Rule 15 - Certification of Origin - Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007

Extract

SECTION III  PROOF OF ORIGIN 1 [ 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 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 uthority uthority uthority 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: [email protected] Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180 Santiago Chile; Telephone: +562 28275100 e-mail: [email protected] ; (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: [email protected], [email protected] Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180, Santiago. Telephone: +562 28275100 e-mail: [email protected] ; (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: [email protected], [email protected] Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180, Santiago. Telephone: +562 28275100 e-mail: [email protected] ; (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: [email protected] Chile: Head of Origin Sub-Department Customs Technique Sub-Directorate 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.] --------------- Notes:- 1. Substituted vide Not. 48/2017 - Dated 16-5-2017 before it was read as, Rule 15 . Certification 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 preferential tariff treatment as foreseen in this Agreement. The said Certificate is valid for only one importing operation concerning one or more goods and its original or in exceptional cases a copy of the original of which has to be submitted within 30 days from the date of clearance of goods in the importing Party and shall be included in the documentation to be presented at the customs authorities of the importing Party. 2. The issue of Origin Certificates and its control, shall be under the responsibility of a Government office in each Party. The Certificates of Origin shall be directly issued by those authorities or through delegation as referred to in paragraph 3 and shall be in English. 3. 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 origin certificates to other Government offices or representative corporate body . 4. The Certificate mentioned in the preceding paragraph shall be issued in the form agreed upon by the Parties and upon a sworn declaration by the final producerof the goods and the respective commercial invoice . 5. 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. 6. When a good 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: name, address, country, number and date. Value addition carried out only in the territory of a Party shall be taken into account for calculation of local value addition.