Union of India - Act
The Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and the Republic of Korea) Rules, 2009
UNION OF INDIA
India
India
The Customs Tariff (Determination of Origin of Goods under the Preferential Trade Agreement between the Governments of the Republic of India and the Republic of Korea) Rules, 2009
Rule THE-CUSTOMS-TARIFF-DETERMINATION-OF-ORIGIN-OF-GOODS-UNDER-THE-PREFERENTIAL-TRADE-AGREEMENT-BETWEEN-THE-GOVERNMENTS-OF-THE-REPUBLIC-OF-INDIA-AND-THE-REPUBLIC-OF-KOREA-RULES-2009 of 2009
- Published on 31 December 2009
- Commenced on 31 December 2009
- [This is the version of this document from 31 December 2009.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definition.
3. Originating goods.
4. Goods wholly obtained or produced.
- For the purposes of clause (a) of sub-rule (1) of rule 3, the following goods shall be considered as being wholly obtained or produced in the territory of a State Party, namely:-5. Goods not wholly obtained or produced.
| Regional Value Content =| FOB value - Value of non-originating materials as per sub-rule (2)FOB value| x 100 |
6. Indirect materials.
- The origin of the indirect materials shall not be taken into account for determining the origin of a good in a State party.7. Non-qualifying operations.
8. Accumulation.
- Where the originating material from the territory of a State party are incorporated in the production of a good in the territory of the other State party such material shall be considered to originate in the territory of the other State party.9. Accessories, spare parts and tools.
- Any accessories, spare parts or tools delivered with a good that form part of the standard accessories, spare parts or tools of the good, shall be treated as originating goods if the good is an originating good, and shall not be taken into account in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification:Provided that,-10. Packing materials and containers for retail sale.
- For the purposes of these rules, any packing materials and containers in which a good is packaged for retail sale shall, if classified with the good, not be taken into account in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification, and, if the good is subject to a regional value content requirement, the value of such packaging materials and containers shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.11. Packing materials and containers for shipment.
- For the purposes of these rules, any packing materials and containers in which a good is packed for shipment shall not be taken into account in determining whether,-12. Fungible materials.
13. Principle of territoriality.
14. Direct Consignment.
15. Certificate of origin.
- The goods eligible for preferential treatment under the agreement shall be supported by a Certificate of Origin issued by an authority designated by the Government of the exporting State party and notified to the other State party as specified in the Annexure-IV to the rules and in accordance with the detailed operational certification procedure, for implementation of these rules as specified in Annexure-III to the rules and in the formate specified in the Annexure-V to the rules.Annexure-I(See rule 5)Product Specific RulesPart-IFor the purposes of this annexure,-1. The following definitions apply:
2. The specific rule, or specific set of rules, that applies to a particular heading or subheading is set out immediately adjacent to the heading or sub-heading.
3. A requirement of a change in tariff classification applies only to non-originating materials.
4. Where a specific rule of origin is defined using the criterion of a change in tariff classification, and the rule is written to exclude tariff provisions at the level of a chapter, heading or sub-heading of the Harmonised System, each State party shall construe the rule of origin to require that materials classified in those excluded provisions be originating for the good to qualify as originating.
Part-II Chapter 1Live Animals01.
01.
-01.06All the animals of Chapter 1 shall be wholly obtained.Chapter 2
Meat and Edible Meat Offal02.
01.
-02.10Manufacture in which all the materials of Chapter 1 and 2 used are wholly obtained.Chapter 3
Fish and Crustaceans, Molluscs and Other Aquatic Invertebrates03.
01.
-03.07Manufacture in which all the materials of Chapter 3 used are wholly obtained.Chapter 4
Dairy Produce; Birds Eggs; Natural Honey; Edible Products of Animal Origin, Not Elsewhere Specified or Included04.
01.
-04.10Manufacture in which all the materials of Chapter 4 used are wholly obtained.Chapter 5
Products of Animal Origin, Not Elsewhere Specified or Included05.
01.
-5.11Manufacture in which all the materials of Chapter 5 used are wholly obtained.Chapter 6
Live Trees and Other Plants; Bulbs, Roots and the Like; Cut Flowers and Ornamental Foliage06.
01.
-06.04Manufacture in which all the materials of Chapter 6 used are wholly obtained.Chapter 7
Edible Vegetables and Certain Roots and Tubers07.
01.
