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or higher; ethyl alcohol and other spirits, denatured, of any strength CC 23.02 Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, CC 8 HS Code Description Origin criterion milling or other working of cereals or of leguminous plants 2303.10 Residues of starch manufacture and similar residues CC, except from Chapters 7, 10 2303.20 Beet-pulp, bagasse and other waste of sugar manufacture СС, except from Chapter 12 2303.30 Brewing or distilling dregs and waste CC 2304.00 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soyabean oil CC 2305.00 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground-nut oil CC ex 23.06 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable or microbial fats or oils, other than those of heading 23.04 or 23.05; except for: CC 2306.20 Oil-cake and other solid residues resulting from the extraction of vegetable fats or oils of linseed СС, except from Chapter 12 2307.00 Wine lees; argol CC 2308.00 Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included in the HS nomenclature CC 24.02 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes CTH 24.03 Other manufactured tobacco and manufactured tobacco substitutes; “homogenised” or “reconstituted” tobacco; tobacco extracts and essences CTH 24.04 Products containing tobacco, reconstituted tobacco, nicotine, or tobacco or nicotine substitutes, intended for inhalation without combustion; other nicotine containing products intended for the intake of nicotine into the human body CTH 2710.19 Other petroleum oils and oils obtained from bituminous minerals (other than crude) and preparations not elsewhere specified or included in the HS nomenclature, containing CTSH or QVC 40% 9 HS Code Description Origin criterion by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than those containing biodiesel and other than waste oils 2711.11 Liquefied natural gas CC 2806.10 Hydrogen chloride (hydrochloric acid) CTH 2807.00 Sulphuric acid; oleum CTH 2815.11 Solid sodium hydroxide (caustic soda) CTH 2815.20 Potassium hydroxide (caustic potash) CTH 2817.00 Zinc oxide; zinc peroxide CTH 28.20 Manganese oxides CTH 2827.32 Other chlorides of aluminium CTH 2828.90 Other hypochlorites; chlorites; hypobromites CTH 2832.10 Sodium sulphites CTH 2833.22 Other sulphates of aluminium CTH 2835.31 Sodium triphosphate (sodium tripolyphosphate) CTH 2839.19 Other silicates of sodium CTH 2849.10 Carbides, whether or not chemically defined, of calcium CTH 2901.29 Other unsaturated acyclic hydrocarbons CTH 2902.11 Cyclohexane CTH 2902.42 m-Xylene CTH 2902.44 Mixed xylene isomers CTH 2902.50 Styrene CTH 2902.60 Ethylbenzene CTH 2902.70 Cumene CTH 2902.90 Other cyclic hydrocarbon CTH 29.03 Halogenated derivatives of hydrocarbons CTH 29.04 Sulphonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated CTH ex 29.05 Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives; except for: CTH 2905.43 Mannitol CTH, except from 38.24 10 HS Code Description Origin criterion 2905.44 D-glucitol (sorbitol) CTH, except from 38.24 2905.45 Glycerol CTH, except
from 15.11, 15.13 29.06 Cyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.07 Phenols; phenol-alcohols CTH 29.08 Halogenated, sulphonated, nitrated or nitrosated derivatives of phenols or phenol- alcohols CTH 29.09 Ethers, ether-alcohols, ether-phenols, ether- alcohol-phenols, alcohol peroxides, ether peroxides, acetal and hemiacetal peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.10 Epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three-membered ring, and their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 2911.00 Acetals and hemiacetals, whether or not with other oxygen function, and their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.12 Aldehydes, whether or not with other oxygen function; cyclic polymers of aldehydes; paraformaldehyde CTH 2913.00 Halogenated, sulphonated, nitrated or nitrosated derivatives of products of heading 29.12 CTH 29.14 Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.15 Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.16 Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.17 Polycarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their CTH 11 HS Code Description Origin criterion halogenated, sulphonated, nitrated or nitrosated derivatives ex 2918 Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives; except for: CTH 2918.11 Lactic acid, its salts and esters СС, except from Chapters 10, 11 2918.12 Tartaric acid СС, except from Chapter 8 2918.13 Salts and esters of tartaric acid СС, except from Chapter 8 2918.14 Citric acid СС, except from Chapters 10, 11 2918.15 Salts and esters of citric acid СС, except from Chapters 10, 11 2918.16 Gluconic acid, its salts and esters СС, except from Chapters 10, 11 29.19 Phosphoric esters and their salts, including lactophosphates; their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.20 Esters of other inorganic acids of non-metals (excluding esters of hydrogen halides) and their salts; their halogenated, sulphonated, nitrated or nitrosated derivatives CTH 29.21 Amine-function compounds CTH ex 29.22 Oxygen-function amino-compounds; except for: CTH 2922.41 Lysine and its esters; salts thereof CC 2922.42 Glutamic acid and its salts CC 29.23 Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined CTH 29.24 Carboxyamide-function compounds; amide- function compounds of carbonic acid CTH 29.25 Carboxyimide-function compounds (including saccharin and its salts) and imine-function compounds CTH 29.26 Nitrile-function compounds CTH 2927.00 Diazo-, azo- or azoxy-compounds CTH 12 HS Code Description Origin criterion 2928.00 Organic derivatives of hydrazine or of hydroxylamine CTH 29.29 Compounds with other nitrogen function CTH 29.30 Organo-sulphur compounds CTH 29.31 Other organo-inorganic compounds CTH 29.32 Heterocyclic compounds with oxygen hetero- atom(s) only CTH 29.33 Heterocyclic compounds with nitrogen hetero- at
om(s) only CTH 29.34 Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds CTH 29.35 Sulphonamides CTH 2939.80 Other alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives CTH 2942.00 Other organic compounds CTH 30.04 Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale CTH, except from 30.03, or QVC 40% 3102.10 Urea, whether or not in aqueous solution CTSH 3102.30 Ammonium nitrate, whether or not in aqueous solution CTSH ex 31.05 Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorus and potassium; other fertilisers; goods of Chapter 31 in tablets or similar forms or in packages of a gross weight not exceeding 10 kg; except for: CTSH 3105.10 Goods of Chapter 31 in tablets or similar forms or in packages of a gross weight not exceeding 10 kg QVC 50% 32.01 Tanning extracts of vegetable origin; tannins and their salts, ethers, esters and other derivatives CC 3207.40 Glass frit and other glass, in the form of powder, granules or flakes CTSH 13 HS Code Description Origin criterion 3401.11 Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use (including medicated products) CTSH or QVC 40% 3401.19 Other soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent CTSH or QVC 40% 3401.20 Soap in other forms