Page 40 - ELT_1st July 2020_Vol 373_Part 1

A14 EXCISE LAW TIMES [ Vol. 373

“(A) In terms of any trade agreement, an importer making claim for pref-
erential rate of duty shall :
(i) make a declaration that goods qualify as originating goods for
preferential rate of duty under such agreement;
(ii) possess sufficient information as regards the manner in which coun-
try of origin criteria, including the regional value content and
product specific criteria, specified in the rules of origin in the
trade agreement, are satisfied;
(iii) furnish such information in such manner as may be provided
by rules; and
(iv) exercise reasonable care as to the accuracy and truthfulness
of the information furnished.
(B) The fact that the importer has submitted a certificate of origin issued by an
Issuing Authority shall not absolve the importer of the responsibility to
exercise reasonable care.
(C) Where the proper officer has reasons to believe that country of origin
criteria has not been met, he may require the importer to furnish fur-
ther information, consistent with the trade agreement, in such man-
ner as may be provided by rules.
(D) Where importer fails to provide the requisite information for any reason,
the proper officer may :
(i) cause further verification consistent with the trade agreement
in such manner as may be provided by rules;
(ii) pending verification, temporarily suspend the preferential tar-
iff treatment to such goods :
Here point that is to be noted is that on the basis of the information
furnished by the importer or the information available with him or
on the relinquishment of the claim for preferential rate of duty by
the importer, the Principal Commissioner of Customs or the Com-
missioner of Customs may, for reasons to be recorded in writing,
disallow the claim for preferential rate of duty, without further veri-
fication.
(E) Where the preferential rate of duty is suspended under above-
mentioned situation, the proper officer may, on the request of the im-
porter, release the goods subject to furnishing by the importer a secu-
rity amount equal to the difference between the duty provisionally
assessed under Section 18 and the preferential duty claimed :
It should be noted that the Principal Commissioner of Customs or
the Commissioner of Customs may, instead of security, require the
importer to deposit the differential duty amount in the ledger main-
tained under Section 51A.
(F) Upon temporary suspension of preferential tariff treatment, the proper
officer shall inform the Issuing Authority of reasons for suspension of
preferential tariff treatment, and seek specific information as may be
necessary to determine the origin of goods within such time and in
such manner as may be provided by rules.
(G) Where, subsequently, the Issuing Authority or exporter or producer,
furnishes the specific information within the specified time, the prop-
er officer may, on being satisfied with the information furnished, re-
store the preferential tariff treatment.
EXCISE LAW TIMES  1st July 2020  40