[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

 30th June 2006

Notification No. 75/200  Customs  (N.T.)

Rule 1: Short title and commencement. –

(1) These rules may be called the Rules of Determination of Origin of Goods under the Agreement on South Asian Free Trade Area (SAFTA), hereinafter referred to as the “Agreement”, between the Governments of SAARC (South Asian Association for Regional Cooperation) Member States comprising the People’s Republic of Bangladesh, the Kingdom of Bhutan, the Republic of India, the Republic of Maldives, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic Socialist Republic of Sri Lanka.

(2)      They shall come into force on the 1st day of July 2006.

Rule 2: Application

These Rules shall apply to products eligible for preferential treatment under SAFTA.

Rule 3: Determination of Origin

No product shall be deemed to be the produce or manufacture of any Contracting State unless the conditions specified in these rules are complied with in relation to such products, to 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) above;

(e)    products obtained by hunting or fishing conducted there,

(f)     products of sea fishing and other marine products from the high seas by its vessels2,3;

(g)    products processed and/or made on board its factory ships exclusively from products referred to in clause (f) above 3,4;

(h)    raw materials recovered from used articles collected there;

(i)      waste and scrap resulting from manufacturing operations conducted there;

(j)      products taken from the seabed, ocean floor or subsoil thereof beyond the limits of national jurisdiction, provided it has the exclusive rights to exploit that sea bed, ocean floor or subsoil thereof;

(k)    goods produced there exclusively from the products referred to in clauses (a) to (j) above.

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 under Bilateral Agreements which provide for chartering/leasing of such vessels and/or sharing of catch between Contracting State will also be eligible for preferential treatment.

3 In respect of vessels or factory ships operated by Government agencies, the requirements of flying the flag of the Contracting State do not apply.

4 For the purpose of this Agreement, the term “factory ship” means any vessel, as defined used for processing and/or making on board products exclusively from those products referred to in clause (f) of Rule 6.

Rule 6:  Not wholly produced or obtained 

Within the meaning of Rule 4 (b), products not wholly produced or obtained shall be subject to Rule 7 and any of the conditions prescribed under Rule 8, Rule 9 or Rule 10.

Rule 7:  Non-qualifying Operations

The following shall in any event be considered as insufficient working or processing to confer the status of originating products, whether or not there is a change of heading:

1)        operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, Sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations).

2)         simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up;

3)    (i)  changes of packing and breaking up and assembly of consignments,

(ii)  simple slicing, cutting and repacking or placing in bottles, flasks,  bags, boxes, fixing on cards or boards, etc., and all other simple packing operations.

4)  the affixing of marks, labels or other like distinguishing signs on products of their packaging;

5)  simple mixing of products, whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down in these rules to enable them to be considered as originating products; and mere dilution with water or another substance that does not materially alter the characteristics of the product;

6)  simple assembly of parts of products to constitute a complete product;

7) a combination of two or more operations specified 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 provided for, products worked on or processed in a Contracting State using the inputs originating in any Contracting States within the meaning of Rule 4 shall be eligible for preferential treatment provided that

(a)  the aggregate content (value of such inputs plus domestic value addition in further manufacture) is not less than 50 percent of the FOB value;

(b)    the domestic value content (value of inputs originating in the exporting Contracting State plus domestic value addition in further manufacture in the exporting Contracting State), is not less than 20 percent of the FOB value; and

(c)  the final product satisfies the condition of

i) change in classification at the four digit level (CTH) as provided under Rule 8 (a) (i); or

5 Non-originating material means material originating from countries other than Contracting States and material of undetermined origin.

(ii)   change in classification at the six-digit level (CTSH) as agreed upon in the Product Specific Rules reflected in Rule 8 (b).

Rule 10: Special Treatment to Least Developed Contracting States

The products originating in the Least Developed Contracting States shall be allowed a favourable 10 percentage points applied to the percentage applied in Rule 8. The products originating in Sri Lanka shall be allowed a favourable 5 percentage points applied to the percentage applied in Rule 8.

