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Rules of Determination of Origin of Goods under the
Agreement on South Asian Free Trade Area (SAFTA)
Rule 1: Short title and commencement. -
(1) These rules may be called the Rules of
Determination of Origin of Goods under the Agreement on South
Asian Free Trade Area (SAFTA), hereinafter referred to as the
"Agreement", between the Governments of SAARC (South Asian
Association for Regional Cooperation) Member States comprising
the People's Republic of Bangladesh, the Kingdom of Bhutan, the
Republic of India, the Republic of Maldives, the Kingdom of
Nepal, the Islamic Republic of Pakistan and the Democratic
Socialist Republic of Sri Lanka. (2) They shall
come into force on the 1st day of July 2006.
Rule
2: Application These Rules shall apply to
products eligible for preferential treatment under SAFTA.
Rule 3: Determination of Origin
No product shall be deemed to be the produce or manufacture of
any Contracting State unless the conditions specified in these
rules are complied with in relation to such products, to the
satisfaction of the designated Authority.
Rule
4: Originating products Products covered by the
Agreement imported into the territory of a Contracting State from
another Contracting State which are consigned directly within the
meaning of Rule 12 hereof, shall be eligible for preferential
treatment if they conform to the origin requirement under any one
of the following conditions: (a) Products wholly
produced or obtained in the territory of the exporting
Contracting State as defined in Rule 5; or (b)
Products not wholly produced or obtained in the territory of the
exporting Contracting Stat e provided that the said products are
eligible under Rule 6.
Rule 5: Wholly produced or obtained
Within the meaning of Rule 4(a), the following shall be
considered as wholly produced or obtained in the territory of the
exporting Contracting State
(a) raw or mineral products1
extracted from its soil, its water extending upto its Exclusive
Economic Zone (EEZ), or its sea bed extending upto its seabed or
continental shelf;
(b) Agriculture, vegetable and forestry
products harvested there;
(c) animals born and raised there;
(d) products obtained from animals
referred to in clause (c) above;
(e) products obtained by hunting or
fishing conducted there,
(f) products of sea fishing and other
marine products from the high seas by its vessels2,3;
(g) products processed and/or made on board its
factory ships exclusively from products referred to in clause (f)
above 3,4;
(h) raw materials recovered from used
articles collected there;
(i) waste and scrap resulting
from manufacturing operations conducted there;
(j) products taken from the
seabed, ocean floor or subsoil thereof beyond the limits of
national jurisdiction, provided it has the exclusive rights to
exploit that sea bed, ocean floor or subsoil thereof;
(k) goods produced there exclusively from
the products referred to in clauses (a) to (j) above.
1 Includes mineral fuels, lubricants and related
materials as well as mineral or metal ores.
2 "Vessels" shall refer to fishing vessels engaged in
commercial fishing, registered in the country of the Contracting
State and operated by a citizen or citizens of the Contracting
State or partnership, corporation or association, duly registered
in such country, at least 60 per cent of equity of which is owned
by a citizen or citizens and/or Government of such Contracting
State or 75 per cent by citizens and/or Governments of the
Contracting States. However, the products taken from vessels,
engaged in commercial fishing under Bilateral Agreements which
provide for chartering/leasing of such vessels and/or sharing of
catch between Contracting State will also be eligible for
preferential treatment.
3 In respect of vessels or factory ships operated by
Government agencies, the requirements of flying the flag of the
Contracting State do not apply.
4 For the purpose of this Agreement, the term "factory
ship" means any vessel, as defined used for processing and/or
making on board products exclusively from those products referred
to in clause (f) of Rule 6.
Rule 6: Not wholly produced or obtained
Within the meaning of Rule 4 (b), products not wholly
produced or obtained shall be subject to Rule 7 and any of the
conditions prescribed under Rule 8, Rule 9 or Rule 10.
Rule 7: Non-qualifying Operations
The following shall in any event be considered as
insufficient working or processing to confer the status of
originating products, whether or not there is a change of
heading: 1) operations to ensure the preservation
of products in good condition during transport and storage
(ventilation, spreading out, drying, chilling, placing in salt,
Sulphur dioxide or other aqueous solutions, removal of damaged
parts, and like operations). 2) simple operations
consisting of removal of dust, sifting or screening, sorting,
classifying, matching (including the making-up of sets of
articles), washing, painting, cutting up; 3) (i)
changes of packing and breaking up and assembly of consignments,
(ii) simple slicing, cutting and repacking or placing in
bottles, flasks, bags, boxes, fixing on cards or boards, etc.,
and all other simple packing operations. 4) the
affixing of marks, labels or other like distinguishing signs on
products of their packaging; 5) simple mixing of
products, whether or not of different kinds, where one or more
components of the mixture do not meet the conditions laid down in
these rules to enable them to be considered as originating
products; and mere dilution with water or another substance that
does not materially alter the characteristics of the product;
6) simple assembly of parts of products to constitute a
complete product; 7) a combination of two or more
operations specified in (1) to (6);
Rule
8: Single Contracting State Content (a) Products
originating in the exporting Contracting State shall be
considered to be sufficiently worked or processed for the
purposes of granting originating status if they fulfill the
following conditions: (i) The final product is
classified in a heading at the four digit level of the Harmonized
Commodity Description and Coding System differently from those in
which all the non-originating materials5 used in its manufacture
are classified and (ii) Products worked on or
processed as a result of which the total value of the materials,
parts or produce originating from other countries 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 the exporting
Contracting State. (b) Notwithstanding the
condition laid down in paragraph (a) of this Rule, the products
listed in Annex-A shall be eligible for preferential treatment if
they comply with Rule 8 (a) or they fulfill the condition
corresponding to those products as mentioned in the Annex-A.
