Customs (Duties) (Amendment No. 5) Order 2018

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Published in Subsidiary Legislation Supplement
on 28 Dec 2018

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No. S 884

Customs Act

(CHAPTER 70)

Customs (Duties)
(Amendment No. 5) Order 2018

In exercise of the powers conferred by section 10(1) of the Customs Act, the Minister for Finance makes the following Order:

Citation and commencement

1. This Order is the Customs (Duties) (Amendment No. 5) Order 2018 and comes into operation on 30 December 2018.

Amendment of paragraph 4

2. Paragraph 4 of the Customs (Duties) Order (O 4) is amended —

(a)

by deleting the full‑stop at the end of sub‑paragraph (x) of sub‑paragraph (1) and substituting a semi‑colon, and by inserting immediately thereafter the following sub‑paragraph:

“(y)	any country that is a party to the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership and has ratified the Agreement.”;

(b)

by inserting, immediately after sub‑paragraph (4U), the following sub‑paragraph:

“(4V) Goods are deemed to have originated from and be consigned direct from any country mentioned in sub‑paragraph (1)(y) where they conform with the Rules of Origin set out in the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership.”;

(c)

by deleting the full‑stop at the end of sub‑paragraph (w) of sub‑paragraph (5) and substituting a semi‑colon, and by inserting immediately thereafter the following sub‑paragraph:

“(x)

where the goods are from an exporting country mentioned in sub‑paragraph (1)(y), a Certification of Origin that —

(i)

is issued within one year before the date of the claim;

(ii)

is —

(A)	for so long as the exporting country applies the arrangements under Annex 3‑A of the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership, issued by a competent authority or completed by an approved exporter in accordance with that Annex; or
(B)	in every other case, issued by the exporter, producer or importer of the goods; and

(iii)

specifies the applicable matters set out in the Twenty‑Fourth Schedule.”; and

(d)

by inserting, immediately after sub‑paragraph (7N), the following sub‑paragraph:

“(7O) A Certification of Origin under sub‑paragraph (5)(x) in respect of an importation of goods is not required where —

(a)	the value of the importation does not exceed US$1,000; and
(b)	the importation does not form part of a series of importations that may reasonably be considered to have been carried out or planned for the purpose of avoiding the submission of a Certification of Origin.”.

New Twenty-Fourth Schedule

3. The Customs (Duties) Order is amended by inserting, immediately after the Twenty‑Third Schedule, the following Schedule:

“TWENTY‑FOURTH SCHEDULE

Paragraph 4(5)(x)

MATTERs TO BE INCLUDED IN CERTIFICATION OF ORIGIN

1. Details of the certifier:

(a)	whether the certifier is the exporter, producer, importer or competent authority;
(b)	the name, telephone number and e‑mail address of the certifier; and
(c)	the address (including country) of the certifier.

2. Details relating to the exportation of the goods (unless the certifier is the producer and does not know the identity of the exporter):

(a)	the name, telephone number and e‑mail address of the exporter;
(b)	the address (including country) of the place of export of the goods in a country that has ratified the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership (called in this Schedule a CPTPP country).

3. Details relating to the production of the goods:

(a)

if there is only one producer:

(i)	the name, telephone number and e‑mail address of the producer; and
(ii)	the address (including country) of the place of production of the goods in a CPTPP country;

(b)

if there is more than one producer:

(i)	the statement “Various”; or
(ii)	the details relating to each producer specified in paragraph (a);

(c)

where any person wishes for the information required to remain confidential, the statement “Available upon request by the importing authorities”.

4. Details relating to the importation of the goods (if known to the certifier):

(a)	the name, telephone number and e‑mail address of the importer;
(b)	the address (including country) of the importer in a CPTPP country.

5. Details of the goods:

(a)	the description and HS tariff classification of the goods (to the 6‑digit level);
(b)	the invoice number for the exportation (if the certification of origin covers a single shipment and if known).

6. The rule of origin under which the goods qualify for the preferential rate.

7. Where the certification of origin applies to multiple shipments of identical goods, the period (not exceeding 12 months) of shipments that the certification of origin covers.

8. The date of the certification of origin and the signature of the certifier, accompanied by the following statement:

“I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.”

”.

[G.N. Nos. S 660/2009; S 349/2010; S 68/2011; S 658/2011; S 65/2012; S 98/2013; S 353/2013; S 551/2013; S 94/2014; S 263/2014; S 363/2014; S 843/2014; S 85/2015; S 369/2016; S 54/2017; S 551/2017; S 685/2017; S 735/2017; S 86/2018; S 390/2018; S 471/2018; S 575/2018]

Made on 22 November 2018.

TAN CHING YEE

Permanent Secretary,
Ministry of Finance,
Singapore.

[Customs 00107/65/V21; AG/LEGIS/SL/70/2015/2 Vol. 11]

(To be presented to Parliament under section 143(2) of the Customs Act).