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Taichi Kawazoe

How the FTA Origin Verification take place?

2020-01-29 By Taichi Kawazoe

“Verification” is a process of confirming the originating status of goods that
have already been imported under preferential tariff treatment of FTA.

Customs conducts verification of origin in accordance with the provision of each
FTA and Customs-related laws and regulations.

In order to benefit from the preferential tariff under an FTA, the imported good
must qualify as originating in accordance with the applicable rules of origin
of the FTA. Through verification, Customs ensures the proper application of
preferential tariff treatment under FTA.

As for the verification with the importer, Customs sends a written request for
information on the originating status of the imported good(s).
Customs determines whether the good qualifies as originating on the basis of
the information and documents provided by the importer.

If the originating status of the good is not confirmed through the verification
with the importer, Customs may carry out verification with the exporter or producer.

Customs sends a written request for information to the exporter or producer, or
conducts a verification visit to the premises (e.g. factories or offices) of the
exporter or producer.

If Customs cannot confirm the originating status of the good through the above
process, preferential tariff treatment would be denied.
Furthermore, depending on the cases, the good may be subject to an additional
tax/penalties for underpayment of Customs duties.

Here is the findings of the survey analyzed Origin Verification trend, based on
questioning WCO Member Customs administrations.

Documentary examination

109 Customs administrations that responded to the question on the cases
where a documentary examination is undertaken at the import clearance,
the documentary examination is undertaken on the following basis:

■All, 41 (38%);
■High risk shipment, 54 (50%);
■Random, 51 (47%);
■None, 0 (0%);
■Other, 38 (35%)

Points to be checked at the documentary examination

■Stamp, 98 (90%);
■Signature, 94 (86%);
■Consistency of the content, 96 (88%);
■Other, 46 (42%).

Motives for verification

109 Customs administrations that responded to the question on the main
reasons to conduct verification, doubt in the authenticity and doubt in the accuracy of the
content of the proof of origin were both common reasons for carrying out verification.
The result of the survey is as follows:

■Doubt in the authenticity of the certificate, 92 (84%);
■Doubt in the accuracy of the content, 91 (83%);
■Random, 50 (46%);
■Other, 46 (37%).

Verification channels

109 Customs administrations that responded to the question on the addressee of
the verification request, the verification through the competent authorities in the
exporting country was the most commonly accepted channel. The competent authorities
include Customs, chambers of commerce, trade/industry ministries, other authorized
bodies, etc.
Among the choices provided in the survey, the Customs in the exporting country was the
mostly chosen channel for verification. The following is the result:

■Customs in the exporting country, 54 (50%);
■Exporter, 13 (12%);
■Producer, 8 (7%);
■Importer, 16, (15%);
■Other, 56 (51%).

 

Timing

109 Customs administrations that responded to the question regarding the
timing of verification, 44 (40%) indicated that they carry out verification only after the
release of goods. 43 (39%) indicated that they carry out either before or after release.
On the other hand, 22 (20%) indicated that they carry out only before release.

Verification visits

106 Customs administrations that responded to this question on whether
verification visits to the exporting country are conducted, 25 (24%) indicated that they do.
81 (76%) indicated that they do not.

 25 Customs administrations that replied ‘yes’ to the above question, 12 (48%)
indicated that they visit the premises of the exporter. 19 (79%) indicated that they visit
the producer.
* Note: the sum of the percentages exceeds 100% because some administrations indicated both
of the choices.

 

Information provision

The majority of the Customs administrations that responded provide origin information to
the requesting Customs or other authorities in the importing country. Out of the 108
Customs administrations that responded to this question, 97 (90%) indicated that they
do so. 11 (10%) indicated that they do not.

97 Customs administrations that replied ‘yes’, 81 (84%) indicated that the
preferential trade agreements were the basis for providing information. 67 (69%)
indicated that they would do so under the bilateral customs mutual assistance
agreements.

Number of Verification requests

94 Customs administrations that responded to the question on the number of
verification request, around 40% fell under the range over 100 per year. It would imply
that sending and receiving the verification requests are becoming one of the daily
businesses for many Customs administrations. The details are as follows:
<Number of verifications requests sent per year>
■None, 12 (12%);
■1 to 10, 20 (21%);
■11 to 100, 18 (19%);
■101 to 1000, 37 (38%);
■Over 1000, 3 (3%).
■No data / not disclosed, 7 (7%)
<Number of verifications requests received per year>
■None, 7 (7%);
■1 to 10, 24 (26%);
■11 to 100, 15 (16%);
■101 to 1000, 40 (43%);
■Over 1000, 1 (1%).
■No data / not disclosed, 7 (7%)

Provision of origin fraud information

75 Customs administrations that responded to the question, 63 (84%)
indicated that they would inform the exporting country if an origin fraud case were
identified. 12 (16%) indicated that they would not do so.