Rule 9: Regional Cumulation
Unless otherwise provided for, products worked on or processed in
a Contracting State using the inputs originating in any
Contracting States within the meaning of Rule 4 shall be eligible
for preferential treatment provided that (a) the
aggregate content (value of such inputs plus domestic value
addition in further manufacture) is not less than 50 percent of
the FOB value; (b) the domestic value content
(value of inputs originating in the exporting Contracting State
plus domestic value addition in further manufacture in the
exporting Contracting State), is not less than 20 percent of the
FOB value; and (c) the final product satisfies the
condition of i) change in classification at the
four digit level (CTH) as provided under Rule 8 (a) (i); or
5 Non-originating material means material originating
from countries other than Contracting States and material of
undetermined origin. (ii) change in classification
at the six-digit level (CTSH) as agreed upon in the Product
Specific Rules reflected in Rule 8 (b).
Rule
10: Special Treatment to Least Developed Contracting States
The products originating in the Least Developed
Contracting States shall be allowed a favourable 10 percentage
points applied to the percentage applied in Rule 8. The products
originating in Sri Lanka shall be allowed a favourable 5
percentage points applied to the percentage applied in Rule 8.
Rule 11: Method for Valuation of
non-originating materials (a) The value of the
non-originating materials, parts or produce shall be:
(i) The CIF value at the time of importation of the materials,
parts or produce where this can be proven or (ii)
The earliest ascertainable price paid for the materials, parts or
produce of undetermined origin in the territory of the
Contracting States where the working or processing takes place.
(b) In order to determine whether or not a product
originated in the territory of a Contracting State it shall not
be necessary to establish whether the power and fuel, plant and
equipment, and machines and tools used to obtain such products,
originate in third countries.
Rule
12: Direct consignmentThe following shall be
considered as directly consigned from the exporting Contracting
State to the importing Contracting State: (a) if
the products are transported without passing through the
territory of any non-Contracting State: (b) the
products whose transport involves transit through one or more
intermediate non-Contracting States with or without transshipment
or temporary storage in such countries, provided that:
(i) the transit entry is justified for geographical reason or by
considerations related exclusively to transport requirements;
(ii) the products have not entered into trade or
consumption there; (iii) the products have not
undergone any operation there other than unloading and reloading
or any operation required to keep them in good condition;
(iv) the products have remained under the customs control
in the country of transit.
Rule
13: Treatment of packing When determining the
origin of products, packing should be considered as forming a
whole with the product it contains. However, packing may be
treated separately if the national legislation so requires.
Rule 14: Procedures for Issuance and
Verification of Certificate of origin Detailed
Operational Certification Procedures for implementation of these
Rules of Origin are at Annex-B.
Rule
15: Prohibitions Any Contracting State may
prohibit importation of products containing any inputs
originating from States with which it does not have economic and
commercial relations. Rule 16:
Consultation and Co-operation between Contracting States
(a) The Contracting States will do their best to co-operate in
order to specify origin of inputs in the Certificate of origin.
(b) The Contracting States will take measures necessary
to address, to investigate and, where appropriate, to take legal
and/or administrative action to prevent circumvention to these
Rules through false declaration concerning country of origin or
falsification of original documents. (c) The
Contracting States will co-operate fully, consistent with their
domestic laws and procedures, in instances of circumvention or
alleged circumvention of these Rules to address problems arising
from circumvention including facilitation of joint plant visits,
inspection and contacts by representatives of Contracting States
upon request and on a case-by-case basis. (d) If
any Contracting State believes that the rules of origin are being
circumvented, it may request consultation to address the matter
or matters concerned with a view to seeking a mutually
satisfactory solution. Each State will hold such consultations
promptly.Rule 17: Review
These rules may be reviewed as and when necessary upon
request of any Contracting State and may be open to such
modifications as may be agreed upon by the SAFTA Ministerial
Council. F.No.467/30/2003-Cus.V/ICD
Annex -A
PRODUCT SPECIFIC RULES UNDER SAFTA RULES OF ORIGIN
Explanatory Notes: 1. For the purposes of Rule 8
(b) of the SAFTA Rules of Origin, the products listed under
column (3) and corresponding to heading mentioned under column
(2) would be subject to Rule specified under column (4) in the
following Table. 2. The term "CTH" in column (4)
below shall mean that the final product is classified in a
heading at the four-digit level of the Harmonised Commodity
Description and Coding System differently from those in which all
the non-originating materials used in its manufacture are
classified. 3. The term "CTSH" in column (4) below
shall mean that the final product is classified in a heading at
the six-digit level of the Harmonised Commodity Description and
Coding System differently from those in which all the
non-originating materials used in its manufacture are classified.
