Rule 2 - Definitions. - Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Rules, 2011

2. Definitions. - In these rules, unless the context otherwise requires,- (a) agreement on customs valuation means provisions of Part I of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade, 1994 in Annex 1A to the World Trade Organisation Agreement; (b) exporter means a natural or juridical person located in an exporting Party who exports a good from the exporting Party; (c) factory ships of the Party or vessels of the Party respectively means factory ships or vessels,- (i) which are registered in the Party; (ii) which sail under the flag of the Party; (iii) which are owned to an extent of at least fifty percent by nationals of the Parties, or by a juridical person with its head office in either Party, of which the representatives, chairman of the board of directors, and the majority of the members of such board are nationals of the Parties, and of which at least fifty percent of the equity interest is owned by nationals or juridical persons of the Parties; (iv) of which at least fifty percent of the total of the master and officers are nationals of the Parties; and (v) of which at least twenty-five percent of the crew are nationals of the Parties; (d) fungible originating goods of a Party or fungible originating materials of a Party respectively means originating goods or materials of a Party that are interchangeable for commercial purposes, whose properties are essentially identical; (e) Generally Accepted Accounting Principles means the recognised consensus or substantial authoritative support within a Party at a particular time as to which economic resources and obligations should be recorded as assets and liabilities, which changes in assets and liabilities should be recorded, how the assets and liabilities and changes in them should be measured, what information should be disclosed and how it should be disclosed, and which financial statements should be prepared ; (f) good means any merchandise, product, article or material; (g) Harmonized System or HS means the Harmonized Commodity Description and Coding System defined in paragraph (a) of Article 1 of the International Convention on the Harmonized Commodity Description and Coding System, and adopted and implemented by the Parties in their respective laws; (h) importer means a natural or juridical person who imports a good into the importing Party; (i) imported non-originating material means any materials whose country of origin is other than the Parties; (j) indirect materials means goods used in the production, testing or inspection of another good but not physically incorporated into the good, or goods used in the maintenance of buildings or the operation of equipment associated with the production of another good, including,- (i) fuel and energy; (ii) tools, dies and moulds; (iii) spare parts and goods used in the maintenance of equipment and buildings; (iv) lubricants, greases, compounding materials and other goods used in production or used to operate equipment and buildings; (v) gloves, glasses, footwear, clothing, safety equipment and supplies; (vi) equipment, devices and supplies used for testing or inspection; (vii) catalysts and solvents; and (viii) any other goods that are not incorporated into another good but whose use in the production of the good can reasonably be demonstrated to be a part of that production; (k) materials means any matter or substance consumed in the production of a good, physically incorporated into a good, or used in the production of another good; (l) non-originating material means imported non-originating material and undetermined origin material; (m) originating material means any material that qualifies as originating under these rules; (n) Parties means the Republic of India and Japan; (o) Party means either the Republic of India or Japan; (p) production means a method of obtaining goods including manufacturing, assembling, processing, raising, growing, breeding, mining, extracting, harvesting, fishing, trapping, gathering, collecting, hunting and capturing; and (q) undetermined origin material means any material whose origin cannot be determined.