II. Explanatory notes on the preferential tariff scheme of India for the least developed countries
4. Rules of origin and procedural requirements
4.5. Direct consignment requirement
For a product to claim the Duty Free Tariff Preference Scheme benefit, it must be considered directly consigned from an exporting beneficiary country, and either of the following conditions must be met:
(a) The product is transported without passing through the territory of any other country
(b) The transport of the product involves transit through one or more intermediate countries with or without trans-shipment or temporary storage in such countries, where:
(i) its transit entry is justified for geographical reasons or by considerations related exclusively to transport requirements
(ii) the product has not entered into trade or consumption there
(iii) the product has not undergone any operation other than unloading and reloading or any operation required to keep it in good condition
(iv) the product has remained under customs control in the country of transit
As proof of a direct consignment, the following must be produced to the customs authority of India at the time of importation:
(a) A through bill of lading issued in the exporting country
(b) A certificate of origin issued by the issuing authority of the exporting beneficiary country (c) A copy of the original commercial invoice in respect of the product
(d) Supporting documents in evidence that other requirements of this rule have been complied with 4.6. Issuance of a certificate of origin
Products eligible for preferential treatment must be supported by a certificate of origin issued by an issuing authority in the format shown in annex C of the notification contained in annex 3. Certificates of origin must be printed on A4-sized paper as defined by the International Organization for Standardization, and each certificate of origin issued by an issuing authority must bear a unique serial number. Certificates of origin must be in English.
4.7. Claim at the time of importation
The importer of a product must, at the time of importation, make a claim that the product is the produce or manufacture of the beneficiary country from which it has been imported and that the product is eligible for tariff preference, and must produce the evidence specified in the related rules.
4.8. Record-keeping
An application for a certificate of origin and all documents related to such an application must be retained by the issuing authority for not less than five years from the date of issuance of such a certificate.
10HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
ENDNOTES
1 India, Ministry of Finance, 2008; World Trade Organization, 2011.
2 World Trade Organization, 2011.
3 India, Ministry of Finance, 2014.
4 India, Ministry of Finance, 2015; World Trade Organization, 2015.
5 India, Ministry of Commerce and Industry, 2016.
6 Ibid.
7 Ibid.
8 See World Trade Organization, 2015, and Chapter 1 of this handbook.
Annexes
Notification No. 96/2008-Customs
Annex 1
14HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
New Delhi dated the 13th August, 2008 Notification No. 96/2008-Customs
G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts,-
(i) goods falling under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), other than those specified in the Appendix I and Appendix II appended hereto, from so much of the duty of customs as is in excess of 80 per cent. of the applied rate of duty;
(ii) all goods of the description as specified in column (3) of the Table in Appendix I and falling under the Chapter, Heading No. or Sub-heading No. of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) specified in the corresponding entry in column (2) of the said Table, from so much of that portion of the applied rate of duty of customs leviable as is specified in the corresponding entry in column (4) of the said Table;
when imported into India from a country listed in the Schedule to this notification:
Provided that the importer proves to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, that the goods in respect of which the exemption under this notification is claimed are of the origin of the country listed in the Schedule to this notification, in accordance with provisions of the Rules of Origin, published in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.100/2008-Customs (N.T.), dated 13th August, 2008.
Explanantion.- For the purposes of this notification, "applied rate of duty" means the standard rate of duty specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) with respect to the goods specified in the said Table, read with any other notification for the time being in force, issued in respect of such goods under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962).
Annex 1. Notification No. 96/2008-Customs 15
APPENDIX I
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
16HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
Annex 1. Notification No. 96/2008-Customs 17
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
18HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
151 3920 10 Other plates, sheets, film, foil and strip, of polymers of ethyl-ene; non-cellular and not reinforced, laminated, supported or similarly combined with other materials.
10
152 3920 20 Other plates, sheets, film, foil and strip, of polymers of propylene;, non-cellular and not reinforced, laminated, sup-ported or similarly combined with other materials.
10
153 3920 30 Other plates, sheets, film, foil and strip, of polymers of sty-rene, non-cellular and not reinforced, laminated, supported or similarly combined with other materials.
