Revised Laws of Saint Lucia (2021)

Schedule I

LIST OF CONDITIONS TO BE COMPLIED WITH AS PROVIDED UNDER ARTICLE 84 OF THE TREATY AND THE RULES REGARDING COMMUNITY ORIGIN

EXPLANATORY NOTE

(b)   RULES REGARDING COMMUNITY ORIGIN

For the purpose of determining the origin of goods under Article 84 of the Treaty and for the application of that Article and the List, the following Rules shall be applied.

RULE 1 – Interpretative Provisions

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   1.   In determining the place of production of marine products and goods produced therefrom, a vessel of a Member State shall be regarded as part of that State. In determining the place from which goods have been consigned, marine products taken from the sea or goods produced therefrom at sea shall be regarded as having been consigned from a Member State if they were taken by or produced in a vessel of a Member State and have been brought direct to the Community.

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   2.   For the purpose of these Rules a vessel shall be treated as a vessel of a Member State only if—

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      (a)     it is registered in a Member State;

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      (b)     it carries a complement (inclusive of the Master thereof) of which not less than three-fourths are nationals of Member States; and

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      (c)     it is majority owned and operated by –

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         (i)     nationals of Member States, or

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         (ii)     a Government of a Member State, or

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         (iii)     a statutory Corporation of a Member State

In this paragraph nationals of Member States shall have the same meaning as in paragraph 5 of Article 32 of this Treaty.

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   3.   ”Materials” includes raw materials, intermediate products, parts and components used in the process of production, repair, renovation or improvement of the goods.

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   4.   Energy, fuel, plant, machinery and tools used in the production, repair, renovation or improvement of goods within the Community and materials used in the maintenance of such plant, machinery and tools, shall be regarded as wholly produced within the Community when determining the origin of these goods.

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   5.   Goods other than those to which paragraph 1 of Rule 2 of these Rules applies shall not be treated as being of Community origin if they are produced by any operation or process which consists only of one or more of the following, whether or not there is a change of tariff heading—

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      (a)     operations to ensure the preservation of goods during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solution, removal of damaged parts, and like operations);

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      (b)     simple operations consisting of removal of dust, sifting or screening, sorting, grading, classifying, matching (including the making up of sets of articles), washing, painting and cutting up resulting in the mere reduction in size;

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         (c)     (i)     changes of packing;

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         (ii)     simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards and other simple packing operations;

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      (d)     affixing marks, labels or other like distinguishing signs on goods or their packaging;

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      (e)     simple mixing of materials imported from outside the Community or of undetermined origin if the characteristics of the goods as a whole are not essentially different from the characteristics of the materials which have been mixed;

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      (f)     operations which consist solely of welding, soldering, fastening, riveting, bolting and like operations, or otherwise putting together of all finished parts or components to constitute a finished product.

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   6.   ”Chapter” and “tariff heading” in article 84 or in this Schedule shall mean the Chapters and headings of the Harmonised Commodity Description and Coding System.

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   7.   For the purpose of sub-paragraph (f) of paragraph 5, the expression “finished parts or components” refers to those articles which are imported into the Community in a form or condition which does not require any further fabrication, change in shape or form, resulting in a change in identity or use or the application of permanent protective/decorative coating for the purposes of incorporation in the finished product.

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   8.   Paragraphs 5(f) and 7 in this Rule shall take effect one year after the entry into force of the amendment of this Schedule, pursuant to the decision of the Council at its Special Meeting in July 1990.

RULE 2 – Goods wholly produced within the Community

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   1.   The expression “wholly produced” when used with reference to goods means:

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      (a)     mineral products extracted from the ground within the Community;

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      (b)     vegetable products harvested within the Community;

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      (c)     live animals born and raised within the Community;

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      (d)     products obtained within the Community from live animals;

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      (e)     products obtained by hunting or fishing conducted within the Community;

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      (f)     marine products taken from the sea by a vessel of a Member State;

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      (g)     goods produced within the Community exclusively from one or both of the following –

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         (i)     goods referred to in sub-paragraphs (a) to (f) and (h) and (i) of this paragraph;

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         (ii)     goods containing no materials imported from outside the Community or of undetermined origin, or containing those materials but which would not be regarded as such under paragraph 1 of Rule 3; and shall be taken to include –

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      (h)     used articles fit only for the recovery of materials provided that they have been collected from users within the Community;

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      (i)     scrap and waste resulting from manufacturing operations within the Community.

