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TMI BlogDetermination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile (Amendment) Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... be called the Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile (Amendment) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the said rules, in rule 6, after sub-rule (5), the following sub-rule shall be inserted, namely:- "(6) Notwithstanding the provisions of the sub-rule (1) and sub-rule (2), a product shall be considered as originating if it fulfils the conditions laid down in the Annex to these rules and final process of manufacturer is performed within the territory of the exporting Party.". 3. In the said rules, in Section III, under the heading PROOF OF ORIGIN, for rule 15 and rule 16, the following rules shall be substituted, namely:- "Rule 15. Certificate 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 and it is valid for only one importing operation concerning one or more goods. (2) For the purpose of claiming the preferential tariff treatment f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rules- (i) to whom the specimen seals and signatures of the issuing authorities of the other Party should be communicated:- India: The Director (International Customs), Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India, Room No. 49, North Block, New Delhi 110001, INDIA. Telephone: +91 11 2309 3380 Fax +91 11 2309 3760 e-mail: [email protected] Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180 Santiago Chile; Telephone: +562 28275100 e-mail: [email protected] ; (ii) to whom the references of verification of Certificate of Origin issued by the Party, should be addressed:- India: The Director, RMTR Division, Department of Commerce, Ministry of Commerce & Industry, Government of India, Room No. 224C, Udyog Bhawan, New Delhi. Tel. No. 011-23092577 Email: [email protected], [email protected] Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180, Santiago. Te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e taken into account for calculation of local value addition. Rule 16. Issue of Certificates of Origin (1) For the issue of a certificate of origin, the final producer or exporter of the goods 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 and the said sworn declaration shall contain at least the following data, namely:- (a) individual's name or company name; (b) address; (c) description of the goods to be exported and its tariff classification; (d) FOB value of the goods to be exported; and (e) information relating to the goods to be exported, which must indicate: (i) materials, components and/or parts originating from the exporting Party and the Customs tariff heading, wherever possible, (ii) materials, components and/or parts originating from the other Party indicating: - origin, - tariff classification (at least 6 digit level), - CIF value, in United States of America dollars, and - percentage on the total value of the final product. (iii) non-origina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments supporting the certificate of origin for a period no less than five years, from the date of its issue and the issuing authority shall enumerate the certificates issued by them in sequential order. (9) The issuing authority shall keep a permanent record of all issued certificate of origin, which shall contain at least the certificate number, the requesting entity's name and the date of its issue.". 4. In the said rules, in Section IV, under the heading Control and Verification of Certificates of Origin, for rule 17 to rule 36 the following shall be substituted; namely:- "Rule 17 1. Regardless of the presentation of a certificate of origin in accordance with the these rules, the customs authorities of importing Party in the cases of reasonable doubt, as to the authenticity of a certificate of origin, as well as the veracity of the information contained therein, may initiate an verification in accordance with the procedures established in rule 18 and this shall not preclude the application of the respective national legislation including customs law. 2. The competent authorities of importing Party shall put forward the reasons for the doubts concerning the authenticity of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich may include the participation of specialists who shall act as observers: Provided that, each Party may designate specialists, who shall be neutral and have no interest whatsoever in the verification: Provided further that, each Party may deny the participation of such specialists whenever the latter represent the interests of the companies involved in the verification; (h) once the visit is concluded, the participants shall subscribe the minutes of it, in which it shall be indicated that it was carried out according to the conditions established in these rules and the said minutes shall contain, in addition, the following information, namely:- (i) date and place of the carrying out of the visit; (ii) identification of the certificates of origin which led to the verification; (iii) identification of the goods under verification; (iv) identification of the participants, including indications of the organs and institutions to which they belong; and (v) a visit report; (i) the exporting Party may request the postponement of a verification visit for a period not more than thirty days; and (j) the Parties may carry out other actions as mutually agreed upon between th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty shall engage to conclude the verification in a period preferably within sixty days but not more than ninety days, from the date of the receipt of all the information requested in accordance with rule 18: Provided that where new investigative actions or the presentation of more information are necessary, the competent authorities of the importing Party shall communicate the fact to the competent authorities of the exporting Party and the term for the execution of such new actions or for the presentation of additional information shall be not more than sixty days, from the date of the receipt of all the additional information, according to rule 18. Rule 24 Except as otherwise provided in these rules, the competent authorities of the importing Party may consider that the goods under verification do not fulfil