-07.14Manufacture in which all the materials of Chapter 7 used are wholly obtained.Chapter 8
Edible Fruit and Nuts; Peel of Citrus Fruit or Melons08.
01.
-08.14Manufacture in which all the materials of Chapter 8 used are wholly obtained.Chapter 9
Coffee, Tea, Mate and Spices09.
01.
-09.10Manufacture in which all the materials of Chapter 9 used are wholly obtained.Chapter 10
Cereals10.
01.
-10.08Manufacture in which all the materials of Chapter 10 used are wholly obtained.Chapter 11
Products of the Milling Industry; Malt; Starches; Insulin; Wheat Gluten11.
01.
-11.09Manufacture in which all the materials of Chapter 7, 8 and 10 used are wholly obtained.Chapter 12
Oil Seeds and Oleaginous Fruits; Miscellaneous Grains, Seeds and Fruit; Industrial or Medicinal Plants; Straw and Fodder12.
01.
-12.14Manufacture in which all the materials of Chapter 12 used are wholly obtained.Chapter 13
Lac; Gums, Resins and Other Vegetable Saps and Extracts13.
01.
-13.02Manufacture in which all the materials of Chapter 13 used are wholly obtained.Chapter 14
Vegetable Plaiting Materials; Vegetable Products Not Elsewhere Specified or Included14.
01.
-14.04Manufacture in which all the materials of Chapter 14 used are wholly obtained.Chapter 15
Animal or vegetable Fats and Oils and Their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes15.
01.
-15.03A change to heading 15.01 through 15.03 from any other chapter, provided that there is a regional value content of not less than 40 per cent.15.
07.
-15.22A change to heading 15.07 through 15.22 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 16
Preparations of Meat, of Fish or of Crustaceans, Molluscs or Other Aquatic Invertebrates1604.
11.
-1604.19A change to sub-heading 1604.11 through 1604.19 from any other heading, provided that there is a regional value content of not less than 40 per cent.1604.
30.
-1605.30A change to sub-heading 1604.30 through 1605.30 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 18
Cocoa and Cocoa Preparations18.
01.
-18.02A change to heading 18.01 through 18.02 from any other chapter, provided that there is a regional value content of not less than 40 per cent.18.
03.
-18.06A change to heading 18.03 through 18.06 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 19
Preparations of Cereals, Flour, Starch or milk; Pastrycooks' Products1902.
11.
-1905.20A change to sub-heading 1902.11 through 1905.20 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 20
Preparations of Vegetables, Fruit, Nuts or Other Parts of Plants2001.
10.
-2003.10A change to sub-heading 2001.10 through 2003.10 from any other heading, provided that there is a regional value content of not less than 40 per cent.2003.
20.
-2003.90A change to sub-heading 2003.20 through 2003.90 from any other chapter, provided that there is a regional value content of not less than 40 per cent.2004.
10.
-2005.80A change to sub-heading 2004.10 through 2005.80 from any other heading, provided that there is a regional value content of not less than 40 per cent.2005.
90.
-2006.00A change to sub-heading 2005.90 through 2006.00 from any other chapter, provided that there is a regional value content of not less than 40 per cent.2007.
10.
-2008.11A change to sub-heading 2007.10 through 2008.11 from any other heading, provided that there is a regional value content of not less than 40 per cent.2008.
20.
-2009.90A change to sub-heading 2008.20 through 2009.90 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 21
Miscellaneous Edible Preparations2101.
11.
-2106.10A change to sub-heading 2101.11 through 2106.10 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 22
Beverages, Spirits and Vinegar22.
02.
A change to heading 22.02 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 23
Residues and Waste from the Food Industries; Prepared Animal Fodder2301.
20.
A change to sub-heading 2301.20 from any other chapter.Chapter 27
Mineral Fuels, Mineral Oils and Products of Their Distillation; Bituminous Substances; Mineral Waxes27.
07.
A change to heading 27.07 from any other heading.2710.
11.
-2710.19A change to sub-heading 2710.11 through 2710.19 from any other heading.Chapter 28
Inorganic Chemicals; Organic or Inorganic Compounds of Precious Metals, of Rare-earth Metals, of Radioactive Elements or of Isotopes28.
01.
-28.03A change to heading 28.01 through 28.03 from any other heading.2804.
21.
-2804.29A change to sub-heading 2804.21 through 2804.29 from any other heading.2804.
69.
-2804.90A change to sub-heading 2804.69 through 2804.90 from any other heading.2805.
