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A
(1)The goods
are manufactured in
Nepal
wholly from Nepalese materials
or Indian materials or Nepalese and Indian materials; or
(2) The goods involve
a manufacturing process in Nepal that brings about a change in
classification at four digit level of the Harmonised Commodities
Description and Coding System, different from those, in which all the
third country origin materials used in the manufacture of such goods are
classified and the manufacturing process is not limited to insufficient
working or processing as indicated in the illustrative list below:
(i)
Operations to ensure the preservation of articles in good
condition during transport and storage (e.g., ventilation, spreading
out, drawing, chilling, placing in salt, sulphur-dioxide or other
aqueous solutions, removal of damaged parts and like operations);
(ii)
Operations consisting or removal of dust, sifting or screening,
sorting, classifying, matching (including the making up of sets),
washing, painting, cutting up;
(iii)
Changes of packing and breaking up and assembly of consignments;
(iv)
Slicing, cutting, slitting, re-packing, placing in bottles or
flasks or bags or boxes or other containers, fixing on cards or boards,
etc., and all other packing or re-packing operations;
(v)
The affixing of marks, labels or other like distinguishing signs
on articles or their packaging; (vi)
Mixing of articles, whether or not of different kinds, where one
or more components of the mixture do not meet the conditions laid down
in para 1 (b) of Protocol to the Article V of the Treaty of Trade
between His Majesty's Government of Nepal and the Government of India to
enable them to be considered as manufactured or produced or made in
Nepal;
(vii)
Assembly of parts of an articles to constitute a complete
article;
(viii)
A combination of two or more operations specified in (i) to (vii)
above.
B.
The importer produces a certificate
of origin in the Form indicated below, duly
certified by an agency designated by His Majesty's Government of Nepal,
in respect of the consignment, to the satisfaction of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs , as the case
may be, that such goods have in fact been manufactured in Nepal .
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FORM OF CERTIFICATE OF
ORIGIN
Certificate
of origin for exports free of customs duties under the
Treaty of Trade between His Majesty's Government of
Nepal
and the Government
of
India
Reference No.
________________
1.
Articles consigned from (Exporter's business name, address):
2.
Articles consigned to (Consignee's name, address):
3.
Means of transport and route:
4.
Item number (HS Tariff Line):
5.
Marks and number of package:
6.
Description of Articles :
7.
Gross weight or other quantity :
8.
Number and date of Invoice together with value:
9.
Ex-Factory price* of the
articles manufactured in
Nepal
:
*
‘Ex-factory price’ means the price of the product at the time of the
clearance from the factory gate.
10. (i) Whether articles
are manufactured in
Nepal
under Para 1(a) of the Protocol to Article V of the Treaty of Trade
(Yes/No):
(ii) If articles are
manufactured in
Nepal
under
Para
1 (b) (i) and (ii) of the Protocol to Article V of the Treaty of Trade:
(A)
CIF value of materials, parts or produce originating
from Non-Contracting Parties (i.e. other than
Nepal
and
India
) at the point of entry in
Nepal
:-
(B) Value of materials,
parts or produce of undetermined origin:-
11. Percentage of the sum
of the value of col. 10(ii) (A) and (B) to the value of col. 9:
12.
Declaration by the exporter:
The
undersigned hereby declares that the details furnished above are correct,
that the articles are produced in
Nepal
and that they comply with the
Rules of Origin specified in the Treaty of Trade between His Majesty's
Government of Nepal and Government of India.
_____________________
(Place
and Date, Signature of authorised signatory)
13.
Certification:
It
is certified that the articles herein referred to are eligible for
preferential treatment as per provisions of the Treaty of Trade between
His Majesty's Government of Nepal and the Government of India. It is
further certified that:
1.
The articles have been manufactured in
Nepal
at a factory situated at _____
(name of place/district) by M/s. ___ (name of the company).
2.
The articles involve manufacturing activity in
Nepal
and that the manufacturing
activity satisfies the criteria given in the Protocol to Article V of the
Treaty of Trade.
3.
The articles in question are not products of third country origin.**
For
His Majesty's Government of
Nepal
(Place and date, Signature and
Stamp of Certifying Authority)
**For
the purpose of the above Item No. 3, the
articles which have undergone a manufacturing process in
Nepal
as defined in the Protocol to
Article V of the Treaty will not be treated as product of third country
origin.
14.
For official use of Indian Customs:
The consignment has been examined and allowed to be imported into India as
it complies with the provisions as stipulated under Article V of the
Treaty of Trade between His Majesty's Government of Nepal and Government
of India.
________________________
Signature and Seal of the
Certifying
Authority.
Dated:
Place:
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C
The products worked on or processed as a result of which the total value
of materials, parts or produce originating from countries other than India
or Nepal or of undetermined origin used -
| i) |
does
not exceed seventy five per cent. of the ex-factory price of the
articles imported in the time period
beginning from the 6 th day of March,
2002, and
ending on the 5th day of
March, 2003; and |
| ii) |
does
not exceed seventy per cent. in any subsequent time period , which
commences on the 6th day of March in
a given calendar year and ends on the 5th day of
March of the subsequent calendar year ;
and |
| iii) |
the
final process of manufacture is performed in
Nepal
. |
Explanation
- For the purpose of this notification, the value of materials, parts or
produce originating from countries other than India or Nepal shall be the
CIF value at the time of importation of materials, parts or produce, at
the point of entry in Nepal, where this can be proven to the satisfaction
of the Assistant Commissioner of Customs or Deputy Commissioner of
Customs, or the earliest ascertainable price paid for the materials, parts
or produce of undetermined origin in Nepal
where the working or processing takes place.
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