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Tribunal Rules on Preferential Tariff: Verification Needed for Malaysian Origin Certificate Before Denying Customs Duty Benefit.

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Full Text of the Document

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....Benefit of concessional rate of Customs duty benefit on the basis of county of Origin Certificate - Malaysian Origin goods - The Tribunal examined the provisions of Notification No. 46/2011-Cus and the AIFTA Rules regarding the origin criteria for preferential tariff treatment. It found that the appellants claimed the goods to be originating in Malaysia under Rule 5 of the AIFTA Rules. Despite the department's doubts, it was observed that there was no confirmation from the Malaysian Government regarding the authenticity of the country of origin certificate. Therefore, the Tribunal ruled that without verifying the authenticity of the certificate of origins, the benefit cannot be denied.....