Rule 11:  Method for Valuation of non-originating materials

(a)        The value of the non-originating materials, parts or produce shall be:

(i)            The CIF value at the time of importation of the materials, parts or produce where this can be proven or

(ii)           The earliest ascertainable price paid for the materials, parts or produce of undetermined origin in the territory of the Contracting States where the working or processing takes place.

(b)         In order to determine whether or not a product originated in the territory of a Contracting State it shall not be necessary to establish whether the power and fuel, plant and equipment, and machines and tools used to obtain such products, originate in third countries.

Rule 12: Direct consignment

The following shall be considered as directly consigned from the exporting Contracting State to the importing Contracting State:

(a)       if the products are transported without passing through the territory of any non-Contracting State:

(b)       the products whose transport involves transit through one or more intermediate non-Contracting States with or without transshipment or temporary storage in such countries, provided that:

(i)      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 inputs in the Certificate of origin.

(b)        The Contracting States will take measures necessary to address, to investigate and, where appropriate, to take legal and/or administrative action to prevent circumvention to these Rules through false declaration concerning country of origin or falsification of original documents.

(c)        The Contracting States will co-operate fully, consistent with their domestic laws and procedures, in instances of circumvention or alleged circumvention of these Rules to address problems arising from circumvention including facilitation of joint plant visits, inspection and contacts by representatives of Contracting States upon request and on a case-by-case basis.

(d)        If any Contracting State believes that the rules of origin are being circumvented, it may request consultation to address the matter or matters concerned with a view to seeking a mutually satisfactory solution. Each State will hold such consultations promptly.

Rule 17: Review

These rules may be reviewed as and when necessary upon request of any Contracting State and may be open to such modifications as may be agreed upon by the SAFTA Ministerial Council.

F.No.467/30/2003-Cus.V/ICD

Annex -A

PRODUCT SPECIFIC RULES

UNDER SAFTA RULES OF ORIGIN

Explanatory Notes:

1.       For the purposes of Rule 8 (b) of the SAFTA Rules of Origin,  the products listed under column (3) and corresponding to heading mentioned under column (2)   would be subject to Rule specified under column (4) in the following Table.

2.       The term “CTH” in column (4) below shall mean that the final product is classified in a heading at the four-digit level of the Harmonised Commodity Description and Coding System differently from those in which all the non-originating materials used in its manufacture are classified.

3.       The term “CTSH” in column (4) below shall mean that the final product is classified in a heading at the six-digit level of the Harmonised Commodity Description and Coding System differently from those in which all the non-originating materials used in its manufacture are classified.

4.   The DVA mentioned in percentage in column (4) below shall mean  the minimum value addition in the Exporting Contracting State, calculated as per the following formula:

S.No.

HS Heading /Chapter

Harmonised Description

Product Specific Rules

(1)

(2)

(3)

(4)

1.

060499 Other

CTSH & 30% 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 with decorative laminates of plastics

CTSH & 30% DVA

23.

441039 –Other

CTSH & 30% DVA

24.

441119 Other

CTSH & 30% DVA

25.

441129 Other of fire board of a density exceeduing 0.5g/cm3

CTSH & 30% DVA

26.

450190 Other

CTSH & 30% DVA

27.

481820 Handkerchiefs, cleansing or facial tissues

Only CTH

28.

481840 Sanitary towels

Only CTH

29.

701990 Other

CTSH & 30% DVA

30.

720221 Ferro-silicon containing by weight more than    55 % of silicon

CTSH & 30% DVA

31.

830110 Padlocks

CTSH & 30% DVA

32.

841011 –Of a power not exceeding 1,000 kW

CTSH & 30% DVA

33.

841311 Pumps for dispensing fuel or lubricants, of the type used in filling-stations or in garages

CTSH & 30% DVA

34.

841319 Other pumps fitted or designed to be fitted with a measuring device

CTSH & 30% DVA

35.

841320 Hand pumps, other than those of subheading 8413.11 or 8413.19

CTSH & 30% DVA

36.

841330 Fuel, lubricating or cooling medium pumps for internal combustion piston engines

CTSH & 30% DVA

37.

841340 Concrete pumps

CTSH & 30% DVA

38.

841350 Other reciprocating positive displacement pumps

CTSH & 30% DVA

39.