CTSH or QVC 40% 3403.11 Preparations for the treatment of textile materials, leather, furskins or other materials CTH 3505.20 Glues CTSH 3601.00 Propellent powders CTH 3602.00 Prepared explosives, other than propellent powders CTH 3801.20 Colloidal or semi-colloidal graphite CTSH or QVC 40% 3801.30 Carbonaceous pastes for electrodes and similar pastes for furnace inings CTSH or QVC 40% 3801.90 Other preparations based on graphite or other carbon in the form of pastes, blocks, plates or other semi-manufactures CTSH or QVC 40% 38.02 Activated carbon; activated natural mineral products; animal black, including spent animal black CTH 3803.00 Tall oil, whether or not refined CTH 3804.00 Residual lyes from the manufacture of wood pulp, whether or not concentrated, desugared or chemically treated, including lignin sulphonates, but excluding tall oil of heading 38.03 CTH 38.05 Gum, wood or sulphate turpentine and other terpenic oils produced by the distillation or other treatment of coniferous woods; crude dipentene; sulphite turpentine and other crude para-cymene; pine oil containing alpha- terpineol as the main constituent CTH 38.08 Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant- growth regulators, disinfectants and similar CTH 14 HS Code Description Origin criterion products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers) 38.09 Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not
elsewhere specified or included in the HS nomenclature CTH 38.10 Pickling preparations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; soldering, brazing or welding powders and pastes consisting of metal and other materials; preparations of a kind used as cores or coatings for welding electrodes or rods CTH 38.11 Anti-knock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti- corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils CTH 38.12 Prepared rubber accelerators; compound plasticisers for rubber or plastics, not elsewhere specified or included in the HS nomenclature; anti-oxidising preparations and other compound stabilisers for rubber or plastics CTH 3813.00 Preparations and charges for fire- extinguishers; charged fireextinguishing grenades CTH 3814.00 Organic composite solvents and thinners, not elsewhere specified or included in the HS nomenclature; prepared paint or varnish removers CTH 38.15 Reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included in the HS nomenclature CTH 3816.00 Refractory cements, mortars, concretes and similar compositions, including dolomite ramming mix, other than products of heading 38.01 CTH 15 HS Code Description Origin criterion 3817.00 Mixed alkylbenzenes and mixed alkylnaphthalenes, other than those of heading 27.07 or 29.02 CTH 3818.00 Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics CTH 3819.00 Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals CTH 3824.10 Prepared binders for foundry moulds or cores CTSH or QVC 40% 3824.40 Prepared additives for cements, mortars or concretes CTSH or QVC 40% 3824.50 Non-refractory mortars and concretes CC 3824.60 Sorbitol other than that of subheading 2905.44 CTH, except from 29.05 38.27 Mixtures containing halogenated derivatives of methane, ethane or propane, not elsewhere specified or included in the HS nomenclature CTH 39.01 Polymers of ethylene, in primary forms CTH 39.02 Polymers of propylene or of other olefins, in primary forms CTH 39.03 Polymers of styrene, in primary forms CTH 39.04 Polymers of vinyl chloride or of other halogenated olefins, in primary forms CTH 39.05 Polymers of vinyl acetate or of other vinyl esters, in primary forms; other vinyl polymers in primary forms CTH 39.06 Acrylic polymers in primary forms CTH 39.07 Polyacetals, other polyethers and epoxide resins, in primary forms; polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms CTH 39.08 Polyamides in primary forms CTH 39.09 Amino-resins, phenolic resins and polyurethanes, in primary forms CTH 3910.00 Silicones in primary forms CTH 39.11 Petroleum resins, coumarone-indene resins, polyterpenes, polysulphides, polysulphones and other products specified in Note 3 to CTH 16 HS Code Description Origin criterion Chapter 39, not elsewhere specified or included in the HS nomenclature, in primary forms 39.12 Cellulose and its chemical derivatives, not elsewhere specified or included in the HS nomenclature, in primary forms CTH 39.13 Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or in
cluded in the HS nomenclature, in primary forms CTH 3914.00 Ion-exchangers based on polymers of headings 39.01 to 39.13, in primary forms CTH 40.02 Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 40.01 with any product of this heading, in primary forms or in plates, sheets or strip CTH 4012.11 Retreaded tyres of a kind used on motor cars (including station wagons and racing cars) CTSH or QVC 40% 4012.12 Retreaded tyres of a kind used on buses or lorries CTSH or QVC 40% 4012.13 Retreaded tyres of a kind used on aircraft CTSH or QVC 40% 4012.19 Other retreaded tyres CTSH or QVC 40% 4012.20 Used pneumatic tyres СTH, except from 40.11 4203.21 Gloves, mittens and mitts, specially designed for use in sports CTH 44.09 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V- jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed CTH 44.10 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances CTH 44.11 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances CTH 17 HS Code Description Origin criterion 4413.00 Densified wood, in blocks, plates, strips or profile shapes CTH 44.14 Wooden frames for paintings, photographs, mirrors or similar objects CTH 44.15 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood CTH 4416.00 Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves CTH 4417.00 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood CTH 44.18 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes CTH 44.19 Tableware and kitchenware, of wood CTH 44.20 Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling in Chapter 94 CTH 4421.10 Clothes hangers CTH 4421.91 Other articles of bamboo CTH 4421.99 Other articles of wood CTH 4808.40 Kraft paper, creped or crinkled, whether or not embossed or perforated CTH, except from 48.04, or QVC 40% 48.16 Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 48.09), duplicator stencils and offset plates, of paper, whether or not put up in boxes CTH, except from 48.09, or QVC 40% 48.18 Toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, serviettes, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres CTH, except from 4803.00, or QVC 40% 18 HS Code Description Origin criterion 4823.20 Filter paper and paperboard CTH, except from 4805.40, or QVC 40% 5006.00 Silk yarn and yarn spun from silk waste, put up for retail sale; silk-worm gut CTH, except from 5004.00, 5005.00 51.09 Yarn of wool or of fine animal hair, pu
