TaxTMI 
TaxTMI 
Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile (Amendment) Rules, 2017
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....2007, namely:- 1. (1) These rules may be called the Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile (Amendment) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the said rules, in rule 6, after sub-rule (5), the following sub-rule shall be inserted, namely:- "(6) Notwithstanding the provisions of the sub-rule (1) and sub-rule (2), a product shall be considered as originating if it fulfils the conditions laid down in the Annex to these rules and final process of manufacturer is performed within the territory of the exporting Party.". 3. In the said rules, in Section III, under the heading PROOF OF ORIGIN, for rule 15 and rule 16, the following rules shall be substituted, namely:- "Rule 15. Certificate 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 and it is valid for only one importing operation concerning one or more goods. (2) For the p....
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....x number, e-mail) of its competent authorities for the purposes of these rules- (i) to whom the specimen seals and signatures of the issuing authorities of the other Party should be communicated:- India: The Director (International Customs), Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India, Room No. 49, North Block, New Delhi 110001, INDIA. Telephone: +91 11 2309 3380 Fax +91 11 2309 3760 e-mail: [email protected] Chile: Certification and Verification Department, General Directorate of International Economic Affairs, Ministry of Foreign Affairs, Teatinos 180 Santiago Chile; Telephone: +562 28275100 e-mail: [email protected] ; (ii) to whom the references of verification of Certificate of Origin issued by the Party, should be addressed:- India: The Director, RMTR Division, Department of Commerce, Ministry of Commerce & Industry, ....
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....e of the commercial invoice shall be indicated in the box reserved for this purpose in the certificate of origin. (14) When the goods to be traded is invoiced by a non-Party operator, the producer or exporter of the originating Party shall inform, in the field titled "observations" of the respective certificate of origin, that the goods subject to declaration shall be invoiced from that non-Party operator, reproducing the following data from the commercial invoice issued by this operator, namely:- name, address, country, number and date: Provided that value addition, where applicable, carried out only in the territory of the exporting Party shall be taken into account for calculation of local value addition. Rule 16. Issue of Certificates of Origin (1) For the issue of a certificate of origin, the final producer or exporter of the goods shall present the corresponding commercial invoice and a request containing a sworn declaration by the final producer certifying that the goods fulfil the origin criteria of these rules, as well as the necessary documents supporting such a declaration and the said sworn declaration shall contain at least the following data, namely:- ....
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....ox 4 of the certificate of origin and this copy shall bear the date of the original certificate of origin. (7) Minor discrepancies between the certificate of origin and the documents submitted to the customs authority of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party of the importing Party for the purpose of carrying out the formalities for importing the products shall not ipso facto invalidate the certificate of origin if it corresponds to the products under importation. (8) The requesting Party and the certifying offices or authorised institutions shall keep the documents supporting the certificate of origin for a period no less than five years, from the date of its issue and the issuing authority shall enumerate the certificates issued by them in sequential order. (9) The issuing authority shall keep a permanent record of all issued certificate of origin, which shall contain at least the certificate number, the requesting entity's name and the date of its issue.". 4. ....
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....; (e) when the customs authority of the importing Party is not satisfied with the results of the verification of origin pursuant to clauses (a) to (d), it shall deliver a written request to the issuing authority of the exporting Party to facilitate visits to the premises of the producer, with a view to examining the production processes, as well as the equipment and tools utilised in the manufacture of the product under verification; (f) the issuing authority of the exporting Party will provide the requisitioned documents, statement and cost sheet of materials to the customs authority of the importing Party at least fifteen days before the date of visit; (g) the issuing authority of the exporting Party shall accompany the authorities of the importing Party in their above-mentioned visit, which may include the participation of specialists who shall act as observers: Provided that, each Party may designate specialists, who shall be neutral and have no interest whatsoever in the verification: Provided further that, each Party may deny the participation of such specialists whenever the latter represent the interests of the companies involved in the verificati....
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....e product from third countries, according to the legislation of the importing country. Rule 21 The information obtained under the conditions of these rules shall be confidential in character, in accordance with its law, and each Party shall protect such information from disclosure that could prejudice the competitive position of the persons providing the information and it shall be utilised with a view to clarifying the matter under verification by the competent authorities of the importing Party as well as during the verification and legal proceedings. Rule 22 The customs authorities of the importing Party shall immediately notify the importer and the competent authorities of the exporting Party upon initiation of the verification envisaged under rule 17, in accordance with the procedures established in rule 18. Rule 23 The competent authorities of the importing Party shall engage to conclude the verification in a period preferably within sixty days but not more than ninety days, from the date of the receipt of all the information requested in accordance with rule 18: Provided that where new investigative actions or the presentation of more information are nec....
