Rule 28 - Once the verification establishes......... - Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007

1 [ 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 forty-five 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.] --------------- Notes:- 1. Substituted vide Not. 48/2017 - Dated 16-5-2017 before it was read as, Rule 28 <!--?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /--> 1. The customs authorities of the importing Party shall inform the importers and the competent authorities of the exporting Party of the conclusion of the investigation process, as well as the reasons that led to its decision. 2. The customs authority of the importing Party shall grant the competent authority of the exporting Party, access to the investigation files, in accordance withits legislation.