t up for retail sale CTH, except from 51.06 – 51.08 52.07 Cotton yarn (other than sewing thread) put up for retail sale CTH, except from 52.05 – 52.06 5406.00 Man-made filament yarn (other than sewing thread), put up for retail sale CTH, except from 54.02, 54.03 55.11 Yarn (other than sewing thread) of man-made staple fibres, put up for retail sale CTH, except from 55.09, 55.10 Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted CC Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted CC 6308.00 Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale QVC 40% 6309.00 Worn clothing and other worn articles СС, except from Chapters 61, 62 64.01 Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes CTH, except uppers from 6406.10, 6406.90, whether or not attached to soles other than outer soles, or QVC 40% 64.02 Other footwear with outer soles and uppers of rubber or plastics CTH, except uppers from 6406.10, 6406.90, whether or not attached to soles other than outer soles, or QVC 40% 64.03 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather CTH, except uppers from 6406.10, 6406.90, whether or not attached to soles other than outer soles, or QVC 40% 64.04 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials CTH, except uppers from 6406.10, 6406.90, whether or not attached to soles other than outer soles, or QVC 40% 19 HS Code Description Origin criterion 64.05 Other footwear CTH, except uppers from 6406.10, 6406.90, whether or not attached to soles other than outer soles, or QVC 40% 67.04 Wigs, false beards, eyebrows and eyelashes, switches and the like, of human or animal hair or of textile materials; articles of human hair not elsewhere specified or included in the HS nomenclature CTH 7006.00 Glass of heading 70.03, 70.04 or 70.05, bent, edge-worked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials CTH, except from 70.03, 70.04, 70.05, or QVC 40% 7102.29 Other industrial diamonds CTSH 7102.39 Other non-industrial diamonds CTSH 7103.91 Otherwise worked rubies, sapphires and emeralds CTSH 7103.99 Otherwise worked other precious stones (other than diamonds) and semi-precious stones CTSH 7104.91 Other synthetic or reconstructed diamonds CTSH 7104.99 Other synthetic or reconstructed precious or semi-precious stones CTSH 72.08 Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated CTH 72.09 Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated CTH 72.10 Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated CTH, except from 72.08, 72.09, or QVC 40% 72.11 Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, not clad, plated or coated CTH, except from 72.08, 72.09, or QVC 40% 72.12 Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, clad, plated or coated CTH, except from 72.08 – 72.11, or QVC 40% 72.13 Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel CTH 72.
14 Other bars and rods of iron or non-alloy steel, not further worked than forged, hot-rolled, hot- CTH 20 HS Code Description Origin criterion drawn or hot-extruded, but including those twisted after rolling 72.15 Other bars and rods of iron or non-alloy steel CTH 72.16 Angles, shapes and sections of iron or non- alloy steel CTH 72.17 Wire of iron or non-alloy steel CTH 72.18 Stainless steel in ingots or other primary forms; semi-finished products of stainless steel CC 72.19 Flat-rolled products of stainless steel, of a width of 600 mm or more CC 72.20 Flat-rolled products of stainless steel, of a width of less than 600 mm CC 72.26 Flat-rolled products of other alloy steel, of a width of less than 600 mm CTH, except from 72.25 7303.00 Tubes, pipes and hollow profiles, of cast iron CC 73.04 Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel CC 73.05 Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross-sections, the external diameter of which exceeds 406.4 mm, of iron or steel CC 73.06 Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel CC 73.08 Structures (excluding prefabricated buildings of heading 94.06) and parts of structures (for example, bridges and bridge-sections, lock- gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel CC 73.10 Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 l, whether or not lined or heatinsulated, but not fitted with mechanical or thermal equipment CC 7311.00 Containers for compressed or liquefied gas, of iron or steel CC 21 HS Code Description Origin criterion 73.12 Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated CC 73.14 Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel CC 73.18 Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter-pins, washers (including spring washers) and similar articles, of iron or steel CC 7401.00 Copper mattes; cement copper (precipitated copper) CC 7402.00 Unrefined copper; copper anodes for electrolytic refining CC 74.03 Refined copper and copper alloys, unwrought CC 74.11 Copper tubes and pipes CTH 74.12 Copper tube or pipe fittings (for example, couplings, elbows, sleeves) CTH 7413.00 Stranded wire, cables, plaited bands and the like, of copper, not electrically insulated CTH 75.01 Nickel mattes, nickel oxide sinters and other intermediate products of nickel metallurgy CC 75.02 Unwrought nickel CC 76.04 Aluminium bars, rods and profiles CTH 76.05 Aluminium wire CTH 76.06 Aluminium plates, sheets and strip, of a thickness exceeding 0.2 mm CTH 76.07 Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness excluding any backing) not exceeding 0.2 mm CTH 76.10 Aluminium structures (excluding prefabricated buildings of heading 94.06) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminium plates, rods, profiles
, tubes and the like, prepared for use in structures CTH 76.12 Aluminium casks, drums, cans, boxes and similar containers (including rigid or CTH 22 HS Code Description Origin criterion collapsible tubular containers), for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 l, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment 80.01 Unwrought tin CC 8003.00 Tin bars, rods, profiles and wire CTH 8206.00 Tools of two or more of the headings 82.02 to 82.05, put up in sets for retail sale СС or QVC 50% ex 82.11 Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 82.08, and blades therefor; except for: CC 8211.10 Sets of assorted articles СС or QVC 50% 8215.10 Sets of assorted articles containing at least one article plated with precious metal СС or QVC 50% 8215.20 Other sets of assorted articles СС or QVC 50% 8215.91 Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butterknives, sugar tongs and similar kitchen or tableware plated with precious metal CC 8215.99 Other spoons, forks, ladles, skimmers, cake- servers, fish-knives, butterknives, sugar tongs and similar kitchen or tableware CC 84.07 Spark-ignition reciprocating or rotary internal combustion piston engines CTH, except from 84.09, or QVC 40% 84.08 Compression-ignition internal combustion piston engines (diesel or semi-diesel engines) CTH, except from 84.09, or QVC 40% 8411.11 Turbo-jets of a thrust not exceeding 25 kN CTSH or QVC 40% 8411.12 Turbo-jets of a thrust exceeding 25 kN CTSH or QVC 40% 8413.30 Fuel, lubricating or cooling medium pumps for internal combustion piston engines CTSH or QVC 40% 8415.20 Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated, of a kind used for persons, in motor vehicles CTSH or QVC 40% 8415.81 Other air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be CTSH or QVC 40% 23 HS Code Description Origin criterion separately regulated, incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps) 8415.82 Other air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated, incorporating a refrigerating unit CTSH or QVC 40% 8415.83 Other air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated, not incorporating a refrigerating unit CTSH or QVC 40% 8418.10 Combined refrigerator-freezers, fitted with separate external doors or drawers, or combinations thereof CTSH or QVC 40% 8418.21 Compression-type household refrigerators CTSH or QVC 40% 8418.29 Other refrigerators, household type CTSH or QVC 40% 8418.30 Freezers of the chest type, not exceeding 800 l capacity CTSH or QVC 40% 8418.40 Freezers of the upright type, not exceeding 900 l capacity CTSH or QVC 40% 8418.50 Other furniture (chests, cabinets, display counters, show-cases and the like) for storage and display, incorporating refrigerating or freezing equipment CTSH or QVC 40% 8418.61 Heat pumps other than air conditioning machines of heading 84.15 CTSH or QVC 40% 8419.39 Other dryers CTSH or QVC 40% 8419.89 Other
