GST Help   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
GST - Acts SGST - Acts GST - FAQ GST Rates, Exemption CGST Notif. IGST Notif. Exempt Income Salary income
Extracts
Home List
← Previous Next →

Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile (Amendment) Rules 2017

Customs - 48/2017 - Dated:- 16-5-2017 - GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 48/2017 - Customs (N.T.) New Delhi, the 16th May, 2017 G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 ( 51 of 1975), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following rules to amend the Rules of Determination of Origin of Goods under the Pref .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hall 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, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

treatment for an originating goods of the exporting Party, the certificate of origin shall be submitted in original to the customs authority of the importing Party. (3) The certificate of origin shall be submitted within its validity period. (4) The certificate of origin submitted to the customs authority of importing Party after the expiration of the validity of the certificate of origin shall be accepted for the purpose of claiming preferential tariff when the failure to observe the time limit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

law for the time being in force in the territory of the importing Party. (6) Notwithstanding the provisions of the sub-rule (5), if the importer does not possess the information or if the information provided is not sufficient to determine whether the goods are originating in the exporting Party, the customs authority of the importing Party shall request information from the issuing authority in accordance with section IV of these rules. (7) The issue of certificates of origin and its control, s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tent authorities of other Party of the names and addresses of the authorised officials of its respective issuing authority of certificate of origin and also provide sets of their specimen signatures and specimen of official seals. (10) Each Party shall intimate the name, designation and contact details (address, phone number, fax number, e-mail) of its competent authorities for the purposes of these rules- (i) to whom the specimen seals and signatures of the issuing authorities of the other Part .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tificacionorigen@direcon.gob.cl ; (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: d1rmtr-doc@nic.in, d2rmtr-doc@nic.in Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affai .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ectorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180, Santiago. Telephone: +562 28275100 e-mail: certificacionorigen@direcon.gob.cl ; (iv) from whom references would emanate for verification of Certificate of Origin issued by the other Party:- 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 33 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on submission of a sworn declaration by the final producer of the goods, referred to in sub-rule (1) of rule 16, along with the respective commercial invoice. (13) In all cases, the number and date of the commercial invoice shall be indicated in the box reserved for this purpose in the certificate of origin. (14) When the goods to be traded is invoiced by a non-Party operator, the producer or exporter of the originating Party shall inform, in the field titled observations of the respective certi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he 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 classif .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l product. (iii) non-originating materials, components and/or parts indicating: - exporting Country, - 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; and (iv) description of the manufacturing process. (2) The description of the goods in the sworn declaration, which certifies the fulfilment of the origin requirements set out in these rules, shall correspond to the respective tariff classif .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hall be valid for a period of one year from the date of its issue. (5) The certificates of origin shall not be issued before the date of the issue of the commercial invoice relating to the consignment, but may be issued on the same date or within the following sixty days. (6) In the event of theft, loss or destruction of a certificate of origin, the exporter may apply in writing to the issuing authority which issued it for a certified true copy of the original to be made on the basis of the expo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

orting Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party for the purpose of carrying out the formalities for importing the products shall not ipso facto invalidate the certificate of origin if it corresponds to the products under importation. (8) The requesting Party and the certifying offices or authorised institutions shall keep the documents supporting the certificate of origin for a period no less than five years, from th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

7 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 au .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

formation, as well as any copy of the documentation in possession of the issuing authority which issued the certificate of origin under verification, which may be deemed necessary for verifying the authenticity of the said certificate of origin and the veracity of the information contained therein and in such a request, the number and the date of the issue of the certificate of origin under verification shall be indicated; (b) for the purposes of verification of the contents of the local or regi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rting Party may send a questionnaire to the issuing authority of the exporting Party which shall be passed on to the exporter or producer, indicating the certificate of origin under verification; (e) when the customs authority of the importing Party is not satisfied with the results of the verification of origin pursuant to clauses (a) to (d), it shall deliver a written request to the issuing authority of the exporting Party to facilitate visits to the premises of the producer, with a view to ex .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ay 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 c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ty 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 them, relating to the case under verification. Rule 19 The issuing authorities of the exporting Party shall provide the information and documentation requested according to rule 18, within,- (i) thirty days of the date of receipt of the request, if the request pertains to the authenticity of seal and signatures of the issu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

20 (1) The customs authorities of the importing Party shall not suspend the importation operations of the goods or of identical goods from the same exporter or producer. (2) The customs authorities of the importing Party may deny preferential tariff treatment and request a guarantee in any of its modalities or may take any action necessary in order to preserve fiscal interests, as a pre-condition for the completion of the importation operations subject to and in accordance with the laws and proc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tive position of the persons providing the information and it shall be utilised with a view to clarifying the matter under verification by the competent authorities of the importing Party as well as during the verification and legal proceedings. Rule 22 The customs authorities of the importing Party shall immediately notify the importer and the competent authorities of the exporting Party upon initiation of the verification envisaged under rule 17, in accordance with the procedures established i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 or .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ulated time; (e) the consent to a request for verification visit is not received from the competent authorities of the exporting Party or the exporter or producer; or (f) the information provided by the issuing authorities of the exporting Party or exporter or producer is not sufficient to prove that the goods qualifies as an originating goods of the exporting Party. Rule 25 (1) In cases where the certificate of origin is rejected by the competent authorities of the importing Party, the original .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

