UK–India CETA Rules of Origin
How UK exporting businesses can qualify for preferential tariffs under the UK–India trade agreement
Register with HMRC
Under the UK-India Comprehensive Economic and Trade Agreement (CETA) a claim for preferential tariff treatment can be made by the importer on the basis of an origin declaration completed by a UK producer or exporter.
To do so, a UK producer or exporter must be registered with HMRC prior to completing origin declarations for exports under the UK-India CETA.
To register and more information:
If you have not registered with HMRC, your origin declarations will be rejected, and your importer will not be able to claim preference.
Overview
The UK-India Comprehensive Economic and Trade Agreement (CETA), henceforth known as the agreement, sets out terms for trade in goods and services between the United Kingdom and India. For UK exporters, the agreement offers significant opportunities to access the Indian market on more favourable terms, including reduced or 0 tariffs on qualifying goods.
To benefit from these tariff preferences, businesses must demonstrate that their goods meet the agreement’s rules of origin. These rules are essential for determining whether goods are eligible for preferential treatment and are set out in Chapter 3 of the agreement. Understanding and applying these rules correctly is critical for UK businesses that want to take full advantage of the agreement.
Understanding Rules of Origin
Rules of origin establish the economic nationality of goods. Under the agreement, they determine whether a good is considered to have been produced in the Parties to the agreement (the UK and India). Only goods that meet the agreement’s rules of origin qualify for preferential tariffs under the agreement. The rules are designed to ensure that the benefits of the agreement go to producers in the UK and India, rather than to goods that are simply transhipped through either country without undergoing substantial transformation. They also help customs authorities verify claims and prevent misuse of the agreement.
There are 3 main ways a good can qualify as originating under the agreement:
- It is wholly obtained or produced in the UK or India.
- It is made entirely from originating materials sourced from the UK or India.
- It is produced using non-originating materials but meets specific product-level rules known as Product-Specific Rules (PSRs).
Wholly Obtained or Produced Goods
Goods are considered wholly obtained when they are entirely sourced or produced within the territory of one or both parties as set out in Article 3.3. This category includes natural products such as minerals, agricultural produce, and fish, as well as goods derived from animals raised in the UK or India. For example, fresh fish caught in UK territorial waters (HS code 0302) would be considered wholly obtained (there are also rules on fish caught elsewhere by British vessels). Similarly, grapes harvested in India (HS code 0806) or iron ore extracted in either country (HS code 2601) would qualify under this rule.
This route is most relevant for businesses involved in agriculture, fisheries, and extractive industries, where the origin of the product is clear and traceable. It is also the simplest route to compliance because it avoids the complexity of mixed inputs or manufacturing processes. However, businesses must still keep accurate records to demonstrate that the goods were wholly obtained in the UK or India, as this is required by law. Customs authorities may request these records.
Goods Made Entirely from Originating Materials
A good may also qualify if it is manufactured in the UK or India using only materials that themselves meet the rules of origin. For goods to qualify in this way, every input used in the production process must be originating. For instance, a blended whisky or whiskey made in the UK (HS code 2208) using whiskies from multiple producers would qualify if the blending process takes place in the UK and all component whiskies are produced entirely in the UK using originating materials.
The final production of the good must take place in one of the parties, and the inputs must be traceable and documented to demonstrate their originating status. Businesses should maintain detailed records of suppliers and production processes to comply with the record keeping requirements set out in Article 3.24 of the agreement.
Goods Produced Using Non-Originating Materials
Many manufactured goods rely on imported inputs from third countries. Under the agreement such goods can still qualify for preferential treatment if they meet the relevant Product-Specific Rules (PSRs) set out in Annex 3A of the agreement. All goods have their own PSRs based on the Harmonised System (HS) nomenclatureopens www.wcoomd.org in a new tab (a standardised numerical method of classifying traded products). These rules can allow goods containing inputs from other countries to count as originating, if those inputs have undergone certain changes.
For example, a PSR may require production in the UK or India to involve a change in tariff classification (CTC), a minimum qualifying value content (QVC), or a specific production process. Some rules include both a CTC and QVC requirement.
For example, electric motors (HS code 8501) may qualify if all of the imported inputs undergo a change in tariff heading. This means that the final product cannot contain imported inputs classified under HS 8501 (although Article 3.9 of the agreement provides some limited flexibility on this). Or, as an alternative, at least 40 per cent of the final product’s value (depending on the method of calculation) must come from originating inputs or processing.
Similarly, tracksuits (HS code 6112) made from imported fabric (HS code 5512) may qualify if the manufacturing process results in a change from fabric to finished garments and the QVC requirement is met. These rules are designed to ensure that substantial transformation takes place and that the final product reflects meaningful economic activity in the UK or India.
Calculating Qualifying Value Content (QVC)
Where a QVC requirement applies, businesses must calculate the percentage of originating content in the final product. There are 2 methods available:
- The build-down method, based on subtracting the value of non-originating materials from the total value of the good;
- The build-up method, based on the value of originating materials.
Article 3.4 of the agreement sets out the concept of ex-works and Free on Board (FOB) pricing for the value of the good. Different QVC thresholds may apply depending on whether ex-works or FOB pricing is used. Article 3.5 of the agreement allows certain elements such as freight, insurance and taxes to be added to the value of originating materials or deducted from the value of non-originating materials.
Businesses must keep accurate records and be prepared to provide documentation if requested by customs authorities.