machinery, plant and equipment CTSH or QVC 40% 8421.23 Oil or petrol-filters for internal combustion engines CTSH or QVC 40% 8421.31 Intake air filters for internal combustion engines CTSH or QVC 40% 8424.41 Portable sprayers CTSH or QVC 40% 8425.11 Pulley tackle and hoists other than skip hoists or hoists of a kind used for raising vehicles, powered by electric motor CTH, except from 84.31, or QVC 50% 24 HS Code Description Origin criterion 8425.19 Other pulley tackle and hoists other than skip hoists or hoists of a kind used for raising vehicles CTH, except from 84.31, or QVC 50% 8428.20 Pneumatic elevators and conveyors CTH, except from 84.31, or QVC 50% 8428.31 Other continuous-action elevators and conveyors, for goods or materials, specially designed for underground use CTH, except from 84.31, or QVC 50% 8428.32 Other bucket type continuous-action elevators and conveyors, for goods or materials CTH, except from 84.31, or QVC 50% 8428.33 Other belt type continuous-action elevators and conveyors, for goods or materials CTH, except from 84.31, or QVC 50% 8428.39 Other continuous-action elevators and conveyors, for goods or materials CTH, except from 84.31, or QVC 50% 8428.60 Teleferics, chair-lifts, ski-draglines; traction mechanisms for funiculars CTH, except from 84.31, or QVC 50% 8428.70 Industrial robots CTH, except from 84.31, or QVC 50% 8428.90 Other machinery CTH, except from 84.31, or QVC 50% 8429.11 Track laying bulldozers and angledozers CTH, except from 84.31, or QVC 50% 8430.10 Pile-drivers and pile-extractors CTH, except from 84.31, or QVC 50% 8430.31 Self-propelled сoal or rock cutters and tunnelling machinery CTH, except from 84.31, or QVC 50% 8430.39 Other сoal or rock cutters and tunnelling machinery CTH, except from 84.31, or QVC 50% 8430.41 Other self-propelled boring or sinking machinery CTH, except from 84.31, or QVC 50% 8430.61 Tamping or compacting machinery, not self- propelled CTH, except from 84.31, or QVC 50% 8430.69 Other machinery, not self-propelled CTH, except from 84.31, or QVC 50% 84.56 Machine-tools for working any material by removal of material, by laser or other light or photon beam, ultrasonic, electro-discharge, electro-chemical, electron beam, ionic-beam or plasma arc processes; water-jet cutting machines CTH, except from 84.66, or QVC 50% 25 HS Code Description Origin criterion 8458.91 Other lathes, numerically controlled CTH, except from 84.66, or QVC 50% 8458.99 Other lathes CTH, except from 84.66, or QVC 50% 8459.61 Other milling machines, numerically controlled CTH, except from 84.66, or QVC 50% 8459.69 Other milling machines CTH, except from 84.66, or QVC 50% 8460.22 Centreless grinding machines, numerically controlled CTH, except from 84.66, or QVC 50% 8460.23 Other cylindrical grinding machines, numerically controlled CTH, except from 84.66, or QVC 50% 8460.24 Other grinding machines, numerically controlled CTH, except from 84.66, or QVC 50% 8460.29 Other grinding machines CTH, except from 84.66, or QVC 50% 8461.20 Shaping or slotting machines CTH, except from 84.66, or QVC 50% 8461.30 Broaching machines CTH, except from 84.66, or QVC 50% 8461.40 Gear cutting, gear grinding or gear finishing machines CTH, except from 84.66, or QVC 50% 8461.50 Sawing or cutting-off machines CTH, except from 84.66, or QVC 50% 8462.11 Closed die forging machines CTH, except from 84.66, or QVC 50% 8462.19 Other hot forming machines for forging, die forging (including presses) and hot hammers CTH, except from 84.66, or QVC 50% 8462.23 Numerically controlled press brakes CTH, except from 84.66, or QVC 50% 84
62.24 Numerically controlled panel benders CTH, except from 84.66, or QVC 50% 8462.26 Other numerically controlled bending, folding, straightening or flattening machines CTH, except from 84.66, or QVC 50% 8462.32 Slitting lines and cut-to-length lines CTH, except from 84.66, or QVC 50% 8462.61 Hydraulic presses CTH, except from 84.66, or QVC 50% 8462.63 Servo-presses CTH, except from 84.66, or QVC 50% 26 HS Code Description Origin criterion 84.63 Other machine-tools for working metal or cermets, without removing material CTH, except from 84.66, or QVC 50% 84.64 Machine-tools for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass CTH, except from 84.66, or QVC 50% 84.65 Machine-tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials CTH, except from 84.66, or QVC 50% 84.70 Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers CTH, except from 84.73, or QVC 50% 84.71 Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included in the HS nomenclature CTH, except from 84.73, or QVC 50% 84.72 Other office machines (for example, hectograph or stencil duplicating machines, addressing machines, automatic banknote dispensers, coin-sorting machines, coin- counting or wrapping machines, pencil- sharpening machines, perforating or stapling machines) CTH, except from 84.73, or QVC 50% 8501.20 Universal AC/DC motors of an output exceeding 37.5 W CTH, except from 8503.00, or QVC 50% 8501.32 Other DC motors, DC generators, other than photovoltaic generators, of an output exceeding 750 W but not exceeding 75 kW CTH, except from 8503.00, or QVC 50% 8501.33 Other DC motors, DC generators, other than photovoltaic generators, of an output exceeding 75 kW but not exceeding 375 kW CTH, except from 8503.00, or QVC 50% 8501.34 Other DC motors, DC generators, other than photovoltaic generators, of an output exceeding 375 kW CTH, except from 8503.00, or QVC 50% 8501.40 Other AC motors, single-phase CTH, except from 8503.00, or QVC 50% 27 HS Code Description Origin criterion 8501.61 AC generators (alternators), other than photovoltaic generators, of an output not exceeding 75 kVA CTH, except from 8503.00, or QVC 50% 8501.62 AC generators (alternators), other than photovoltaic generators, of an output exceeding 75 kVA but not exceeding 375 kVA CTH, except from 8503.00, or QVC 50% 8501.63 AC generators (alternators), other than photovoltaic generators, of an output exceeding 375 kVA but not exceeding 750 kVA CTH, except from 8503.00, or QVC 50% 8501.64 AC generators (alternators), other than photovoltaic generators, of an output exceeding 750 kVA CTH, except from 8503.00, or QVC 50% 8501.71 Photovoltaic DC generators of an output not exceeding 50 W CTH, except from 8503.00, or QVC 50% 8501.72 Photovoltaic DC generators of an output exceeding 50 W CTH, except from 8503.00, or QVC 50% 8501.80 Photovoltaic AC generators CTH, except from 8503.00, or QVC 50% 8502.31 Other generating sets, wind-powered CTH, except from 8503.00, or QVC 50% 8502.39 Other generating sets CTH, except from 8503.00, or QVC 50% 8502.40 Electric rotary converters CTH, except fr
