Instructions for submitting Certificates of Origin under various Preferential Trade Agreements

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....nce Act, 2020 dated 27th March, 2020. 2. A new Chapter V AA (a new section 28DA) on the subject 'Administration of Rules of Origin under Trade Agreement' has been added in the Customs Act, 1962 to provide enabling provisions for administering the preferential tariff treatment regime under Trade Agreements. The new section seeks to specifically enumerate obligations of the importer and prescribes for time bound verification from exporting country in case or doubt. Pending such verification preferential tariff shall be suspended and goods shall be cleared only on furnishing security equal to differential duty. In certain cases, the preferential tax preferential may be denied without further verification. The said provisions are enc....

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....NT 28DA. (1) An importer making claim for preferential rate of duty, in terms of any trade agreement, shall,— (i) make a declaration that goods qualify as originating goods for preferential rate of duty under such agreement; (ii) possess sufficient information as regards the manner in which country of origin criteria, including the regional value content and product specific criteria, specified in the rules of origin in the trade agreement, are satisfied; (i) furnish such information in such manner as may be provided by rules; (iv) exercise reasonable care as to the accuracy and truthfulness of the information furnished. (2) The fact that the importer has submitted a certificate of origin issued....

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....ustoms or the Commissioner of Customs may, instead of security, require the importer to deposit the differential duty amount in the ledger maintained under section 51A. (6) Upon temporary suspension of preferential tariff treatment, the proper officer shall inform the Issuing Authority of reasons for suspension of preferential tariff treatment, and seek specific information as may be necessary to determine the origin of goods within such time and in such manner as may be provided by rules. (7) Where, subsequently, the Issuing Authority or exporter or producer, as the case may be, furnishes the specific information within the specified time, the proper officer may, on being satisfied with the information furn....

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....BLE". (11) Where the verification under this section establishes non-compliance of the imported goods with the country of origin criteria, the proper officer may reject the preferential tariff treatment to the imports of identical goods from the same producer or exporter, unless sufficient information is furnished to show that identical goods meet the country of origin criteria. Explanation. For the purposes of this Chapter,― (a) "certificate of origin" means a certificate issued in accordance with a trade agreement certifying that the goods fulfill the country of origin criteria and other requirements specified in the said agreement; (b) "identical goods" means goods that are same in all respects with ....