19.
-2805.30A change to sub-heading 2805.19 through 2805.30 from any other heading.2823.
00.
-2824.10A change to sub-heading 2823.00 through 2824.10 from any other heading, provided that there is a regional value content of not less than 30 per cent.2836.
99.
-2837.19A change to sub-heading 2836.99 through 2837.19 from any other heading, provided that there is a regional value content of not less than 30 per cent.Chapter 29
Organic Chemicals2902.
11.
-2902.41A change to sub-heading 2902.11 through 2902.41 from any other heading.2902.
43.
-2902.44A change to sub-heading 2902.43 through 2902.44 from any other heading.2902.
60.
-2902.70A change to sub-heading 2902.60 through 2902.70 from any other heading.2903.
12.
-2903.13A change to sub-heading 2903.12 through 2903.13 from any other heading.2903.
21.
-2903.29A change to sub-heading 2903.21 through 2903.29 from any other heading.2903.
47.
-2903.49A change to sub-heading 2903.47 through 2903.49 from any other heading.2903.
59.
-2903.61A change to sub-heading 2903.59 through 2903.61 from any other heading.2903.
69.
-2904.90A change to sub-heading 2903.69 through 2904.90 from any other heading.2905.
12.
-2905.19A change to sub-heading 2905.12 through 2905.19 from any other heading.2905.
31.
-2905.42A change to sub-heading 2905.31 through 2905.42 from any other heading.2905.
49.
-2905.51A change to sub-heading 2905.49 through 2905.51 from any other heading,2906.
19.
-2907.13A change to sub-heading 2906.19 through 2907.13 from any other heading.2907.
15.
-2908.20A change to sub-heading 2907.15 through 2908.20 from any other heading.2909.
19.
-2909.49A change to sub-heading 2909.19 through 2909.49 from any other heading.2910.
10.
-2912.30A change to sub-heading 2910.10 through 2912.30 from any other heading.2912.
60.
-2914.19A change to sub-heading 2912.60 through 2914.19 from-any other heading.2914.
39.
-2914.50A change to sub-heading 2914.39 through 2914.50 from any other heading.2914.
70.
-2915.23A change to sub-heading 2914.70 through 2915.23 from any other heading.2915.
29.
-2915.39A change to sub-heading 2915.29 through 2915.39 from any other heading.2916.
11.
-2917.32A change to sub-heading 2916.11 through 2917.32 from any other heading.2917.
34.
-2917.39A change to sub-heading 2917.34 through 2917.39 from any other heading.2918.
15.
-2918.19A change to sub-heading 2918.15 through 2918.19 from any other heading.2918.
90.
-2919.00A change to sub-heading 2918.90 through 2919.00 from any other heading.2921.
12.
-2921.45A change to sub-heading 2921.12 through 2921.45 from any other heading.2921.
51.
-2922.13A change to sub-heading 2921.51 through 2922.13 from any other heading.2922.
19.
-2922.29A change to sub-heading 2922.19 through 2922.29 from any other heading.2925.
19.
-2926.20A change to sub-heading 2925.19 through 2926.20 from any other heading.2927.
00.
-2930.10A change to sub-heading 2927.00 through 2930.10 from any other heading.2931.
00.
-2932.11A change to sub-heading 2931.00 through 2932.11 from any other heading.2934.
20.
-2934.30A change to sub-heading 2934.20 through 2934.30 from any other heading.Chapter 32
Tanning or Dyeing Extracts; Tannins and Their Derivatives; Dyes, Pigments and Other Colouring Matter; Paints and Varnishes; Putty and Other Mastics; Inks32.
01.
A change to heading 32.01 from any other heading, provided that there is a regional value content of not less than 35 per cent.3202.
90.
-3203.00A change to sub-heading 3202.90 through 3203.00 from any other heading, provided that there is a regional value content of not less than 35 per cent.3204.
12.
-3204.16A change to sub-heading 3204.12 through 3204.16 from any other heading, provided that there is a regional value content of not less than 35 per cent.3204.
17.
-3204.19A change to sub heading 3204.17 through 3204.19 from any other heading, provided that there is a regional value content of not less than 30 per cent.3205.
00.
-3206.43A change to sub-heading 3205.00 through 3206.43 from any other heading, provided that there is a regional value content of not less than 35 per cent.3206.
50.
