Discuss how rules-of-origin enforcement mechanisms like CAROTAR and EODES address trade deflection concerns in India's new-generation FTAs.
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Trade deflection happens when goods from a non-member country are routed through an FTA partner to get its lower duty. India's new-generation FTAs, such as the India–New Zealand FTA, let exporters self-certify origin [3]. Checks made after a certificate is issued therefore matter more. CAROTAR and EODES are safeguards that work in layers, each covering a different risk.
Why the risk of deflection is higher
- Self-certification replaces an agency's check before shipment with the exporter's own declaration [3].
- Deep tariff cuts: India liberalises 70.03% of its tariff lines for New Zealand [2]. This widens the duty gap a third country could exploit.
CAROTAR, 2020: is the origin claim honest?
- Importer accountability: importers must enter Certificate of Origin (CoO) details in the Bill of Entry, hold origin information and keep supporting records [1].
- Verification: Customs can ask the exporting country's authority to confirm that a certificate is genuine or that the origin claim is correct [1].
- Intent: the government presented it as a Budget commitment to protect domestic industry from misuse of FTA benefits [1].
EODES: is the certificate authentic?
- Advance data: under the India–Korea CEPA, the exporting customs sends CoO data to the importing customs as soon as the certificate is issued [4].
- Forgery check: a fake or altered paper certificate will not match this data.
- Scaling up: CBIC has signed a similar MoC with New Zealand Customs [5]. This puts into practice the WTO TFA duty to confirm certificates of origin [6].
Limits
- EODES proves that a certificate is real, not that the goods qualify. A genuine certificate can still carry a false origin claim.
- The main barrier to circumvention is still the FTA's product-specific rules and verification mechanism [2], enforced through CAROTAR.
EODES therefore delivers speed and authenticity, while CAROTAR and the rules of origin test honesty. CBIC should extend customs-to-customs data exchange to every FTA and publish verification outcomes for each agreement. Enforcement in layers lets India widen market access without exposing domestic industry to circumvention.
Sources
- 1PIB: Implementation of the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 w.e.f. 21 September 2020: importer's duties, verification requests, protecting domestic industry from FTA misuse
- 2PIB: Piyush Goyal and Todd McClay sign the landmark India–New Zealand Free Trade Agreement: 70.03% tariff-line liberalisation; product-specific rules and verification mechanism against circumvention
- 3Department of Commerce: India–New Zealand FTA Factsheet: exporters can self-certify origin
- 4PIB: India-Korea Electronic Origin Data Exchange System (EODES) launched: CoO data sent customs-to-customs as soon as the certificate is issued under the CEPA
- 5PIB, Ministry of Finance: India and New Zealand sign MoC on Electronic Origin Data Exchange (21 Oct 2026): CBIC–NZCS MoC
- 6WTO: Trade Facilitation Agreement, sharing of certificate-of-origin information: customs duty to share and confirm origin information