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UTILIZE FTAs/GSPs Post-Verification of Origin Verification Cases by FTA Agreement

Verification Cases by FTA Agreement

Verification Cases by FTA Agreement

Post verification Case 1

RCEP

Overview

FTA Agreement
AKFTA
Import duty
6.5% (MFN) / 5% (FTA)
Counterparty Country
Korea
HS CODE
3901.30
Item Description
EVA Co-polymer
PSR
CTH
Issues
Authenticity of Certificate of Origin and Determination of Origin Criteria

Transaction

Transaction flowchart
Philippine, Korea Manufacturer Manufacturer’s declaration Product (EVA) Did not determine the origin after PER approval Exporter P/O Product Agent Importer

Issues on Workflow

Issues on workflow image
Purchase the product as a final goods and issues a CO
Issues on workflow image
Lack of systematic workflow among relevant FTA departments of the manufacturer and a low understanding of FTA
Issues on workflow image
Inadequate origin management due to missing origin document

Post verification Case 2

PH-EFTA

Post verification preparedness methods

Post verification preparedness methods image
FTA Origin Education for Relevant Departments of manufacturer
Manufacturers are required to provide justification for the basis of origin determination. Therefore, it is essential to quickly conduct FTA origin education for relevant departments such as the purchasing team and the overseas sales team to ensure cooperation in verification responses.
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Accurate Origin Determination
Since the product is purchased and then exported, it is necessary to review the appropriateness of origin determination based on the manufacturer's origin documentation. However, the manufacturer’s BOM (Bill of Materials) is confidential and cannot be disclosed to the exporter.

After determining the origin internally, only the results of the determination should be provided to the exporter or submitted directly to customs, requiring the preparation of origin determination documents.
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Storage of Origin Determination Documentation
According to the agreement, data keeping is mandatory. Therefore, all origin determination documents and origin declaration forms received from the manufacturer must be retained.

Implications

Promote cooperation in verification responses at the company-wide level by providing FTA training to relevant departments of the manufacturer.

It is necessary to make internal efforts to check whether the origin continues to meet requirements even after PER approval.

Post verification Case 3

AANZFTA

Overview

FTA Agreement
AANZFTA FTA
Import duty
5% (MFN) / 0%(FTA)
Counterparty Country
Australia
HS CODE
5515.11
Item Description
Staple fiber fabric
PSR
OTHER(SP)
Issues
Verification of compliance with origin determination criteria for textiles

Transaction

Transaction flowchart
Philippine, China, Australia Manufacturer Manufacturer Invoice Manufacturer Fabric Manufacturer Export payment Agent Third party Agent Export payment Importer XXX Textile Exporter Final Product Product

Issues on workflow

Issues on workflow image
Suspected circumvention through re-export due to intermediary trade conducted a via third-party
Issues on workflow image
Error occurred in identifying the origin determination criteria for textiles due to lack of accurate HS code classification
Issues on workflow image
Although there are multiple subcontractors, it has not been confirmed whether they have actually met the processing criteria

Post verification preparedness methods

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Conduct accurate product classification through advance ruling on tariff classification
Product classification is an important criterion for determining origin, so it is necessary to classify the correct HS code through advance rulings or other methods.

During post-verification, the counterpart country may inquire about the HS code classification basis for the goods.
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Verify actual processing at each stage of processing criteria
For export items subject to processing criteria, it is necessary to verify the actual processing at each stage in advance.

If possible, it is advisable to obtain supporting documentation that confirms the processing at each stage.

Implications

For export items subject to processing criteria, it is necessary to verify the actual processing at each stage in advance.

If possible, it is advisable to obtain supporting documentation that confirms the processing at each stage.

Post verification Case 4

ATIGA

Overview

FTA Agreement
ATIGA
Import duty
30% (MFN) / 0%(FTA)
Counterparty Country
Thailand
HS CODE
8479.89
Item Description
Large scale equipment
PSR
RVC 40
Issues
Verification of compliance with origin determination criteria

Transaction

Transaction flowchart
Philippine, Thailand Manufacturer Material A Material B Material C Final Product Manufacturer’s Declaration Exporter Final Product Product Importer XXX ENG Thai

Issues on Workflow

Issues on workflow image
Failure to fulfill the obligation to retain the BOM after PER approval
Issues on workflow image
Discrepancies with the manufacturer regarding BOM requests
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Inadequate documentation for tariff classification related to over 2,000 raw material

Post verification preparedness methods

Post verification preparedness methods image
Utilize exporter support from relevant agencies
Post-verification requires prompt response, and failure to adequately address verification issues can lead to a loss of trust from import country buyers.

Therefore, swift action through government export support programs of DTI, BoC is essential.
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Need for Tariff Classification of Raw materials
Accurate tariff classification of raw materials is crucial for compliance with origin determination criteria and for ensuring correct customs duties and regulatory requirements.

Proper classification helps in verifying that products meet trade agreement requirements and prevents potential issues during post verifications especially for large scale equipment which has a lot of raw materials.
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Need for BOM management after PER Approval:
After PER approval, the BOM may change, and there could be modifications in input materials or changes in their purchase prices. Therefore, it is essential to manage change records effectively to respond promptly to post-verification processes.

Implications

Post-verification requires prompt response, and contacting the relevant export support department of related agencies for assistance with response strategies is crucial.

For companies dealing with large-scale equipment, it is especially important to issues related to product classification and to continuously update the BOM to ensure adequate preparation in advance.

Post Verification Case 5

AIFTA

Overview

FTA Agreement
AIFTA
Import duty
15% (MFN) / 5%(FTA)
Counterparty Country
India
HS CODE
8708.99
Item Description
High-pressure pipe for automotive
PSR
CTSH + RVC35%
Issues
Suspected non-compliance with HS code and origin criteria

Transaction

Transaction flowchart
Philippine, India Manufacturer Manufacturer’s Declaration Product Agency Manufacturer’s Declaration Product Exporter Importer

Issues on Workflow

Issues on workflow image
Error occurred in the classification of automotive parts
Issues on workflow image
Difficulties in meeting the RVC requirement due to changes in the purchase price and sales price since the PER approval
Issues on workflow image
Failure to fulfill the obligation to retain supporting documents for purchase prices

Post verification preparedness methods

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Accurate HS Code classification on automotive parts
For automotive parts, precise classification is required.

This is because the classification of automotive parts can vary significantly depending on factors such as their installation position or whether they are specifically covered under another heading.
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Special attention when using RVC criterion
When determining RVC under the agreement, special attention must be paid to the trends in purchase and sales price fluctuations.

The validity of the manufacturer’s declaration must be verified, and the manufacturer’s declaration should be retained to prepare for potential post-verification.

Implications

Due to the nature of processing in the automotive industry, which involves multiple suppliers, it is important to request prompt updates of documentation to ensure timely responses.

In the case of AIFTA, where a mixed verification approach is used, if the requirements are not met through indirect verification, direct verification may be conducted. Therefore, it is crucial to maintain proper documentation to support claims during indirect verification

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