08 Apr Administration Of Rules Of Origin Under Trade Agreements) Rules 2020
CBIC introduced new rules in accordance with Section 156 of Customs Act 28DA, 1962 with regard to rules of origin under trade agreements. These rules can be called customs (management of rules of origin according to trade agreements), 2020 (CAROTAR, 2020). CAROTAR 2020 will come into force on 21 September 2020 to give sufficient time for the transition and to ensure that the conditions are met with them. Guidelines for the implementation of Section 28DA of the Customs Act, 1962 and CAROTAR, 2020 with respect to the rules of origin of trade agreements (FTA/PTA/CECA/CECA/CEPA) and the review of certificates of origin, paragraph 4, of Appendix II of the original agreement, provides for members to submit their preferential rules of origin to the secretariat without delay, including a list of preferential regimes to be applied, judicial decisions and more general administrative decisions concerning their preferential rules of origin. The secretariat distributes lists of information received and available to members. The new provisions apply to the following broad heads: 3. They must present a certificate of origin for each item for which the preferential duty is levied. In Section 28DA, it is up to the importer to have sufficient information on how the country of origin criteria, including regional value and the specific criteria for each product defined in the roo of the trade agreement, are met. CAROTAR, 2020 submitted a form containing a list of the basic minimum information that an importer must receive under dementia when importing goods. Therefore, if there is any doubt as to the origin of the goods, the information must first be used by the importer of the goods before challenging the verification with the partner country. The new regime would strengthen tariffs on attempts to abuse tariff concessions under free trade agreements.
The growing number and importance of the rules of origin led Uruguay Round negotiators to address the issue during the negotiations. The original agreement aims to harmonize non-preferential rules of origin and ensures that these rules do not themselves create unnecessary barriers to trade. The agreement contains a work programme for the harmonization of rules of origin to be applied after the World Trade Organization (WTO) enters into force in cooperation with the World Customs Organization (WHO). develop the application of the change in tariff nomenclature when developing harmonised rules of origin for certain products or sectors, including the minimum change in the nomenclature corresponding to this criterion, on the basis of the criteria of essential transformation. The CRO and TCRO have put in place a comprehensive architectural concept in which the harmonization programme must be completed. These are general rules that are set out in eight articles entitled provisional: scope; The harmonized system definitions; Determining the origin Residual rules of origin Minimal operations or processes Special provisions de Minimis; three annexes: appendix 1: fully acquired goods; Appendix 2: Product Rules – Essential Processing; and Appendix 3: minimum operations or processes. All countries accept that the harmonization of rules of origin, i.e. the definition of rules of origin, applied by all countries and identical to the objective for which they will be applied, would facilitate international trade. Indeed, the abuse of the rules of origin can in itself make it an instrument of trade policy, rather than simply acting as an instrument of support for a trade policy instrument. However, given the diversity of rules of origin, such harmonization is a complex task. In 1981, the GATT secretariat drew up a note on the rules of origin, and in November 1982, ministers agreed to review the rules of origin used by the GATT contracting parties.