Rules of Origin (India–Thailand), 2004 Rule 5 — Wholly produced or obtained
Rules of Origin (India–Thailand), 2004 · Wholly produced or obtained
Within the meaning of Rule 4(a), the following shall be considered as wholly produced or obtained in a Party :
(a)Plant and plant products harvested or grown, there;
(b)Live animals born and raised there;
(c)Products obtained from live animals referred to in paragraph (b) above;
(d)Products obtained by hunting, trapping, fishing, or aquaculture, conducted there;
(e)Minerals and other naturally occurring substances, not included in paragraph (a) to (d), extracted or taken from its soil, waters, seabed or beneath their seabed;
(f)Products taken from the water, seabed or beneath the seabed outside the territorial waters of a Party, provided that the Party has the rights to exploit such water, seabed and beneath the seabed in accordance with the United Nations Convention on the Law of the sea;
(g)Products of sea fishing and other marine products taken from outside its territory, by its vessels , ;
(h)Products processed and/or made on board its factory ships , , exclusively from products referred to in paragraph (g) above
(i)Articles collected there which can no longer perform their original purpose nor are capable of being restored or repaired and are fit only for disposal or recovery of parts of raw materials, or for recycling purposes ; and
(j)Products obtained or produced in a Party solely from products referred to in paragraphs (a) to (i) above. 1. Plant refers to all plant life including forestry products, fruits, flowers, vegetables, trees, seaweed and fungi. 2. Animals refer to all animal life, including mammals, birds, fish, crustaceans, worms, mollusks and reptiles. 3. Produce refer to those obtained from live animals without further processing, including milk, eggs, natural honey, and wool. 4. Includes minerals fuels, lubricants and related materials as well as mineral or metal ores. 5. "Vessels" shall refer to fishing vessels engaged in commercial fishing, registered in such country of the party and operated by a citizen or the citizen of the Party or partnership, corporation or association, duly registered in the country, at least 51 per cent of equity of which is owned by a citizen or citizens and/or Government of such Party or 75 per cent by citizen and/or Governments of the Parties. However the products taken from vessels, engaged in commercial fishing under Bilateral Agreements which provide for chartering/leasing of such vessels and/or sharing of catch between Party will also be eligible for preferential treatment. 6. In respect of vessels of factory ships operated by Government agencies, the requirements of flying the flag of the Party does not apply. 7. The term "Factory Ship" means any vessel, as defined, used for processing and/or making on board products exclusively for those products referred to in clause (f) of Rule 5. 8. This would cover all scrap and waste including scrap and waste resulting from manufacturing or processing operations or consumption in the same country, scrap, machinery, discarded packaging and all products that can no longer perform the purpose for which they were produced and are fit only for the recovery of raw materials. Such manufacturing or processing operations shall include all types of processing, not only industrial or chemical but also mining, agriculture, construction, refining, incineration and sewage treatment operations.
No case laws found for this provision yet.
Browse all case laws →No FAQs available for this provision yet.
Amendment History
No amendment records available for this provision.
Rules of Origin (India–Thailand), 2004 Rule 5 — Wholly produced or obtained