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Discrepancy or not: 6-digit and 8-digit HS code on different documents

Posted: Thu Dec 07, 2017 5:49 pm
by hwang
Dear experts,

We have the following terms in our L/C:
46A: Documents Required
FTA (FREE TRADE AGREEMENT BETWEEN CHINA AND PAKISTAN)
CERTIFICATE OF ORIGIN MUST BE WITH DOCUMENTS SIGNED
BY AUTHORIZED AUTHORITY OF ENTRY-EXIT INSPECTION
AND QUARANTINE BUREAU OF CHINA.
47A: Additional Conditions
H.S. CODE NO.9401.7900 SHOULD APPEAR ON BILL OF LADING AND INVOICES.

By 46A, nothing mentioned what HS code should be used on the C/O.
By 47A, BILL OF LADING AND INVOICES will show an 8-digit HS code

By regulations in China, the CERTIFICATE OF ORIGIN allows up to 6 digits only (9401.79).
So the HS code are not identical amongst the documents.

Could you please advise if this is considered a discrepancy?

Thank you!

Re: Discrepancy or not: 6-digit and 8-digit HS code on different documents

Posted: Thu Dec 07, 2017 8:32 pm
by picant
Hi Pal,

IMHO, not discrepant as per art 14 d, UCP 600.
Other comments appreciated
Ciao

Re: Discrepancy or not: 6-digit and 8-digit HS code on different documents

Posted: Fri Dec 08, 2017 8:16 am
by hwang
Thank you, Picant, for your quick feedback. I just review 14d and couldn't agree more. Your point is also supported by art 14f.

Re: Discrepancy or not: 6-digit and 8-digit HS code on different documents

Posted: Sat Feb 24, 2018 9:22 pm
by nhungth306
picant wrote:
Thu Dec 07, 2017 8:32 pm
Hi Pal,

IMHO, not discrepant as per art 14 d, UCP 600.
Other comments appreciated
Ciao
Hi Picant,
Could you kindly clarify your opinion? As mine, i think the term in F47A is a non-documentary one which could be disregarded but once appears on any stipulated documents, the information must not conflict. In this case we can see that there is an obvious conflict between HS code no. on C/O and other docs. So why not discrepant?
Im looking forward to see your response.

Re: Discrepancy or not: 6-digit and 8-digit HS code on different documents

Posted: Sun Feb 25, 2018 3:30 pm
by picant
Hi Pal,

condition in field 47A regarding a document is not a non documentary condition and must be followed. HS Code is 10 digits, but may be used in 4, 6,8 and 10 digits, depending on the import/export Country Customs. In this case it was required in 8 digits in Invoice and Bill of
lading, in certificate of origin was just an additional information and not contrasting .
Thisis my thought! Ciao