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Notifying the rules of origin under SAFTA

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..... the satisfaction of the designated Authority. Rule 4: Originating products.- Products covered by the Agreement imported into the territory of a Contracting State from another Contracting State which are consigned directly within the meaning of Rule 12 hereof, shall be eligible for preferential treatment if they conform to the origin requirement under any one of the following conditions: (a) Products wholly produced or obtained in the territory of the exporting Contracting State as defined in Rule 5; or (b) Products not wholly produced or obtained in the territory of the exporting Contracting Stat e provided that the said products are eligible under Rule 6. Rule 5: Wholly produced or obtained.- Within the meaning of Rule 4(a), the following shall be considered as wholly produced or obtained in the territory of the exporting Contracting State (a) raw or mineral products1 extracted from its soil, its water extending upto its Exclusive Economic Zone (EEZ), or its sea bed extending upto its seabed or continental shelf; (b) Agriculture, vegetable and forestry products harvested there; (c) animals born and raised there; (d) products obtained from animals referred to in clause (c) .....

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..... ecified in (1) to (6); Rule 8: Single Contracting State Content.-(a) Products originating in the exporting Contracting State shall be considered to be sufficiently worked or processed for the purposes of granting originating status if they fulfill the following conditions: (i) The final product is classified in a heading at the four digit level of the Harmonized Commodity Description and Coding System differently from those in which all the non-originating materials5 used in its manufacture are classified and (ii) Products worked on or processed as a result of which the total value of the materials, parts or produce originating from other countries or of undetermined origin used does not exceed 60% of the FOB value of the products produced or obtained and the final process of manufacture is performed within the territory of the exporting Contracting State. (b) Notwithstanding the condition laid down in paragraph (a) of this Rule, the products listed in Annex-A shall be eligible for preferential treatment if they comply with Rule 8 (a) or they fulfill the condition corresponding to those products as mentioned in the Annex-A. Rule 9: Regional Cumulation.-Unless otherwise provide .....

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..... the transit entry is justified for geographical reason or by considerations related exclusively to transport requirements; (ii) the products have not entered into trade or consumption there; (iii) the products have not undergone any operation there other than unloading and reloading or any operation required to keep them in good condition; (iv) the products have remained under the customs control in the country of transit. Rule 13: Treatment of packing.-When determining the origin of products, packing should be considered as forming a whole with the product it contains. However, packing may be treated separately if the national legislation so requires. Rule 14: Procedures for Issuance and Verification of Certificate of origin.-Detailed Operational Certification Procedures for implementation of these Rules of Origin are at Annex-B. Rule 15: Prohibitions.-Any Contracting State may prohibit importation of products containing any inputs originating from States with which it does not have economic and commercial relations. Rule 16: Consultation and Co-operation between Contracting States.-(a) The Contracting States will do their best to co-operate in order to specify origin of .....

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..... % DVA 2. 080132 Shelled Cashew nuts CTSH & 60% DVA 3. 081350 Mixtures of dried fruits of this Chapter CTSH & 60% DVA 4. 150790 -Other CTSH & 30% DVA 5. 150890 -Other CTSH & 30% DVA 6. 150990 -Other CTSH & 30% DVA 7. 151190 -Other CTSH & 30% DVA 8. 151219 --Other CTSH & 30% DVA 9. 151229 --Other CTSH & 30% DVA 10. 151319 --Other CTSH & 30% DVA 11. 151329 --Other CTSH & 30% DVA 12. 160249 Other, including mixtures CTSH & 30% DVA 13. 210112 Preparations with a basis of extracts, essences, concentrates or with a basis of coffee CTSH & 30% DVA 14. 210120 Extracts, essences and concentrates, of tea or ate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate CTSH & 30% DVA 15. 210390 Other CTSH & 30% DVA 16. 252321 White cement, whether or not artificially coloured CTSH & 30% DVA 17. 252329 Other: CTSH & 30% DVA 18. 252330 Aluminous cement : CTSH & 30% DVA 19. 283523 Of trisodium CTSH & 30% DVA 20. 441029 --Other CTSH & 30% DVA 21. 441032 --Surface-covered with melamine-impregnated paper CTSH & 30% DVA 22. 441033 --Surface-covered wit .....

