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TMI BlogMakes the Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007X X X X Extracts X X X X X X X X Extracts X X X X ..... L PROVISIONS Rule 2. Definitions For the purpose of these Rules: chapters, headings and subheadings mean the chapters, the headings and the subheadings (two, four and six digit codes respectively) used in the nomenclature which makes up the Harmonized System or HS; CIF means the value of the good imported that includes the cost of freight and insurance up to the port or place of entry in the country of importation; classification refers to the classification of a product or material under a particular heading of the HS; customs value means the value as determined in accordance with the Article VII and the Agreement on Implementation of Article VII of GATT 1994 (WTO Agreement on Customs Valuation); factory ship means any vessels, as defined, used for processing and/or making on board products exclusively from those products referred to in Clause (f) and (g) of Article 5; FOB means the value of the good free on board, independent of the means of transportation, at the port or site of final shipment abroad; goods means both materials and products; Harmonized System means the nomenclature which makes up the Harmonized Commodity Description and Coding System including the cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eas, continental shelf or exclusive economic zone; (b) Plants2and plant products grown, harvested, picked or gathered there including in its territorial seas, continental shelf or exclusive economic zone; (c) live animals born, and raised there, including by aquaculture; (d) products from animals as in (c) above3. (e) Animals and products thereof obtained by hunting, trapping, collecting, fishing or and capturing there; including its inland waters, territorial seas, continental shelf or in the exclusive economic zone; (f) Products of sea fishing and other marine products taken from the high seas by its vessels as defined in Article 2; (g) goods processed and/or made on board its factory ships as defined in Article 2 exclusively from the products mentioned in subparagraphs (e) and (f); (h) waste and scrap resulting from utilisation, consuming or manufacturing operations conducted in the territory of any of the Parties, provided they are fit only for the recovery of raw materials; and (i) goods produced in any of the Parties exclusively from the products specified in subparagraphs (a) to (h) above. Rule 6. Not wholly produced or obtained products .-(1) For the purpose of Art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifying, grading, matching, washing, painting, husking, stoning of seeds, slicing and cutting; (d) simple change of package and breaking‑up and assembly of packages; (e) simple packing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations; (f) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; (g) simple cleaning, including removal of oxide, oil, paint or other coverings; (h) simple assembly of parts to constitute a complete article or, disassembly of products into parts, in accordance with General Rule2(a) of the Harmonised System; (i) slaughter of animals; (j) simple mixing of products, provided the characteristics of the obtained product are not essentially different from those of the mixed products; (k) oil application; and (l) a combination of two or more of the above operations. Rule 8. Accessories, spare parts and tools .-1. Accessories, spare parts and tools despatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this Article will be subject to prior authorisation. Rule 10. Sets.- Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non originating goods, the set as a whole shall be regarded as originating, provided that the CIF value of the non originating goods utilized in the composition of the set does not exceed 15% per cent of the FOB price of the set. Rule 11. Packages and packing materials for retail sale.- 1 The packages and packing materials for retail sale, when classified together with the packaged product, according to General Rule 5 (b) of the Harmonised System, shall not be taken into account for considering whether all non‑originating materials used in the manufacture of a product fulfil the criterion corresponding to a change of tariff classification of the said product. 2. If the product is subject to an ad valorem percentage criterion, the value of the packages and packing materials for retail sale shall be taken into account in its origin assessment, in case they are treated as being one for customs purposes with the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illance through necessary endorsements in the relevant customs document(s). SECTION III PROOF OF ORIGIN 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 Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the good in the sworn origin declaration, which certifies the fulfilment of the origin requirements set out in these Rules, shall correspond to the respective tariff classification, as well as with the description of the good in the commercial invoice and in the Certificate of Origin. 3. If the goods are regularly exported and their manufacturing process, as well as their materials are not modified, the Sworn Declaration of the Producer may be valid for a period of up to one year counted from the date of the issue of the certificate. 4. The Origin Certificate shall be issued not later than five (5) working days after the request presentation and it shall be valid for a period of one year from the date of its issue. 5. The origin certificates shall not be issued before the date of the issue of the commercial invoice relating to the consignment, but in the same date or within the following sixty (60) days. 6. The requesting party and the certifying offices or authorized institutions shall keep the documents supporting the origin certificates for a period no less than five (5) years, from the date of its issue. The certifying offices or the said institutions shall enumerate th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e receipt of the request. Such period can be extended through mutual consultation for a period no more than thirty (30) days in justified cases. If this information is satisfactory, the said authorities shall release the importer from the guarantee referred to in Article 17 within thirty (30) days or shall promptly refund the duty paid in excess, in accordance with domestic laws of the Parties. Rule19.