¹[28. Prospective Restoration of Preferential Benefits.- (1) Where preferential treatment for a product has been denied by the Customs Administration of the importing Party prospectively or retrospectively, the exporter or producer or manufacturer may take recourse to the procedure in sub-rule (2) in respect of future exports to the importing Party.

(2) Such exporter or producer or manufacturer shall clearly demonstrate to the satisfaction of the competent authority of the exporting Party that the manufacturing conditions were modified so as to fulfil the origin requirements under these rules.

(3) The competent authority of the exporting Party shall inform the competent authority of the importing Party explaining the changes carried out by exporter or producer or manufacturer in the manufacturing conditions as a consequence of which the products fulfil the origin criterion.

(4) If necessary, the competent authority of the importing Party, shall within forty-five days from the date of the receipt of the said information under sub-rule (3), request for a verification visit to the producer's premises, for satisfying itself of the veracity the claims of the exporter or producer or manufacturer referred in sub-rule (2).

(5) The prospective restoration of preferential benefits would be granted by the competent authority of the importing Party, if the claim of the exporter or producers or manufacturer is established.

(6) If the competent authority of the importing and exporting Parties fail to agree on the fulfilment of the Rules of Origin subsequent to the modification of the manufacturing conditions, they may refer the matter to the Sub-committee established under the Agreement for a decision.]

Notes:

1. Inserted by the Notification No. 39/2022-Customs (N.T.) dated 30.04.2022.