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Home» Circulars» Jnch: Guidelines Regarding Implementation Of Section 28da Of The Customs Act 1962 And Carotar 2020 In Respect Of Rules Of Origin Under Trade Agreements Fta Pta Ceca Cepa And Verification Of Certificates Of Origin

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JNCH: Guidelines regarding implementation of section 28DA of the Customs Act, 1962 and CAROTAR, 2020 in respect of Rules of Origin under Trade Agreements (FTA/PTA/CECA/CEPA) and verification of Certificates of Origin
 

 


 

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EPC: LIC: JNCH: CAROTAR  Date: 14-09-2020

Guidelines regarding implementation of section 28DA of the Customs Act, 1962 and CAROTAR, 2020 in respect of Rules of Origin under Trade Agreements (FTA/PTA/CECA/CEPA) and verification of Certificates of Origin

And Lists of Peruvian importers in various Chemical productsDistributor of Chemical Products in Peru looking for opportunities to source various chemicals from India 
And Lists of Peruvian importers in various Chemical products
 
To
All Members of the Counci
 
 
ALL THE MEMBERS OF THE COUNCIL
 

Dear Members,

 

This has reference to our circular dated 24th August 2020 informing you about Department of Revenue, MOF Notification No. 81/2020–Customs (N.T.) dated  21st August, 2020 regarding  Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020  dated  21st  August, 2020   &  Circular No. 38/2020-Customs dated 21st August 2020 regarding Guidelines regarding implementation of section 28DA of the Customs Act, 1962 and CAROTAR, 2020 in respect of Rules of Origin under Trade Agreements (FTA/PTA/CECA/CEPA) and verification of Certificates of Origin

 

In continuation of the same, O/o Commissioner of Customs (NS-I), Appraising Main (Import), JNCH has now issued Public Notice No 114/2020  dated 10th September  2020 pertaining to  Guidelines regarding implementation of section 28DA of the Customs Act, 1962 and CAROTAR, 2020 in respect of Rules of Origin under Trade Agreements (FTA/PTA/CECA/CEPA) and verification of Certificates of Origin.

 

You will appreciate that the aforementioned section and rules aim to supplement the operational certification procedures related to implementation of the Rules of Origin, as prescribed under the respective trade agreements (FTA/PTA/CECA/CEPA) and notified under the customs notifications issued in terms of section 5 of the Customs Tariff Act, 1975 for each agreement.

 

The CAROTAR 2020 shall come into force on 21st  September, 2020 to provide sufficient time for transition and to ensure that the prescribed conditions in terms of rule 4 are compiled with. Necessary modifications in bill of entry format are being made to allow declaration in terms of rule 3(a) and 3(d) of CAROTAR, 2020.

 

The above said circular aims to provide procedure for sending verification request to the Verification Authorities in exporting countries in terms of trade agreements, section 28DA and CAROTAR, 2020, and further guidelines for implementation of aforementioned section and rules.

 

The CAROTAR, 2020 and Rules of Origin notified for a trade agreement in terms of sub-section (1) of section 5 of the Customs Tariff Act, 1975, broadly provide the following grounds for verification:

 

  1. a)In case of a doubt regarding the genuineness of the Certificate of Origin (CoO) such as any deficiency in the format of the certificate or mismatch of signatures or seal when compared with specimens on record.

 

  1. b)In case of a doubt on the accuracy of information regarding origin, i.e. where a doubt arises on whether the product qualifies as an originating good under the relevant Rules of Origin. In other words, these are cases where there is a reasonable belief that a product is not grown or not produced/manufactured in a particular country or required value addition/change in CTH/PSR etc., as the case may be, has not been achieved for the goods to qualify as originating.

 

  1. c)Verification could also be undertaken on random basis as a measure of due diligence. For this purpose, factors such as the quantum of duty being foregone, the nature of goods vis-à-vis the country of origin, commodities that are prone to mis-declaration of country of origin, compliance record of the importer etc., may be given regard while selecting Certificates of Origin for random verification.

