importing country

[ucp800]

Dear Expert,

May I ask for your opinion of the following :

L/C called for
1. full set clean on board ocean bill of lading
showing shipment from any ports in Malaysia to Kolkata, India in transit to Biratnagar, Nepal via Biratnagar Customs Office Nepal.
2. Cert. of Origin certified goods of Malaysia origin

Cert. of Origin issued by Johor Indian Chamber of Commerce presented.
Cert. of Origin at Field 10. declaration by exporter:
quote
certified goods of Malaysia origin
FOR GOODS EXPORTED TO
Kolkata, India
(IMPORTING COUNTRY)
Unquote

ISSUING BANK CLAIMED THAT :
DISCREPANCY : IMPORTING COUNTRY WRONGLY QUOTED IN CERT. OF ORIGIN
Please comment whether it is valid or not.
Thank you for your assistance.

Regards,

[jmitra]

even im confused here. it seems that india is the importing country. whats the point here, please elaborate

[ajoy]

A cert of origin is required for ensuring correct origin of goods as per LC .

The submitted cert does that.

The LC permits shipment from kolkatta India, and origin of goods from Malaysia. Both conditions - shipment from nominated port and proof of origin of goods as malayisa by means of cert of origin are fulfilled.

If Issuing bank wanted Nepal to be mentioned as importing country in the 'cert of Origin' they should have asked for the same in the first place.

I dont think IB is on solidground here. This is not a discrepacy at all.

Or Am I missing something ? Comments welcome.

Cheers

[mia vervacke]

I agree with ajoy that the discrepancy stated by the issuing bank is not correct.

My doubt is rather that the c/o should have stated

quote
certified goods of Malaysia origin
FOR GOODS EXPORTED TO
Kolkata, India (IMPORTING COUNTRY)
in transit to Biratnagar, Nepal via Biratnagar Customs Office Nepal.
Unquote

C/O should show same shipmentshedule as per B/L.

Other comments appreciated

[M.A.Chowdhury]

Since the words "Importing country" does not contradict with the title of the document, its not a discrepancy.
.
Monir

[saikatshovan]

As far as L/C concerned, they clearly mentioned that they need, the Cert. of Origin certified goods of Malaysia origin, as they have not mentioned the certificate will be issued by whom.
So here any one can issue the cert. of origin except beneficiary.

So, Issuing bank CAN NOT say DISCREPANCY for that reason..

If anything else is there? Please comment....

bye
saikat

[berry]

to me its a bit difficult case. first i would consider am extreme case. Certificate of origin shows USA as the country of import. certainly it would be a discrepancy. but here the country is transit is shown as the country of import. i would take reference from ISBP 21D here.

“exporting country” – the country where the beneficiary is domiciled, or the country of origin of the goods, or the country of receipt by the carrier or the country from which shipment or dispatch is made.

the term exporting country offers a wide degree of meaning. same should apply for importing country as well. with that spirit i would say calling india an importing country is not a discrepancy.