Request for Question Clarification by
pafalafa-ga
on
21 Nov 2005 07:25 PST
And another question.
Listed below are some regulations from China regarding rules of
origin...Is this the sort of document you're looking for? If not, it
would help to have a bit more detail about the type of document that
would best meet your needs.
Thanks,
pafalafa-ga
===============
Regulations of the People's Republic of China on Rules of Origin of
Import and Export Commodities
Decree No. 416 of the State Council of the People's Republic of China
Regulations of the People's Republic of China on Rules of Origin of
Import and Export Commodities adopted at the 61st Standing Meeting of
the State Council on 18 August 2004 is now promulgated and shall enter
into force as of 1 January 2005.
Premier WEN Jiabao
3 September, 2004
Article 1. This set of regulations is formulated with a view to
identify the place of origin of import and export commodities
accurately, implement various trade measures effectively, and promote
the development of foreign trade
Article 2. This set of regulations shall be applicable to the
implementation of MFN treatment, anti-dumping and countervailing
measures, safeguard measures, administration of marks of place of
origin, country-specific quantitative restrictions, tariff rate quotas
and non-preferential trade measures, and the identification of place
of origin of import and export commodities in government procurement,
trade statistics, and other activities.
This set of regulations shall not be applied to the identification of
place of origin of import and export commodities in the implementation
of preferential trade measures. Detailed measures governing that will
be separately drafted in line with the international treaties or
agreements to which the People's Republic of China is a signatory or
participates.
Article 3. For goods obtained wholly within one country or region, the
country or region will be taken as their place of origin. For goods
the production of which involves two or more countries or regions, the
country or region where substantial transformation has been made and
finalized will be taken as the place of origin of the goods.
Article 4. Goods obtained wholly in a country or region as mentioned
in article 3 of this set of regulations refers to:
1. live animals born and bred in the country or region
2. animals caught and collected in the open country of the country or region
3. articles obtained from live animals of the country or region
without undergoing processing
4. plants and plant products obtained from the country or region
5. minerals excavated from the country or region
6. other naturally grown articles except those mentioned in items 1 to
5 of this article obtained in the country or region
7. waste and scraps resulted from the production process of the
country or region and that can only be discarded or recycled
8. articles collected from the country or region that cannot be
repaired or restored or spare parts or materials recycled from the
articles
9. objects caught from oceans and other objects obtained from seas
except the territorial sea of the country by vessels flying the flag
of the country or region lawfully
10. products obtained after processing of objects mentioned in item 9
of this article by processing vessels flying the flag of the country
or region lawfully
11. articles and objects obtained from the seabed or seabed subsoil of
ocean areas except the territorial sea where the country or region has
exclusive right of mining
12. products produced entirely in the country or region from objects
and articles mentioned in items 1 to 11 of this article
Article 5. When identifying whether the goods are obtained wholly in a
country or region, the following minor processing or handling shall
not be taken into consideration:
1. processing or handling for the purpose of preserving the goods for
transportation or storage
2. processing or handling for the sake of convenient loading or unloading of goods;
3. packaging and other processing or handling for the sales of goods.
Article 6. The standard of identification of substantial
transformation as specified in article 3 of this set of regulations
shall be based on the changes to the tariff classification. In cases
where the changes of tariff classification cannot reflect the
substantial transformation, the percentage of ad volerum, working
procedures of manufacturing or processing and others shall be used as
supplementary standards. The detailed standards shall be drafted by
the Customs General Administration jointly with the Ministry of
Commerce and the State Administration of Quality Supervision and
Inspection and Quarantine.
Changes in tariff classification of tariff refers to when, after the
manufacturing or processing process by a county or region of raw
materials coming from a different country or region, the tariff
classification of the goods thus obtained as per the Import and Export
Tariff Lines of the Peoples' Republic of China has changed.
Ad volerum percentage mentioned in the first paragraph of this article
refers to the percentage of the increased value of raw materials of a
country or region resulted from the manufacturing or processing by
another country or region against the value of goods thus obtained.
Manufacturing or processing process mentioned in paragraph 1 of this
article refers to the principal processes whereby the basic features
of goods have been given to the goods obtained through manufacturing
or processing process by a country or region.
Before the implementation of the Harmonisation of Non-preferential
Rules of Origin of the WTO, the detailed standard governing the
identification of substantial transformation of place of origin of
import and export goods shall be worked out by the Customs General
Administration jointly with the Ministry of Commerce and the State
Administration of Quality Supervision and Inspection and Quarantine in
view of the actual conditions.
Article 7. The place of origin of energy, workshops, equipment and
tools used in the course of producing goods and place of origin of
materials used that do not constitute physical components of goods or
components of goods shall not affect the identification of the place
of origin of goods.
Article 8. For packages, packaging materials and containers
accompanying goods in the import and export that are classified
together with goods as per the Tariff Lines of Import and Export of
the People's Republic of China, the place of origin of these materials
does not affect the identification of the place of origin of goods
thus packed or contained, and the place of origin of the packages,
packaging materials and containers will not be identified separately.
The place of origin of goods packed or contained shall be considered
as the place of origin of the packages, packaging materials and
containers.
In cases where the packages, packaging materials and containers for
import and export goods that are not specified in the Tariff Lines of
Import and Export of the People's Republic of China to be of the same
classification, the place of origin of the said packages, packaging
materials and containers shall be identified according to the
provisions of this set of regulations.
Article 9. For accessories, spare parts, tools and explanatory
materials of normal types and quantity accompanying the import and
export goods which shall be classified with the goods they accompany
as per the Tariff Lines of Import and Export of the People's Republic
of China, the place of origin of such accessories, spare parts, tools
and explanatory materials shall not affect the identification of place
of origin of such goods. The place of origin of such accessories,
spare parts, tools and explanatory materials will not be identified
separately and the place of origin of goods that are accompanied by
these accessories, spare parts, tools and explanatory materials shall
be the place of origin of the accessories, spare parts, tools and
explanatory materials.