841360 Other rotary positive displacement pumps

CTSH & 30% DVA

40.

841370 Other centrifugal pumps

CTSH & 30% DVA

41.

841381 Pumps

CTSH & 30% DVA

42.

841382 Liquid elevators

CTSH & 30% DVA

43.

841410 Vacuum pumps

CTSH & 30% DVA

44.

841420 Hand or foot-operated air pumps:

CTSH & 30% DVA

45.

841430 Compressors of a kind used in refrigerating equipment

CTSH & 30% DVA

46.

841440 Air compressors mounted on a wheeled chassis for towing:

CTSH & 30% DVA

47.

841451 — Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125W

CTSH & 30% DVA

48.

841459 Other:

CTSH & 30% DVA

49.

841460 Hoods having a maximum horizontal side not exceeding 120 cm

CTSH & 30% DVA

50.

841480 Other

CTSH & 30% DVA

51.

841510 -Window or wall types, self contained or “Split-system”.

CTSH & 30% DVA

52.

841520 Of a kind used for persons, in motor vehicles

CTSH & 30% DVA

53.

841581 Incorporating a refrigerating unit and a valve for reversal of  the cooling/heat cycle (reversible heat pumps)

CTSH & 30% DVA

54.

841583 Not incorporating a refrigerating unit

CTSH & 30% DVA

55.

841710 Furnaces and ovens for the roasting, melting 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 liqufying air or other gases, Other machinery, plant and equipment:

CTSH & 30% DVA

73.

841981 For making hot drinks or for cooking or heating food:

CTSH & 30% DVA

74.

841989 Other:

CTSH & 30% DVA

75.

842010 Calendering or other rolling machines

CTSH & 30% DVA

76.

842111 Cream separators

CTSH & 30% DVA

77.

842121 For filtering or purifying water

CTSH & 30% DVA

78.

842122 For filtering or purifying beverages other than water

CTSH & 30% DVA

79.

842129 Other

CTSH & 30% DVA

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80.

842211 Of the household type

CTSH & 30% DVA

81.

842219 Other

CTSH & 30% DVA

82.

842220 Machinery for cleaning or drying bottles or other containers

CTSH & 30% DVA

83.

842230 Machinery for filling, closing, sealing, or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; machinery for aerating beverages

CTSH & 30% DVA

84.

842240 Other packing or wrapping machinery (including heat-shrink wrapping machinery)

CTSH & 30% DVA

85.

842310 Personal weighing machines, including baby scales; Household scales

CTSH & 30% DVA

86.

842320 Scales for continuous weighing of goods on conveyors

CTSH & 30% DVA

87.

842330 Constant weight scales and scales for discharging a predetermined weight of material into a bag or container, including hopper scales Other weighing machinery:

CTSH & 30% DVA

88.

842381 Having a maximum weighing capacity not exceeding 30 kg

CTSH & 30% DVA

89.

842382 Having maximum weighing capacity exceeding 30 kg but not exceeding 5,000 kg.

CTSH & 30% DVA

90.

842389 Other

CTSH & 30% DVA

91.

842390 Weighing machine weights of all kinds; parts of weighing machinery

CTSH & 30% DVA

92.

842410 Fire extinguishers, whether or not charged

CTSH & 30% DVA

93.

842420 Spray guns and similar appliances

CTSH & 30% DVA

94.

842430 Steam or sand blasting machines and similar jet projecting machines

CTSH & 30% DVA

95.

842481 Agricultural or horticultural

CTSH & 30% DVA

96.

842489 Other

CTSH & 30% DVA

97.

843229 –Other

CTSH & 30% DVA

98.

843311 –Powered, with the cutting device rotating  in a horizontal plane

CTSH & 30% DVA

99.

843319 –Other

CTSH & 30% DVA

100.

843780 -Other machinery

CTSH & 30% DVA

101.

843880 Other machinery:

CTSH & 30% DVA

102.

844010 Machinery

CTSH & 30% DVA

103.

844110 Cutting 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 Having a power handling capacity not exceeding 650 kVA

CTSH & 30% DVA

119.

850422 –Having a power handling capacity exceeding 650 kVA but not exceeding 10,000 kVA

CTSH & 30% DVA

120.