-3208.90A change to sub-heading 3206.50 through 3208.90 from any other heading, provided that there is a regional value content of not less than 35 per cent.32.
11.
·32.12A change to heading 32.11 through 32.12 from any other heading, provided that there is a regional value content of not less than 35 per cent.3213.
90.
-3215.90A change to sub-heading 3213.90 through 3215.90 from any other heading, provided that there is a regional value content of not less than 35 per cent.Chapter 39
Plastics and Articles Thereof3901.
10.
-3901.20A change to sub-heading 3901.10 through 3901.20 from any other heading.3901.
30.
-3901.90A change to sub-heading 3901.30 through 3901.90 from any other heading, provided that there is a regional value content of not less than 25 per cent.3902.
10.
-3904.22A change to sub-heading 3902.10 through 3904.22 from any other heading.3904.
50.
-3905.29A change to sub-heading 3904.50 through 3905.29 from any other heading.3906.
90.
-3907.30A change to sub-heading 3906.90 through 3907.30 from any other heading.3907.
50.
-3907.91A change to sub-heading 3907.50 through 3907.91 from any other heading.3907.
99.
-3908.90A change to sub-heading 3907.99 through 3908.90 from any other heading, provided that there is a regional value content of not less than 25 per cent.Chapter 40
Rubber and Articles Thereof4002.
11.
A change to sub-heading 4002.11 from any other heading.4002.
20.
-4002.70A change to sub-heading 4002.20 through 4002.70 from any other heading.4002.
91.
-4002.99A change to sub-heading 4002.91 through 4002.99 from any other heading.Chapter 41
Raw Hides and Skins (Other Than Furskins) and Leather41.
04.
-41.15A change to heading 41.04 through 41.15 from any other heading.Chapter 42
Articles of Leather; Saddlery and Harness; Travel Goods, Handbags and Similar Containers; Articles of Animal Gut (Other Than Silk-worm Gut)42.
01.
-42.06.A change to heading 42.01 through 42.06 from any other heading.Chapter 44
Wood and Articles of wood; Wood Charcoal44.
01.
-44.06A change to heading 44.01 through 44.06 from any other heading.Textile goods falling within Chapter 50 through 60A change to heading 50.01 through 60.06 from any other heading, provided that there is a regional value content of not less than 40 per cent.Apparel goods falling within Chapter 61 through 6361.
01.
-63.10Manufacture from non-originating yarnChapter 64
Footwear, Gaiters and the Like; Parts of Such Articles6401.
10.
A change to sub-heading 6401.10 from any other heading, provided that there is a regional value content of not less than 40 per cent.6402.
30.
-64403.19A change to sub-heading 6402.30 through 6403.19 from any other heading, provided that there is a regional value content of not less than 40 per cent.6403.
30.
-6404.11A change to sub-heading 6403.30 through 6404.11 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 68
Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials68.
13.
A change to heading 68.13 from any other heading, provided that there is a regional value content of not less than 35 per cent.Chapter 70
Glass and Glassware70.
07.
A change to heading 70.07 from any other heading, provided that there is a regional value content of not less than 35 per cent.Chapter 71
Natural or Cultured Pearls, Precious or Semi-precious Stones, Precious Metals, Metals Clad with Precious Metal, and Articles Thereof; Imitation Jewellery;Coin71.
13.
-71.18A change to heading 71.13 through 71.18 from any other heading.Chapter 72
Iron and Steel72.
01.
-72.07A change to heading 72.01 through 72.07 from any other heading.7208.
25.
-7208.39A change to sub-heading 7208.25 through 7208.39 from any other heading.7208.
51.
-7208.90A change to sub-heading 7208.51 through 7208.90 from any other heading.7209.
16.
-7209.18A change to sub-heading 7209.16 through 7209.18 from any other heading.7209.
26.
-7210.30A change to sub-heading 7209.26 through 7210.30 from any other heading.72010.
49.
-7211.13A change to sub-heading 7210.49 through 7211.13 from any other heading.7211.
19.
-7229.90.A change to sub-heading 7211.19 through 7229.90 from any other heading.Chapter 73
Articles of Iron or Steel7304.
39.
-7304.49A change to sub-heading 7304.39 through 7304.49 from any other chapter, provided that there is a regional value content of not less than 25 per cent.7305.
11.
-7305.12A change to sub-heading 7305.11 through 7305.12 from any other chapter, provided that there is a regional value content of not less than 25 per cent.7306.
40.