4. The DVA mentioned in percentage in column (4) below
shall mean the minimum value addition in the Exporting
Contracting State, calculated as per the following formula:
DVA = FOB value of the export product - value of non-originating
materials
_______________________________________________________
FOB value of the export product
S.No. |
HS Heading /Chapter |
Harmonised Description |
Product Specific Rules |
(1) |
(2) |
(3) |
(4) |
1. |
060499 |
Other |
CTSH & 30% DVA |
2. |
080132 |
Shelled Cashew nuts |
CTSH & 60% DVA |
3. |
081350 |
Mixtures of dried fruits of this Chapter |
CTSH & 60% DVA |
4. |
150790 |
-Other |
CTSH & 30% DVA |
5. |
150890 |
-Other |
CTSH & 30% DVA |
6. |
150990 |
-Other |
CTSH & 30% DVA |
7. |
151190 |
-Other |
CTSH & 30% DVA |
8. |
151219 |
--Other |
CTSH & 30% DVA |
9. |
151229 |
--Other |
CTSH & 30% DVA |
10. |
151319 |
--Other |
CTSH & 30% DVA |
11. |
151329 |
--Other |
CTSH & 30% DVA |
12. |
160249 |
Other, including mixtures |
CTSH & 30% DVA |
13. |
210112 |
Preparations with a basis of extracts, essences,
concentrates or with a basis of coffee |
CTSH & 30% DVA |
14. |
210120 |
Extracts, essences and concentrates, of tea or ate, and
preparations with a basis of these extracts, essences or
concentrates or with a basis of tea or mate |
CTSH & 30% DVA |
15. |
210390 |
Other |
CTSH & 30% DVA |
16. |
252321 |
White cement, whether or not artificially coloured |
CTSH & 30% DVA |
17. |
252329 |
Other: |
CTSH & 30% DVA |
18. |
252330 |
Aluminous cement : |
CTSH & 30% DVA |
19. |
283523 |
Of trisodium |
CTSH & 30% DVA |
20. |
441029 |
--Other |
CTSH & 30% DVA |
21. |
441032 |
--Surface-covered with melamine-impregnated paper |
CTSH & 30% DVA |
22. |
441033 |
--Surface-covered with decorative laminates of plastics |
CTSH & 30% DVA |
23. |
441039 |
--Other |
CTSH & 30% DVA |
24. |
441119 |
Other |
CTSH & 30% DVA |
25. |
441129 |
Other of fire board of a density exceeduing 0.5g/cm3 |
CTSH & 30% DVA |
26. |
450190 |
Other |
CTSH & 30% DVA |
27. |
481820 |
Handkerchiefs, cleansing or facial tissues |
Only CTH |
28. |
481840 |
Sanitary towels |
Only CTH |
29. |
701990 |
Other |
CTSH & 30% DVA |
30. |
720221 |
Ferro-silicon containing by weight more than 55 % of
silicon |
CTSH & 30% DVA |
31. |
830110 |
Padlocks |
CTSH & 30% DVA |
32. |
841011 |
--Of a power not exceeding 1,000 kW |
CTSH & 30% DVA |
33. |
841311 |
Pumps for dispensing fuel or lubricants, of the type
used in filling-stations or in garages |
CTSH & 30% DVA |
34. |
841319 |
Other pumps fitted or designed to be fitted with a
measuring device |
CTSH & 30% DVA |
35. |
841320 |
Hand pumps, other than those of subheading 8413.11 or
8413.19 |
CTSH & 30% DVA |
36. |
841330 |
Fuel, lubricating or cooling medium pumps for internal
combustion piston engines |
CTSH & 30% DVA |
37. |
841340 |
Concrete pumps |
CTSH & 30% DVA |
38. |
841350 |
Other reciprocating positive displacement pumps |
CTSH & 30% DVA |
39. |
841360 |
Other rotary positive displacement pumps |
CTSH & 30% DVA |
40. |
841370 |
Other centrifugal pumps |
CTSH & 30% DVA |
41. |
841381 |
Pumps |
CTSH & 30% DVA |
42. |
841382 |
Liquid elevators |
CTSH & 30% DVA |
43. |
841410 |
Vacuum pumps |
CTSH & 30% DVA |
44. |
841420 |
Hand or foot-operated air pumps: |
CTSH & 30% DVA |
45. |
841430 |
Compressors of a kind used in refrigerating equipment |
CTSH & 30% DVA |
46. |
841440 |
Air compressors mounted on a wheeled chassis for
towing: |
CTSH & 30% DVA |
47. |
841451 |
-- Table, floor, wall, window, ceiling or roof fans,
with a self-contained electric motor of an output not exceeding
125W |
CTSH & 30% DVA |
48. |
841459 |
Other: |
CTSH & 30% DVA |
49. |
841460 |
Hoods having a maximum horizontal side not exceeding
120 cm |
CTSH & 30% DVA |
50. |
841480 |
Other |
CTSH & 30% DVA |
51. |
841510 |
-Window or wall types, self contained or
"Split-system". |
CTSH & 30% DVA |
52. |
841520 |
Of a kind used for persons, in motor vehicles |
CTSH & 30% DVA |
53. |
841581 |
Incorporating a refrigerating unit and a valve for
reversal of the cooling/heat cycle (reversible heat pumps) |
CTSH & 30% DVA |
54. |
841583 |
Not incorporating a refrigerating unit |
CTSH & 30% DVA |
55. |
841710 |
Furnaces and ovens for the roasting, melting or other
heat-treatment of ores, pyrites or of metals |
