Non-qualifying operations - Rules of origin and procedural requirements

II. Explanatory notes on the preferential tariff scheme of India for the least developed countries

4. Rules of origin and procedural requirements

4.3. Non-qualifying operations

Non-qualifying operations, which cannot be included in the calculation of local value added content, are as follows:

(a) Operations to ensure the preservation of products in good condition during transport and storage, such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts and like operations

(b) Simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching, including the making up of sets of articles, washing, painting and cutting

(d) Simple cutting, slicing and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards and all other simple packing operations

(e) Affixing of marks, labels or other like distinguishing signs on products or on their packaging (f) 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 originating products

(g) Simple assembly of parts of products to constitute a complete product or disassembly of products into parts or packing thereof

(h) Slaughter of animals

(i) Mere dilution or mixing of products with water or another substance that does not materially alter the characteristics of the products so obtained

(j) A combination of two or more operations referred to in clauses (a) to (i) 4.4. Treatment of packing materials

Packing materials and containers are treated as follows:

ENDONOTES 9

(a) Packing materials and containers for retail sale: any packaging materials and containers in which a product is packaged for retail sale, if classified with the product, are not 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 are taken into account as originating or non-originating materials, as the case may be, in calculating the local value added content of the product

(b) Packing materials and containers for shipment: any packing materials and containers in which a product is packed for shipment are not taken into account in determining whether the non-originating materials used in the production of the product have undergone an applicable change in tariff classification; and the product satisfies a local value added content requirement

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

(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.

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.

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.

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

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

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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)

444 8528 72 Colour reception apparatus for television whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus

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)

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} ⁵⁰

41

^18010000 ^{All goods} ²⁹

42 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)

114 852872 Colour reception apparatus for television whether or not incorporating radio broadcast receivers or sound or video recording or reproducing apparatus

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

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