10
Annex 1. Notification No. 96/2008-Customs 19
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty) 154 3920 43 00 Other plates, sheets, film, foil and strip, of polymers of vinyl
chloride, non-cellular and not reinforced, laminated, support-ed or similarly combinsupport-ed with other materials, containing by weight not less than 6 of plasticizers
10
155 3920 49 00 Other plates, sheets, film, foil and strip, of other polymers of vinyl chloride, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
156 3920 51 Other plates, sheets, film, foil and strip, of polymethyl methacrylate, non-cellular and not reinforced, laminated, supported or similarly combined with other materials.
10
157 3920 59 Other plates, sheets, film, foil and strip, of other acrylic poly-mers, non-cellular and not reinforced, laminated, supported or similarly combined with other materials.
10
158 3920 61 Other plates, sheets, film, foil and strip, of polycarbonates, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
159 3920 62 Other plates, sheets, film, foil and strip,of polyethylene terephthalate, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
160 3920 63 Other plates, sheets, film, foil and strip, of unsaturated poly-esters, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
161 3920 69 Other plates, sheets, film, foil and strip, of other polyesters, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
2
162 3920 71 Other plates, sheets, film, foil and strip, of regenerated cellu-lose, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
2
163 3920 73 Other plates, sheets, film, foil and strip, of cellulose acetate, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
164 3920 79 Other plates, sheets, film, foil and strip, of other cellulosic derivates, non-cellular and not reinforced, laminated, sup-ported or similarly combined with other materials
10
165 3920 91 Other plates, sheets, film, foil and strip, of polyvinyl butyral, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
166 3920 92 Other plates, sheets, film, foil and strip, of polyamides, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
167 3920 93 Other plates, sheets, film, foil and strip, of amino-resins, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
168 3920 94 Other plates, sheets, film, foil and strip, of phenolic resins, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
10
169 3920 99 Other plates, sheets, film, foil and strip, of other plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials
2
20HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty) 170 3921 11 00 Other plates, sheets, film foil and strip, ,of polymers of
styrene, cellular
10 171 3921 12 00 Other plates, sheets, film foil and strip, of polymers of vinyl
chloride , cellular
10 172 3921 13 Other plates, sheets, film foil and strip, of polyurethanes,
cellular
10 173 3921 14 00 Other plates, sheets, film foil and strip, of regenerated
cellulose, cellular
10 174 3921 19 00 Other plates, sheets, film foil and strip, of other plastics,
cellular
10 175 3921 90 Other plates, sheets, film foil and strip, of plastics, not
cellular
Annex 1. Notification No. 96/2008-Customs 21
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
220 6101 90 Men's or boy's overcoats, car-coats, capes, cloaks, anoraks and similar articles, knitted or crocheted, of other textile materials other than of wool or fine animal hair
10
22HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
Annex 1. Notification No. 96/2008-Customs 23
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
24HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
Annex 1. Notification No. 96/2008-Customs 25
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
400 6402 20 Other footwears with upper straps or thongs assembled to the sole by means of plugs.
12
401 6402 91 All goods 10
402 6402 99 Other footwear, incorporating a protective metal toe-cap. 10 403 6403 12 00 Ski-boots, cross country ski footwear and snowboard boots. 10 404 6403 19 Other sports footwear with outer soles of leather, rubber or
others
10 405 6403 40 00 Other footwear, incorporating a protective metal toe-cap. 10
26HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty) 406 6403 91 Footwear made on a base or platform of wood, not having an
inner sole or a protective metal toe-cap, covering the ankle
12 407 6403 99 Footwear made on a base or platform of wood, not having
an inner sole or a protective metal toe-cap, not covering the ankle
Annex 1. Notification No. 96/2008-Customs 27
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty) 443 8528 71 00 Colour reception apparatus for television whether or not
incorporating radio broadcast receivers or sound or video recording or reproducing apparatus (satellite receivers)
10
444 8528 72 Colour reception apparatus for television whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus
10
445 8536 20 All goods 10
446 8536 30 00 All goods 10
447 8537 10 00 All goods 10
448 8537 20 00 All goods 10
449 8539 29 All goods 12
450 8539 31 All goods 12
451 8544 11 All goods 12
452 8544 19 All goods 12
453 8544 20 All goods 10
454 8544 49 Other electric conductors of a voltage not exceeding 80 volts (not fitted with connectors)
12
455 9028 30 All goods 10
456 9030 33 All goods 10
457 9404 21 All goods 10
458 9603 10 00 All goods 10
28HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
12 0405 20 00 Dairy spreads with milk content of atleast 75% but less than 80 % by weight
13 0405 90 Butter Oil
37 0709 90 All goods other than Globe Artichokes
