TaxTMI 
TaxTMI 
Reg. rules of origin on Bangkok agreement
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....f the following conditions: (a) Products wholly produced or obtained in the exporting Participating State as defined in Rule 3; or (b) Products not wholly produced or obtained in the exporting Participating State, provided that the said products are eligible under Rule 4 or Rule 5. RULE 3: Wholly produced or obtained Within the meaning of Rule 2 (a) the following shall be considered as wholly produced or obtained in the exporting Participating State: a. raw or mineral products extracted from its soil, its water or its seabeds; b. agricultural products harvested there; c. animals born and raised there; d. products obtained from animals referred to in paragraph (c) above; e. products obtained by hunting or fishing conducted there; f. products of sea fishing and other marine products taken from the high seas by its vessels; g. products processed and/ or made on board its factory ships exclusively from products referred to in paragraph (f) above; h. parts or raw materials recovered there from used articles which can no longer perform their original purpose nor are capable; i. used articles collected there which can no longer perform thei....
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....als, 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 Participating State where the working or processing takes place. (e) Whether or not the requirements of Rule 2(b) are satisfied, the following operations or processes are considered to be insufficient to confer the status of originating products: i. Operations to ensure the preservation of products in good condition either for transportation or storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); ii. 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; iii. Changes of packaging and breaking up and assembly of consignments; iv. Simple slicing, cutting or repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards, etc. v. The affixing of marks, labels or other like distinguishing signs on products or their packaging; vi. Simple mixi....
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....ating from States with which it does not have economic and commercial relations. (b) Participating States will do their best to co-operate in order to specify origin of inputs in the Certificate of Origin. RULE 10: Review These Rules may be reviewed as and when necessary upon request of one-third of the Participating States and may be open to such modifications as may be agreed upon. RULE 11: Special criteria percentage Products originating in least developed Participating States can be allowed a favorable 10 percentage points applied to the percentages established in Rules 4 and 5. Thus, for Rule 4, the percentage would not exceed 65 percent, and for Rule 5, the percentage would not be less than 50 percent. F.No.467/63/2006-Cus.V/ICD ANNEXURE-A SAMPLE CERTIFICATE OF ORIGIN Asia-Pacific Trade Agreement (Combined declaration and certificate) 1.Goods consigned from: (Exporter's business name, address, country) Reference No. Issued in ........... (Country) 2. Goods consigned to: (Consignee's name, address, country) 3. For Official use 4. Means of transport and route: 5. Tariff item number: 6. Marks and nu....
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....hrough a third country this can be indicated as follows: e.g. °By Air" °Laos to India via Bangkok" Box 5 Tariff Item Number Type the 4-digit HS heading of the individual items. Box 6 Marks and Numbers of Packages Type the marks and numbers of the packages covered by the Certificate. This information should be identical to the marks and numbers on the packages. Box 7 Number and Kind of Packages; Description of Goods Type clearly the description of the products exported. This should be identical to the description of the products contained in the invoice. An accurate description will help the Customs Authority of the country of destination to clear the products quickly. Box 8 Origin Criterion Preference products must be wholly produced or obtained in the exporting Participating State in accordance with Rule 3 of the Asia-Pacific Trade Agreement Rules of Origin, or where not wholly produced or obtained in the exporting Participating State must be eligible under Rule 4 or Rule 5. (a) Products wholly produced or obtained: enter the letter A in Box 8. Products not wholly produced or obtained: the entry in Box 8 sho....
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....be issued manually or electronically by the Issuing Authority of the exporting APTA Participating State at the time of exportation or within three working days from the date of shipment. (d) shall be valid for one year from the date of issuance. (e) shall be without erasures and superimposition and unused spaces shall be crossed out to prevent any subsequent addition. (t) shall have the relevant rules and applicable percentage of regional content in Box 8. (2) In the event of theft, loss or destruction of a Certificate of Origin, a certified true copy of the original, issued by the issuing Authority, bearing the words "Certified True Copy" in Box 3, and the date of issuance of the original Certificate of Origin, shall be accepted and the certified true copy of a Certificate of Origin shall be issued within the validity period of the original Certificate of Origin. 3. Presentation of the Certificate of Origin. - (i) An original Certificate of Origin shall be submitted for preferential treatment to the Customs authority at the time of lodging the import entry for the products concerned. (ii) The Certificate of Origin shall be submitted to the Customs authority at th....
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....ject to any administrative measures deemed necessary : Provided farther that the goods are not held to be subject to import prohibition or restriction and there is no suspicion of fraud. (iv) (a) The Issuing Authority receiving a request for verification shall respond to the request promptly and reply within three months after receipt of the request. (b) The verification process, including the actual process and the determination of whether the subject goods are originating or not, should be completed and the result should be communicated to the Issuing Authority within six months. (c) While the process of the verification is being undertaken, the provisions of sub-paragraph (iii) shall be applied. (v) In the cases where the Customs authority in India does not receive any reply within four months after the making of the request, the Customs authority may deny the claim for preferential treatment and in case the reply does not supply enough information to confirm the authenticity of the documents or the origin of the goods, the concerned authorities shall resolve the issue through bilateral consultation within three months, failing which the preferential treatment may....