om 8503.00, or QVC 50% 8504.31 Other transformers having a power handling capacity not exceeding 1 kVA CTSH or QVC 40% 8505.11 Permanent magnets and articles intended to become permanent magnets after magnetisation of metal CTSH or QVC 40% 8506.10 Manganese dioxide CTSH or QVC 40% 8507.10 Lead-acid electric accumulators, of a kind used for starting piston engines CTSH or QVC 40% 8507.20 Other lead-acid accumulators CTSH or QVC 40% 8507.30 Nickel-cadmium electric accumulators CTSH or QVC 40% 8507.80 Other accumulators CTSH or QVC 40% 8508.11 Vacuum cleaners with self-contained electric motor, of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l CTSH or QVC 40% 8509.80 Other appliances CTSH or QVC 40% 28 HS Code Description Origin criterion 8510.10 Shavers CTSH or QVC 40% 8510.20 Hair clippers CTSH or QVC 40% ex 85.11 Electrical ignition or starting equipment of a kind used for spark-ignition or compression- ignition internal combustion engines (for example, ignition magnetos, magneto- dynamos, ignition coils, sparking plugs and glow plugs, starter motors); generators (for example, dynamos, alternators) and cut-outs of a kind used in conjunction with such engines; except for: CTSH or QVC 40% 8511.90 Parts CTH ex 85.12 Electrical lighting or signalling equipment (excluding articles of heading 85.39), windscreen wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; except for: CTSH or QVC 40% 8512.90 Parts CTH 8513.10 Lamps CTSH or QVC 40% 8516.21 Storage heating radiators CTSH or QVC 40% 8516.40 Electric smoothing irons CTSH or QVC 40% 8516.71 Coffee or tea makers CTSH or QVC 40% 8516.79 Other electro-thermic appliances CTSH or QVC 40% 8517.18 Other telephone sets CTSH or QVC 40% 8517.69 Other apparatus for transmission or reception of voice, images or other data CTSH or QVC 40% 8518.21 Single loudspeakers, mounted in their enclosures CTSH or QVC 40% 8518.22 Multiple loudspeakers, mounted in the same enclosure CTSH or QVC 40% 8518.29 Other loudspeakers CTSH or QVC 40% 8518.40 Audio-frequency electric amplifiers CTSH or QVC 40% 8518.50 Electric sound amplifier sets CTSH or QVC 40% 85.19 Sound recording or reproducing apparatus CTH, except from 85.22, or QVC 50% 8521.90 Other video recording or reproducing apparatus, whether or not incorporating a video tuner CTH, except from 85.22, or QVC 50% 29 HS Code Description Origin criterion 8524.11 Flat panel display modules, whether or not incorporating touch-sensitive screens, without drivers or control circuits, of liquid crystals CTH, except from 85.29, or QVC 50% 8524.12 Flat panel display modules, whether or not incorporating touch-sensitive screens, without drivers or control circuits, of organic light- emitting diodes (OLED) CTH, except from 85.29, or QVC 50% 8524.19 Other flat panel display modules, whether or not incorporating touch-sensitive screens, without drivers or control circuits CTH, except from 85.29, or QVC 50% 8524.99 Other flat panel display modules, whether or not incorporating touch-sensitive screens CTH, except from 85.29, or QVC 50% 8525.50 Transmission apparatus CTH, except from 85.29, or QVC 50% 8525.60 Transmission apparatus incorporating reception apparatus CTH, except from 85.29, or QVC 50% 8525.81 High-speed goods as specified in Subheading Note 1 to Chapter 85 CTH, except from 85.29, or QVC 50% 8525.83 Other, night vision goods as specified in Subheading Note 3 to Chapter 85 CTH, except from 85.29, or QVC 50% 8526.92 Radio remote control apparatus CTH, except from 85.29, or QVC 50% 8527.91 O
ther reception apparatus for radio- broadcasting, сombined with sound recording or reproducing apparatus CTH, except from 85.29, or QVC 50% 8527.92 Other reception apparatus for radio- broadcasting, not combined with sound recording or reproducing apparatus but combined with a clock CTH, except from 85.29, or QVC 50% 8527.99 Other reception apparatus for radio- broadcasting CTH, except from 85.29, or QVC 50% 8528.42 Cathode-ray tube monitors capable of directly connecting to and designed for use with an automatic data processing machine of heading 84.71 CTH, except from 85.29, or QVC 50% 8528.52 Other monitors capable of directly connecting to and designed for use with an automatic data processing machine of heading 84.71 CTH, except from 85.29, or QVC 50% 8528.62 Projectors capable of directly connecting to and designed for use with an automatic data processing machine of heading 84.71 CTH, except from 85.29, or QVC 50% 30 HS Code Description Origin criterion 8536.20 Automatic circuit breakers CTH, except from 85.38, or QVC 50% 8536.61 Lamp-holders CTH, except from 85.38, or QVC 50% 8536.70 Connectors for optical fibres, optical fibre bundles or cables CTH, except from 85.38, or QVC 50% 8543.70 Other machines and apparatus CTSH or QVC 40% 8544.11 Winding wire of copper CC 8544.19 Other winding wire CC 8544.20 Co-axial cable and other co-axial electric conductors CC 8544.30 Ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships CC 8544.42 Other electric conductors, for a voltage not exceeding 1,000 V, fitted with connectors CC 8544.49 Other electric conductors, for a voltage not exceeding 1,000 V CC 8544.60 Other electric conductors, for a voltage exceeding 1,000 V CC Chapter 89 Ships, boats and floating structures CC Chapter 91 Clocks and watches and parts thereof QVC 50% Chapter 93 Arms and ammunition; parts and accessories thereof CTH 9605.00 Travel sets for personal toilet, sewing or shoe or clothes cleaning QVC 50% ANNEX 3 CERTIFICATE OF ORIGIN 1. Exporter/Consignor (business name, address and country) 4. No. ________ EAEU-INDONESIA FTA Certificate of Origin Form EAI Issued in __________________________________ (country) For submission to __________________________________ (country) 2. Importer/Consignee (business name, address and country) 3. Means of transport and route (as far as known) 5. For official use 6. Item No. 7. Numb er and kind of packages 8. Descripti on of goods 9. Origin criterion 10. Quanti ty of goods 11. Number and date of invoice 12. Certification It is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct. Place Date Signature Stamp 13. Declaration by the applicant The undersigned hereby declares that the above details are correct, that all goods were produced in _______________________________ (country) and that they comply with the rules of origin as provided for in Chapter 3 (Rules of Origin) of the EAEU- Indonesia FTA Place Date Signature Stamp 2 Additional Sheet of Certificate of Origin (Form EAI) No. ___ 6. Item No. 7. Number and kind of packages 8. Descripti on of goods 9. Origin criterion 10. Quantity of goods 11. Number and date of invoice 12. Certification It is hereby certified, on the basis of control carried out, that the declaration by the applicant is correct. Place Date Signature Stamp 13.
