Clarification on certain aspects of origin procedures under free trade agreements (FTAs)
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....rnational Customs Division Room No. 227A, North Block, New Delhi Dated the 21^st October, 2024 To, All Principal Chief Commissioners / Chief Commissioners of Customs / Customs (Preventive)/ Customs and Central Tax All Principal Commissioners / Commissioner of Customs / Customs (Preventive) All Principal Directors General / Directors General under CBIC Madam / Sir, Sub....
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....to check its authenticity and / or accuracy of information contained therein. 2. In this regard, it is to note that third-party invoicing is a common business practice and a few trade agreements explicitly provide for it. For example, Article 22 of Operational Certification Procedures for the Rules of Origin for the AIFTA states that: "The Customs Authority in the importing Party shall....
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....documents in relation to the originating status of the product, as may be deemed necessary, from the importer, consistent with the trade agreement. When the requisite information is not provided by the importer or the information furnished is insufficient to assess origin criteria, the laid down process of verification gets triggered in terms of the Customs (Administration of Rules of Origin under....
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....thout causing further verification on the basis of the information and documents furnished by the importer and available on record. However, it is emphasised that if the concerned trade agreement does not allow for outright denial without causing a verification in accordance with provisions laid down in the subject agreement, the provision of the trade agreement shall prevail. CBIC vide its Instru....
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