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....es under verification shall be taken into account for future shipments. Rule 27 Once the verification 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 rule 20, within not more than thirty days and shall be promptly refunded the duties paid in excess in accordance with the domestic legislation of the Parties. Rule 28 (1) Once the verification establishes the non-qualification of the origin criterion of the goods contained in the certificate of origin, the duties shall be levied in accordance with the domestic legislation in force in the importing Party. (2) In such a case, the competent authorities of the importing Party may deny preferential tariff treatment to new imports relating to identical goods from the same producer, until it is clearly demonstrated that the manufacturing conditions were modified so as to fulfil the origin requirements of the rules of origin of these rules. (3) Once the competent authorities of the exporting Party has sent the information demonstrating that the manufacturing conditions were modified and goods fulfil the origin criter....
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....trative, 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.". 5. In the said rules, after rule 33, the following Annex shall be inserted, namely:- "Annex [see sub-rule (6) of rule 6] Product Specific Rules PART 1 General Notes For the purposes of the product specific rules set out in this Annex,- (a) the product specific rule, or specific set of rules, that applies to a particular chapter, heading or subheading is set out immediately adjacent to the chapter, heading or subheading; (b) where the specific set of rules provides for more than one rule to be selectively applied, the order of the description of the rules does not indicate priority of application; (c) the following definitions apply: (i) the term "chapter" means a chapter of the Harmonized System; (ii) the term "heading" means the first four digits in the tariff classification number under the Harmonized System; and (iii) the term "subheading" means the first ....
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....other heading 28 2002.90 A change to sub-heading 2002.90 from any other heading 29 2003.10 A change to sub-heading 2003.10 from any other heading 30 2004.10 A change to sub-heading 2004.10 from any other heading 31 2005.70 A change to sub-heading 2005.70 from any other heading 32 2005.99 A change to sub-heading 2005.99 from any other heading 33 2007.99 A change to sub-heading 2007.99 from any other heading 34 2009.61 A change to sub-heading 2009.61 from any other heading 35 2009.69 A change to sub-heading 2009.69 from any other heading 36 2009.79 A change to sub-heading 2009.79 from any other heading 37 2009.80 A change to sub-heading 2009.80 from any other heading 38 2102.10 A change to sub-heading 2102.10 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 39 2105.00 A change to sub-heading 2105.00 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 4....
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.... any other heading 69 4703.21 A change to sub-heading 4703.21 from any other heading 70 4703.29 A change to sub-heading 4703.29 from any other heading 71 4707.90 A change to sub-heading 4707.90 from any other heading 72 4809.90 A change to sub-heading 4809.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 73 4810.13 A change to sub-heading 4810.13 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 74 4810.19 A change to sub-heading 4810.19 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 75 4810.22 A change to sub-heading 4810.22 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 76 4810.32 A change to sub-heading 4810.32 from any other headi....
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.... 87 8413.91 - 8413.92 A change to sub-heading 8413.91 through 8413.92 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 88 8414.10 - 8414.20 A change to sub-heading 8414.10 through 8414.20 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 89 8414.40 A change to sub-heading 8414.40 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 90 8414.59 A change to sub-heading 8414.59 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 91 8414.80 - 8414.90 A change to sub-heading 8414.80 through 8414.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 92 ....
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....alue of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 103 8431.39 - 8431.41 A change to sub-heading 8431.39 through 8431.41 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 104 8431.43 - 8431.49 A change to sub-heading 8431.43 through 8431.49 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 105 8450.11 A change to sub-heading 8450.11 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 106 8450.90 A change to sub-heading 8450.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 107 8474.10 - 8474.20 A change to sub-heading 8474.10 through 8474.20 from any other heading or the total value of all ....
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....s or of undetermined origin used does not exceed 60% of the FOB value of the product. 118 8535.30 - 8535.90 A change to sub-heading 8535.30 through 8535.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 119 8536.10- 8536.20 A change to sub-heading 8535.10 through 8536.20 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 120 8536.41 - 8536.50 A change to sub-heading 8536.41 through 8536.50 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 121 8536.69 A change to sub-heading 8536.69 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 122 8536.90 A change to sub-heading 8536.90 from any other heading or the total value of all non-originating materials or of undet....
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....nating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 133 9403.89 A change to sub-heading 9403.89 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 134 9403.90 A change to sub-heading 9403.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 135 9404.29 A change to sub-heading 9404.29 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 136 9404.90 A change to sub-heading 9404.90 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed 60% of the FOB value of the product. 137 9405.10 - 9405.50 A change to sub-heading 9405.10 through 9405.50 from any other heading or the total value of all non-originating materials or of undetermined origin used does not exceed ....