Declaration by the applicant The undersigned hereby declares that the above details are correct, that all goods were produced in _____________________________ (country) and that they comply with the rules of origin as provided for in Chapter 3 (Rules of Origin) of the EAEU- Indonesia FTA Place Date Signature Stamp 3 Instructions for Completing Certificate of Origin (Form EAI) The Certificate of Origin shall contain the minimum data required in boxes 1, 2, 4, 7, 8, 9, 10, 11, 12, 13. Unused spaces in boxes 6-11 shall be crossed out to prevent any subsequent addition, unless the Certificate of Origin is issued in electronic format without being made on paper. The Certificate of Origin may also contain additional data, including information to enable interested person to verify it through the web-database referred to in Article 3.31 (Use of Web-Databases) (such as URL link, QR code, etc.). If all goods covered by the Certificate of Origin cannot be listed on one page, additional sheets set out in this Annex shall be used. Box 1: Enter details of the exporter (obligatory) and consignor (if known): business name, address and country. Box 2: Enter details of the importer (obligatory) and consignee (if known): business name, address and country. Box 3: Enter details of transportation, as far as known, such as departure (shipment) date; means of transport (vessel, aircraft, etc.); place (port, airport) of discharge. Box 4: Enter details of unique reference number, issuing country and country to be submitted to. Box 5: Enter the words: “DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER___DATE___” in case of theft, loss or destruction of the original Certificate of Origin. “ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER___DATE___” in case of substitution of Certificate of Origin due to accidental errors or omissions made. “ISSUED ON THE BASIS OF THE CERTIFICATE(S) OF ORIGIN NUMBER(S)___DATE(S)___” in case of transportation of originating goods between the Parties which have not undergone any working or processing. “ISSUED RETROACTIVELY” or “ISSUED RETROSPECTIVELY” in case of issuance of Certificate of Origin after the time of exportation. Box 6: Enter the item number. 4 Box 7: Enter the number and kind of packages. Box 8: Enter the detailed description of goods and, if applicable, model and brand name in such a way as to enable them to be identified. If the goods covered by the Certificate of Origin originating in different Parties, the origin of each item shall be indicated (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the Republic of Indonesia). Box 9: Enter the origin criteria for all goods in the manner shown in the following table: Origin criterion Insert in Box 9 Goods wholly obtained or produced in the Party as provided for in Article 3.4 (Wholly Obtained or Produced Goods) WO Goods produced in the Party exclusively from materials originating in one or more Parties PE Goods produced in the Party using non-originating materials provided that qualifying value content is not less than 40 (forty) per cent of the FOB value QVC Goods produced in the Party using non-originating materials provided that such materials have undergone at least a change in tariff heading level of the HS CTH Goods produced in the Party using non-originating materials and satisfy specific origin criterion set out in Annex 2 (Product Specific Rules) PSR Box 10: Enter the quantity of goods: gross weight (kg) or other measurement (pcs, liters etc.).
Box 11: Enter the invoice number(s) and date(s) of invoice(s) submitted to an authorised body for the issuing of the Certificate of Origin. In cases where invoices are issued by a person registered in a non-Party to this Agreement, the words “TCI” (Third Country Invoicing) together with the following information shall be indicated: a) invoice number(s) and date(s) (if such information is available at the time of issuance of the Certificate of Origin); or 5 b) name of the non-Party to this Agreement and person that will issue the invoice. Nevertheless, where the origin of the goods is not in doubt, the absence of the “TCI” related information provided for in this Box shall not in itself constitute a reason for denial of preferential tariff treatment. Box 12: Enter the place and date of issuance of the Certificate of Origin signature of an authorised signatory and seal of the authorised body. However, signature of the authorised signatory and seal of the authorised body may not be indicated in this box, if the Certificate of Origin is issued in electronic format without being made on paper. Box 13: Enter the origin of goods (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the Republic of Indonesia), place and date of declaration, signature and seal of the applicant. However, signature and seal of the applicant may not be indicated in this box, if the Certificate of Origin is issued in electronic format without being made on paper. If the goods covered by the Certificate of Origin originating in different Parties, the words “See box 8” shall be indicated. For the purposes of the Certificate of Origin (Form EAI), “the EAEU-Indonesia FTA” means the Free Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and the Republic of Indonesia, of the other part. ANNEX 4 DECLARATION OF ORIGIN «The exporter of the goods covered by this document _______1 declares that, except where otherwise clearly indicated, these goods are of __________2 preferential origin in accordance with the Rules of Origin under the EAEU-Indonesia Free Trade Agreement. _____________________________________3» (Name of the signatory, signature, date) Notes: 1. The information about the exporter must be entered in this space. If the Declaration of Origin is completed by an approved exporter pursuant to Article 3.22 (Approved Exporter), the authorisation number of the approved exporter must be entered. If the Declaration of Origin is not completed by an approved exporter, the business name of the exporter of goods in accordance with accompanying documents must be entered. 2. The origin of goods must be indicated in this space (the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation or the Republic of Indonesia). The use of ISO-3166 codes is permitted (AM, BY, KZ, KG, RU or ID). Reference may be made to a specific column of the invoice in which the origin of each item is referred to. 3. The full name of the signatory, signature and date the Declaration of Origin was made to be indicated. When the Declaration of Origin is made out by an approved exporter pursuant to Article 3.22 (Approved Exporter) the indication of signature may be omitted.