verification files, in accordance with its domestic legislation. Rule 26 During the investigation process, occasional modifications in the manufacturing conditions made by the companies under verification shall be taken into account for future shipments. Rule 27 Once the verification for the qualification of the origin concludes with a determination in favour of the importer, the importer shall be released from the guarantees requested in rule 20, within not more than thirty days and shall be p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ds from the same producer, until it is clearly demonstrated that the manufacturing conditions were modified so as to fulfil the origin requirements 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 informa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vestigate 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 Party requesting the verification shall bring to the notice of the authorities of the importing Party the relevant information within sixty days, from the date of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

measure is inconsistent, the exporting Party may request for consultation to the Joint Administration Committee referred to in Article XVII of this Agreement, 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 verification fulfil the requirements of these rules. Rule 32 The time periods se .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n the said rules, after rule 33, the following Annex shall be inserted, namely:- Annex [see sub-rule (6) of rule 6] Product Specific Rules PART 1 General Notes For the purposes of the product specific rules set out in this Annex,- (a) the product specific rule, or specific set of rules, that applies to a particular chapter, heading or subheading is set out immediately adjacent to the chapter, heading or subheading; (b) where the specific set of rules provides for more than one rule to be selecti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 cha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rom any other chapter 14 Chapter 14 A change to Chapter 14 from any other chapter 15 Chapter 15 A change to Chapter 15 from any other chapter 16 Chapter 16 A change to Chapter 16 from any other chapter 17 1806.31 - 1806.32 A change to sub-headings 1806.31 through 1806.32 from any other heading 18 1806.90 A change to sub-heading 1806.90 from any other heading 19 1901.10 A change to sub-heading 1901.10 from any other heading 20 1901.90 A change to sub-heading 1901.90 from any other heading 21 1902 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to sub-heading 2002.90 from any other heading 29 2003.10 A change to sub-heading 2003.10 from any other heading 30 2004.10 A change to sub-heading 2004.10 from any other heading 31 2005.70 A change to sub-heading 2005.70 from any other heading 32 2005.99 A change to sub-heading 2005.99 from any other heading 33 2007.99 A change to sub-heading 2007.99 from any other heading 34 2009.61 A change to sub-heading 2009.61 from any other heading 35 2009.69 A change to sub-heading 2009.69 from any other .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

exceed 60% of the FOB value of the product. 40 2202.10 A change to sub-heading 2202.10 from any other chapter 41 2202.90 A change to sub-heading 2202.90 from any other 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 cha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 3006.10 from any other heading 57 3006.40 A change to sub-heading 3006.40 from any other heading 58 3006.60 A change to sub-heading 3006.60 from any other heading 59 3401.11 A ch .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

6 3407.00 A change to sub-heading 3407.00 from any other heading 67 4703.11 A change to sub-heading 4703.11 from any other heading 68 4703.19 A change to sub-heading 4703.19 from any other heading 69 4703.21 A change to sub-heading 4703.21 from any other heading 70 4703.29 A change to sub-heading 4703.29 from any other heading 71 4707.90 A change to sub-heading 4707.90 from any other heading 72 4809.90 A change to sub-heading 4809.90 from any other heading or the total value of all non-originati .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

75 4810.22 A change to sub-heading 4810.22 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. 76 4810.32 A change to sub-heading 4810.32 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. 77 4810.92 A change to sub-heading 4810.92 from any other heading or the total value of all non .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

alue of the product. 85 7607.19 - 7607.20 A change to sub-heading 7607.19 through 7607.20 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. 86 8413.11 - 8413.81 A change to sub-heading 8413.11 through 8413.81 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. 87 8413.91 - 8413.92 A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 90 8414.59 A change to sub-heading 8414.59 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. 91 8414.80 - 8414.90 A change to sub-heading 8414.80 through 8414.90 from any other heading or the total value of all non-originating materials or of undetermined .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing 8418.50 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. 95 8418.69 A change to sub-heading 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 und .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uct. 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 undetermined origin used does not exceed 60% of the FOB value of the product. 101 8421.23 - 8421.99 A change to sub- .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 104 8431.43 - 8431.49 A change to sub-heading 8431.43 through 8431.49 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. 105 8450.11 A change to sub-heading 8450.11 from any other heading or the total value of all non-originating materials or of undetermined origin use .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

8474.90 A change to sub-heading 8474.80 through 8474.90 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. 109 8481.10 - 8481.90 A change to sub-heading 8481.10 through 8481.90 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. 110 8504.10 - 8504.21 A change to sub-heading 8504.10 t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rough 8535.21 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. 118 8535.30 - 8535.90 A change to sub-heading 8535.30 through 8535.90 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. 119 8536.10- 8536.20 A change to sub-heading 8535.10 through 8536.20 from any other heading or the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gin used does not exceed 60% of the FOB value of the product. 122 8536.90 A change to sub-heading 8536.90 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. 123 8537.10 - 8537.20 A change to sub-heading 8537.10 through 8537.20 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. 124 85 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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. 127 9018.32 - 9018.39 A change to sub-heading 9018.32 through 9018.39 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. 128 9018.49 - 9018.90 A change to sub-heading 9018.49 through 9018.90 from any other heading or the total value of a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mined 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 produc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 136 9404.90 A change to sub-heading 9404.90 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. 137 9405.10 - 9405.50 A change to sub-heading 9405.10 through 9405.50 from any other heading or the total value of all non-originating materials or of undetermined origin used does not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version