-7306.50A change to sub-heading 7306.40 through 7306.50 from any other chapter, provided that there is a regional value content of not less than 25 per cent.7307.
21.
-7307.22A change to sub-heading 7307.21 through 7307.22 from any other chapter, provided that there is a regional value content of not less than 25 per cent.7307.
91.
-7307.99A change to sub-heading 7307.91 through 7307.99 from any other chapter, provided that there is a regional value content of not less than 25 per cent.7308.
90.
-7309.00A change to sub-heading 7308.90 through 7309.00 from any other chapter, provided that there is a regional value content of not less than 25 per cent.7318.
23.
-7318.24A change to sub-heading 7318.23 through 7318.24 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 74
Copper and Articles Thereof7403.
11.
A change to sub-heading 7403.11 from any other heading.7408.
11.
-7408.19A change to sub-heading 7408.11 through 7408.19 from any other heading, except from heading 74.07.7408.
22.
-7408.29A change to sub-heading 7408.22 through 7408.29 from any other heading, provided that there is a regional value content of not less than 25 per cent.7410.
11.
-7410.12A change to sub-heading 7410.11 through 7410.12 from any other heading, except from heading 74.09.7411.
21.
-7411.22A change to sub-heading 7411.21 through 7411.22 from any other heading, provided that there is a regional value content of not less than 25 per cent.Chapter 75
Nickel and Articles Thereof75.
01.
-75.08A change to heading 75.01 through 75.08 from any other heading.Chapter 76
Aluminium and Articles Thereof76.
01.
-76.09A change to heading 76.01 through 76.09 from any other heading.Chapter 78
Lead and Articles Thereof78.
01.
-78.06A change to heading 78.01 through 78.06 from any other heading.Chapter 80
Tin and Articles Thereof80.
01.
A change to heading 80.01 from any other heading.Chapter 81
Other Base Metals; Cermets; Articles Thereof8101.
10.
A change to sub-heading 8101.10 from any other heading, provided that there is a regional value content of not less than 25 per cent.Chapter 83
Miscellaneous Articles of Base Metal8301.
20.
A change to sub-heading 8301.20 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 84
Nuclear Reactors, Boilers, Machinery and Mechanical Appliances; Parts Thereof8407.
31.
A change to sub-heading 8407.31 from any other heading, provided that there is a regional value content of not less than 50 per cent.8407.
32.
-8407.34A change to sub-heading 8407.32 through 8407.34 from any other heading, provided that there is a regional value content of not less than 40 per cent.8408.
20.
-8408.90A change to sub-heading 8408.20 through 8408.90 from any other heading, provided that there is a regional value content of not less than 40 per cent.8421.
31.
-8421.39A change to sub-heading 8421.31 through 8421.39 from any other sub-heading, provided that there is a regional value content of not less than 40 per cent.8482.
20.
-8482.80A change to sub-heading 8482.20 through 8482.80 from any other heading, provided that there is a regional value content of not less than 40 per cent. and the bearing races (rings) used are wholly obtained or produced.8483.
10.
-8483.40A change to sub-heading 8483.10 through 8483.40 from any other sub-heading, provided that there is a regional value content of not less than 40 per cent.Chapter 85
Electrical Machinery and Equipment and Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles8501.
10.
A change to sub-heading 8501.10 from any other heading, provided that there is a regional value content of not less than 40 per cent.8501.
31.
-8501.32A change to sub-heading 8501.31 through 8501.32 from any other heading, provided that there is a regional value content of not less than 40 per cent.8507.
10.
-8507.20A change to sub-heading 8507.10 through 8507.20 from any other heading, provided that there is a regional value content of not less than 40 per cent.8511.
10.
-8511.50A change to sub-heading 8511.10 through 8511.50 from any other sub-heading, provided that there is a regional value content of not less than 40 per cent.8512.
40.
-8512.90A change to sub-heading 8512.40 through 8512.90 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 87
Vehicles Other Than Railway or Tramway Rolling-stock, and Parts and Accessories Thereof8701.
20.
-8701.90A change to sub-heading 8701.20 through 8701.90 from any other heading, provided that there is a regional value content of not less than 40 per cent.8705.
10.
-8708.80A change to sub-heading 8705.10 through 8708.80 from any other heading, provided that there is a regional value content of not less than 40 per cent.8708.
92.
-8709.90A change to sub-heading 8708.92 through 8709.90 from any other heading, provided that there is a regional value content of not less than 40 per cent.8711.
