. 4. The customs authorities may grant such authorisation, subject to any conditions deemed appropriate. 5. This method is recorded and applied on the basis of the general accounting principles applicable in the country where the product was manufactured. 6. The beneficiary of this facilitation may issue or apply for proofs of origin, as the case may be, for the quantity of products which may be considered as originating. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed. 7. The customs authorities shall monitor the use made of the authorisation and may withdraw it at any time whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in these Rules. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directly between the exporting Signatory Party and the importing Signatory Party. The goods or products are transported directly provided: 1. They are transported through the territory of one or more Signatory Parties; 2. They are in transit through one or more territories of third countries, with or without trans-shipment or temporary warehousing in such territories, under the surveillance of the customs authorities therein, provided that: i) the transit entry is justified for geographical 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; iii) they do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition; SECTION III PROOF OF ORIGIN Rule 15. Origin Certification 1. The Origin Certificate 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 the Agreement. The said Certificate is valid for only one importing operation concerning one or more goods and its or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exporter of the good shall present the corresponding commercial invoice and a request containing a sworn declaration by the final producer certifying that the goods fulfil the origin criteria of these Rules, as well as the necessary documents supporting such a declaration. The said sworn declaration shall contain at least the following data: a) Individual's name or company name; b) Legal domicile; c) Description of the good to be exported and its tariff classification; d) FOB value of the goods to be exported; e) Information relating to the good to be exported, which must indicate: i) materials, components and/or parts originating from the exporting Signatory Party; ii) materials, components and/or parts originating from other Signatory Parties, indicating: 1) origin; 2) tariff classification; 3) CIF value, in US dollars; 4) Percentage on the total value of the final product. iii) materials, components and/or parts non-originating from the Signatory Parties, indicating: 1) exporting country; 2) tariff classification; 3) CIF value, in US dollars; 4) Percentage on the total value of the final product. iv) description of the manufacturing process. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the veracity of the information contained therein. This shall not preclude the application of the respective national legislation relating to breach of customs law. 2. The compliance with the request for additional information according to this Rule shall only be made with reference to the registers and documents available in Government offices or in the institutions entitled to issue origin certificates. Copies of the documentation necessary for the issuing of origin certificates can be made available. This Rule, however, does not restrain the interchange of information as foreseen in the Customs Cooperation Agreements. 3. The reasons for the doubts concerning the authenticity of the certificate or the veracity of its data shall be put forward in a clear and concrete way. For this purpose, the consultations thereon shall be carried out by a specific office of the competent authorities designated by each Signatory Party. 4. The competent authorities of the importing Signatory Party shall not suspend the importation operations of the goods. However, they may request a guarantee in any of its modalities, in order to preserve fiscal interests, as a precondition for the completi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 18, which may be deemed necessary for verifying the authenticity of the said certificates and the veracity of the information contained therein. In such a request, the number and the date of the issue of the origin certificate under investigation shall be indicated. b) for the purposes of verification of the contents of the local or regional added value, require access to any information or documentation necessary for establishing the CIF value of the non-originating goods used in the production of the goods under investigation and the producer or exporter shall facilitate the same. c) for the purposes of verification of the characteristics of certain production processes required as specific origin requisites, require access to any information and documentation that allow the confirmation of such processes and the exporter or producer shall facilitate the same. d) send to the competent authorities of the exporting Signatory 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 Signatory Parties to facilitate visits to the premises of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certificate under investigation, or still, if the producers do not agree to the visit, the competent authorities of the importing Signatory Party may consider that the products under investigation do not fulfil the origin requirements, and may, as a result, deny preferential tariff treatment to the products mentioned in the origin certificate under investigation according to Rule 21, and thus conclude such investigation. Rule 28. 1. The competent authorities of the importing Signatory Party shall engage to conclude the investigation in a period not more than ninety (90) days, from the date of the receipt of the information requested in accordance with Rule 24. 2. If it is considered that new investigative actions or the presentation of more information are necessary, the competent authorities of the importing Signatory Party shall communicate the fact to the competent authorities of the exporting Signatory 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 the information, according to Rule 24. 3. If the investigation is not concluded within ninety ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monstration of the modification of the manufacturing conditions, they may make use of the Dispute Settlement Procedure established as per Article 29 of this Agreement. Rule 33. 1. A Signatory Party may request another Signatory Party to investigate the origin of a good imported by the latter from other Signatory Party, whenever there are well-founded reasons for suspecting that its products undergo competition from imported products with preferential tariff treatment which do not fulfill the conditions laid down under these Rules. 2. For such purposes, the competent authorities of the Signatory Party requesting the investigation shall bring to the notice of the authorities of the importing Signatory Party the relevant information within forty five (45) days, from the date of the request. Once this information is received, the importing Signatory Party may initiate the proceedings established in these Rules, giving notice of this to the Signatory Party that requested the initiation of the investigation. Rule 34. 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 35. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of goods 9. Gross weight or other quantity 6. N. o Order 10. Origin criterion 11. Observations ORIGIN CERTIFICATION 12. Declaration by the Producer or Exporter: The undersigned hereby declares that the mentioned goods were produced in (country) and they comply with the origin requirements specified in (Agreement). Date___ /__ /______ _______________________________________ Stamp and signature 13. Certification by Certifying Authority: It is hereby certified the authenticity of the previous declaration in accordance with the applicable legislation. (Place), ______________________ Stamp and signature (back) I. To qualify for preference, products must: a. fall within a description of products eligible for concessions in the country of destination under this agreement. b. comply with Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of MERCOSUR Member States comprising the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Republica Oriental del Uruguay and the Republic of India) Ru ..... 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