ANNEX 5 OFFICIAL WEBSITES OF THE COMPETITION AUTHORITIES ACCORDING TO ARTICLE 11.5 (TRANSPARENCY) For the Eurasian Economic Union: https://eec.eaeunion.org/en/comission/direction/caa/ For the Republic of Armenia: https://competition.am/en/ For the Republic of Belarus: https://www.mart.gov.by/# For the Republic of Kazakhstan: https://www.gov.kz/memleket/entities/zk?lang=en For the Kyrgyz Republic: https://antimonopolia.gov.kg/ For the Russian Federation: https://en.fas.gov.ru/ For the Republic of Indonesia: https://www.kppu.go.id ANNEX 6 RULES OF PROCEDURE FOR ARBITRATION General provisions 1. The definitions in Chapter 12 (Dispute Settlement) shall apply to this Annex. In addition, for the purposes of this Annex and Annex 7 (Code of Conduct for Arbitrators): “adviser” means a person retained by a disputing Party to advise or assist that Party in connection with the arbitration panel proceeding; “assistant” means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator; “candidate” means an individual who is under consideration for selection as an arbitrator under Article 12.8 (Composition and Establishment of the Arbitration Panel); “representative” means an employee or any person appointed by a government department, an agency or any other public entity of a disputing Party who represents that Party for the purposes of a dispute under this Agreement; and “staff”, in respect of an arbitrator, means any person under the direction and control of the arbitrator, other than an assistant. 2. This Annex shall apply to dispute settlement proceedings under Chapter 12 (Dispute Settlement), unless the Parties agree otherwise. 3. The complaining Party shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. Notifications 4. The disputing Parties and the arbitration panel shall transmit simultaneously to the relevant parties any request, notice, written submission or other document by e-mail, with a paper copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, an e-mail message shall be deemed to be received on the same date of its sending. 2 5. All notifications shall be addressed to the relevant contact points of the disputing Parties, as designated under Article 14.5 (Contact Points). 6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may, unless the other disputing Party objects, be corrected by delivery, in accordance with Rules 4 and 5 of this Annex, of a new document clearly indicating the changes. 7. If the last day for delivery of a document falls on an official public holiday of either disputing Party, the document shall be delivered on the next business day. Commencing the arbitration 8. Unless the disputing Parties agree otherwise, they shall meet the arbitration panel within 7 (seven) days of its establishment in order to determine such matters that the disputing Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators. Initial written submissions 9. The complaining Party shall deliver its written submission no later than 21 (twenty-one) days after the date of establishment of the arbitration panel.
The Party complained against shall deliver its written submission no later than 21 (twenty-one) days after the date of delivery of the complaining Party’s written submission. Working of arbitration panels 10. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions. 11. Unless otherwise provided in Chapter 12 (Dispute Settlement), the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links. 12. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations. 13. It shall be the exclusive responsibility of the arbitration panel to consider all the issues raised during the proceedings and draft any decision, and this responsibility shall not be delegated. 3 14. Where a procedural question arises that is not covered by Chapter 12 (Dispute Settlement) or Annexes 6 (Rules of Procedure for Arbitration) and 7 (Code of Conduct for Arbitrators), including in case of urgency, the arbitration panel, after consulting the disputing Parties, may adopt an appropriate procedure that is compatible with those provisions. 15. When the arbitration panel considers that there is a need to modify any time limit or procedure covered by Chapter 12 (Dispute Settlement) or Annexes 6 (Rules of Procedure for Arbitration) and 7 (Code of Conduct for Arbitrators), it shall inform the disputing Parties in writing of the reasons for the modification recommended. The disputing Parties may mutually agree to modify any time limit or procedure. Replacement of Arbitrators 16. If an arbitrator is unable to participate in the proceeding, withdraws or must be replaced, a replacement shall be selected in accordance with Article 12.8 (Composition and Establishment of the Arbitration Panel). 17. Where a disputing Party considers that an arbitrator does not comply with the requirements of paragraph 6 of Article 12.8 (Composition and Establishment of the Arbitration Panel) or Annex 7 (Code of Conduct for Arbitrators), and for this reason should be replaced, this Party should notify the other disputing Party within fifteen (15) days from the time at which it came to know of the circumstances underlying the arbitrator’s non-compliance. 18. Where a disputing Party considers that an arbitrator other than the chairperson does not comply with the requirements of paragraph 6 of Article 12.8 (Composition and Establishment of the Arbitration Panel) or Annex 7 (Code of Conduct for Arbitrators), the disputing Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 12.8 (Composition and Establishment of the Arbitration Panel). 19. If the disputing Parties fail to agree on the need to replace an arbitrator, any disputing Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final. 20. Where a disputing Party considers that the chairperson of the arbitration panel does not comply with the requirements of paragraph 3 and 6 of Article 12.8 (Composition and Establishment of the Arbitration Panel) or Annex 7 (Code of Conduct for Arbitrators), the disputing Parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 12.8 (Composition and Establishment of the Arbitration Panel). 4 21.