CTSH & 30% DVA |
56. |
841810 |
Combined refrigerator-freezers, fitted Refrigerators,
household type: |
CTSH & 30% DVA |
57. |
841821 |
Compression-type |
CTSH & 30% DVA |
58. |
841822 |
Absorption-type, electrical |
CTSH & 30% DVA |
59. |
841829 |
Other |
CTSH & 30% DVA |
60. |
841830 |
Freezers of the chest type, not exceeding 800 l
capacity |
CTSH & 30% DVA |
61. |
841840 |
Freezers of the upright type, not exceeding 900 L
capacity: |
CTSH & 30% DVA |
62. |
841850 |
Other refrigerating or freezing chests, cabinets,
display counters, showcases and similar refrigerating or
freezing furniture |
CTSH & 30% DVA |
63. |
841861 |
Compression type units whose condensers are heat
exchangers |
CTSH & 30% DVA |
64. |
841869 |
Other |
CTSH & 30% DVA |
65. |
841911 |
Instantaneous gas water heaters: |
CTSH & 30% DVA |
66. |
841919 |
Other: |
CTSH & 30% DVA |
67. |
841931 |
For agricultural products |
CTSH & 30% DVA |
68. |
841932 |
For wood, paper pulp, paper or paperboard |
CTSH & 30% DVA |
69. |
841939 |
Other |
CTSH & 30% DVA |
70. |
841940 |
Distilling or rectifying plant: |
CTSH & 30% DVA |
71. |
841950 |
Heat exchange units |
CTSH & 30% DVA |
72. |
841960 |
Machinery for liqufying air or other gases, Other
machinery, plant and equipment: |
CTSH & 30% DVA |
73. |
841981 |
For making hot drinks or for cooking or heating food: |
CTSH & 30% DVA |
74. |
841989 |
Other: |
CTSH & 30% DVA |
75. |
842010 |
Calendering or other rolling machines |
CTSH & 30% DVA |
76. |
842111 |
Cream separators |
CTSH & 30% DVA |
77. |
842121 |
For filtering or purifying water |
CTSH & 30% DVA |
78. |
842122 |
For filtering or purifying beverages other than water |
CTSH & 30% DVA |
79. |
842129 |
Other |
CTSH & 30% DVA |
80. |
842211 |
Of the household type |
CTSH & 30% DVA |
81. |
842219 |
Other |
CTSH & 30% DVA |
82. |
842220 |
Machinery for cleaning or drying bottles or other
containers |
CTSH & 30% DVA |
83. |
842230 |
Machinery for filling, closing, sealing, or labelling
bottles, cans, boxes, bags or other containers; machinery for
capsuling bottles, jars, tubes and similar containers;
machinery for aerating beverages |
CTSH & 30% DVA |
84. |
842240 |
Other packing or wrapping machinery (including
heat-shrink wrapping machinery) |
CTSH & 30% DVA |
85. |
842310 |
Personal weighing machines, including baby scales;
Household scales |
CTSH & 30% DVA |
86. |
842320 |
Scales for continuous weighing of goods on conveyors |
CTSH & 30% DVA |
87. |
842330 |
Constant weight scales and scales for discharging a
predetermined weight of material into a bag or container,
including hopper scales Other weighing machinery: |
CTSH & 30% DVA |
88. |
842381 |
Having a maximum weighing capacity not exceeding 30 kg |
CTSH & 30% DVA |
89. |
842382 |
Having maximum weighing capacity exceeding 30 kg but
not exceeding 5,000 kg. |
CTSH & 30% DVA |
90. |
842389 |
Other |
CTSH & 30% DVA |
91. |
842390 |
Weighing machine weights of all kinds; parts of
weighing machinery |
CTSH & 30% DVA |
92. |
842410 |
Fire extinguishers, whether or not charged |
CTSH & 30% DVA |
93. |
842420 |
Spray guns and similar appliances |
CTSH & 30% DVA |
94. |
842430 |
Steam or sand blasting machines and similar jet
projecting machines |
CTSH & 30% DVA |
95. |
842481 |
Agricultural or horticultural |
CTSH & 30% DVA |
96. |
842489 |
Other |
CTSH & 30% DVA |
97. |
843229 |
--Other |
CTSH & 30% DVA |
98. |
843311 |
--Powered, with the cutting device rotating in a
horizontal plane |
CTSH & 30% DVA |
99. |
843319 |
--Other |
CTSH & 30% DVA |
100. |
843780 |
-Other machinery |
CTSH & 30% DVA |
101. |
843880 |
Other machinery: |
CTSH & 30% DVA |
102. |
844010 |
Machinery |
CTSH & 30% DVA |
103. |
844110 |
Cutting machines |
CTSH & 30% DVA |
104. |
844180 |
Other machinery |
CTSH & 30% DVA |
105. |
844329 |
Other |
CTSH & 30% DVA |
106. |
844340 |
Gravure printing machinery |
CTSH & 30% DVA |
107. |
845210 |
Sewing machines of the household type: |
CTSH & 30% DVA |
108. |
845221 |
Automatic units: |
CTSH & 30% DVA |
109. |
845229 |
Other |
CTSH & 30% DVA |
110. |
847110 |
Analogue or hybrid automatic data processing machines |
CTSH & 30% DVA |
111. |
847130 |
Portable digital automatic data processing machines,
weighing not more than 10 kg, consisting of at least a central
processing unit, a keyboard and a display |
