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[Cites 0, Cited by 0] [Section 5] [Entire Act]

Union of India - Subsection

Section 5(1) in 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

(1)For the purpose of clause (b) of sub-rule (1) of rule 3, goods shall be considered as originating,-
(a)when such goods satisfy the criteria under the Product Specific Rules provided in the Annexure-I to the rules;
(b)when, except for goods covered under clause (a),-
(i)the regional value content of the goods is not less than thirty five percent of the FOB value of the goods ascertained as under,-
Regional Value Content =| FOB value - Value of non-originating materials as per sub-rule (2)FOB value| x 100
and,
(ii)the goods have undergone a change in tariff classification in a sub-heading at the six digit level of the Harmonised System from the tariff classification in which all the non-originating materials used in their manufacture are classified:
Provided that the final process of manufacturing is performed within the territory of the export State party:Provided further, that any good that does not undergo a change in tariff classification pursuant to this sub-rule and the Annexure-I to the rules in the final process of production shall be considered as originating if,-
(a)for goods except for those falling within Chapter 1 to Chapter 14 and Chapter 50 to Chapter 63 of the Harmonised System, the value of all non-originating materials used in its production, which do not undergo the required change in tariff classification, does not exceed ten per cent of the FOB value of the good;
(b)for goods falling within Chapter 50 to Chapter 63 of the Harmonised System, the total weight of non-originating basic textile materials used in its production, which do not undergo the required change in tariff classification does not exceed seven per cent of the total weight of all the basic textile materials used;
(c)the good meets all other applicable criteria set forth in these rules for qualifying as an originating good; and,
(d)the value of such non-materials shall be included in the value of non-originating materials for any applicable regional Value content requirement for the good.