 

The Rules of Origin, by virtue of which goods attain origin of a country, have evolved with subsequent reviews of trade agreements. Most trade agreements have moved from single general rule to specific rule for most of the tariff lines, with inclusion of vast array of processes which can confer origin.

 

Section 28DA makes it incumbent upon an importer to possess sufficient information as regards the manner in which country of origin criteria, including the regional value content and product specific criteria, specified in the Rules of Origin in the trade agreement, are satisfied.

 

For this purpose, CAROTAR, 2020 has provided a form, containing list of basic minimum information which an importer is required to obtain while importing goods under claim of preferential rate of duty. Therefore, in case there is a doubt with regard to origin of goods, information would be first called upon from the importer of the goods, in terms of rule 5 read with rule 4 of CAROTAR, 2020, before initiating verification with the partner country in terms of rule 6.

 

Section 28DA of the Act further states that mere submission of a certificate of origin shall not absolve the importer of the responsibility to exercise reasonable care to the accuracy and truthfulness of the information supplied. Hence, the importer is required to provide information in terms of section 28DA(1) (iii) of the Act and as prescribed under CAROTAR, 2020, and has to take reasonable care to ensure the accuracy and truthfulness of the information furnished.

 

The Rules of Origin under various trade agreements lay down the format of the certificate of origin, the period of validity, manner of obtaining the certificate etc. One of the usual conditions for accepting the certificate is that it should be signed by the authorized signatories whose name, signature and seal have been communicated by the partner country through agreed channels. At present, the signatures and seals are received by the Board, either directly from the government of the partner country or through the Department of Commerce.

 

The Directorate General of Systems has built an online repository on ICES for storing the signatures/seals to facilitate comparison by the assessing officers. DRI has been tasked with uploading the data in the database.  For the benefit of non-EDI customs locations, copies of specimen signatures and seals will be circulated by DRI. For other locations, the ICES online repository may be utilized. In case the specimen seal/signature is not available in the ICES online repository, the issue may be referred to the Board for verification.

 

Members may take note  of the above PN  regarding implementation of section 28DA of the Customs Act, 1962 and CAROTAR, 2020.    The said PN  is available for  reference on below link-

 

http://www.jawaharcustoms.gov.in/pdf/PN-2020/PN-114-2020.pdf

 

Difficulty, if any, may be brought to the notice of the Addl. /Joint Commissioner (Appraising Main (Import)) through email at appraisingmain.jnch@gov.in .

 

 

Feedbacks, if any, may be sent to us on email id's: ed@chemexcil.gov.in,  deepak.gupta@chemexcil.gov.in,  pwdd@chemexcil.gov.in  & info@chemexcil.gov.in  for records/ examination.

 

Thanking You,

Yours faithfully,

(S. G. BHARADI)

EXECUTIVE DIRECTOR

CHEMEXCIL

 

 

Prafulla Walhe
Deputy Director
S G Bharadi
Executive Director
 
As we all understand, CBIC is committed to delivering superior trade experience by efficient service delivery. In this regard,  CBIC seeks  your valuable feedback/suggestions to improvise on their  services.
 
 
 
Kindly take part in the survey  using below links-
 
 
 
Survey link
 
https://www.icegate.gov.in/icegate-feedback/
 
 
Members are requested to take note and  may spare their  valuable 5 minutes to complete the survey which will help  authorities to improve their services, wherever required.
 
 
 
Thanking You,
 
Yours faithfully,
 
(S. G. BHARADI)
 
EXECUTIVE DIRECTOR
 
CHEMEXCIL
As per updates  on www.icegate.gov.in,    Central Board of Indirect Taxes and Customs (CBIC)  has invited Trade Community to participate in MANTHAN (Survey).
 
 
As we all understand, CBIC is committed to delivering superior trade experience by efficient service delivery. In this regard,  CBIC seeks  your valuable feedback/suggestions to improvise on their  services.
 
