46A3.26
| (a) |
Any books, accounts and other documents kept for providing evidence of the originating status of goods shall utilise information prepared in a manner consistent with generally accepted accounting principles appropriate for the proving of the originating status of the goods and for fulfilling of the other requirements of the relevant enactment. |
| (b) |
Every exporter or producer or any other person contemplated in section 46A(3)(b) shall maintain and keep for a period of three years from the date goods were exported, complete books, accounts or other documents relating to the origin of goods for which preferential tariff treatment was claimed including any such books, accounts or other documents in connection with— |
(i)
| (aa) |
the purchase of, sale of, cost of, value of, and payment for the goods that are exported; |
| (bb) |
the purchase of, cost of, value of, and payment for, all materials, including indirect materials, used in the production of the goods exported; |
| (ii) |
the production of the goods in the form in which they are exported, including proof of the originating status of the materials used and goods produced, the use of materials and other documentation and information to prove the originating status of the goods exported; |
| (iii) |
documents relating to any goods imported from the Russian Federation, including proof of origin in respect of any goods exported in the same state as imported or any goods used in the production of goods exported; |
| (iv) |
the exportation of the goods to the Russian Federation; |
| (v) |
any other documents contemplated in rule 46A3.16(ij). |
(c)
| (i) |
For the purposes of paragraph (b), the books, accounts and other documents must include specifically the following: |
| (aa) |
direct evidence of working or processing of materials carried out by the exporter or manufacturer to obtain the goods concerned; |
| (bb) |
documents proving the identity of materials used in production and which contain enough particulars to determine the tariff subheading thereof; |
| (cc) |
documents proving the value of materials used and added value; |
| (dd) |
costing records showing the calculation of the ex-works price; |
| (ee) |
serially numbered invoices of goods sold for export; and |
| (ff) |
copies of Form A and all export documents (including transport documents). |
| (ii) |
An invoiced price is not acceptable as the ex-works price, and may be determined by the manager responsible for the administration of the rules of origin section in Head Office in consultation with the manager responsible for the administration of the valuation section in Head Office, where— |
[Words preceding Rule 46A3.26(c)(ii)(aa) substituted by paragraph (ll) of Notice No. 1472 dated 22 December 2017]
| (aa) |
different terms apply, for example, CIF price; |
| (bb) |
a special price has been charged between associated companies, in which case the true price shall be established on the basis of the price charged to non-associated purchasers for similar goods; |
| (cc) |
goods are invoiced by manufacturers to purchasers at a net price, in which case any agent's commission shall be added when computing an ex-works price for the purpose of a percentage rule; |
| (dd) |
a discount has been granted subject to conditions, for example, payment to be made within six months of sale to a distributor, in which case it should be ignored when calculating the ex-works price; |
| (ee) |
any other instances where the invoiced price is not an ex-works price. |
| (c) |
For the purpose of compliance with the provisions of the enactments, the Controller must keep a copy of the certificate of origin Form A, and any supporting documentary evidence and any related export documents for at least three years after the date of entry of export of the goods concerned." |
| (c) |
By the substitution in rule 46A4.04 for paragraph (a) of the following paragraph: |
| "(a) |
every exporter and producer of GSP goods shall be registered and shall submit to the Commissioner a completed form DA 185 and the relevant annexure in the case of— |
| (i) |
an exporter, a completed Annexure DA 185.4A2 and exporter's application for registration (DA 46A1.02 incorporated in Section C thereof); and |
| (ii) |
a producer, Annexure DA 185.4A7;". |
| (k) |
By the insertion after Part 3 of the following: |
Statistics Act, 1999