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   2.   Wherever in paragraph 1 of Article 84 of this Treaty goods are required to be wholly produced, the use of small quantities of preservatives, vitamins, colouring and similar materials imported from outside the Community or of undetermined origin shall not affect their eligibility for Community treatment as wholly produced.

RULE 3 – Application of the criterion of substantial transformation

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   1.   Where materials containing any element imported from outside the Community meet the conditions specified in Article 84, those materials shall be regarded as containing no such element.

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   2.   For the purpose of Article 84–

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      (a)     the value of any materials imported from outside the Community shall be the customs value determined for them by the Customs Authority in the Member State where they were used in a process of production, less the amount of any transport costs incurred in transit through other Member States;

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      (b)     if the origin of any materials cannot be determined, such materials shall be deemed to have been imported from outside the Community;

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      (c)     the export price of the goods shall be the value accepted for this purpose by the Customs Authority in the Member State in which they were produced. It shall be based, mutatis mutandis, on the provision set out in sub-paragraph (a), but shall not include the amounts of transport and insurance costs incurred after the exportation of the goods.

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   3.   In the application of the List the conditions to be complied with other than a percentage value-added condition applicable to any goods shall be fulfilled in respect of the whole of the goods, excluding any packing.

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   4.   The expressions appearing in the columns headed “conditions to be complied with” in the List and set out below shall be applied in the following manner:

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      (a)     “produced from regional materials of” – the materials falling within the tariff headings or Chapters named may be used only if they qualify to be treated as of Community origin within the meaning of Article 84. This does not preclude the use of regional materials in an earlier stage of production;

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      (b)     “produced from materials of” and “produced from” – the materials named or designated as the case may be must be used in the condition in which they are described. This does not preclude the use of the materials in an earlier stage of production;

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      (c)     “produced from materials not included in” – the materials which fall in the tariff headings named may not be used if they are imported from outside the Community or are of undetermined origin;

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      (d)     “extraregional materials” shall mean materials imported from outside the Community or of undetermined origin;

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      (e)     “chemical transformation” shall mean the forming of the molecule of the finished product by –

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         (i)     the combination of 2 or more elements; or

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         (ii)     any modification of the structure of the molecule of a compound with the exception of ionisation and the addition or removal of water of crystallisation.

RULE 4 – Unit of Qualification

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   1.   Each article in a consignment shall be considered separately.

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   2.   For the purposes of paragraph 1 of this Rule –

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      (a)     where the Harmonised Commodity Description and Coding System specifies that a group, set or assembly of articles is to be classified within a single heading, such a group, set or assembly shall be treated as one article;

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      (b)     tools, parts and accessories which are imported with an article, and the price of which is included in that of the article or for which no separate charge is made, shall be considered as forming a whole with the article, provided that they constitute the standard equipment customarily included on the sale of articles of that kind;

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      (c)     in cases not within sub-paragraphs (a) and (b), goods shall be treated as a single article if they are so treated for purposes of assessing Customs duties by the importing Member State.

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   3.   An unassembled or disassembled article which is imported in more than one consignment because it is not feasible for transport or production reasons to import it in a single consignment shall, if the importer so requests, be treated as one article.

RULE 5 – Segregation of materials

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   1.   For those products or industries where it would be impracticable for the producer physically to segregate materials of similar character but different origin used in the production of goods, such segregation may be replaced by an appropriate accounting system, which ensures that no more goods received Community tariff treatment, than would have been the case, if the producer had been able physically to segregate the materials.

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   2.   Any such accounting system shall conform to such conditions as may be agreed upon by Member States concerned in order to ensure that adequate control measures will be applied.

RULE 6 – Treatment of repaired goods

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   1.   For the purposes of paragraph 4 of Article 84 goods shall be treated as having undergone a process of repair, renovation or improvement if the performance of such process within the Community does not result in a change of the form or character of the goods.

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   2.   The cost of repair, renovation or improvement shall refer to the cost of all materials which are used plus the costs involved in effecting the repair, renovation or improvement, excluding freight, other transport charges, insurance and other shipping costs.

RULE 7 – Treatment of Packing

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   1.   Where for purposes of assessing Customs duties a Member State treats goods separately from their packing, it may also, in respect of its imports consigned from another Member State, determine separately the origin or such packing.

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   2.   Where paragraph 1 of this Rule is not applied, packing of any sort shall be considered as forming a whole with the goods for the purposes only of the application of the percentage value-added conditions. No part of any packing required for the transport or storage of goods shall be considered as having been imported from outside the Community when determining the origin of the goods as a whole.