CTSH & 30% DVA |
112. |
84714110 |
Micro computer |
CTSH & 30% DVA |
113. |
847149 |
Other, presented in the form Of systems |
CTSH & 30% DVA |
114. |
847150 |
Digital processing units other than those Of
sub-headings 8471 41 or 8471 49, whether or not containing in
the same housing one or two Of the following types Of unit:
storage units, input units, output units |
CTSH & 30% DVA |
115. |
847780 |
Other machinery |
CTSH & 30% DVA |
116. |
848180 |
Other appliances: Taps and Cocks of Tariff heading
8481.80 |
CTSH & 30% DVA |
117. |
850410 |
-Ballasts for discharge lamps or tubes |
CTSH & 30% DVA |
118. |
850421 |
Having a power handling capacity not exceeding 650 kVA |
CTSH & 30% DVA |
119. |
850422 |
--Having a power handling capacity exceeding 650 kVA
but not exceeding 10,000 kVA |
CTSH & 30% DVA |
120. |
850423 |
--Having a power handling capacity exceeding 10,000 kVA |
CTSH & 30% DVA |
121. |
850431 |
Having a power handling capacity not exceeding 1 kVA |
CTSH & 30% DVA |
122. |
850432 |
--Having a power handling capacity exceeding 1 kVA but
not exceding 16 kVA |
CTSH & 30% DVA |
123. |
850433 |
Having a power handling capacity exceeding 16 kVA but
not exceeding 500 kVA |
CTSH & 30% DVA |
124. |
850434 |
--Having a power handling capacity exceeding 500 kVA |
CTSH & 30% DVA |
125. |
850440 |
Static converters |
CTSH & 30% DVA |
126. |
850450 |
-Other inductors |
CTSH & 30% DVA |
127. |
850610 |
Manganese dioxide |
CTSH & 30% DVA |
128. |
850630 |
Mercuric oxide |
CTSH & 30% DVA |
129. |
850640 |
Silver oxide |
CTSH & 30% DVA |
130. |
850650 |
Lithium |
CTSH & 30% DVA |
131. |
850660 |
Air-zinc |
CTSH & 30% DVA |
132. |
850680 |
Other primary cells and primary batteries |
CTSH & 30% DVA |
133. |
850710 |
Lead-acid, of a kind used for starting piston engines |
CTSH & 30% DVA |
134. |
850720 |
Other lead-acid accumulators |
CTSH & 30% DVA |
135. |
850730 |
Nickel-cadmium |
CTSH & 30% DVA |
136. |
850740 |
Nickel-iron |
CTSH & 30% DVA |
137. |
850780 |
Other accumulators |
CTSH & 30% DVA |
138. |
851010 |
Shavers |
CTSH & 30% DVA |
139. |
851020 |
hair clippers |
CTSH & 30% DVA |
140. |
851030 |
hair removing appliances |
CTSH & 30% DVA |
141. |
851310 |
Lamps |
CTSH & 30% DVA |
142. |
851640 |
Electric smoothing irons |
CTSH & 40% DVA |
143. |
851650 |
Microwave oven |
CTSH & 40% DVA |
144. |
851711 |
-- Line telephone sets with cordless handsets |
CTSH & 40% DVA |
145. |
851721 |
Facsimile machines |
CTSH & 40% DVA |
146. |
851730 |
telephonic aparatus |
CTSH & 40% DVA |
147. |
851750 |
Other apparatus, for carrier current line systems or
for digital line systems |
CTSH & 40% DVA |
148. |
851780 |
other apparatus |
CTSH & 40% DVA |
149. |
853921 |
Tungsten halogen |
CTSH & 40% DVA |
150. |
853922 |
Other, of a power not exceeding 200 W and for a voltage
exceeding 100 V |
CTSH & 40% DVA |
151. |
853929 |
Other |
CTSH & 40% DVA |
152. |
853931 |
Fluorescent, hot cathode |
CTSH & 40% DVA |
153. |
853932 |
Mercury or sodium vapour lamps; metal halide lamps |
CTSH & 40% DVA |
154. |
853939 |
Other of discharged lamps, other than ultra-violet
lamps |
CTSH & 40% DVA |
155. |
854011 |
-- Cathode-day television picture tubes, including
video monitor cathode-ray tubes; colour |
CTSH & 40% DVA |
156. |
854210 |
Cards incorporating an electronic integrated circuits
("smart" cards) |
CTSH & 30% DVA |
157. |
854221 |
Monolithic digital integrated circuits obtained by
bipolar technology |
CTSH & 30% DVA |
158. |
854229 |
Other |
CTSH & 30% DVA |
159. |
854260 |
Hybrid integrated circuits |
CTSH & 30% DVA |
160. |
854270 |
Electronic microassemblies |
CTSH & 30% DVA |
161. |
8903 |
Yachts and other vessels for pleasure |
CTSH & 25% DVA |
162. |
900311 |
Of plastics |
CTSH & 30% DVA |
163. |
900319 |
Of other materials |
CTSH & 30% DVA |
164. |
900911 |
Operating by reproducing the original image directly on
to copy (direct process) |
CTSH & 40% DVA |
165. |
900921 |
other photocopying apparatus |
CTSH & 40% DVA |
166. |
901720 |
Other drawing, markingout or mathematical calculating
instruments |
CTSH & 30% DVA |
167. |
901780 |
Other instruments |
CTSH & 30% DVA |
168. |
901831 |
Syringes, with or without needles |
CTSH & 30% DVA |
169. |
901890 |
Other instruments and appliances |
CTSH & 30% DVA |
170. |
