TaxTMI 
TaxTMI 
Operational Certification Procedures
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.... Economic Partnership Agreement between the Republic of India and Japan signed on the 16 th day of February, 2011 . 2. Claim for preferential tariff treatment. - ( 1) For the purposes of claiming the preferential tariff treatment for an originating good of the exporting Party, a certificate of origin shall be submitted to the customs authority of the importing Party by the importer , together with the documents required for the importation of the good in accordance with the laws and regulations of the importing Party. (2) Notwithstanding anything contained in sub-paragraph (1), the importing Party may waive the requirement for a certificate of origin in accordance with its laws and regulations. (3) Where an originating good of the exporting Party is imported through one or more non-Parties as provided for in rule 10, the customs authority of the importing Party may require the importer, who claims the preferential tariff treatment for the good, to submit,- (a) a copy of through bill of lading indicating the port of exportation and importation; or (b) a certificate or any other information given by the customs authorities of such non-Parties or other relevant entities, which ev....
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.... exported qualifies as an originating good of the exporting Party. (8) The competent governmental authority of the exporting Party shall provide the importing Party with specimen signatures and impressions of stamps used in the offices of the competent governmental authority or its designees, upon entry into force of this Agreement and their modification thereafter . (9) Each Party shall, in accordance with its laws and regulations, ensure that the exporter to whom a certificate of origin has been issued, or the producer of a good in the exporting Party referred to in clause (b) of sub-paragraph (6), shall notify in writing the competent governmental authority of the exporting Party or its designees without delay when such exporter or producer knows that such good does not qualify as an originating good of the exporting Party. (10) The competent governmental authority of the exporting Party shall, when it cancels the decision to issue the certificate of origin, promptly notify the cancellation to the exporter to whom the certificate of origin has been issued, and to the customs authority of the importing Party, except where the original certificate has been returned to the compe....
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....ide the requested information in a period not exceeding two months after the date of receipt of the request. (3) For the purposes of sub-paragraph (2), the competent governmental authority of the exporting Party may request the exporter to whom the certificate of origin has been issued, or the producer of the good in the exporting Party referred to in clause (b) of sub-paragraph (6) of paragraph 3 , to provide the former with the requested information. (4) The request of information under sub-paragraph (1), shall not be treated as exemption from verification provided for in paragraph 7. (5) During the procedures provided for in this paragraph and paragraph 7, the customs authority of the importing Party may suspend the preferential tariff treatment while awaiting the result of verification: Provided that customs authority of the importing Party may release the good to the importer before the completion of procedure in accordance with its laws and regulations. 7. Verification visit. - (1) If the customs authority of the importing Party is not satisfied with the outcome of the request for checking made pursuant to paragraph 6, it may request the exporting Party,- (a) to collect....
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....ained pursuant to sub-paragraph (1). 8. Determination of origin and preferential tariff treatment. - ( 1) The customs authority of the importing Party may deny preferential tariff treatment to a good for which an importer claims preferential tariff treatment where the good does not qualify as an originating good of the exporting Party or where the importer fails to comply with any of the relevant requirements of this Annexure. (2) The customs authority of the importing Party may determine that a good does not qualify as an originating good of the exporting Party and may deny preferential tariff treatment, and a written determination thereof shall be sent to the competent governmental authority of the exporting Party,- (a) where the competent governmental authority of the exporting Party fails to provide the information within the period referred to in sub-paragraph (2) of paragraph 6 or sub-paragraph (5) of paragraph 7; (b) where the exporting Party refuses to conduct a visit, or that Party fails to respond to the communication referred to in sub-paragraph (2) of paragraph 7 within the period referred to in sub-paragraph (4) of paragraph 7; or (c) where the information provide....
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....a, and only the original in case of Japan. (d) In cases where a certificate of origin is not accepted by the customs authority of the importing Party, the customs authority of the importing Party should notify the reasons therefor to the importer of the good. 2. Application.- An application for a certificate of origin should be made by t he exporter or its authorised agent , to the competent governmental authority of the exporting Party or its designees, together with appropriate supporting documents proving that the good to be exported qualifies as an originating good of the exporting Party: Provided that the exporter's or its authorised agent's signature may be autographed or electronically printed. 3. Issuance.- (a) a certificate of origin should be issued not later than three days from the date of shipment. (b) in exceptional cases where the certificate of origin has not been issued before the time limit provided for in clause (a) at the request of the exporter or its authorised agent, the certificate of origin may be issued retroactively in accordance with the laws and regulations of the exporting Party within 1[twelve months] from the date of shipment, in which....
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....g the original term of the validity of the original certificate of origin. 4. Modification.- (a) the exporter or its authorised agent should request the reissuance of a certificate of origin if a certificate of origin contains incorrect information, and the invalidation of the original certificate. (b) notwithstanding anything contained in clause (a), the competent governmental authority of the exporting Party or its designees may, in response to the request for reissuance referred to in clause (a) or at their own initiative, make modification on the certificate of origin by striking out errors and making any addition required: Provided that such modification should be certified by authorised signature and seal of the competent governmental authority of the exporting Party or its designees. (c) erasures, superimpositions and modifications other than those referred to in clause (b) shall not be allowed on the certificate of origin issued under paragraph 3 of Annexure-2. 5. Minor errors.- The customs authority of the importing Party shall disregard minor errors, such as slight discrepancies or omissions, typing errors or overrunning the margin of the designated field, subject....
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....eafter. 11. Communication.- (a) For the purposes of paragraphs 6,7 and 8 of Annexure-2, any communication between the competent governmental authority of the exporting Party and the customs authority of the importing Party should be made through the Embassy of India in Japan or the Embassy of Japan in India: Provided that such communications should be made by any method with a confirmation of receipt. (b) the direct communications between the competent governmental authority of the exporting Party and the customs authority of the importing Party may be made by facsimile or e-mail in parallel with the communications set out in clause (a). (C) the period for providing the response pursuant to sub-paragraph (2) of paragraph 6 and sub-paragraph (4) of paragraph 7 of Annexure-2 should commence from the date of the confirmation of receipt of the request pursuant to clause (a). 12. Goods in transit or storage.- Preferential tariff treatment for the originating goods, which are in transit from the exporting Party to the importing Party or in temporary storage in bonded area in the importing Party on the date of entry into force of the Agreement, should be accorded subject to the subm....
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....cription of goods (including HS code) eligible for concession in India or Japan; (b) comply with one of the requirements in Preference Criteria below, which are set out in rule 3; and (c) comply with the provision of consignment criteria of rule 10. 2. Preference criteria: (A) The good is wholly obtained or produced entirely in the Party, as provided for in rule 4. (B) The good is not wholly obtained or produced in the Party, provided that the good satisfies the requirements of rule 5. 3. Instructions for certificate of origin: (a) For the purposes of claiming preferential tariff treatment, the document should be completed legibly and in full by the exporter or its authorised agent and certified by the competent authority or its designees. The form should be completed in the English language. The document should be rendered invalid if it is modified after the issuance except as provided in clause (b) of paragraph 4 of Appendix-A to Annexure-2. (b) If the space of this document is insufficient to specify the necessary particulars for identifying the goods and other related information, the exporter or its authorised agent may provide the information using additional page o....