Notification No. 79/2018, Dated 14 September 2018

[To be Published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification

New Delhi, the 14th September, 2018

No. 79/2018 - Customs (N.T.)

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, on being satisfied that it is necessary in the public interest so to do, hereby makes the following rules further to amend the Customs Tariff Determination of Origin of Goods under the Comprehensive Economic Cooperation Agreement between the Republic of India and Republic of Singapore Rules, 2005, namely:-

1.  Short title and Commencement.- (1)  These rules may be called the Customs Tariff Determination of Origin of Goods under the Comprehensive Economic Cooperation Agreement between the Republic of India and Republic of Singapore (Amendment) Rules, 2018.

(2)       They shall come into force on the date of their publication in the Official Gazette.

2.         (1) In the Customs Tariff Determination of Origin of Goods under the Comprehensive Economic Cooperation Agreement between the Republic of India and Republic of Singapore Rules, 2005, (hereinafter referred to as the said rules),-

(2)       In the said rules, in Rule 5, in paragraph 1,-

(i) in clause (i) of sub-paragraph (a) for the figure “60%”, the words “sixty-five per cent.” shall be substituted;

(ii) in clause (ii) of sub-paragraph (a) for the words “four digit”, the words “sixdigit” shall be substituted.

(3)       In the said rules, after Rule 5, the following rule shall be inserted, namely:-

“ 5A. De Minimis

1.                  A good that does not undergo a change in tariff classification pursuant to Rule 5 and Annex B in the final process of production shall be considered as originating if:

(a)              for all goods except those falling within chapters 50 through 63 of the Harmonised System:

(i)                the value of all non-originating materials used in its production, which do not undergo the required change in tariff classification, does not exceed ten per cent. of the FOB value of the good; and

(ii)             the good meets all other applicable criteria set forth in the rules for qualifying as an originating good; and

(b)              for goods falling within chapters 50 through 63 of the Harmonised System:

(i)                the total weight of non-originating basic textile materials used in its production, which do not undergo the required change in tariff classification, does not exceed seven per cent. of the total weight of all the basic textile material used; and

(ii)             the good meets all other applicable criteria set forth in the rules for qualifying as an originating good.

2.      The value of such non-originating materials shall be included in the value of non-originating materials for any applicable local value added content requirement for the good.”.

(4)       In the said rules, in Rule 16,-

(i) after the words “the government of the exporting Party”, the brackets and words “(referred to herein as “the Issuing Authority”)” shall be inserted;

(ii) the brackets and words “(referred to herein as “the certifying Authority”)” shall be omitted.

(5)       In the said rules, in Rule 17,-

(i) in paragraph 2, for the words “the customs administration”, the words “the Customs Authority” shall be substituted;

(ii) in paragraph 2, for the words “the certifying authority”, the words “the Issuing Authority” shall be substituted;

(iii)           in paragraph 3, for the words “the certifying authority”, the words “the Issuing Authority” shall be substituted.

(6)       In the said rules, in Annex A,-

(i) in Rule 1, for the brackets, word and figure “(Attachment 1)”, the brackets and word “(Attachment)” shall be substituted;

(ii)       in Rule 7,-

(a)  in paragraph (b), for the word and figure “Appendix 1”, the word “Attachment” shall be substituted;

(b)  after paragraph (e), the following paragraphs shall be inserted, namely:-

“(f) 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.

(g) The Certificate of Origin shall bear the signature and official seal of the Issuing Authority. The signature and official seal may be applied electronically.”.