50.
-8711.90A change to sub-heading 8711.50 through 8711.90 from any other heading, provided that there is a regional value content of not less than 40 per cent.8714.
91.
-8714.96A change to sub-heading 8714.91 through 8714.96 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 90
Optical, Photographic, Cinematographic, Measuring, Checking, Precision, Medical or Surgical Instruments and Apparatus; Parts and Accessories Thereof9015.
80.
A change to sub-heading 9015.80 from any other heading, provided that there is a regional value content of not less than 40 per cent.9029.
10.
-9029.20A change to sub-heading 9029.10 through 9029.20 from any other heading, provided that there is a regional value content of not less than 40 per cent.Chapter 94
Furniture; Bedding, Mattresses, Mattress Supports, Cushions and Similar Stuffed Furnishings; Lamps and Lighting Fittings, Not Elsewhere Specified or Included; Illuminated Signs, Illuminated Name-plates and The Like; Prefabricated Buildings9401.
20.
A change to sub-heading 9401.20 from any other heading, provided that there is a regional value content of not less than 40 per cent.9405.
91.
-9406.00A change to sub-heading 9405.91 through 9406.00 from any other heading. -Chapter 96
Miscellaneous Manufactured Articles96.
01.
A change to heading 96.01 from any other heading.9603.
10.
-9603.29A change to sub-heading 9603.10 through 9603.29 from any other heading.2. Conferring of origin. - (1) Goods referred to in sub-paragraph (1) of paragraph 1 and any subsequent amendments, which are re-imported as the goods that do not undergo any process beyond operations within the territory of the re-importing State party for export as set out in rule 7 shall be deemed to be originating in the territory of that State party:
Provided that,-(i)the total value of non-originating input does not exceed forty per cent of the FOB value of the final good for which originating status is claimed; and,(ii)the value of originating materials exported from the State party is not less than sixty per cent of the total value of materials used in manufacturing the re-imported material or good.3. Specific implementation procedure. - (1) The Certificate of Origin for goods covered by exemption from the principle of territoriality under rule 13 shall be issued by the issuing authorities of the exporting State party in accordance with Annexure-III to the rules;
4. Special Safeguard. - (1) When a State party determines that there is an increase of importation of a good covered by exemption from the principle of territoriality in rule 13 into the territory of that State party in such quantities and under such conditions as to cause, or threaten to cause, serious injury to its domestic industry, that State party shall be free to suspend the application of exemption from the principle of territoriality under rule 13 to such a good for such a period of time as it may consider necessary to prevent or remedy such injury or threat to cause injury to the domestic industry of the State party;
200892.
Chapter 43
Furskins and artificial fur; manufactures thereof
430400.
Chapter 48
Paper and paperboard; articles of paper pulp, of paper or of paperboard
480439.
Chapter 55
Man-made staple fibers
550962.
, 550969Chapter 58
Special woven fabrics; tufted textile fabrics lace; tapestries; trimming; embroidery.
581099.
Chapter 61
Articles of apparel and clothing accessories, knitted or crocheted
610120.
, 610130, 610190, 610210, 610220, 610230, 610290, 610322, 610323, 610329, 610331, 610332,610333.
, 610339, 610341, 610342, 610343, 610349, 610413, 610419, 610422, 610423, 610429, 610431,610439.
, 610441, 610449, 610451, 610459, 610461, 610469, 610590, 610712, 610719, 610721, 610722,610729.
, 610791, 610811, 610829, 610832, 611019, 611211, 611212, 611219, 611220, 611231, 611239,611241.
, 611249, 611420, 611490Chapter 62
Articles of apparel and clothing accessories, not knitted or crocheted
620111.
, 620112, 620113, 620119, 620192, 620219, 620291, 620292, 620299, 620312, 620322, 620323,620329.
, 620339, 620349, 620412, 620419, 620421, 620422, 620423, 620429, 620441, 620444, 620590,620610.
, 620620, 620721, 620722, 620791, 620799, 620811, 620819, 620821, 620822, 620829, 620891,620899.
, 620920, 620930, 620990, 621040, 621120, 621132, 621139, 621141, 621142, 621230, 621390, 621420Chapter 63
Other made up textile articles; sets; worn clothing and worn textile articles; rags
630130.
