The Central Government has issued an amendment to the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020, aimed at refining terminologies to enhance clarity. The key change involves replacing the term “certificate” with “proof” across various clauses and sub-rules to ensure consistency in the documentation required to establish the origin of goods under trade agreements.

Specific amendments include:

In Rule 2(1)(f), the term “certificate” is substituted with “proof“.

2(1)(f) “Verification” means verifying genuineness of a proof of origin or correctness of the information contained therein in the manner prescribed by the respective Rules of Origin;

In Rule 3: Sub-rule (1), clauses (c) and (d), replace “certificate” with “proof“. Clause (d)(i), (ii), and (v) also replace “certificate” with “proof“. Sub-rule (2) reflects the same substitution.

(c) produce proof of origin covering each item on which preferential rate of duty is claimed; and

(d) enter details of proof of origin in the bill of entry, namely:

(i) Proof of origin reference number;

(ii) date of issuance of proof of origin;

(iii) originating criteria;

(iv) indicate if accumulation/cumulation is applied;

(v) indicate if the proof of origin is issued by a third country (back-to-back); and

(vi) indicate if goods have been transported directly from country of origin.

(2) Notwithstanding anything contained in these rules, the claim of preferential rate of duty may be denied by the proper officer without verification if the proof of origin-

(a) is incomplete and not in accordance with the format as prescribed by the Rules of Origin;

(b) has any alteration not authenticated by the Issuing Authority;

(c) is produced after its validity period has expired; or

(d) is issued for an item which is not eligible for preferential tariff treatment under the trade agreement; and in all such cases, the certificate shall be marked as “INAPPLICABLE”.

In Rule 6: Sub-rule (1) and its clauses (a) and (b) replace “certificate” with “proof“.

Rule 6. Verification request .-

(1) The proper officer may, during the course of customs clearance or thereafter, request for verification of proof of origin from Verification Authority where:

(a) there is a doubt regarding genuineness or authenticity of the proof of origin for reasons such as mismatch of signatures or seal when compared with specimens of seals and signatures received from the exporting country in terms of the trade agreement;

(b) there is reason to believe that the country of origin criterion stated in the proof of origin has not been met or the claim of preferential rate of duty made by importer is invalid; or

In Form I, Section III, Part B, paragraph 2, serial number g, the letters “CoO” are replaced with “proof of origin”.

This amendment aims to standardise the terminology, reducing ambiguity in trade documentation processes. It reaffirms the government’s commitment to transparency and consistency in customs administration under trade agreements.