Retrieved from:World Trends in Preferential Origin Certification and Verification

Filed Under: Origin Verification Tagged With: Origin Verification

Case study of “CTC” & “VA” method combined pattern(Industrial fans)

2019-12-26 By Taichi Kawazoe

Here is a case study of “CTC” & “VA” method combined pattern.

Company A manufactures Industrial fans (HS Heading 84.14)

Industrial fans of heading 84.14 are manufactured from the
following non-originating materials:

 Final product non-originating
materials
HS code Value
 

Industrial fans
HS:84.14
EXW € 200.

 

 

Fan hub 84.14 € 14.-
  Motor 85.01 € 40.-
  Bolts 73.18 € 20.-

Example PSR for goods of heading 84.14 (Industrial fans ) is:

*This rule (PSR) varies depending on the agreement

There are two alternative rules:
Either of them need to be fulfilled in order to be considered as originating goods.

 

The first condition (Column 4)

“Manufacture in which the value of all the materials used does not
exceed 25 % of the ex-works price of the product”.

This condition is not satisfied since the total value of the non-originating
material used is 74 € which means 37 % of the ex-works price of one fan (200 €).

The second condition (Column 3)

“Manufacture:
• from materials of any heading, except that of the product, and
• in which the value of all the materials used does not exceed 40 % of the ex-works
price of the product”.

This rule contains 2 conditions which must be satisfied.

(i) The change of tariff requirement of the first part of the rule is not satisfied for
the fan hub(84.14).
The general tolerance rule allowing the use of non-originating material, provided
that their value does not exceed 10 % of the ex-works price (fun hub 14 € versus
value of the final (200 €) can help to fulfill the requirement.
The limitation in the general tolerance rule saying that any of the percentages
given in the list for the maximum value of non-originating materials must not be
exceeded through the application of the general tolerance rule is also fulfilled.

(ii) The second condition in column 3 is that the total value of the non-originating
materials used must not exceed 40 % of the ex-works price of the product. This
condition is also fulfilled as the total value of the non-originating materials used is
only 37 % of the ex-works price of the fan.

The fans are considered as originating products.

Filed Under: Case Study

Case study of “CTC” & “VA” method combined pattern(Letter boxes)

2019-12-24 By Taichi Kawazoe

Here is a case study of “CTC” & “VA” method combined pattern.

Company A manufactures Letter boxes of copper plate (HS Heading 74.19)

Letter boxes of heading 74.19 are manufactured from the
following non-originating materials:

 Final product non-originating
materials
HS code Value
 

Letterboxes
HS:74.19
EXW € 6.-

 

 

Copperplate 74.09 € 1.80.-
  Rivets 74.15 € 0.12.-
  Soldering material 83.11 € 0.12.-
  Insert of plastics 39.26 € 0.60.-
  Box of paperboard 48.19 € 0.15.-

The origin rule for letter boxes of heading 74.19 is covered by “ex Chapter
74 – copper and articles thereof; except for: …”. Since heading 74.19 does
not appear in the list of exceptions, it is the specific rule for Chapter 74
which must be fulfilled:

Example PSR for goods of heading 74.19(Letterboxes ) is:

“Manufacture:
• from materials of any heading, except that of the product, and
• in which the value of all the materials used does not exceed 50 % of
the ex-works price of the product”.

*This rule (PSR) varies depending on the agreement

The rule contains two conditions. Both of them must be fulfilled. If not, the
product does not acquire originating status.

The first condition (CTC)

As the letterboxes are classified in heading 74.19 and none of the
materials used are classified in that heading, the first condition is satisfied.

The second condition (VA)

Since the total value of the non-originating material used (€ 2.79) is less
than 50 % of the ex-works price (€ 6.-), the second condition is also satisfied
and the boxes can be regarded as originating products.

 

Filed Under: Case Study

Case study of Value Added method(VA) e.g.”Nitrobenzoyl chloride”

2019-12-23 By Taichi Kawazoe

Here is a case study of Value Added (VA) method.

Company A manufactures Nitrobenzoyl chloride (HS Heading 2916)

「Nitrobenzoyl chloride」の画像検索結果

Nitrobenzoyl chloride of Heading 2916 are manufactured from the
following non-originating materials:

 Final product non-originating
materials
HS code Value
 

Nitrobenzoyl chloride
HS:2916
EXW € 100.-

Benzoic acid 29.16 € 17.-
 Hydrochloric acid 28.06 € 23.-
  Nitric acid 28.08 € 2.-

The final product of heading 29.16 is covered by the list rule of “ex Chapter 29
– organic chemicals, except for:…”

the following Example PSR rules in columns 3 and 4 will be applied for goods
of heading 29.16(Nitrobenzoyl chloride)

*This rule (PSR) varies depending on the agreement

The rules in column 4

The rules in column 4 stipulate that the working or processing that needs to be
carried out on non-originating material is the following: “Manufacture in which
the value of all the materials used does not exceed 40 % of the ex-works price of
the product”.
The condition in this rule is not fulfilled as the total value of the non-originating
The materials used are 42 %.

