Rules of Origin for hydrogen — Dubai (UAE) to India
HS 28041000 · HYDROGEN · Rules of Origin & preferential rate
Data last updated: · MFN duty & IGST verified against ICEGATE (Indian Customs EDI). Rules of Origin per CEPA Annex 3B. Verify your exact HS line before filing.
- CEPA eligible
- Yes
- Value addition (RVC)
- 40%
- Tariff-classification change
- CTSH Annex 3B rule set at chapter level — it covers the whole chapter, not this code alone
- MFN → CEPA basic duty
- 5% → 0%
Rule of Origin (CEPA Annex 3B, primary source): CTSH + VA 40% (CEPA Annex 3B Product-Specific Rule; tariff-shift AND value addition both required).
Qualifying under the Rules of Origin
To claim the CEPA preference on hydrogen (HS 28041000), the goods must qualify as UAE-originating. The Product-Specific Rule (Annex 3B) is "CTSH + VA 40% (CEPA Annex 3B Product-Specific Rule; tariff-shift AND value addition both required)": the goods must undergo a change of tariff sub-heading (CTSH) AND add at least 40% regional value content — both conditions, not either/or. Read that rule for what it is: Annex 3B supplies it at chapter level, so it governs hundreds of eight-digit codes rather than this one. It is the correct rule to apply, and it is also the place to check for a more specific carve-out before committing to a claim. Hydrogen supplies refineries, ammonia and methanol plants, metals processing and — increasingly — India's green-hydrogen ambitions. CEPA removes the 5% basic duty. UAE-produced industrial hydrogen generally satisfies the 40% regional-value-content rule. The dominant constraints are physical rather than fiscal: hydrogen ships compressed or liquefied in specialised vessels under PESO licensing, requiring approved cylinders or cryogenic vessels and hazardous-cargo documentation, and the logistics cost far exceeds the duty by a wide margin. A 5% saving on the commodity value is not what decides a hydrogen supply decision. For most buyers the practical route is on-site generation or pipeline supply rather than import, which makes this line relevant chiefly to specialty and merchant-gas applications where small volumes at high purity justify the handling chain. Where import does make sense, secure the PESO licence for the site before contracting: it governs storage as well as import, so it constrains the receiving facility, not just the consignment. A valid Certificate of Origin filed through the eCoO 2.0 system must accompany the shipment; without it, customs charges the 5% MFN rate instead of the preference.
Check your own figures in the Rules of Origin (RVC) qualifier. Qualifying is only half of it — the preference is claimed with a Certificate of Origin, issued in the UAE before shipment or retrospectively within 12 months.
Frequently asked questions
- Does hydrogen qualify for India–UAE CEPA?
- Yes, if it meets the Annex 3B Product-Specific Rule "CTSH + VA 40% (CEPA Annex 3B Product-Specific Rule; tariff-shift AND value addition both required).": it must BOTH change tariff classification (CTSH) AND add at least 40% regional value content — both conditions are required, not either/or.
- What is the Rule of Origin for hydrogen?
- Per CEPA Annex 3B: CTSH + VA 40% (CEPA Annex 3B Product-Specific Rule; tariff-shift AND value addition both required).. RVC% = [(FOB − value of non-originating materials) / FOB] × 100 (FOB basis).
- What proof is needed at import?
- A preferential Certificate of Origin filed through eCoO 2.0, presented at customs before clearance. Without it, the 5% MFN duty applies.