902830 |
Electricity meters: |
CTSH & 30% DVA |
171. |
903210 |
Thermostats |
CTSH & 30% DVA |
172. |
911110 |
Cases of precious metal or of metal clad with precious
metal |
CTSH & 30% DVA |
173. |
911120 |
Cases of base metal, whether or not gold or
silver-plated |
CTSH & 30% DVA |
174. |
940330 |
Wooden furniture of a kind used in offices |
CTSH & 30% DVA |
175. |
940340 |
Wooden furniture of a kind used in the kitchen |
CTSH & 30% DVA |
176. |
940350 |
Wooden furniture of a kind used in the bedroom |
CTSH & 30% DVA |
177. |
940360 |
Other Wooden furniture |
CTSH & 30% DVA |
178. |
940540 |
Other electric lamps and lighting fittings |
CTSH & 30% DVA |
179. |
950210 |
-Dolls, whether or not dressed |
CTSH & 30% DVA |
180.
|
960810
|
-Ball point pens
|
CTSH & 30% DVA
|
Annex-B
OPERATIONAL CERTIFICATION PROCEDURES FOR SOUTH ASIAN FREE
TRADE AREA (SAFTA) RULES OF ORIGIN
For the purposes of implementing the Rules of Origin as
provided for in Rule 14 of SAFTA Rules of Origin, the following
operational certification procedures shall be followed:
AUTHORITY ARTICLE 1 The Certificate
of Origin shall be issued by authority designated by the
Government of the exporting Contracting State (hereinafter
referred to as Issuing Authority) and notified to the other
Contracting States. ARTICLE 2 (a)
Each Contracting State shall inform the other Contracting States
of the names and addresses of the officials authorized to issue
the Certificate of Origin and shall provide their specimen
signatures and official seals. (b) Any change in
their names, addresses, or official seals shall be promptly
notified to the other Contracting States. ARTICLE
3 For the purpose of verifying the conditions for
preferential treatment, the Issuing Authority shall have right to
call for any supporting documentary evidence or to carry out any
check considered appropriate. PRE-EXPORTATION
VERIFICATION ARTICLE 4 The Issuing
Authority, upon a written request by the manufacturer and/or
exporter of the products desirous for availing preferential
treatment, shall conduct pre- exportation verification of the
manufacturing premise(s). The result of the verification, subject
to review periodically or whenever appropriate, shall be accepted
as the supporting evidence in verifying the origin of the said
products to be exported thereafter. Pre -exportation verification
may not apply to the products, origin of which, by their nature,
can be easily verified. REQUEST FOR ISSUANCE OF
CERTIFICATE OF ORIGIN ARTICLE 5 At
the time of carrying out the formalities for exporting the
products under preferential treatment, the exporter or his
authorized representative shall submit the Certificate of Origin
duly filled together with appropriate documents supporting that
the products to be exported qualify for the issuance of a
Certificate of Origin. PRE-EXPORTATION EXAMINATION
ARTICLE 6 The Issuing Authority shall, to
the best of their competence and ability, carry out proper
examination upon each application for the Certificate of Origin
to ensure that: (a) The Certificate of Origin is
duly completed and signed by the authorized signatory;
(b) The origin of the product is in conformity with the Rules of
Origin of this Agreement; (c) The other statements
/entries of the Certificate of Origin correspond to supporting
documentary evidence submitted; (d) HS Code,
f.o.b. value, description, quantity and weight of goods, marks,
number and kinds of packages, as specified, conform to the
consignment to be exported. ISSUANCE OF
CERTIFICATE OF ORIGIN ARTICLE 7 (a)
The validity of the Certificate of Origin shall be 12 months from
the date of its issuance. (b) The Certificate of
Origin must be on ISO A4 size paper in conformity to the specimen
shown in Appendix-1. It shall be in English. (c)
The Certificate of Origin shall comprise one original and one
duplicate in the following colours: Original -
light orange Duplicate - white (d) Each
Certificate of Origin shall bear a reference number given
separately by each office of issuance at different places.
(e) The original shall be forwarded by the exporter to
the importer for submission to the Customs Authority at the port
or place of importation. The duplicate shall be retained by the
Issuing Authority of the exporting Contracting State.