38 0710 10 00 All goods
39 0710 21 00 All goods
40 0710 22 00 All goods
Annex 1. Notification No. 96/2008-Customs 29
61 0802 90 All goods other than arecanuts
62 0803 00 00 All goods
30HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
Annex 1. Notification No. 96/2008-Customs 31
32HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
Annex 1. Notification No. 96/2008-Customs 33
245 4809 90 00 Carbon or similar copying paper
34HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
246 4811 10 00 All goods other than floor coverings on a base of paper or of paperboard, whether or not cut to size
Annex 1. Notification No. 96/2008-Customs 35
36HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code
1 Kingdom of Cambodia
2 The United Republic of Tanzania
[F. No 354/189/2007-TRU (Vol II)]
(S.Bajaj) Under Secretary to the Government of India
SCHEDULE
Notification No. 08/2014-Customs
Annex 2
38HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 08/2014-Customs New Delhi, dated the 1st April, 2014
G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 96/2008-Customs, dated the 13th August, 2008, published in the Gazette of India, Extraordinary, vide number G.S.R. 590 (E), dated the 13th August, 2008,
namely:-In the said notification:
Annex 2. Notification No. 08/2014-Customs 39
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty)
1 06031100 All goods 25
2 06031200 All goods 25
3 06031300 All goods 25
4 06031400 All goods 25
5 06031500 All goods 25
6 06031900 All goods 25
7 06039000 All goods 25
8 07020000 All goods 25
9 07131000 All goods 10
10 08011100 All goods 14
11 08021200 All goods 25
12 08023100 All goods 25
13 08023200 All goods 25
14 08029000 Betel Nuts 60
15 080450 All goods 15
16 08051000 All goods 10
17 08061000 All goods 10
18 080620 All goods 10
19 08131000 All goods 20
20 081340 All goods 10
21 090411 All goods 15
22 09041200 All goods 15
23 090421 All goods 15
24 090422 All goods 15
25 090611 All goods 15
26 091011 All goods 15
27 091012 All goods 15
28 091030 All goods 15
29 09109100 All goods 15
30 091099 All goods 15
31 15071000 All goods 50
32 15111000 All goods 50
33 151190 All goods 50
34 151491 All goods 50
35 151550 All goods 50
36 151590 All goods 50
37 170113 All goods 50
38 170114 All goods 50
(a) in Appendix I, for the Table, the following Table shall be substituted, namely:
“Table
40HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty)
39 17019100 All goods 50
40
170199 All goods 5041
18010000 All goods 2942 20091900 All goods 60
43 20095000 All goods 60
44 320649 All goods 50
45 330119 All goods 50
46 330300 All goods 60
47 330610 All goods 60
48 33074100 All goods 60
49 340119 All goods 50
50 391590 All goods 50
51 39173100 All goods 60
52 39174000 All goods 50
53 391810 All goods 50
54 391890 All goods 50
55 39191000 All goods 50
56 391990 All goods 50
57 392010 All goods 50
58 392020 All goods 50
59 392030 All goods 50
60 392051 All goods 50
61 392059 All goods 50
62 392069 All goods 10
63 392099 All goods 10
64 39211100 All goods 50
65 39211200 All goods 50
66 392113 All goods 50
67 392190 All goods 50
68 392310 All goods 50
69 39232100 All goods 50
70 392329 All goods 50
71 392330 All goods 50
72 392350 All goods 50
73 392390 All goods 50
74 392490 All goods 50
75 392610 All goods 50
76 392620 All goods 50
77 392690 All goods 50
78 40012100 All goods 20
Annex 2. Notification No. 08/2014-Customs 41
S.No HS Code Description
Extent of tariff concession (percentage of applied rate
of duty)
79 40012200 All goods 20
80 400129 All goods 20
81 400700 All goods 50
82 400821 All goods 50
83 401699 All goods 14
84 520100 All goods 50
85 610329 All goods 60
86 61044200 All goods 50
87 61045200 All goods 50
88 61046200 All goods 50
89 610510 All goods 50
90 61082100 All goods 60
91 610990 All goods 50
92 611030 All goods 50
93 611190 All goods 60
94 620339 All goods 60
95 62034200 All goods 60
96 620349 All goods 60
97 62052000 All goods 50
98 62053000 All goods 50
99 620590 All goods 50
100 62082200 All goods 50
101 62105000 All goods 60
102 62113200 All goods 60
103 62121000 All goods 60
104 640110 All goods 60
105 640199 All goods 60
106 64031910 All goods 50
107 64031920 All goods 50
108 640411 All goods 60
109 64052000 All goods 60
110 70132800 All goods 10
111 850110 All goods 10
112 850440 All goods 50
113 85287100 Colour reception apparatus for television whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus (satellite receivers)
50
114 852872 Colour reception apparatus for television whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus
50
42HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
(b) for Appendix II, the following shall be substituted, namely:
“Appendix II
Annex 2. Notification No. 08/2014-Customs 43
44HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
S.No HS Code Description
(1) (2) (3)
84 482190 All goods
85 500300 All goods
86 722220 All goods
87 722240 All goods
88 722850 All goods
89 722860 All goods
90 722870 All goods
91 74031100 All goods
92 74031200 All goods
93 74031300 All goods
94 740400 All goods
95 740710 All goods
96 740811 All goods
97 740819 All goods
Note: The principal notification No. 96/2008-Customs, dated the 13th August, 2008 was published in the Gazette of India, Ex-traordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 590(E), dated the 13th August, 2008 and last amended by notification No.33/2013-Customs, dated the 19th June 2013 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 383(E), dated the 19th June 2013.
