Asia pacific trade agreement (APTA) COO in case of TPA
This query is : Open
22 March 2021
We are importing material from China as follow:
Order is placed by us to Hongkong Dealer. The Hongkong dealer places order with China Dealer. The China dealer directly sends good to India from China. However in the above scenario, the Invoice on India is raised by Hongkong but the Certificate of origin has the name of China Dealer in 'Box 1-Consigner name' as the same is the manufacturing party and 'box 2 - Consignee name' has India's name. However the FTA benefit is being rejected by the custom authority on the ground that:
1. Box 1 - Consigner name should be same as the exporter name on the Invoice. However in our case the invoice is raised by Hongkong. But manufacturer is of China, Thus this arrangement of Third party trade is not accepted by custom
2. box 2- Consignee name should have 'to order' in case of Third party transaction. However as the same is not madatory the COO has Indian Company Name mentioned.
Thus in Third party trade scenario what should be the name specified in Box 1 and Box 2 which will be acceptable at customs?
Order is placed by us to Hongkong Dealer. The Hongkong dealer places order with China Dealer. The China dealer directly sends good to India from China. However in the above scenario, the Invoice on India is raised by Hongkong but the Certificate of origin has the name of China Dealer in 'Box 1-Consigner name' as the same is the manufacturing party and 'box 2 - Consignee name' has India's name. However the FTA benefit is being rejected by the custom authority on the ground that:
1. Box 1 - Consigner name should be same as the exporter name on the Invoice. However in our case the invoice is raised by Hongkong. But manufacturer is of China, Thus this arrangement of Third party trade is not accepted by custom
2. box 2- Consignee name should have 'to order' in case of Third party transaction. However as the same is not madatory the COO has Indian Company Name mentioned.
Thus in Third party trade scenario what should be the name specified in Box 1 and Box 2 which will be acceptable at customs?
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