(f) After issuance of the Certificate of Origin, the Issuing
Authority of the exporting Contracting State shall electronically
send the information on issuance of certificate of origin on a
weekly basis as per format provided in Appendix -2 to the Issuing
Authority of respective importing Contracting State.
ARTICLE 8 The Certificate of Origin issued by the
Issuing Authority shall indicate the applicable Rules of Origin
and the value of non-originating material expressed as a
percentage of the f.o.b. value of the products, or the sum of the
aggregate content originating in the territory of the exporting
Contracting State expressed as a percentage of the f.o.b. value
of the exported product; where applicable, in Box 8.
ARTICLE 9 Neither erasures nor superimpositions
shall be allowed on the Certificate of Origin. Any alteration
shall be made by striking out the erroneous entries and making
any addition required. Such alterations shall be approved by an
authorized signatory of the applicant and certified by the
Issuing Authority. Unused spaces shall be crossed out to prevent
any subsequent addition. ARTICLE 10
(a) The Certificate of Origin shall be issued by the relevant
Issuing Authority of the exporting Contracting State at the time
of exportation, or within 3 working days from the date of
shipment whenever the products to be exported can be considered
originating in that Contracting State within the meaning of the
Rules of Origin of this Agreement. (b) In
exceptional cases where a Certificate of Origin has not been
issued at the time of exportation or within 3 working days from
the date of shipment due to involuntary errors or omissions or
other valid causes, the Certificate of Origin may be issued
retrospectively but no longer than 45 days from the date of
shipment, bearing the word "ISSUED RETROSPECTIVELY" in Box 4.
ARTICLE 11 In the event of theft, loss,
damage or destruction of a Certificate of Origin, the exporter
may apply in writing to the Issuing Authority, which issued it,
for the certified true copy of the original to be made on the
basis of the export documents in their possession bearing the
endorsement "CERTIFIED TRUE COPY" (in lieu of the Original
Certificate) in Box 13. This copy shall bear the date of the
original Certificate of Origin. The certified true copy of a
Certificate of Origin shall be issued within the validity period
of the original Certificate of Origin.
PRESENTATION ARTICLE 12 The
Original Certificate of Origin shall be submitted to the Customs
Authority at the time of lodging the import entry for the
products concerned. ARTICLE 13 The
following time limit for the presentation of the Certificate of
Origin shall be observed: (a) Certificate of
Origin shall be submitted to the Customs Authority of the
importing Contracting State within its validity period;
(b) Where the Certificate of Origin is submitted to the Customs
Authority of the importing Contracting State after the expiration
of the validity of the Certificate of Origin, such Certificate is
still to be accepted when failure to observe the time-limit
results from force majeure or other valid causes beyond the
control of the exporter; and (c) In all cases, the
relevant Government authority in the importing Contracting State
may accept such Certificate of Origin provided that the products
have been imported before the expiration of the validity of the
Certificate of Origin. ARTICLE 14
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 Contracting
State for the purpose of carrying out the formalities for
importing the products shall not ipso-facto invalidate the
Certificate of Origin, if it does, in fact, correspond to the
said products. ARTICLE 15 (a) The
importing Contracting State may request to the Issuing Authority
of the exporting Contracting State for a retrospective check at
random and/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 products in question or of
certain parts thereof. (b) The request shall be
accompanied with the Certificate of Origin concerned and shall
specify the reasons and any additional information suggesting
that the particulars given on the said Certificate of Origin may
be inaccurate, unless the retroactive check is requested on a
random basis. (c) The Customs Authority of the
importing Contracting State may suspend the provisions on
preferential treatment while awaiting the result of verification.
However, without prejudice to the national legislations the
competent authority of the importing Contracting State shall not
suspend the customs clearance of the consignment subject to a
guarantee in any of its modalities in order to preserve fiscal
interests, as a pre-condition for completion of customs
clearance. (d) The Issuing Authority receiving a
request for retrospective check shall respond within three (3)
months after the receipt of the request. ARTICLE
16 (a) The application for Certificates of Origin
and all documents related to such application shall be retained
by the Issuing Authority for not less than two (2) years from the
date of issuance. (b) Information relating to the
validity of the Certificate of Origin shall be furnished upon
request of the importing Contracting State. (c)
Any information communicated among the government authorities
shall be treated as confidential and shall be used only for the
validation purposes of Certificates of Origin.
SPECIAL CASES ARTICLE 17 When
destination of all or parts of the products exported to specified
port is changed, before or after their arrival in the importing
Contracting State , the following procedures shall be observed:
(a) If the products have already been submitted to the
Customs Authority in the specified importing port, the
Certificate of Origin shall, by a written application of the
importer, be endorsed to this effect for all or parts of products
by the said authority and the original returned to the importer.
(b) If the changing of destination occurs during
transportation to the importing Contracting State as specified in
the Certificate of Origin, the exporter shall apply in writing,
accompanied with the issued Certificate of Origin, for the
issuance of new Certificate/s of Origin for all or parts of
products. ARTICLE 18 For the
purpose of implementing Rule 12 of SAFTA Rules of Origin where
transportation is effected through the territory of one or more
non-Contracting States, the following shall be produced to the
Government authorities of the importing Contracting State:
(a) A through Bill of Lading/ Airway bill or
corresponding transport document issued in the exporting
Contracting State ; (b) A Certificate of Origin
issued by the Issuing Authority of the exporting Contracting
State; (c) A copy of the original commercial
invoice in respect of the product; and (d)
Supporting documents in evidence that the requirements of Rule 12
of SAFTA Rules of Origin are being complied with.