850423 –Having a power handling capacity exceeding 10,000 kVA

CTSH & 30% DVA

121.

850431 Having a power handling capacity not exceeding 1 kVA

CTSH & 30% DVA

122.

850432 –Having a power handling capacity exceeding 1 kVA but not exceding  16 kVA

CTSH & 30% DVA

123.

850433 Having a power handling capacity exceeding 16 kVA but  not exceeding 500 kVA

CTSH & 30% DVA

124.

850434 –Having a power handling capacity exceeding 500 kVA

CTSH & 30% DVA

125.

850440 Static converters

CTSH & 30% DVA

126.

850450 -Other inductors

CTSH & 30% DVA

127.

850610 Manganese dioxide

CTSH & 30% DVA

128.

850630 Mercuric oxide

CTSH & 30% DVA

129.

850640 Silver oxide

CTSH & 30% DVA

130.

850650 Lithium

CTSH & 30% DVA

131.

850660 Air-zinc

CTSH & 30% DVA

132.

850680 Other primary cells and primary batteries

CTSH & 30% DVA

133.

850710 Lead-acid, of a kind used for starting piston engines

CTSH & 30% DVA

134.

850720 Other lead-acid accumulators

CTSH & 30% DVA

135.

850730 Nickel-cadmium

CTSH & 30% DVA

136.

850740 Nickel-iron

CTSH & 30% DVA

137.

850780 Other accumulators

CTSH & 30% DVA

138.

851010 Shavers

CTSH & 30% DVA

139.

851020 hair clippers

CTSH & 30% DVA

140.

851030 hair removing appliances

CTSH & 30% DVA

141.

851310 Lamps

CTSH & 30% DVA

142.

851640 Electric smoothing irons

CTSH & 40% DVA

143.

851650 Microwave oven

CTSH & 40% DVA

144.

851711 — Line telephone sets with cordless handsets

CTSH & 40% DVA

145.

851721 Facsimile machines

CTSH & 40% DVA

146.

851730 telephonic aparatus

CTSH & 40% DVA

147.

851750 Other apparatus, for carrier current line systems or for digital line systems

CTSH & 40% DVA

148.

851780 other apparatus

CTSH & 40% DVA

149.

853921 Tungsten halogen

CTSH & 40% DVA

150.

853922 Other, of a power not exceeding 200 W and for a voltage exceeding 100 V

CTSH & 40% DVA

151.

853929 Other

CTSH & 40% DVA

152.

853931 Fluorescent, hot cathode

CTSH & 40% DVA

153.

853932 Mercury or sodium vapour lamps; metal halide lamps

CTSH & 40% DVA

154.

853939 Other of discharged lamps, other than ultra-violet lamps

CTSH & 40% DVA

155.

854011 — 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.

911110 Cases of precious metal or of metal clad with precious metal

CTSH & 30% DVA

173.

911120 Cases of base metal, whether or not gold or silver-plated

CTSH & 30% DVA

174.

940330 Wooden furniture of a kind used in offices

CTSH & 30% DVA

175.

940340 Wooden furniture of a kind used in the kitchen

CTSH & 30% DVA

176.

940350 Wooden furniture of a kind used in the bedroom

CTSH & 30% DVA

177.

940360 Other Wooden furniture

CTSH & 30% DVA

178.

940540 Other electric lamps and lighting fittings

CTSH & 30% DVA

179.

950210 -Dolls, whether or not dressed

CTSH & 30% DVA

180.

960810 -Ball point pens

CTSH & 30% DVA


Annex-B

OPERATIONAL CERTIFICATION PROCEDURES

FOR SOUTH ASIAN FREE TRADE AREA (SAFTA)

RULES OF ORIGIN

For the purposes of implementing the Rules of Origin as provided for in Rule 14 of SAFTA Rules of Origin, the following operational certification procedures shall be followed:

AUTHORITY

ARTICLE 1

The Certificate of Origin shall be issued by authority designated by the Government of the exporting Contracting State (hereinafter referred to as Issuing Authority) and notified to the other Contracting States.

ARTICLE 2

(a) Each Contracting State shall inform the other Contracting States of the names and addresses of the officials authorized to issue the Certificate of Origin and shall provide their specimen signatures and official seals.