 
 
Kindly take part in the survey  using below links-
 
 
 
Survey link
 
https://www.icegate.gov.in/icegate-feedback/
 
 
Members are requested to take note and  may spare their  valuable 5 minutes to complete the survey which will help  authorities to improve their services, wherever required.
 
 
 
Thanking You,
 
Yours faithfully,
 
(S. G. BHARADI)
 
EXECUTIVE DIRECTOR
 
CHEMEXCIL
 
As you might be aware, Government has recently announced “Emergency Credit Line Guarantee Scheme"  to provide liquidity to the MSMEs in the wake of COVID-19 related economic stress.
 
 
 
Under the Scheme, 100% guarantee coverage to be provided by National Credit Guarantee Trustee Company Limited (NCGTC) for additional funding of up to Rs. three lakh crore to eligible MSMEs and interested MUDRA. borrowers, in the form of a Guaranteed Emergency Credit Line (GECL) facility.
 
 
 
 
 
Details/ Salient Features of the Scheme
 
 
 
The Emergency Credit Line Guarantee Scheme (ECLGS) has been formulated as a specific response to the unprecedented situation caused by COVID-19 and the consequent lockdown, which has severely impacted manufacturing and other activities in the MSME sector.
 
 
 
The Scheme aims at mitigating the economic distress being faced by MSMEs by providing them additional funding of up to Rs. 3 lakh crore in the form of a fully guaranteed emergency credit line.
 
 
 
The main objective of the Scheme is to provide an incentive to Member Lending Institutions (MLIs), i.e., Banks, Financial Institutions (FIs) and Non-Banking Financial Companies (NBFCs) to increase access to, and enable availability of additional funding facility to MSME borrowers, in view of the economic distress caused by the COVID-19 crisis, by providing them 100 per cent guarantee for any losses suffered by them due to non-repayment of the GECL funding by borrowers.
 
 
 
The salient features of the Scheme include –
 
 
 
i. All MSME borrower accounts with outstanding credit of up to Rs. 25 crore as on 29.2.2020 which were less than or equal to 60 days past due as on that date, i.e., regular, SMA0 and SMA 1 accounts, and with an annual turnover of up to Rs. 100 crore would be eligible for GECL funding under the Scheme.
 
 
 
ii. The amount of GECL funding to eligible MSME borrowers either in the form of additional working capital term loans (in case of banks and FIs), or additional term loans (in case of NBFCs) would be up to 20% of their entire outstanding credit up to Rs. 25 crore as on 29th February, 2020.
 
 
 
iii. The entire funding provided under GECL shall be provided with a 100% credit guarantee by NCGTC to MLIs under ECLGS.
 
 
 
iv. Tenor of loan under Scheme shall be four years with moratorium period of one year on the principal amount.
 
 
 
v. No Guarantee Fee shall be charged by NCGTC from the Member Lending Institutions (MLIs) under the Scheme.
 
 
 
vi. Interest rates under the Scheme shall be capped at 9.25% for banks and FIs, and at 14% for NBFCs.
 
 
 
 
 
Implementation schedule:
 
The Scheme would be applicable to all loans sanctioned under GECL during the period from the date of announcement of the Scheme to 31.10.2020, or till an amount of Rs three lakh crore is sanctioned under the GECL, whichever is earlier.
 
 
 
Members are requested to take note of above features of the ECLGS Scheme and  may avail, if applicable.
 
 
 
For operational guidelines and FAQs, please use below links on NCGTC site-
 
 
 
 
 
https://www.eclgs.com/documents/ECLGS%20-%20Operational%20Guidelines-Updated%20-%2002.06.2020.pdf
 
 
 
 
 
https://www.eclgs.com/documents/FAQs_on_ECLGS-Updated_as_on_06.06.2020.pdf
 
 
 
 
 
Please note that above information is being provided only as a service to the members in good faith.  For further details/ queries, Please contact your bank and financial institutions.
 
 
 
You may also send your feedback to the council on info@chemexcil.gov.in .
 
