Notification No. 48/2017, Dated 15th May 2017

[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 16th May, 2017

No. 48/2017 - 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, 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 Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007 (hereinafter referred to as the said rules), notified by the Government of India in the Ministry of Finance (Department of Revenue), Notification No. 84/2007-Customs (N.T.), dated the 17th August, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 1462 (E), dated the 17th August, 2007, namely:-

1.         (1) These rules may 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 2 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 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 results from force majeure or other valid reasons beyond the control of the exporter:

Provided that, in all cases, the customs authority of importing Party shall accept such certificate of origin, if the products have been imported before the expiry of the validity period of the said certificate of origin.

(5)  The customs authority of importing Party may request an importer for information or documents relating to the origin of imported product in accordance with the 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, shall be under the responsibility of a Government office in each Party and the certificates of origin shall be directly issued by those authorities or through delegation as referred to in sub-rule (8) and shall be in English.

(8)  The certificate of origin shall be signed and issued by Government offices to be indicated by the Parties who may delegate the signing and issuing of certificate of origin to other Government offices or representative corporate body.

(9)  Each Party shall inform the competent 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 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: diricd-cbec@nic.in

Chile:

Certification and Verification Department,
General Directorate of International Economic Affairs,
Ministry of Foreign Affairs,
Teatinos 180
Santiago
Chile;
Telephone: +562 28275100
e-mail: certificacionorigen@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 Affairs,
Teatinos 180,
Santiago.
Telephone: +562 28275100
e-mail: certificacionorigen@direcon.gob.cl;

(iii)           from whom the specimen seals and signatures of the Issuing Authorities of the other Party would be received: -

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 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 3380
Fax +91 11 2309 3760
e-mail: diricd-cbec@nic.in

Chile:

Head of Origin Sub-Department
Customs Technique Sub-Directorate 5
National Customs Service
Sotomayor 60, 1st Floor, Valparaiso,
Chile
Telephone: (56-32) 2134543 – (56-32) 2134528.

(11)                      Any change in the competent authorities or the names, designations, addresses, specimen signatures or officials seals shall be promptly informed to the other Party.

(12)                       The certificate of origin shall be issued in the format in Appendix to these rules and upon 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 certificate of origin, that the goods subject to declaration shall be invoiced from that non-Party operator, reproducing the following data from the commercial invoice issued by this operator, namely:-

name, address, country, number and date:

Provided that value addition, where applicable, carried out only in the territory of the exporting Party shall be 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-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 classification, as well as with the description of the goods 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 of origin.

(4)  The certificate of origin shall be issued not later than five working days after the presentation of request and it shall 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 7 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 export documents in their possession bearing the endorsement of the words “CERTIFIED TRUE COPY”, (in lieu of the original certificate) in box 4 of the certificate of origin and this copy shall bear the date of the original certificate of origin.

(7)  Minor discrepancies between the certificate of origin and the documents submitted to the customs authority 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 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 the certificate of origin or the veracity of its data in a clear and concrete way to the issuing authority of the exporting Party.

Rule 18

During the verification proceedings, the customs authority of the importing Party may request the issuing authority of the exporting Party, in writing, for a verification of origin in accordance with the following procedure, namely:-

(a)  the request for information, as well as any copy of the documentation in 8 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 regional added value, the producer or exporter shall facilitate the 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 verification;

(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)  the customs authority of the importing 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 examining the production processes, as well as the equipment and tools utilised in the manufacture of the product under verification;

(f)   the issuing authority of the exporting Party will provide the requisitioned documents, statement and cost sheet of materials to the customs authority of the importing Party at least fifteen days before the date of visit;

(g)  the issuing authority of the exporting Party shall accompany the authorities of the importing Party in their above-mentioned visit, which 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 9 following information, namely:-

(i)    date and place of the carrying out of the visit;

(j)    identification of the certificates of origin which led to the verification;

(k)  identification of the goods under verification;

(l)    identification of the participants, including indications of the organs and institutions to which they belong; and

(m)                        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 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 issuing authority of the beneficiary country;

(ii)             thirty days of the date of receipt of the request, if the request is to seek a copy of the application made by the exporter or producer;

(iii)           sixty days from the date of receipt of such request, if the request is on the grounds of suspicion of the accuracy of the information regarding the origin of the product and such period can be extended through mutual consultation for a period no more than thirty days upon request of the exporting Party.

Rule 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 10 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 procedures of the importing Party:

Provided that, when 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 21

The information obtained under the conditions of these rules shall be confidential in character, in accordance with its law, and each Party shall protect such information from disclosure that could prejudice the competitive 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 in rule 18.

Rule 23

The competent authorities of the importing Party 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;

(c)  the exporter or producer of the goods deny access to the relevant records or documentation;

(d)  the competent authorities of the exporting Party fail to provide the information in pursuance to a written request for verification within stipulated 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 certificate of origin shall be returned to the competent authorities of the exporting Party within a reasonable period but not exceeding two months from the date of such rejection and the competent authorities of the importing Party shall communicate the grounds for denial of preferential tariff treatment to the importer and the competent authorities of the exporting Party.

(2)  The customs authority of the importing Party shall grant the competent authority of the exporting Party, access to the 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 promptly refunded the duties paid in excess in accordance with the domestic legislation of the Parties.

Rule 28

(1)  Once the verification establishes the non-qualification of the origin criterion of the goods contained in the certificate of origin, the duties shall be levied in accordance with the domestic legislation in force in the importing Party.

(2)  In such a case, the competent authorities of the importing Party may deny preferential tariff treatment to new imports relating to identical goods 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 fortyfive 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.

(2)  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 request and once this information is received, the importing Party may initiate the proceedings established in these rules, giving notice of this to the Party that requested the initiation of the verification.

Rule 30

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 31

Within sixty days, from the receipt of the communication as provided in rule 25 or in 13 the sub-rule (3) of rule 28, in case the 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 set in these rules shall be calculated on a consecutive day basis as from the day following the fact or event which they refer to.

Rule 33

Each Party shall adopt or maintain measures that provide for the imposition of civil, administrative, and, where appropriate, criminal sanctions for violations of its customs laws and regulations, including those governing tariff classification, customs valuation, rules of origin, and the entitlement to preferential tariff treatment under this Agreement.”.

5.         In 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 selectively applied, the order of the description of the rules does not indicate priority of application;

(c)  the following definitions apply:

 

(i)                the term “chapter” means a chapter of the Harmonized System;

(ii)             the 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.

[F. No.528/15003/2009-Cus/ICD]

(Satyajit Mohanty)
Director, Government of India

Note: The notification No.84/2007- Customs (N.T.), dated 17th August, 2007, was published in the Gazette of India, Extraordinary, vide number S.O. 1426 (E), dated the 17th August, 2007.

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