ARTICLE 19 (a) Products sent from one Contracting
State for exhibition in another Contracting State and sold during
or after the exhibition shall benefit from the preferential
tariff treatment provided in this Agreement, on the condition
that the products meet the requirements of Rule 4 of the SAFTA
Rules of Origin and provided it is shown to the satisfaction of
the relevant Government authorities of the importing Contracting
State that: (i) An exporter has dispatched those
products from the territory of the exporting Contracting State to
the importing Contracting State where the exhibition is held and
has exhibited them there, (ii) The exporter has
sold the goods or transferred them to a consignee in the
importing Contracting State; and (iii) The
products have been sold during the exhibition or immediately
hereafter to the importing Contracting State in the state in
which they were sent for the exhibition. (b) For
the purpose of implementing the above provisions, the Certificate
of Origin must be produced to the relevant Government authorities
of the importing Contracting State. (c) Paragraph
(a) shall apply to exhibitions, fairs or similar shows or
displays where the products remain under Customs control during
these events. ACTION AGAINST FRAUDULENT ACTS
ARTICLE 20 (a) When it is suspected that
fraudulent acts in connection with the Certificate of Origin have
been committed, the Issuing Authorities concerned shall cooperate
in the action to be taken in the territory of each Contracting
State against the persons involved. (b) Each
Contracting State shall be responsible for providing legal
sanctions for fraudulent acts related to the Certificate of
Origin. ARTICLE 21 In the case of a
dispute concerning origin determination, classification of
products or other matters, the Government authorities concerned
in the importing and exporting Contracting States shall consult
each other with a view to resolving the dispute.
Appendix-I
CERTIFICATE OF ORIGIN (SOUTH ASIAN FREE TRADE AREA)
1. Goods consigned from
(exporter's business name, address, country) |
Reference No. SOUTH ASIAN FREE TRADE AREA(SAFTA)
(combined declaration and certificate) Issued in
...............(country) see notes overleaf
|
2. Goods consigned to
(Consignee's name, address, country) |
|
3. Means of Transport and route
(as far as known) |
4. For Official use |
5. HS Code |
6. Marks and numbers of packages |
7. Number and kind of packages: description
of goods |
8. Origin criterion (see notes overleaf) |
9. Gross weight of other quantity |
10. Number and date of invoices |
11. f.o.b. value in US $ |
12. Declaration by the
exporter: The undersigned hereby declares that
the above details and statements are
correct: that all the goods were produced
in.............................. (country)
and that they comply with the origin requirements
specified for those goods in SAFTA for goods exported to
.....................................
(importing country)
...................................... Place and
date, signature of authorized signatory
|
13. Certificate It is hereby
certified on the basis of control carried out, that the
declaration by the exporter is correct
................................... Place and
date, signature and Stamp of Certifying authority
|
I General Conditions To qualify for
preference, products must: a) fall within a
description of products eligible for preference in the schedule
of concessions of SAFTA country of destination; b)
comply with SAFTA Rules of Origin. Each article in a consignment
must qualify separately in its own right; and c)
comply with the consignment conditions specified by the SAFTA
Rules of Origin. In general, products must be consigned directly
within the meaning of Rule 12 hereof from the country of
exportation to the country of destination. II.
Entries to be made in Box 8 Preference products
must be wholly produced or obtained in the exporting Contracting
State in accordance with Rule 5 of the SAFTA Rules of Origin, or
where not wholly produced or obtained in the exporting
Contracting States must be eligible under Rule 6.
a) Products wholly produced or obtained; enter the letter
"A" in Box 8. b) Products not wholly
produced or obtained: the entry in Box 8 should be as follows:
1. Enter letter "B" in Box 8, for products
which meet the origin criteria according to Rule 8. Entry of
letter would be followed by the value of non-originating material
expressed as a percentage of the f.o.b. value of the products;
(example "B" 50 per cent); 2. Enter
letter "C" in Box 8 for products which meet the origin
criteria according to Rule 9. Entry of letter "C" would
be followed by the sum of the aggregate content originating in
the territory of the exporting Contracting State expressed as a
perc entage of the f.o.b. value of the exported product; (example
"C" 60 per cent); 3. Enter letter
"D" in Box 8 for products which meet the special origin
criteria according to Rule 10. Entry of letter would be followed
by the value of non-originating material expressed as a
percentage of the f.o.b. value of the products; (example
"D" 40 per cent); III. Entries to be
made in Box 4 In case of issuance of certificates
retrospectively Box 4 should bear the words "ISSUED
RETROSPECTIVELY". IV. Entries to be made in Box 13
In case of issuance of certified true copies Box 13
should bear the words "CERTIFIED TRUE COPY".
Appendix-II
Format for Exchange of Information on Issuance of SAFTA
Certificate of Origin
S. No. |
Ref No.of CO |
Date of Issue |
HS Code |
Description |
f.o.b. value in US $ |
Remarks,if any |
|
|
|
|
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