The Economic Times - 20 August 2022
FTA provisions to prevail in rules of origin disputes
India will follow provisions of free trade agreements (FTAs) over the wider and more stringent domestic framework in case of any dispute over value addition or rules of origin related to imports under FTAs.
The decision comes as the country eyes trade deals with large trading partners such as the European Union.
The Central Board of Indirect Taxes (CBIC) has instructed its officials to follow provisions in FTAs and the associate rules of origin in case of conflict with Customs (Administration of Rules of Origin under Trade Agreements) Rules (Carotar), 2020.
Currently, the Carotar rules require extensive submission of data and facts where, in certain cases, the requirement even goes beyond the stipulated conditions under the bilateral/multilateral FTAs.
It empowers customs officers to seek additional information from importers, consistent with the trade agreement, in case the officer has reasons to believe that the country-of-origin criteria had not been met.