- The information obtained under the conditions of the present Chapter shall be confidential in character, in accordance with its law, and shall protect such information from disclosure that could prejudice the competitive position of the persons providing the information. It shall be utilized with a view to clarifying the matter under investigation by the competent authorities of the importing Party as well as during the investigation and legal proceedings. Rule 20.-In the cases in which the information requested under Article 17 is not provided within the deadline established in Article 18 or is insufficient to clarify any doubt concerning the origin of the good, the competent authorities of the importing Contracting Party may initiate an investigation on the matter within sixty ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction processes, as well as the equipment and tools utilized in the manufacture of the product under investigation; (f) the competent authorities of the Contracting Party shall accompany the authorities of the importing Contracting Party in their above‑mentioned visit, which may include the participation of specialists who shall act as observers. Each Party could designate specialists, who shall be neutral and have no interest whatsoever in the investigation. Each Party may deny the participation of such specialists whenever the latter represent the interests of the companies or institutions involved in the investigation; (g) once the visit is concluded, the participants shall subscribe the minutes of it, in which it shall be indicated that it was carried out according to the conditions established in these Rules. The said minutes shall contain, in addition, the following information: date and place of the carrying out of the visit; identification of the origin certificates which led to the investigation; identification of the goods under investigation; identification of the participants, including indications of the organs and institutions to which they belong; a visit re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... excess shall be promptly refunded in accordance with the domestic legislation of the Parties. Rule 28.-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 with its legislation. Rules 29.-During the investigation process, occasional modifications in the manufacturing conditions made by the companies under investigation shall be taken into account for future shipments. Rule 30.-Once the investigation for the qualification of the origin concludes with a determination in favour of the importer, the importer shall be released from the guarantees requested in Articles 17 and 21, within no more than thirty (30) days or shall be promptly refunded the duties paid in excess in accordance with the domestic legislation of the Parties. Rule 31.-1. Once the investigation establishes the non‑qualification of the origin criterion of the goods contained in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e communication as provided in Article 28 or in the third paragraph of Article 31, in case the measure is inconsistent, the exporting Party may request for consultation to the Committee, stating the technical and legal reasons that would indicate that the measure adopted by the competent authorities of the importing Party are not consistent with these Rules; and/or request a technical advice with the aim of establishing whether the goods under investigation fulfil the origin rules of this Agreement. Rule 35.- The time periods set in these Rules shall be calculated on a consecutive day basis as from the day following the fact or event which they refer to. Rule 36 Penalties.-Each Party shall adopt or maintain measures that provide for the imposition of civil, administrative, and, where appropriate, criminal sanctions for violations of its customs laws and regulations, including those governing tariff classification, customs valuation, rules of origin, and the entitlement to preferential tariff treatment under this Agreement. Appendix CERTIFICATE OF ORIGIN Printing instructions 1. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... try: …………………………………………………… Stamp. Place and date …………………………………………………... ............................................................... (Signature) 13. DECLARATION BY THE EXPORTER I certify that: · The information on this document is true and accurate and I assume the responsibility for providing such representations. I understand that I am liable for any false statements or material omission made on or in connection with this document. · I agree to maintain and present upon request, documentation necessary to support this certificate, and to inform, in writing, all persons to whom the certificate was given of any changes that could affect the accuracy or validity of this certificate. · The goods originated in the territory of the Parties, and comply with the origin requirements specified for those goods in Chile-India PREFERENTIAL TRADE AGREEMENT, and there has been no further prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iption of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through Information relating to the good to be exported, which must indicate: (i) materials, components and/or parts originating from the exporting Contracting Party; (ii) materials, components and/or parts originating from the other Party indicating: - origin; - tariff classification (at least 6 level digit); - CIF value, in United States of America dollars; ‑ Percentage on the total value of the final product. (iii) non‑originating materials, components and/or parts indicating: ‑ Exporting Country; ‑ tariff classification(at least 6 level digit); ‑ CIF value, in United States of America dollars; ‑ Percentage on the total value of the final product. (iv) description of the manufacturing process (2) If goods are not packed, indicate number of articles or state "In bulk" as appropriate. (3) Preference Criteria (Section II Rule 3 No. 1) The following goods shall be considered as originati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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