 
 
 
 
Thanks and Regards,
 
 
 
 
 
S G Bharadi
 
Executive Director
This is with reference in view of the disruption in supply chains due to the Corona virus. As you aware that Coronavirus epidemic is a matter of grave concern for the entire world, it is incumbent on larger economies like India to fill up the gaps in the global market. Countries which had been depending on China have learnt a lesson they should have an alternative market for sourcing and India was expected to be their preferred destination. So in the coming few months can provide our exporters greater market access in the absence of usually aggressive and competitive Chinese suppliers.
 
 
 
As a part of special measures under the national emergency to combat the spread of COVID-19 in Peru, has announced a zero per cent import duty on 65 products which include organic and inorganic chemicals, medicament, medical appliances, articles of vulcanised rubber, super absorbent polymers, etc. this is to overcome the likely supply chain disruption. Though a temporary measure intended for 90 days with effect from 13 March, it is likely to be extended for a longer period. Peru currently imports these items from China, USA, and EU countries, with which it has Free Trade Agreements, while imports from India attract 6% duty. According to Lima Chamber of Commerce (LCC) and the Association of National Pharmaceutical Industries, the measure (to remove duty) would incentivize Peruvian importers to source these products from other markets such as India.
 
 
 
In this context on our request we have received tremendous support from the High Commission of India in Peru and we have received information from them that President of Anders Peru S.A.C., Mr. Peter Anders – which has major presence in Peru as distributor of chemicals and intermediate products in different industrial sectors, has expressed interest in establishing contacts with potential suppliers in India. Mr. Anders approached the Embassy for support and guidance for sourcing chemicals and ingredients in the following sectors:
 
 
 
•        Coatings and adhesives
 
•        Plastics
 
•        Flexo painting
 
•        Home and personal care (cosmetics and perfumes)
 
•        Industrial and institutional hygiene
 
•        Electroplating
 
•        Textiles
 
•        Paper industry
 
•        Food additives
 
 
 
Mr. Anders has stated that they are currently importing dyes from India for the paper industry, and that they are keen to build and expand company’s trade relations with Indian suppliers.
 
 
 
Anders Group is a well reputed Peruvian company in the chemicals sector and it is a regional South American distributor of specialty chemicals, ingredients and industrial equipment. It was founded in 1964 and has 56 years of market experience. Its headquarters is located in Lima, Peru. The group with more than 150 employees and a turnover of over US$ 60 million, has commercial offices and warehouses in Peru, Bolivia, Ecuador, Chile and Colombia. The group company presentation is attached herewith for your ready reference. Mr. Anders also informed that he would like to use company’s distribution centre in Lima as a hub for supplies to countries in the region.
 
 
 
Mr. Anders’ proposal offers a good opportunity to tap into the Peruvian market, especially when exports of organic chemicals from a major supplier to Peru has dropped by 17%  and those of inorganic chemicals by 13% during the period January – April 2020.
 
 
 
We may request to our members to contact directly with Anders Peru S.A.C to expand business in Peruvian market. The details are mentioned below
 
 
 
            Mr. Peter Anders
 
            President of the Board
 
            Anders Peru S.A.C.
 
            E.mail: peter.anders@qanders.com 
 
 
 
Further, as desired, please find attached Lists of potential importers in Peru under Chapters 28, 29, 32, 33, 34, and 38.
 
 
 
We may request to our member exporters to take advantage of this opportunity and export to Peru.
 
 
 
Members  may also  send their comments / feed-back  on  our e-mail id’s:  ed@chemexcil.gov.in;  adreach@chemexcil.gov.in; deepak.gupta@chemexcil.gov.in; rokolkata@chemexcil.gov.in & robengaluru@chemexcil.gov.in  
 
 
 
Thanks and best regards,
 
 
 
S G BHARADI
 
EXECUTIVE DIRECTOR
 
CHEMEXCIL
 
BASIC CHEMICALS, COSMETICS & DYES EXPORT PROMOTION COUNCIL  
 
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