[F. No 354/189/2005-TRU (Vol II)]
(Raj Kumar Digvijay) Under Secretary to the Government of India
Notification No. 29/2015-Customs (N.T.)
Annex 3
46HANDBOOK ON INDIA’S DUTY-FREE TARIFF PREFERENCE SCHEME FOR LEAST DEVELOPED COUNTRIES
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
Government of India Ministry of Finance (Department of Revenue) (Central Board of Excise and Customs)
Notification
No. 29/2015 - Customs (N.T.)
New Delhi, 10th March, 2015 G.S.R.………….(E).- In exercise of the powers conferred by sub-section (1) of section 5 of the Customs Tariff Act, 1975 (51 of 1975) and in supersession of the Customs Tariff [Determination of Origin of Products under the Duty Free Tariff Preference Scheme for Least Developed Countries] Rules, 2008, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules,
namely:-1. Short title and commencement.- (1) These rules may be called the Customs Tariff (Determination of Origin of Products under the Duty Free Tariff Preference Scheme for Least Developed Countries) Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise
requires,-(a) “Agreement on Customs Valuation” means the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the World Trade Organisation Agreement.
(b) “beneficiary country” means the country notified in the Schedule to the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 96/2008 – Customs, dated the 13th August, 2008, published vide number G.S.R. 590 (E), dated the 13th August, 2008 as amended from time to time;
(c) “carrier” means any vehicle for transportation by air, sea or land;
(d) “CIF value” means the price actually paid or payable to the exporter for a product including the cost of the product, insurance, and freight necessary to deliver the product to the named port of destination and the valuation thereof shall be in accordance with the provisions of the Customs Act, 1962 (52 of 1962);
(e) “customs authority” means, the authority that is responsible for the administration and application of customs law for the time being in force;
(f) “determination of origin” means a determination as to whether a product qualifies as an originating product in accordance with these rules;
(g) “ex-works value” means the price of the product for delivery at the factory or any other place of manufacture of the product, paid or payable to the manufacturer in the beneficiary country, in whose undertaking the last working or processing is carried out:
Provided that the price shall not include the internal taxes which are paid or payable on the products and the cost involved in loading onto the carrier;
(h) “FOB value” means the price actually paid or payable to the exporter for a product when the product is loaded onto the carrier at the named port of exportation, including the cost of the product and all costs necessary to bring the product onto the carrier and the valuation shall be made in accordance with the Agreement on Customs Valuation;
Annex 3. Notification No. 29/2015-Customs (N.T.) 47
(i) “issuing authority” means a Government Authority that, according to the law of the beneficiary country, is responsible for the issuing of a certificate of origin and in the case of India, the Export Inspection Council established under section 3 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963);
(j) “products” means any merchandise, product, article or material;
(k) “Harmonised System” means the nomenclature of the Harmonised Commodity Description and Coding System defined in the International Convention on the Harmonised Commodity Description and Coding System including all legal notes thereto, as adopted and implemented by the respective countries under their respective tariff laws;
(l) “identical products” means products that are same in all respects, including physical characteristics
(l) “identical products” means products that are same in all respects, including physical characteristics