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Union of India - Section

Section 6 in Rules of Determination of Origin of Goods under the Preferential Trading Agreement between the Republic of India and the Republic of Chile Rules, 2007

6. Not wholly produced or obtained products.

- For the purpose of Article 3(b), products worked on or processed as a result of which the total value of non-originating materials, or of undetermined origin used does not exceed 60% of the FOB value of the products produced or obtained and the final process of manufacture is performed within the territory of exporting Party shall be eligible for preferential treatment subject to the provisions of Article 7.
(2)To qualify for preferences the non-originating materials shall be considered to be sufficiently worked or processed if the product obtained is classified in a heading, at the four digit level, of the Harmonized System different from those in which all the non-originating materials used in its manufacture are classified.
(3)The customs value of the non-originating materials, parts or produce shall be:
(a)the CIF value at the time of importation of the materials, parts or produce where this can be proven; or
(b)the earliest ascertained price paid for the materials, parts or produce in the territory of the Party where the working or processing of the final goods takes place.
(4)The value of the materials, parts or produce of undetermined origin shall be the earliest ascertained price paid for them in the territory of the Party where the working or processing of the final goods takes place.
(5)The formula for 40% value added is as follows:Customs value of Non-originating Value of Undetermined Origin
Materials, Parts or Produce + Materials, Parts or ProduceFOB value of the final product| x 100%< 60%
(6)[ Notwithstanding the provisions of the sub-rule (1) and sub-rule (2), a product shall be considered as originating if it fulfils the conditions laid down in the Annex to these rules and final process of manufacturer is performed within the territory of the exporting Party.] [Inserted by Notification No. G.S.R. 479 (E), dated 16.5.2017 (w.e.f. 17.8.2007).]