RULE 8 – Documentary Evidence

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   1.   A claim that goods shall be accepted as eligible for Community tariff treatment shall be supported by appropriate documentary evidence or origin and consignment. The evidence of origin shall consist of a certificate given by a Governmental authority or authorised body nominated by the exporting Member State and notified to the other Member States together with a declaration completed by the exporter of the goods.

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   2.   The governmental authority or the authorised body shall obtain a declaration as to the origin of the goods given by the last producer of the goods within the Community. The authority or body shall satisfy themselves as to the accuracy of the evidence provided; where necessary they shall require the production of additional information, and shall carry out any suitable check. If the authorities of the importing Member State so require, a confidential indication of the producer of the goods shall be given.

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   3.   Nominations of authorised bodies for the purpose of this Rule may be withdrawn by the exporting Member State if the need arises. Each Member State shall retain, in regard to its imports, the right of refusing to accept certificates from any authorised body which is shown to have repeatedly issued certificates in an improper manner, but such action shall not be taken without adequate prior notification to the exporting Member State of the grounds for dissatisfaction.

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   4.   In cases where the Member States concerned recognise that it is impracticable for the producer to make the declaration of origin specified in paragraph 2 of this Rule, the exporter may make that declaration in such form as those Member States may for the purpose specify.

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   5.   The certificate and declaration provided for in this Rule shall be in the form prescribed by COTED from time to time.

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   6.   COTED may decide that further or different provisions concerning evidence of origin or of consignment shall apply to particular categories of goods or classes or transactions.

RULE 9 – Verification of Evidence of Origin

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   1.   The importing Member State may as necessary require further evidence to support any declaration or certificate of origin furnished under Rule 8.

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   2.   The importing Member State shall not prevent the importer from taking delivery of the goods solely on the grounds that it requires such further evidence, but may require security for any duty or other charge which may be payable; provided that where goods are subject to any import restrictions or prohibitions, the stipulation for delivery under security shall not apply.

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   3.   Where, under paragraph 1 of this Rule, a Member State has required further evidence to be furnished, those concerned in another Member State shall be free to produce it to a governmental authority or an authorised body of the latter State, who shall, after thorough verification of the evidence, furnish an appropriate report to the importing Member State.

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   4.   Where it is necessary to do so by reason of its legislation, a Member State may prescribe that requests by the authorities of importing Member States for further evidence from those concerned in the Member State shall be addressed to a specified governmental authority, who shall after thorough verification of the evidence furnish an appropriate report to the importing Member State.

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   5.   If the importing Member State wishes an investigation to be made into the accuracy of the evidence which it has received it may make a request to that effect to the other Member State or States concerned.

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   6.   Information obtained under the provisions of this Rule by the importing Member State shall be treated as confidential.

RULE 10 – Application of the Safeguard Mechanism

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   1.   The information required pursuant to paragraph 4 of Article 84 shall be rendered in writing and shall be such as the Competent Authority may require.

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   2.   For the purposes of carrying out his investigations, the Secretary-General may seek such additional information as he considers to be relevant. Replies to the enquiries by the Secretary-General should be sent by telex, telefax or other similar means of communication.

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   3.   The Competent Authority shall ensure that no more extraregional materials are used in production for purposes of Common Market treatment than are authorised by the Secretary-General. The Competent Authority shall make available to the Governmental authority or authorised body nominated for his State under paragraph 1 of Rule 8 such information as may be necessary for this purpose.

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   4.   The Member States agree to cooperate fully with the Secretary-General in the foregoing provisions of this Rule.

RULE 11 – Sanctions

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   1.   Member States undertake to introduce legislation, making such provision as may be necessary for penalties against persons who, in their State, furnish or cause to be furnished a document which is untrue in a material particular in support of a claim in another Member State that goods should be accepted as eligible for Community tariff treatment. The penalties applicable shall be similar to those applicable in case of untrue declarations in regard to payment of duty on imports.

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   2.   A Member State may deal with the offence out of court, if it can be more appropriately dealt with by a compromise penalty or similar administrative procedure.

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   3.   A Member State shall be under no obligation to institute or continue court proceedings, or action under paragraph 2 of this Rule:

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      (a)     if it has not been requested to do so by the importing Member State to which the untrue claim was made; or

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      (b)     if, on the evidence available, the proceedings would not be justified.