Home Acts & Rules Customs Origin of Goods - Rules Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and the Republic of Korea) Rules, 2009 This
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Annexure-2 - Exemption from the Principle of Territoriality - (Rule 13 Principle of territoriality) - Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and the Republic of Korea) Rules, 2009Extract Annexure-II (See first proviso to rule 13) Exemption from the Principle of Territoriality PART-I 1. List of Goods.- (1) Each State party shall apply exemption from the principle of territoriality under rule 13 to goods listed in PART-II of this Annexure; and, (2) A State party may request amendment of the list referred to in sub-paragraph (1) which shall be considered by the other State party in good faith and any such amendment to the list shall be adopted when mutually agreed by both the State parties. 2. Conferring of origin.- (1) Goods referred to in sub-paragraph (1) of paragraph 1 and any subsequent amendments, which are re-imported as the goods that do not undergo any process beyond operations within the territory of the re-importing State party for export as set out in rule 7 shall be deemed to be originating in the territory of that State party: Provided that,- (i) the total value of non-originating input does not exceed forty per cent. of the FOB value of the final good for which originating status is claimed; and, (ii) the value of originating materials exported from the State party is not less than sixty per cent of the total value of materials used in manufacturing the re-imported material or good. (2) Except as otherwise provided for in this Annexure, provisions of these rules shall be applied mutatis mutandis to the origin conferring of the goods to which exemption from the principle of territoriality under rule 13 applies. Explanation:- For the purposes of this paragraph, "total value of non-originating input" means the value of any non-originating materials added inside as well as any materials added and all other cost accumulated outside the State party concerned, including transport costs. 3. Specific implementation procedure.- (1) The Certificate of Origin for goods covered by exemption from the principle of territoriality under rule 13 shall be issued by the issuing authorities of the exporting State party in accordance with Annexure-III to the rules; (2) The issuing authority of the exporting State party shall indicate in the Certificate of Origin that the good is covered by exemption from the principle of territoriality under rule 13; (3) Except as otherwise provided for in this Annexure, the relevant provisions of Annexure-III shall be applied mutatis mutandis to the goods to which rule 13 applies; and, (4) Each State party shall assist the customs authority of importing State party to conduct verification on goods covered by exemption from the principle of territoriality under rule 13 in accordance with the provisions of paragraphs 11, 12, 13, and 15 of Annexure-III to the rules. 4. Special Safeguard.- (1) When a State party determines that there is an increase of importation of a good covered by exemption from the principle of territoriality in rule 13 into the territory of that State party in such quantities and under such conditions as to cause, or threaten to cause, serious injury to its domestic industry, that State party shall be free to suspend the application of exemption from the principle of territoriality under rule 13 to such a good for such a period of time as it may consider necessary to prevent or remedy such injury or threat to cause injury to the domestic industry of the State party; (2) A State party that intends to suspend the application of exemption from the principle of territoriality under rule 13 pursuant to subparagraph (1) shall notify to the other State party two months in advance of the start of the suspension period and afford the other State party an opportunity to exchange views with it in respect of the proposed suspension; (3) The period mentioned in subparagraph (1) may be extended: Provided that, the State party which has taken the action of suspension has determined that the suspension continues to be necessary to prevent or remedy injury; (4) In critical circumstances, where delay would cause damage which would be difficult to repair, the suspension of the application of exemption from the principle of territoriality under rule 13 under subparagraph (1) may be taken provisionally without two months advance notification to the other State party, on the condition that notification shall be made before such suspension takes effect; (5) When a State party has made a determination mentioned in subparagraph (1) and the requirements set out in subparagraph (2) are fulfilled, the State party concerned may suspend the application of exemption from the principle of territoriality under rule 13 unilaterally and unconditionally, including the following, namely:- (i) there shall be no obligation to prove that there is serious injury; (ii) there shall be no obligation for advance consultation; (iii) there shall be no limit to the duration or frequency of suspension; and, (iv) there shall be no obligation for compensation. PART - II Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants 200892 Chapter 43 Furskins and artificial fur; manufactures thereof 430400 Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard 480439 Chapter 55 Man-made staple fibers 550962, 550969 Chapter 58 Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery 581099 Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted 610120, 610130, 610190, 610210, 610220, 610230, 610290, 610322, 610323, 610329, 610331, 610332, 610333, 610339, 610341, 610342, 610343, 610349, 610413, 610419, 610422, 610423, 610429, 610431, 610439, 610441, 610449, 610451, 610459, 610461, 610469, 610590, 610712, 610719, 610721, 610722, 610729, 610791, 610811, 610829, 610832, 611019, 611211, 611212, 611219, 611220, 611231, 611239, 611241, 611249, 611420, 611490 Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted 620111, 620112, 620113, 620119, 620192, 620219, 620291, 620292, 620299, 620312, 620322, 620323, 620329, 620339, 620349, 620412, 620419, 620421, 620422, 620423, 620429, 620441, 620444, 620590, 620610, 620620, 620721, 620722, 620791, 620799, 620811, 620819, 620821, 620822, 620829, 620891, 620899, 620920, 620930, 620990, 621040, 621120, 621132, 621139, 621141, 621142, 621230, 621390, 621420 Chapter 63 Other made up textile articles; sets; worn clothing and worn textile articles; rags 630130
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