The rules in column 3

The rule in column 3 consists of 2 requirements:
(i) “Manufacture from materials of any heading, except that of the product”.
The hydrochloric acid and the nitric acid are classified in headings 28.06 and 28.08
(other than the nitrobenzoyl chloride of heading 29.16) and therefore fulfill the
change of heading requirement. The benzoic acid, on the contrary, is classified as nitrobenzoyl chloride of heading 29.16 and does not comply with the tariff shift rule.

(ii) The second requirement, however, stipulates that : “However, materials of the
same heading as the product may be used, provided that their total value does not
exceed 20 % of the ex-works price of the product”.
As the value of the benzoic acid (17€) is only 17 % of the ex-works price of the
nitrobenzoyl chloride (100 €) the requirement of column 3 is fulfilled.
As it is sufficient that the requirement of either column 3 or column 4 is fulfilled,
the nitrobenzoyl chloride can be regarded as an originating product.

 

Filed Under: Case Study

Case study of Change in classification(CTC) e.g.”– Steel wire”

2019-12-20 By Taichi Kawazoe

Here is a case study of Change in classification(CTC) method.

Company A manufactures Steel wire (HS Heading 72.17)

The Steel wire is manufactured from non-originating bars of steel
of heading 72.13.

From a bar of steel of a value of € 24, steel wire for € 40 is manufactured.

 

Example PSR for goods of heading 72.17(Steel wire) is:

“Manufacture from semi-finished materials of heading 72.07”.
*This rule (PSR) varies depending on the agreement

As less working or processing than required is carried out when the
manufacture process is done from bars classified in heading 72.13,
the wire does not obtain originating status.

Another way of saying: The Steel wire has to be manufactured at least
from Semi-finished products of iron or non-alloy steel(Heading 72.07) if
non-originating material is to be used in the manufacturing process.

 

This is in accordance with the Introductory Notes 3.2 to the working or processing list:

The rule in the list represents the minimum amount of working or processing
required and the carrying out of more working or processing also confers
originating status; conversely, the carrying out of less working or processing cannot
confer originating status. Thus if a rule provides that non-originating material at a
certain level of manufacture may be used, the use of such material at an earlier
stage of manufacture is allowed and the use of such material at a later stage is not.

Moreover, the “general tolerance rule” cannot help to confer origin as the value of
the bar used (€ 24) is higher than 10 % of the ex-works price of the steel wire made
from that bar (€ 40.-).

 

Retrieved from:WCO document

Filed Under: Case Study

Case study of Change in classification(CTC) and DMI e.g.”– Door locks”

2019-12-15 By Taichi Kawazoe

Here is a case study of Change in classification(CTC) and DMI method.

Company A manufactures Door locks (HS Heading 8301)

Case study of Change in classification(CTC) and DMI e.g.”– Door locks”

Retrieved from:CCI du Luxembourg belge

 

Door locks of Heading 8301 are manufactured from the following non-originating materials:

 Final product non-originating
materials
HS code Value
 

 

Door locks
HS:8301
EXW € 20.-

Steel plate 72.19 € 0.20
  Rivets 73.18 € 0.10
  Screws 73.18 € 0.11
  Nuts 73.18 € 0.13
  Steel bar 72.15 € 0.30
  Varnish 32.08 € 0.02
  Lock   mechanism 83.01 € 1.50

The specific origin rule for door locks of heading 83.01 is found in
“ex Chapter 83 – miscellaneous articles of base metal; except for : ….”

Example PSR for goods of heading 8301(Door locks) is:

“Manufacture from materials of any heading, except that of the product”.
*This rule (PSR) varies depending on the agreement

Using steel plates, rivets, screws, nuts and varnish which are classified within
headings other than heading 83.01, the tariff shift rule would be fulfilled.

Another way of saying: “Change of Tariff Heading” (CTH)
A product is considered to be sufficiently worked or processed when it is classified in a
4-digit level of the Harmonized System, i.e. heading, which is different from those in
which all the non-originating materials used in its manufacture are classified.

However, lock mechanisms of heading 83.01 are also used in the manufacture
of the locks, so for that material the change of tariff heading is not fulfilled.

 

Case study of Change in classification(CTC) and DMI e.g.”– Door locks”

Retrieved from:CCI du Luxembourg belge

According to the “De Minimis/tolerance(DMI) rule” the use of non-originating
materials may however be allowed when the value of these does not exceed
10 % of the ex-works
*This rule (DMI) varies depending on the agreement

price of the product. The value of the lock mechanisms (€ 1.50) is only 7,5 % of
the exworks price of the lock (€ 20.-).
Thus, the use of the lock mechanisms does not prevent the final product from
acquiring originating status.

Consequently, the locks can be regarded as originating products.

Filed Under: Case Study

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