Questions On ATIGA

ATIGA is a comprehensive agreement on trade in goods in ASEAN. ATIGA is an agreement that supersede the CEPT Agreement which has been implemented since 1992.

Criteria specify in ATIGA is similar with CEPT where the goods export to ASEAN Member States should comply with the Rules of Origin stipulated in ATIGA agreements. ATIGA also has listed the requirements for specific products in the Product Specific Rules lists.

ATIGA is only for ASEAN Member States. This agreement covers all products except for the products listed in the exclusion list which are arm and ammunition and alcoholic beverages.

ATIGA General Rules for Rules of Origin is RVC 40% or Change of Tariff Classification at 4 digit level. This rule applies across the line except for the goods that are listed in the Product Specific Rules.
 
Under the Product Specific Rules, the goods are classified under the ASEAN Harmonised Tariff Nomenclature (AHTN) Code up to 6 digit level.

Most of the exporters try to determine their AHTN code by themselves or by referring it to MITI. As the result, the classification of goods is inaccurate. It is advisable for the exporter to refer to Bahagian Penjenisan of Royal Malaysia Customs to seek for more accurate AHTN Code.
 

There is no guarantee that the goods exported to other ASEAN Member States will be accorded preferential treatment under ATIGA. This is because the goods must comply with the Rules of Origin as agreed under the agreement.

If the importer/exporter fails to prove their compliance, the authority of the importing party may suspend the preferential tariff treatment and conduct the verification to the goods and may subject to verification visit to the factory.
 

Most the business sectors are unaware of the existence of this scheme as most of the tariff under the MFN rate (Normal Duty) is zero. However, Form D come when the goods still having high import duty and under the ATIGA the duty has been eliminated to zero duty.
 
The exporter will have to register with
Trade Cooperation and Industry Coordination Section
Ministry of International Trade and Industry, 
Ground Floor Block 10 Government Complex
50622 Kuala Lumpur.
 

The application for Form D will takes approximately 3 working days. However before the exporter being granted the Form D, the exporter shall submit all the cost information in producing the goods. After the information being analyze, the ministry will give the approval letter to the company. The approval period will be for two (2) years.
 
Upon received the approval letter, the exporter may export the goods for the period of 2 years. There is no limit for the export value. Under exceptional cases, MITI will conduct audit verification to the company to avoid any misuse of the Form D.
 

Pleased be informed that Malaysia and other ASEAN Countries has a specific focal point that handling the case of rejection or doubt by the importing party. Under the ATIGA agreement, these cases were referred as retroactive check that would be conducted by the authority of the importing party to the issuing authority and NOT through the importer or exporter.

 For the retroactive check, the request must be officially written to the issuing authority. The issuing authority will take action on the request and conduct the verification towards the said Form D or the goods being question.

Yes. The company is allowed to apply for back-to-back under the ATIGA. The validity period for the back-to-back Form D is one year from the date of the first Form D issued.

Third Country/Party Invoicing is allowed under ATIGA.
 

In exceptional cases when the there is an incomplete Form D being submitted to the Authority of the importing party, the Form D should be return to the issuing authority by the authority of the importing party without delay for amendment.
 
However, if the incomplete information does not affect the origin status or the value of the goods, it could be consider as minor discrepancies which stipulated in the ATIGA agreement. In this case, the Form D should not be rejected by the importing party. 

The specimen signatures is vital document which indicating the autorised officers that could endorse the Form D. Each ASEAN Country will circulate the specimen signatures to other ASEAN country within 2 months before allowing the particular officers to sign the Form D.

In this matter, there is no issue of the specimen signature is not in the list of the importing party. Malaysia on other hand, will not allow the new officer from signing the Form D within 3 month to allow the specimen signature to reach the entry point of ASEAN countries.