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..... ng or other heat-treatment of ores, pyrites or of metals CTSH & 30% DVA 56. 841810 Combined refrigerator-freezers, fitted Refrigerators, household type: CTSH & 30% DVA 57. 841821 Compression-type CTSH & 30% DVA 58. 841822 Absorption-type, electrical CTSH & 30% DVA 59. 841829 Other CTSH & 30% DVA 60. 841830 Freezers of the chest type, not exceeding 800 l capacity CTSH & 30% DVA 61. 841840 Freezers of the upright type, not exceeding 900 L capacity: CTSH & 30% DVA 62. 841850 Other refrigerating or freezing chests, cabinets, display counters, showcases and similar refrigerating or freezing furniture CTSH & 30% DVA 63. 841861 Compression type units whose condensers are heat exchangers CTSH & 30% DVA 64. 841869 Other CTSH & 30% DVA 65. 841911 Instantaneous gas water heaters: CTSH & 30% DVA 66. 841919 Other: CTSH & 30% DVA 67. 841931 For agricultural products CTSH & 30% DVA 68. 841932 For wood, paper pulp, paper or paperboard CTSH & 30% DVA 69. 841939 Other CTSH & 30% DVA 70. 841940 Distilling or rectifying plant: CTSH & 30% DVA 71. 841950 Heat exchange units CTSH & 30% DVA 72. 841960 Machinery for liqufy .....

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..... utting machines CTSH & 30% DVA 104. 844180 Other machinery CTSH & 30% DVA 105. 844329 Other CTSH & 30% DVA 106. 844340 Gravure printing machinery CTSH & 30% DVA 107. 845210 Sewing machines of the household type: CTSH & 30% DVA 108. 845221 Automatic units: CTSH & 30% DVA 109. 845229 Other CTSH & 30% DVA 110. 847110 Analogue or hybrid automatic data processing machines CTSH & 30% DVA 111. 847130 Portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display CTSH & 30% DVA 112. 84714110 Micro computer CTSH & 30% DVA 113. 847149 Other, presented in the form Of systems CTSH & 30% DVA 114. 847150 Digital processing units other than those Of sub-headings 8471 41 or 8471 49, whether or not containing in the same housing one or two Of the following types Of unit: storage units, input units, output units CTSH & 30% DVA 115. 847780 Other machinery CTSH & 30% DVA 116. 848180 Other appliances: Taps and Cocks of Tariff heading 8481.80 CTSH & 30% DVA 117. 850410 -Ballasts for discharge lamps or tubes CTSH & 30% DVA 118. 850421 Ha .....

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..... -- Cathode-day television picture tubes, including video monitor cathode-ray tubes; colour CTSH & 40% DVA 156. 854210 Cards incorporating an electronic integrated circuits ("smart" cards) CTSH & 30% DVA 157. 854221 Monolithic digital integrated circuits obtained by bipolar technology CTSH & 30% DVA 158. 854229 Other CTSH & 30% DVA 159. 854260 Hybrid integrated circuits CTSH & 30% DVA 160. 854270 Electronic microassemblies CTSH & 30% DVA 161. 8903 Yachts and other vessels for pleasure CTSH & 25% DVA 162. 900311 Of plastics CTSH & 30% DVA 163. 900319 Of other materials CTSH & 30% DVA 164. 900911 Operating by reproducing the original image directly on to copy (direct process) CTSH & 40% DVA 165. 900921 other photocopying apparatus CTSH & 40% DVA 166. 901720 Other drawing, markingout or mathematical calculating instruments CTSH & 30% DVA 167. 901780 Other instruments CTSH & 30% DVA 168. 901831 Syringes, with or without needles CTSH & 30% DVA 169. 901890 Other instruments and appliances CTSH & 30% DVA 170. 902830 Electricity meters: CTSH & 30% DVA 171. 903210 Thermostats CTSH & 30% DVA 172. 91 .....

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..... rrying out the formalities for exporting the products under preferential treatment, the exporter or his authorized representative shall submit the Certificate of Origin duly filled together with appropriate documents supporting that the products to be exported qualify for the issuance of a Certificate of Origin. PRE-EXPORTATION EXAMINATION ARTICLE 6 The Issuing Authority shall, to the best of their competence and ability, carry out proper examination upon each application for the Certificate of Origin to ensure that: (a) The Certificate of Origin is duly completed and signed by the authorized signatory; (b) The origin of the product is in conformity with the Rules of Origin of this Agreement; (c) The other statements /entries of the Certificate of Origin correspond to supporting documentary evidence submitted; (d) HS Code, f.o.b. value, description, quantity and weight of goods, marks, number and kinds of packages, as specified, conform to the consignment to be exported. ISSUANCE OF CERTIFICATE OF ORIGIN ARTICLE 7 (a) The validity of the Certificate of Origin shall be 12 months from the date of its issuance. (b) The Certificate of Origin must be on ISO A4 size paper in con .....