Cumulation
Cumulation means that originating materials from India or the UK can be used in production in the other party and treated as originating. This means that UK manufacturers can use originating materials from India in their production and the goods they produce can qualify for preferential treatment in the same way as if those materials originated from the UK, and vice versa. For example, a UK-made engine classified under HS code 8407 used in a vehicle assembled in India and classified under HS code 8703 can be treated as originating. Under the agreement, if all materials are originating and all processing has occurred in the UK and India, the good does not have to meet the PSR. If non-originating materials are used, the final product must meet the relevant PSR, but treating the UK-made engine as an originating material may make that easier. Cumulation supports integrated supply chains and makes it easier for businesses to meet origin requirements.
Operations That Do Not Confer Origin
The agreement specifies that certain minimal operations do not confer origin. These are set out in Article 3.7 and include, for example, changes of packaging, cleaning, affixing of labels, dilution without altering the characteristics of the good, and various 'simple' processes such as placing in bottles, sorting, assembly, mixing and testing. 'Simple', in this context, describes an activity which needs neither special skills nor machines, apparatus or equipment especially produced or installed to carry out the activity. Businesses should refer to the wording of Article 3.7 and relevant implementing legislation and ensure that their production processes go beyond these minimal operations. Article 3.7 of the agreement includes an anti-circumvention provision (paragraph 1(r)).
Proving Origin
Authentication
UK traders must register for authentication before completing any origin declarations. An overview of this process can be found in Annex 3D.
Under the agreement, before sending goods to India, UK traders need to register once with HMRC. HMRC will share a list of authenticated traders and registered email addresses with the customs authority of India.
Every time a UK trader declares the origin of their goods and sends a copy of the declaration to the Indian importer, they must copy in the customs authority of India to that same email. This allows the customs authority of India to check that the declaration was made out by an authenticated UK trader.
If the origin declaration fails the authenticity check, the UK trader is directed to the HMRC registration system to re-start the process.
Completing Origin Declarations
To claim preferential tariffs, exporters must provide proof that their goods meet the origin criteria. For UK exports to India, an origin declaration is required (completed by the exporter or producer), and an authentication process will apply. A template for the origin declaration is included at Annex 3B to the agreement and must be used.
The origin declaration must be in English and will be valid for at least 12 months from the date of completion.
Proof of origin can be submitted electronically or in paper form and must be accompanied by an invoice or commercial document that describes the goods in sufficient detail to identify them. Exporters must ensure that all documentation is accurate and complete. Customs authorities may request additional information or conduct verification checks.
Customs Procedures and Compliance
Customs authorities in both countries may verify origin claims in accordance with the verification article. For UK exports, HMRC may verify UK traders by requesting information or visiting the premises of the UK trader to verify the originating status of the good(s). If a claim is found to be incorrect, duties must be paid by the importer and penalties may apply.
Exporters and producers in the UK are required to keep all records related to the exportation of their good(s) for at least 5 years from the date of the origin declaration, including any information obtained from the supplier. UK exporters must be able to retrieve these records promptly if requested. Record-keeping requirements also apply to importers.
Non-Alteration
Goods must remain under customs control if they transit through a non-Party and must not undergo further processing outside the UK or India (see Article 3.14 of the agreement for permitted operations).
Claims for Preferential Tariff Treatment After Importation
If preferential treatment is not claimed at the time of import, importers may submit a claim for preferential tariff treatment after importation, provided the good would have qualified for preferential tariff treatment at the time of importation.
For UK exports to India, a claim may be made by the importer no later than one year after the date of importation, unless India specifies a longer time period in its laws and regulations.
The importer must make a claim in accordance with Article 3.15 and be able to provide a copy of the origin declaration to the Indian customs authority.
This provision offers flexibility for businesses who may have missed the opportunity to claim at the time of import.
Department for Business and Trade support
The Department for Business and Trade (DBT) helps businesses export, drives inward and outward investment, negotiates market access and trade agreements, and champions free trade. Helpful links, tools and services available from DBT and wider government include:
Export Support Service (ESS) team
Get support on how to do business abroad. You may also be eligible for 1-2-1 support from a local International Trade Adviser. Businesses in Wales can also access support from Business Walesopens businesswales.gov.wales in a new tab.
Export Support Service – International Markets (ESS-IM)
DBT's overseas in-market export support service for SMEs with high-export potential. Our International Market Advisers provide tailored support and market introduction information to new and current UK exporters looking to enter or expand into new markets. The service may be accessed globally with International Markets teams in South Asia, China, the Middle East, Africa, Eastern Europe, North America and Latin America.
Sign up to access free training on how to grow your international sales.
Information on finance and insurance for UK exports.
Trade and investment factsheetsopens www.gov.uk in a new tab
The latest statistics on trade and investment between the UK and individual overseas partners.
Overseas business risk profilesopens www.gov.uk in a new tab
Information for UK businesses on political, economic and security risks when trading overseas.
Foreign travel adviceopens www.gov.uk in a new tab
Advice and warnings about travel abroad, including entry requirements, safety and security, health risks and legal differences.
Check or report a trade barrier
If you encounter an issue when exporting to any country – report the issue and UK government officials will be able to assess the issue and consider the options we have open to addressing it as appropriate
Check how to export goodsopens www.check-duties-customs-exporting-goods.service.gov.uk in a new tab
Search for your specific product to find applicable tariffs for each market, explore rules of origin and step-by-step help on customs procedures
UK Integrated Online Tariffopens www.trade-tariff.service.gov.uk in a new tab
Check import duties and allows you to check the status of available tariff rate quotasopens www.trade-tariff.service.gov.uk in a new tab
Useful resources
Prior to export, you must be aware of local regulations and import conditions in India that apply to your goods or services. This can include tax considerations, labour laws, intellectual property rules, labelling and packaging regulations, among others.
To seek further information related to local regulations, business culture, or to find a local lawyer, translator, importer or distributor, you can use the following contacts:
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