Union of India - Act
The Customs Tariff (Determination of Origin of Products under the Duty Free Tariff Preference Scheme for Least Developed Countries) Rules, 2015
UNION OF INDIA
India
India
The Customs Tariff (Determination of Origin of Products under the Duty Free Tariff Preference Scheme for Least Developed Countries) Rules, 2015
Rule THE-CUSTOMS-TARIFF-DETERMINATION-OF-ORIGIN-OF-PRODUCTS-UNDER-THE-DUTY-FREE-TARIFF-PREFERENCE-SCHEME-FOR-LEAST-DEVELOPED-COUNTRIES-RULES-2015 of 2015
- Published on 10 March 2015
- Commenced on 10 March 2015
- [This is the version of this document from 10 March 2015.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-3. Originating products.
4. Products wholly obtained or produced.
- For the purposes of clause (a) of sub-rule (1) of rule 3, the following products shall be considered as being wholly obtained or produced in the territory of an exporting beneficiary country, namely:-5. Products not wholly obtained or produced.
| (a) Local value added content (X %) =| (FOB value)-(value of non-originating materials)(FOB value)| x 100% ≥ 30%; |
| (b) Local value added content (X %) =| (ex-works value)-(value of non-originating materials)(ex-works value)| x 100% ≥ 30%; |
6. Non-qualifying operations.
7. Accumulation.
- Where the originating material from India is incorporated in the production of a product in the territory of the exporting beneficiary country, such material shall be considered to originate in the territory of the exporting beneficiary country.8. Packing materials and containers for retail sale.
- For the purposes of these rules, any packaging materials and containers in which a product is packaged for retail sale, if classified with the product, shall not be taken into account in determining whether all the non-originating materials used in the production of the product undergo the applicable change in tariff classification, and, if the product is subject to a local value added 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 local value added content of the product.9. Packing materials and containers for shipment.
- For the purposes of these rules, any packing materials and containers in which a product is packed for shipment shall not be taken into account in determining whether,-10. Direct Consignment.
11. Competent authorities.
- Each beneficiary country shall notify the name, designation, address, telephone number, fax number, and email of its issuing authority to the authority in the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India, specified in Annexure A to these rules.12. Specimen signatures and seals.
- Each beneficiary country shall provide through post and electronic mail, names and addresses of the officials authorised to sign the certificate of origin and also provide the original sets of their specimen signatures and specimen of official seals to the authority in the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India specified in Annexure A to these rules.13. Application for issue of certificate of origin.
- Any exporter or producer seeking grant of a certificate of origin under these rules shall apply to the issuing authority of the exporting beneficiary country as per format in Annexure B to these rules.14. Verification of application.
15. Issuance of certificate of origin.
16. Validity.
17. Presentation.
18. Discrepancies in certificate of origin.
- Minor discrepancies between the certificate of origin and the documents submitted to the customs authority at the port of importation for the purpose of carrying out the formalities for importing the products shall not ipso facto invalidate the certificate of origin:Provided that, such certificate of origin corresponds to the products under importation.19. Special cases.
- When destination of all or part of the products exported to a specified port in India is changed, before or after their arrival in India, -20. Verification.
- Whenever there is a reasonable doubt as to the authenticity of the certificate of origin or as to the accuracy of the information regarding the true origin of the product covered under the certificate of origin or of certain part thereof, or at random, the Central Board of Excise and Customs may request the issuing authority of the beneficiary country for a retroactive check in accordance with the following procedure, namely:-21. Denial of preferential tariff treatment.
22. Record keeping requirements.
- The application for certificate of origin and all documents related to such application shall be retained by the issuing authority for not less than five years from the date of issuance of the said certificate.23. Action against fraudulent acts.
- When it is suspected that fraudulent acts in connection with the certificate of origin have been committed, the concerned issuing authority shall cooperate with the Indian authorities in respect of taking of penal action against the persons involved, in accordance with the law for the time being in force in India.24. Suspension of preferential treatment.
1. Name and Address of the Exporter/Manufacturer:
2. Registration Number:
3. Country of origin:
All cost and price figures are to be shown in US dollars ($)4. Export Product-wise general information:
| S.No. | Description of the product | Model/ Brand | HS code | FOB/ ex-works value |
5. Product-wise material cost information (to be furnished for each product listed in Para 4 above):
| A | B | C | D | E | F | G | H |
| Sl. No. | Description of component, materials, inputs, partsor produce | Quantity and Unit | Unit Value | Total Value | HS Code (at six digit level) | Supplier's name and address | Country of Origin of the component, materials,inputs, parts or produce |
6. Calculation
| 1. Product consigned from (Exporters' | Reference No. | ||||
| Business Name, Address, Country) | Duty Free Tariff Preference Scheme by India for LeastDeveloped Countries | ||||
| (Combined declaration and certificate) | |||||
| Issued in ......................................... | |||||
| (Country) (See notes overleaf) | |||||
| 2. Product consigned to | 4. For Official use | ||||
| (Consignee's Name, Address, Country) | |||||
| 3. Means of transport and route (as far as known) | |||||
| 5. HS Code | 6. Marks and numbers of packages | 7. Number and kind of packages; description of products | 8. Origin criterion (see Notes overleaf) | 9. Gross weight or other quantity | 10. Number and date of invoice |
| 11. Declaration by the Exporter | 12. Certificate: | ||||
| The undersigned hereby declares that the above details andstatements are correct; that all the products were produced in | It is hereby certified, on the basis of control carried out,that the declaration by the exporter is correct | ||||
| .............................................. | |||||
| (Country) | |||||
| and that they comply with the origin requirements specifiedfor those products in Duty Free Tariff Preference Scheme byIndia for Least Developed Countries | .................................................... Placeand date | ||||
| .............................................. | |||||
| (Importing Country) | |||||
| .............................................. | Signature, name and stamp | ||||
| Place and date, name and signature of the authorisedsignatory | of certifying authority |