The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided in Rules 16 through 20 of this Annex. Hearings 22. The chairperson shall fix the date and time of the hearing in consultation with the disputing Parties and the other arbitrators, and confirm this in writing to the disputing Parties. Unless a disputing Party disagrees, the arbitration panel may decide not to convene a hearing. 23. The venue for the arbitration proceedings including hearings shall be decided by mutual agreement of the disputing Parties. If there is no agreement, the venues shall alternate between the capitals of the disputing Parties with the first hearing to be held in the capital of the responding Party. If the Eurasian Economic Union acts as a disputing Party in accordance with the provisions of the Chapter 12 (Dispute Settlement), the respective alternate hearings shall be held in Moscow, Russian Federation. 24. The arbitration panel may convene additional hearings if the disputing Parties so agree. 25. All arbitrators shall be present during the entirety of any hearings. 26. The following persons may attend the hearing: (a) representatives of the disputing Parties; (b) advisers to the disputing Parties; (c) administrative staff, interpreters, translators and court reporters; (d) experts and (e) arbitrators’ assistants. Only the representatives of and advisers to the disputing Parties may address the arbitration panel. 27. No later than three (3) days before the date of a hearing, each disputing Party shall deliver to the arbitration panel, and simultaneously to the other disputing Party, a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing. 5 28. The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time: Submissions (a) submission of the complaining Party; (b) submission of the Party complained against; Rebuttals (a) rebuttal of the complaining Party; (b) counter-rebuttal of the Party complained against. 29. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the disputing Parties. 30. With the agreement of the arbitration panel, a disputing Party may submit a supplementary written submission responding to any matter that arose during the hearing. The other disputing Party shall also be given the opportunity to provide written comments on any such supplementary written submission. 31. The arbitration panel may at any time during the proceedings address questions to one or both disputing Parties. Questions in writing 32. The arbitration panel may at any time during the proceedings address questions in writing to one or both disputing Parties. Each of the disputing Parties shall receive a copy of any questions put by the arbitration panel. 33. Each disputing Party shall also provide a copy of its written response to the arbitration panel’s questions to the arbitration panel and simultaneously to the other disputing Party. Each disputing Party shall be given the opportunity to provide written comments on the other disputing Party’s reply within seven (7) days of the date of receipt. Confidentiality 34.
The disputing Parties and their advisers and representatives, all arbitrators, former arbitrators and their assistants and staff, and all attendees and experts at the arbitration panel hearings shall maintain the confidentiality of the hearings, the deliberations and interim panel report, and all written submissions to, and 6 communications with, the arbitration panel. This includes any information submitted by a disputing Party to the arbitration panel which that Party has designated as confidential. Nothing in this Annex shall preclude a disputing Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other disputing Party, it does not disclose any information designated by the other disputing Party as confidential. Ex parte contacts 35. The arbitration panel shall not meet, hear or otherwise contact a disputing Party in the absence of the other disputing Party. 36. No arbitrators may discuss any aspect of the subject matter of the proceedings with a disputing Party or the disputing Parties in the absence of the other arbitrators. Language and translation 37. All proceedings pursuant to Chapter 12 (Dispute Settlement) and all communications with, documents submitted to and reports issued by the arbitration panel shall be in the English language. 38. Each Party shall bear the responsibility of preparing English-language translations of any documents that it submits during the proceedings. Calculation of time limits 39. Where, by reason of the application of Rule 7 of this Annex, a disputing Party receives a document on a date other than the date on which this document is received by the other disputing Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document. Other procedures 40. This Annex is also applicable to procedures set out in paragraphs 3 and 6 of Article 12.12 (Implementation of the Arbitration Panel Report), paragraph 4 of Article 12.13 (Compensation and Suspension of Concessions or Other Obligations) and paragraph 1 of Article 12.14 (Compliance Review). The time limits laid down in this Annex shall be adjusted in line with the special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures. ANNEX 7 CODE OF CONDUCT FOR ARBITRATORS Definitions 1. Unless otherwise specified, the definitions in Chapter 12 (Dispute Settlement) and Annex 6 (Rules of Procedure for Arbitration) shall apply to this Annex. Responsibilities to the process 2. Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe high standards of conduct, so that the integrity and impartiality of the dispute settlement mechanism is preserved. Arbitrators shall not take instructions from any organisation, individual or government with regard to matters before the arbitration panel. Disclosure obligations 3. Prior to confirmation of his or her selection as an arbitrator under Chapter 12 (Dispute Settlement), a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. 4.
Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 of this Annex and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceeding at the earliest time that the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships or matters by informing the disputing Parties, in writing, for their consideration. 5. Disclosure of an interest, relationship or matter is without prejudice as to whether that interest, relationship or matter is indeed covered by paragraphs 3 or 4 of this Annex, or whether it warrants recusal or disqualification. In the event of uncertainty regarding whether an interest, relationship or matter must be disclosed, a candidate or arbitrator should err in favour of disclosure. 6. A candidate or arbitrator shall only communicate matters concerning actual or potential violations of this Annex to the disputing Parties for their consideration. 2 Duties of arbitrators 7. An arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence. 8. An arbitrator shall comply with the provisions of Chapter 12 (Dispute Settlement), Annex 6 (Rules of Procedure for Arbitration) and this Annex. 9. An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person. An arbitrator shall not deny other arbitrators the opportunity to participate in all aspects of the proceeding. 10. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with, paragraphs 2 through 6, 8, 11 and 17 through 20 and 22 of this Annex. 11. An arbitrator shall not engage in any ex parte contact concerning the proceeding. Independence and impartiality of arbitrators 12. An arbitrator shall be independent and impartial, and avoid creating an appearance of impropriety or bias, and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism. 13. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties. 14. An arbitrator shall not use his or her position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence him or her. 15. An arbitrator shall not allow past or ongoing financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgement. 16. An arbitrator shall avoid entering into any relationship or acquiring any financial interest that is likely to affect his or her impartiality or that might reasonably create an appearance of impropriety or bias. 3 Confidentiality 17. An arbitrator or former arbitrator shall not at any time disclose or use any non- public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in particular, disclose or use any such information to gain a personal advantage or obtain an advantage for others or to affect the interest of others. 18. An arbitrator shall not make any public statement regarding the merits of a pending panel proceeding. 19. An arbitrator shall not disclose an arbitration panel report or parts thereof prior to its issuance in accordance with Chapter 12 (Dispute Settlement). 20. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any arbitrator’s view regarding the deliberations, or which arbitrators are associated with majority or minority opinions in a proceeding. Expenses 21. Each arbitrator shall keep a record and render a final account of the time devoted to the procedure and of his or her expenses, as well as the time and expenses of his or her assistants. Obligations of former arbitrators 22. A former arbitrator shall avoid actions that may create the appearance that he or she was biased in carrying out his or her duties, or derived any advantage from the decision of the arbitration panel. Responsibilities of experts, assistants and staff 23. Paragraphs 2 through 6, 8, 11, 17 through 20 and 22 of this Annex shall also apply to experts, assistants and staff.