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..... d "ISSUED RETROSPECTIVELY" in Box 4. ARTICLE 11 In the event of theft, loss, damage or destruction of a Certificate of Origin, the exporter may apply in writing to the Issuing Authority, which issued it, for the certified true copy of the original to be made on the basis of the export documents in their possession bearing the endorsement "CERTIFIED TRUE COPY" (in lieu of the Original Certificate) in Box 13. This copy shall bear the date of the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be issued within the validity period of the original Certificate of Origin. PRESENTATION ARTICLE 12 The Original Certificate of Origin shall be submitted to the Customs Authority at the time of lodging the import entry for the products concerned. ARTICLE 13 The following time limit for the presentation of the Certificate of Origin shall be observed: (a) Certificate of Origin shall be submitted to the Customs Authority of the importing Contracting State within its validity period; (b) Where the Certificate of Origin is submitted to the Customs Authority of the importing Contracting State after the expiration of the validity of th .....

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..... uest of the importing Contracting State. (c) Any information communicated among the government authorities shall be treated as confidential and shall be used only for the validation purposes of Certificates of Origin. SPECIAL CASES ARTICLE 17 When destination of all or parts of the products exported to specified port is changed, before or after their arrival in the importing Contracting State , the following procedures shall be observed: (a) If the products have already been submitted to the Customs Authority in the specified importing port, the Certificate of Origin shall, by a written application of the importer, be endorsed to this effect for all or parts of products by the said authority and the original returned to the importer. (b) If the changing of destination occurs during transportation to the importing Contracting State as specified in the Certificate of Origin, the exporter shall apply in writing, accompanied with the issued Certificate of Origin, for the issuance of new Certificate/s of Origin for all or parts of products. ARTICLE 18 For the purpose of implementing Rule 12 of SAFTA Rules of Origin where transportation is effected through the territory of one or m .....

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..... mporting and exporting Contracting States shall consult each other with a view to resolving the dispute. Appendix-I CERTIFICATE OF ORIGIN (SOUTH ASIAN FREE TRADE AREA) 1. Goods consigned from (exporter's business name, address, country) Reference No. SOUTH ASIAN FREE TRADE AREA (SAFTA) (combined declaration and certificate) Issued in …………… (country) see notes overleaf 2. Goods consigned to (Consignee's name, address, country) 3. Means of Transport and route (as far as known) 4. For Official use 5. HS Code 6. Marks and numbers of packages 7. Number and kind of packages: description of goods 8. Origin criterion (see notes overleaf) 9. Gross weight of other quantity 10. Number and date of invoices 11.f.o.b. value in US $ 12. Declaration by the exporter: The undersigned hereby declares that the above details and statements are correct: that all the goods were produced in ………………………… (country) and that they comply with the origin requirements specified for those goods in SAFTA for goods exported to ………………&h .....

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..... (example "D" 40 per cent); III. Entries to be made in Box 4 In case of issuance of certificates retrospectively Box 4 should bear the words "ISSUED RETROSPECTIVELY". IV. Entries to be made in Box 13 In case of issuance of certified true copies Box 13 should bear the words "CERTIFIED TRUE COPY". Appendix-II Format for Exchange of Information on Issuance of SAFTA Certificate of Origin S.No. Ref No. of CO Date of Issue HS Code Description f.o.b. value in US $ Remarks, if any ------------------------------ Notes:- 1 Includes mineral fuels, lubricants and related materials as well as mineral or metal ores. 2 "Vessels" shall refer to fishing vessels engaged in commercial fishing, registered in the country of the Contracting State and operated by a citizen or citizens of the Contracting State or partnership, corporation or association, duly registered in such country, at least 60 per cent of equity of which is owned by a citizen or citizens and/or Government of such Contracting State or 75 per cent by citizens and/or Governments of the Contracting States. However, the products taken from vessels, engaged in commercial fishing unde .....

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