Annexure-III(See rule 15)Procedure regarding claim of preferential tariff treatment and Certificate of Origin of Goods under the agreement1. Issuing Authorities. - (1) The Certificate of Origin shall be issued by an authority or authorities designated by the Government of the exporting State party (hereinafter referred to as "Issuing Authorities") as provided in Annexure-IV to the rules.
2. Application for Certificate of Origin. - (1) The exporter or the producer of the goods satisfying the criteria of preferential tariff treatment under these rules shall apply in writing or electronically, as the case may be, to the relevant Issuing Authorities requesting for pre-export verification of the origin of the goods who shall, on receiving such request, conduct pre-export verification and the result of such verification, shall be accepted, subject to review periodically or whenever appropriate, as the supporting evidence in verifying the origin of the said goods to be exported thereafter:
Provided that, the pre-export verification may not apply to the goods, the origin of which, by their nature, can be easily verified.3. Issuance of Certificate of Origin. - (1) A Certificate of Origin shall comprise of one original and three copies and shall be,-
(a)in a printed format or on any other medium, including electronic format; and,(b)completed in English in conformity with the specimen and the instructions contained therein as set out in the Annexure-V to the rules.4. Validity of Certificate of Origin. - (1) The Certificate of Origin shall be valid for twelve months from the date of its Issuing Authorities in the exporting State patty and claim far preferential tariff treatment on the basis of such Certificate of Origin shall be made within the said period to the customs authority of the importing State party.
5. Invoicing by a State Non-party operator. - (1) The customs authority in the importing State party may accept a Certificate of Origin in cases where the sales invoice is issued by an operator located in a third country or by an exporter for the account of the said operator, provided that, the good meets the requirements of these rules.
6. Discrepancies in the Certificate of Origin. - The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the customs authority of the importing State party for the purpose of carrying out the formalities for importing the goods shall not ipso facto invalidate the Certificate of Origin:
Provided that, such Certificate of Origin corresponds to the goods under importation.7. Claim for preferential tariff treatment. - (1) Except as otherwise provided for in this Annexure, each State party shall require an importer in its territory who claims preferential tariff treatment for a good imported into its territory from the territory of the other State party to,-
(a)request for preferential tariff treatment at the time of importation of an originating good, if required by the customs authority of the importing State party;(b)make a written declaration that the good qualifies as an originating good, if it deemed necessary to do so by the importing State party;(c)submit the original Certificate of Origin to the customs authority of the importing State party at the time of importation, if required by the customs authority of the importing State party;(d)provide, on the basis of request of the customs authority of the importing State party, any other documentation relating to the importation of the good; and,(e)promptly make a corrected declaration in a manner required by the customs authority of the importing State party, subject to the laws of the importing State party and pay any duties along with interest and other charges owing, where the importer has reason to believe that the Certificate of Origin, on the basis of which such preferential tariff treatment is requested, contains information that is not correct.8. Waiver of Certificate of Origin. - The goods sent as small packages from one private person to another or forming part of the personal luggage of a traveller may be admitted as originating goods without requiring the submission of a Certificate of Origin in accordance with the laws and regulations of any the importing State party.
9. Record keeping requirement. - (1) The application, including any documents, submitted for the purpose of issuance of the Certificate of Origin shall be retained by the Issuing Authorities, the exporter and the producer for not less than five years from the date of issuance of the Certificate of Origin.
10. Origin verification. - (1) The importing State party may, at random or when it has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the goods in question or of certain parts thereof, request the Issuing Authorities of the exporting State party for a retroactive check and the Issuing Authorities shall conduct such check in accordance with the following procedure, namely:-
(a)the request for such retroactive check shall be accompanied with the Certificate of Origin concerned and the reasons shall be specified including any additional information suggesting that the particulars given on that Certificate of Origin may be inaccurate:Provided that, no reasons or additional information need to be specified when the retroactive check is requested on a random basis by the importing State party;(b)the Issuing Authorities receiving a request for a retroactive check shall respond to the request promptly and reply within three months from the date of receipt of such request;(c)the customs authority of the importing State party may suspend the provision of preferential tariff treatment while awaiting the result of such verification:Provided that, the goods pending release due to the said verification may be released by the customs authority of the importing State party to the importer subject to any administrative measures deemed necessary:Provided that, the goods shall not be released, when they are subject to import prohibition or restriction or when there is suspicion of fraud;(d)the Issuing Authorities shall promptly transmit the results of the verification process to the customs authority of the importing State party which shall then determine whether or not the subject good is originating; and,(e)the State parties shall ensure that the retroactive check process, including the process of notifying the Issuing Authorities of the exporting State party by the customs authority of the importing State party of the results of determination on whether the subject good is originating or not, should be completed within six months:Provided that, while the process of retroactive check is being undertaken, clause (c) shall be applied with respect to the release of the subject goods.11. Verification of input materials. - (1) Where the customs authority of a State party, while conducting verification of origin of a good imported into its territory under sub-paragraph (11), conducts verification of the origin of a material that is used in the production of the good, the verification of the material may be conducted in accordance with the procedures set out in sub-paragraph (3) of paragraph 10.