(b) Any change in their names, addresses, or official seals shall be promptly

notified to the other Contracting States.

ARTICLE 3

For the purpose of verifying the conditions for preferential treatment, the Issuing Authority shall have right to call for any supporting documentary evidence or to carry out any check considered appropriate.

PRE-EXPORTATION VERIFICATION

ARTICLE 4

The Issuing Authority, upon a written request by the manufacturer and/or exporter of the products desirous for availing preferential treatment, shall conduct pre- exportation verification of the manufacturing premise(s). The result of the verification, subject to review periodically or whenever appropriate, shall be accepted as the supporting evidence in verifying the origin of the said products to be exported thereafter. Pre -exportation verification may not apply to the products, origin of which, by their nature, can be easily verified.

REQUEST FOR ISSUANCE OF CERTIFICATE OF ORIGIN

ARTICLE 5

At the time of carrying 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 conformity to the specimen shown in Appendix-1. It shall be in English.

(c)    The Certificate of Origin shall comprise one original and one duplicate in the following colours:

Original – light orange

Duplicate – white

(d)   Each Certificate of Origin shall bear a reference number given separately by each office of issuance at different places.

(e)    The original shall be forwarded by the exporter to the importer for submission to the Customs Authority at the port or place of importation. The duplicate shall be retained by the Issuing Authority of the exporting Contracting State.

(f)     After issuance of the Certificate of Origin, the Issuing Authority of the exporting Contracting State shall electronically send the information on issuance of certificate of origin on a weekly basis as per format provided in Appendix -2 to the Issuing Authority of respective importing Contracting State.

ARTICLE 8

The Certificate of Origin issued by the Issuing Authority shall indicate the applicable Rules of Origin and the value of non-originating material expressed as a percentage of the f.o.b. value of the products, or the sum of the aggregate content originating in the territory of the exporting Contracting State expressed as a percentage of the f.o.b. value of the exported product; where applicable, in Box 8.

ARTICLE 9

Neither erasures nor superimpositions shall be allowed on the Certificate of Origin. Any alteration shall be made by striking out the erroneous entries and making any addition required. Such alterations shall be approved by an authorized signatory of the applicant and certified by the Issuing Authority. Unused spaces shall be crossed out to prevent any subsequent addition.

ARTICLE 10

(a)   The Certificate of Origin shall be issued by the relevant Issuing Authority of the exporting Contracting State at the time of exportation, or within 3

working days from the date of shipment whenever the products to be exported can be considered originating in that Contracting State within the meaning of the Rules of Origin of this Agreement.

(b)   In exceptional cases where a Certificate of Origin has not been issued at the time of exportation or within 3 working days from the date of shipment due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retrospectively but no longer than 45 days from the date of shipment, bearing the word “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 the Certificate of Origin, such Certificate is still to be accepted when failure to observe the time-limit results from force majeure or other valid causes beyond the control of the exporter; and

(c)    In all cases, the relevant Government authority in the importing Contracting State may accept such Certificate of Origin provided that the products have been imported before the expiration of the validity of the Certificate of Origin.

ARTICLE 14

The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the Customs Authority of the importing Contracting State for the purpose of carrying out the formalities for importing the products shall not ipso-facto invalidate the Certificate

of Origin, if it does, in fact, correspond to the said products.

ARTICLE 15

(a)   The importing Contracting State may request to the Issuing Authority of the exporting Contracting State for a retrospective check at random and/or when it has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the products in question or of certain parts thereof.

(b)   The request shall be accompanied with the Certificate of Origin concerned and shall specify the reasons and any additional information suggesting that the particulars given on the said Certificate of Origin may be inaccurate, unless the retroactive check is requested on a random basis.

(c)    The Customs Authority of the importing Contracting State may suspend the provisions on preferential treatment while awaiting the result of verification. However, without prejudice to the national legislations the competent authority of the importing Contracting State shall not suspend the customs clearance of the consignment subject to a guarantee in any of its modalities in order to preserve fiscal interests, as a pre-condition for completion of customs clearance.

