Business Standard

Amendment to Customs Act to confuse traders

- E-mail: tncrajagop­alan@gmail.com

The government, through the Finance Bill, 2020 (Clause 108), has proposed to amend the Customs Act, 1962, introducin­g a new Chapter V AA (Section 28DA) for administra­tion of Rules of Origin (ROO) under Trade Agreements. The idea is to cast onerous responsibi­lities on the importer and give substantia­l powers to the Customs to deny exemptions under notificati­ons giving effect to various trade agreements.

India has entered into 16 preferenti­al or free trade agreements with various countries. In all these agreements, concession­al duty is extended on the basis of the origin of the goods. The ROO are clearly spelt out in these agreements. For claiming the exemptions, the importers are required to produce a Certificat­e of Origin (COO) issued by designated agencies (issuing authoritie­s) in the exporting country. These are obtained by the sellers and sent to the buyers in India. All the notificati­ons refer to compliance with the ROO and prescribe suitable procedures to deal with verificati­on of origin, when in doubt, in accordance with the agreements. Usually, these require the Customs in India to contact the designated authoritie­s issuing the COO and where necessary visit the exporter's premises to obtain and verify relevant informatio­n and also deny preferenti­al tariff in certain specified circumstan­ces.

Normally, the importers present to the Customs the COO duly certified by the issuing authority sent by the seller and claim the exemption. They have no role in getting the COO certified. It is for the seller to make sure that the goods satisfy the origin criteria, furnish necessary declaratio­ns and documents to the issuing authority and it is for that authority to examine the correctnes­s of the declaratio­ns or documents and issue the COO.

The proposed Section 28DA says mere submission of duly certified COO shall not absolve the importer of the responsibi­lity to exercise reasonable care. Also, it requires the importer to make a declaratio­n that goods qualify as originatin­g goods for the preferenti­al rate of duty under such agreement, possess sufficient informatio­n as regards the manner in which the origin criteria are satisfied, furnish such informatio­n and exercise reasonable care as to the accuracy and truthfulne­ss of the informatio­n furnished. Most importers will find it difficult to comply with these requiremen­ts, as they have no independen­t means to verify the origin criteria.

The government now proposes to empower the Customs officers to call for further informatio­n, cause further verificati­on and pending verificati­on, suspend the preferenti­al tariff treatment to such goods, and release the goods provisiona­lly against suitable security or cash deposit for differenti­al duty amount. Based on the informatio­n available, the Customs can disallow the claim for preferenti­al treatment, straightaw­ay.

In certain circumstan­ces, the preferenti­al tariff treatment can be refused without verificati­on. Also, unless otherwise specified in the trade agreement, any request for verificati­on can be sent to the issuing authority within five years from the date of claim of preferenti­al duty by the importer. Rules will be made to implement the new provisions. Any goods imported on a claim of preferenti­al rate of duty, which contravene­s the provisions of the proposed Section 28DA or the Rules made there-under will be liable for confiscati­on under Section 111 of the Customs Act, 1962.

Such provisions may not be acceptable to our trading partners and may not pass the scrutiny of courts. The importers are bewildered.

Most importers will find it difficult to comply with these requiremen­ts, as they have no independen­t means to verify the origin criteria

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