Guidelines regarding implementation of section 28DA of the Customs Act, 1962 and CAROTAR, 2020 in respect of Rules of Origin under Trade Agreements (FTA/PTA/CECA/CEPA) and verification of Certificates of Origin
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Importer duty of care for origin documentation requires provision of information and may trigger compulsory verifications. Section 28DA and CAROTAR, 2020 require importers to retain and supply prescribed minimum information supporting a claim for preferential tariff treatment; authorities must call for that information before initiating verification with partner countries. Mere presentation of a Certificate of Origin does not absolve the importer of the duty to exercise reasonable care; failure to provide information or exercise reasonable care will be reported to RMCC and may result in compulsory verification of subsequent consignments until adequate controls are demonstrated.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Importer duty of care for origin documentation requires provision of information and may trigger compulsory verifications.
Section 28DA and CAROTAR, 2020 require importers to retain and supply prescribed minimum information supporting a claim for preferential tariff treatment; authorities must call for that information before initiating verification with partner countries. Mere presentation of a Certificate of Origin does not absolve the importer of the duty to exercise reasonable care; failure to provide information or exercise reasonable care will be reported to RMCC and may result in compulsory verification of subsequent consignments until adequate controls are demonstrated.
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