the origin requirements and may deny preferential tariff treatment to the goods mentioned in the certificate of origin under verification according to rule 17, when,- (a) the goods do not meet the requirements of these rules; (b) the exporter, producer or importer of the goods fail to demonstrate compliance with the requirements which are applicable under these rules; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uirements of the rules of origin of these rules. (3) Once the competent authorities of the exporting Party has sent the information demonstrating that the manufacturing conditions were modified and goods fulfil the origin criterion, the competent authorities of the importing Party shall have forty-five day time, from the date of the receipt of the said information, to communicate its decision there upon, or to request for a verification visit to the producer's premises, according to clause (e) of rule 18, if deemed necessary. (4) If the competent authorities of the importing and the exporting Parties fail to agree on the demonstration of the modification of the manufacturing conditions, they may make use of the Dispute Settlement Procedure established as per Article XVIII of this Agreement. Rule 29 (1) A Party may request to the other Party to investigate the origin of a goods imported by the latter from other Party, whenever there are well-founded reasons for suspecting that its products undergo competition from imported products with preferential tariff treatment which do not fulfil the requirements of these rules. (3) For such purposes, the competent authorities of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... term "heading" means the first four digits in the tariff classification number under the Harmonized System; and (iii) the term "subheading" means the first six digits in the tariff classification number under the Harmonized System; and (d) this Annex is based on the Harmonized System as amended on January 1, 2017. PART 2 PRODUCT SPECIFIC RULES No. HS Code Product Specific Rule 1 Chapter 1 A change to Chapter 1 from any other chapter 2 Chapter 2 A change to Chapter 2 from any other chapter 3 Chapter 3 A change to Chapter 3 from any other chapter 4 Chapter 4 A change to Chapter 4 from any other chapter 5 Chapter 5 A change to Chapter 5 from any other chapter 6 Chapter 6 A change to Chapter 6 from any other chapter 7 Chapter 7 A change to Chapter 7 from any other chapter 8 Chapter 8 A change to Chapter 8 from any other chapter 9 Chapter 9 A change to Chapter 9 from any other chapter 10 Chapter 10 A change to Chapter 10 from any other chapter 11 Chapter 11 A change to Chapter 11 from any other chapter 12 Chapter 12 A change to Chapter 12 from any other chapter for 'Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chapter 42 2203.00 A change to sub-heading 2203. from any other chapter 43 2204.10 A change to sub-heading 2204.10 from any other chapter 44 2204.21 A change to sub-heading 2204.21 from any other chapter 45 2204.29 A change to sub-heading 2204.29 from any other chapter 46 2204.30 A change to sub-heading 2204.30 from any other chapter 47 2208.20 A change to sub-heading 2208.20 from any other chapter 48 2208.70 A change to sub-heading 2208.70 from any other chapter 49 2710.11 A change to sub-heading 2710.11 from any other heading 50 2710.19 A change to sub-heading 2710.19 from any other heading 51 2715.00 A change to sub-heading 2715.00 from any other heading 52 2836.91 A change to sub-heading 2836.91 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 53 3004.31 - 3004.32 A change to sub-heading 3004.31 through 3004.32 from any other heading 54 3004.39 - 3004.90 A change to sub-heading 3004.39 through 3004.90 from any other heading 55 3005.90 A change to sub-heading 3005.90 from any other heading 56 3006.10 A change to sub-heading 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 79 4811.41 A change to sub-heading 4811.41 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 80 4811.59 A change to sub-heading 4811.59 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 81 4811.90 A change to sub-heading 4811.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 82 4814.20 A change to sub-heading 4814.20 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 83 4816.20 A change to sub-heading 4816.20 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 84 7607.11 A change ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8418.69 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 96 8418.99 A change to sub-heading 8418.99 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 97 8419.11 A change to sub-heading 8419.11 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 98 8419.32 - 8419.50 A change to sub-heading 8419.32 through 8419.50 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 99 8419.89 - 8419.90 A change to sub-heading 8419.89 through 8419.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 100 8421.12 - 8421.21 A change to sub-heading 8421.12 through 8421.21 from any other heading or the total value of all non-originating materials or of undeter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 112 8509.80 A change to sub-heading 8509.80 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 113 8523.29 A change to sub-heading 8523.29 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 114 8523.40 A change to sub-heading 8523.41 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 115 8523.51 - 8523.80 A change to sub-heading 8523.51 through 8523.80 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 116 8525.80 A change to sub-heading 8525.80 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termined origin used does not exceed 60% of the FOB value of the product. 128 9018.49 - 9018.90 A change to sub-heading 9018.49 through 9018.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 129 9026.10 - 9026.90 A change to sub-heading 9026.10 through 9026.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 130 9401.61 - 9401.90 A change to sub-heading 9401.61 through 9401.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 131 9403.20 A change to sub-heading 9403.20 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 132 9403.50 - 9403.60 A change to sub-heading 9403.50 through 9403.60 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the p ..... 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