(d)   The Issuing Authority receiving a request for retrospective check shall respond within three (3) months after the receipt of the request.

ARTICLE 16

(a)     The application for Certificates of Origin and all documents related to such application shall be retained by the Issuing Authority for not less than two (2) years from the date of issuance.

(b)     Information relating to the validity of the Certificate of Origin shall be furnished upon request 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 more non-Contracting States, the following shall be produced to the Government authorities of the importing Contracting State:

(a)   A through Bill of Lading/ Airway bill or corresponding transport document issued in the exporting Contracting State ;

(b)   A Certificate of Origin issued by the Issuing Authority of the exporting Contracting State;

c)    A copy of the original commercial invoice in respect of the product; and

(d)   Supporting documents in evidence that the requirements of Rule 12 of SAFTA Rules of Origin are being complied with.

ARTICLE 19

(a) Products sent from one Contracting State for exhibition in another Contracting State and sold during or after the exhibition shall benefit from the preferential tariff treatment provided in this Agreement, on the condition that the products meet the requirements of Rule 4 of the SAFTA Rules of Origin and provided it is shown to the satisfaction of the relevant Government authorities of the importing Contracting State that:

(i)   An exporter has dispatched those products from the territory of the exporting Contracting State to the importing Contracting State where the exhibition is held and has exhibited them there,

(ii)   The exporter has sold the goods or transferred them to a consignee in the importing Contracting State; and

(iii) The products have been sold during the exhibition or immediately hereafter to the importing Contracting State in the state in which they were sent for the exhibition.

(b)       For the purpose of implementing the above provisions, the Certificate of Origin must be produced to the relevant Government authorities of the importing Contracting State.

(c)     Paragraph (a) shall apply to exhibitions, fairs or similar shows or displays where the products remain under Customs control during these events.

ACTION AGAINST FRAUDULENT ACTS

ARTICLE 20

(a)    When it is suspected that fraudulent acts in connection with the Certificate of Origin have been committed, the Issuing Authorities concerned shall cooperate in the action to be taken in the territory of each Contracting State against the persons involved.

(b)    Each Contracting State shall be responsible for providing legal sanctions for fraudulent acts related to the Certificate of Origin.

ARTICLE 21

In the case of a dispute concerning origin determination, classification of products or other matters, the Government authorities concerned in the importing 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

 

……………………………….

(importing country)

 

………………………………..

Place and date, signature of authorized signatory

13. Certificate

It is hereby certified on the basis of control carried out, that the declaration by the exporter is correct

 

 

 

 

 

 

 

 

 

 

……………………………..

Place and date, signature and Stamp of Certifying authority

 

I   General Conditions

To qualify for preference, products must:

a)   fall within a description of products eligible for preference in the schedule of concessions of SAFTA country of destination;

b)   comply with SAFTA Rules of Origin. Each article in a consignment must qualify separately in its own right; and

c)  comply with the consignment conditions specified by the SAFTA Rules of Origin. In general, products must be consigned directly within the meaning of Rule 12 hereof from the country of exportation to the country of destination.

II.   Entries to be made in Box 8

Preference products must be wholly produced or obtained in the exporting Contracting State in accordance with Rule 5 of the SAFTA Rules of Origin, or where not wholly produced or obtained in the exporting Contracting States must be eligible under Rule 6.

a)  Products wholly produced or obtained; enter the letter “A” in Box 8.

b)  Products not wholly produced or obtained: the entry in Box 8 should be as follows:

1.       Enter letter “B” in Box 8, for products which meet the origin criteria according to Rule 8. Entry of letter would be followed by the value of non-originating material expressed as a percentage of the f.o.b. value of the products; (example “B” 50 per cent);

2.       Enter letter “C” in Box 8 for products which meet the origin criteria according to Rule 9. Entry of letter “C” would be followed by the sum of the aggregate content originating in the territory of the exporting Contracting State expressed as a perc entage of the f.o.b. value of the exported product; (example “C” 60 per cent);

3.       Enter letter “D” in Box 8 for products which meet the special origin criteria according to Rule 10. Entry of letter would be followed by the value of non-originating material expressed as a percentage of the f.o.b. value of the products; (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

 

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Category : Custom Duty (6630)

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