12. Denial of Preferential Tariff Treatment. - Except as otherwise provided for in these rules, the importing State party may deny claim for preferential tariff treatment or recover unpaid duties in accordance with its laws and regulations, when,-
13. Penalties. - (1) Each State party shall maintain measures imposing criminal, civil or administrative sanctions for violations of its laws and regulations relating to the rules.
1. The following bodies and their successors are authorised to issue a Certificate of Origin for the purposes of these rules, namely:-
2. When the authorised body repeatedly or intentionally violates the requirements of these rules by wrongly issuing the Certificate of Origin, the exporting State party shall revoke the authorisation of such body to issue the Certificate of Origin under the agreement:
Provided that, for the purpose of deciding the revocation of such authorisation, the exporting State party shall also consider views of the customs authority of the importing State party.3. The exporting State party shall promptly inform the importing State party of any such revocation, replacement or addition of a body that is authorised to issue the Certificate of Origin under these rules.
Annexure-V(See rule 15)Format for Certificate of OriginIndia-Korea Comprehensive Economic Partnership AgreementOriginal (Duplicate/Triplicate/Quadruplicate)| 1. Exporter (name, address, country, e-mail address, telephonenumber, fax number) | Reference No.INDIA-KOREA COMPREHENSIVE ECONOMICPARTNERSHIP AGREEMENTPREFERENTIAL CERTIFICATE OFORIGIN(Combined Declaration and Certificate) | |||
| 2. Producer (name, address, country) (optional) | Issued in ____(Country) ____ | |||
| 3. Importer (name, address, country) (optional) | 5. For Official Use | |||
| 4. Means of transport and route (optional)Departuredate:Vessel's name/Aircraft etc.Port of Discharge: | 6. Remarks | |||
| 7. HS Code (6 digit) | 8. Description of goods including quantity | 9. Gross weight and value(FOB) | 10. Origin criterion | 11. Number and date of Invoices |
| 12. Declaration by the exporterThe undersigned hereby declaresthat the above details and statement are correct; that a11 goodswere produced in.................... (Country)and that they comply with theorigin requirement specified for these goods in the INDIA·KOREAComprehensive Economic Partnership Agreement for the goodsexported to..... .... (Importing Country)...................Place and date,signature of authorised Signatory | 13. CertificationIt is herebycertified, on the basis of control carried out. that thedeclaration by the exporter is correct...............Place and date signature andstamp of issuing authority | |||
| 14.Third country invoicing (name, address, country) |
1. The State parties which accept this form for the purpose of preferential tariff treatment under the India-Korea - Comprehensive Economic Partnership Agreement (Inkcepa) are Republic of India and Republic of Korea.
2. Conditions: To enjoy preferential tariff treatment under the Inkcepa, goods sent to a State party listed above:
3. Origin Criterion: For goods that meet the origin criteria the exporter must indicate in the box 10 of this Certificate of Origin the Origin criteria met in the manner shown in the following table:
| ORIGIN CRITERION | INSERT IN BOX 10 |
| (a) Goods wholly obtained orproduced in the territory of the exporting State party | "WO" |
| (b) Goods satisfying Article3.4.1(b) of Chapter Three (Rules of Origin) of the INKCEPA | "CTSH+RVC 35% |
| (c) Goods satisfying the ProductSpecific Rules- Change inTariff Classification- RegionalValue Content- Charge inTariff Classification or Regional Value Content- Change inTariff Classification + Regional Value Content- SpecificProcesses-Others | "CC/CTH/CTSH"-RVCX%" that needs to be met for the good to qualify asoriginating; e.g. "RVCX%""CC/CTH/CTSH" or "RVCX %"CC/CTH/CTSH+RVCX%"SP""Others" |
| (d) Goods satisfying rule 15 of theRules of Origin | "OP" |