For accessories, spare parts, tools and explanatory materials
accompanying the import and export goods that are classified into the
same category with the goods as per the Tariff Lines of Import and
Export of the People's Republic of China but are found to be in excess
of normal quantity or types, or accessories, spare parts, tools and
explanatory materials accompanying the import and export goods that
are not classified into the same category with the goods as per the
Tariff Lines of Import and Export of the People's Republic of China,
the place of origin of such accessories, spare parts, tools and
explanatory materials shall be identified according to the provisions
of this set of regulations.
Article 10. In cases where any processing or handling of goods is
intended to bypass the anti-dumping, countervailing, or safeguard
measures and related regulations of the Pople's Republic of China, the
Customs may not take into account such processing and handling in the
identification of the place of origin of the said goods.
Article 11. The consignees of import goods, in the course of handling
customs declaration formalities of import goods in line with the
provisions of the Customs Law of the People's Republic of China and
related regulations, shall declare the place of origin of import goods
according to the facts in accordance with the criteria for the
identification of place of origin as specified in this set of
regulations. Where the place of origin of the same batch of goods is
different, they shall be declared separately.
Article 12. Before the importation of import goods, the consignee of
import goods or other parties directly related to the import goods,
under justifiable circumstances, may apply to the Customs authority in
writing for making a decision of pre-identification of place of origin
of the goods to be imported, and the applicant shall submit materials
to the customs authority necessary to make a pre-identification
decision.
The customs authority shall make a decision of pre-identification of
the place of origin of the import goods in line with the provisions of
this set of regulations within 150 days upon the receipt of the
written application for pre-identification of place of origin and the
complete set of necessary documents, and make the decision public.
Article 13. The customs authority shall examine, verify and identify
the place of origin of import goods in line with the provisions of
this set of regulations upon accepting the declaration.
For goods the place of origin of which has been identified before the
actual importation being imported within three years upon the making
of pre-identification decision, the customs authority shall examine
and verify the goods actually imported for consistence with the goods
mentioned in the decision of pre-identification and do not need to
identify the place of origin of such goods again, provided that the
criteria specified in this set of regulations for the identification
of place of origin have not been modified. In cases where the customs
authority discovers that there is inconsistence between the actually
imported goods and goods mentioned in the decision of
pre-identification, the customs authority shall identify the place of
origin of such goods once again in line with the provisions of this
set of regulations.
Article 14. The customs authority, in the course of examining,
verifying and identifying the place of origin of import goods, may
request the consignee of import goods to provide a certificate of
place of origin of the import goods and examine and verify the
certificates. It may, in cases of necessity, request the related
agencies of the goods exporting country or region to check and verify
the place of origin of the goods.
Article 15. On the strength of written applications filed by foreign
trade operators, the customs authority may, in line with the
provisions of article 43 of the Customs Law of the People's Republic
of China, make an administrative ruling for the pre-identification of
place of origin for goods to be imported and make it public.
Similar goods being imported shall be subject to the same administrative ruling.
Article 16. The State exercises administration over marks of place of
origin. Where the goods or its packaging bears the mark of place of
origin, the place of origin specified by the mark of place of origin
shall be consistent with that of the place of origin identified
according to the provisions of this set of regulations.
Article 17. The consignors of export goods may apply to the various
entry and exit inspection and quarantine agencies of the State
Administration of Quality Supervision, Inspection and Quarantine,
China International Commerce of Trade and its branches (hereinafter
referred to as issuing agencies) for a certificate of origin of export
goods.
Article 18. The consignors of export goods shall, when applying for a
certificate of place of origin of exprt goods, handle the registration
formalities with the issuing agencies, declare the place of origin of
export goods according to the facts as regulated, and provide
materials required by the issuing agencies in the issuance of a
certificate of place of origin of export goods.
Article 19. The issuing agencies, upon receiving applications from
consignors of export goods, shall check the place of origin of export
goods as requested and issue a certificate of place of origin of
export goods. For goods that are not originated from the People's
Republic of China, the issuing agencies shall refuse to issue a
certificate of place of origin of export goods.
Detailed measures governing the issuing of the certificate of place of
origin of export goods shall be drafted separately by the State
Administration of Quality Supervision, Inspection and Quarantine
jointly with other related ministries and agencies of the State
Council.
Article 20. Upon a request filed by the related agencies of the
importing country or region for export goods, the customs authority or
issuing agencies may conduct verification and check over the place of
origin of export goods and feedback the information of check to the
related agencies of the import country or region in a timely manner.
Article 21. The customs authority and issuing agencies shall keep the
materials and information used to identify the place of origin of
goods confidential, except when they are permitted to provide the said
information by related regulations or permitted by the unit and
individuals supplying such materials and information.
Article 22. Declaring place of origin of import goods in violation of
this set of regulations will be punished according to the provisions
of the Foreign Trade Law of the People's Republic of China, Customs
Law of the People's Republic of China and the Regulations Implementing
Customs Administrative Sanctions of the People's Republic of China.
Article 23. Parties found guilty of deceit by using false materials or
forging, altering, buying and selling or stealing the certificate of
place of origin of export goods shall be fined between RMB 5,000 and
RMB 100,000 by the entry and exit inspection and quarantine agencies
and customs authority. Parties found to have deceived, forged,
altered, bought, sold or stolen a certificate of place of origin of
export goods serving as a customs clearing certificate shall be
subject to a fine equivalent or up to the value of the goods. However,
if the value of goods is less than RMB5, 000, a fine of RMB5, 000 will
be imposed. In cases where illegal income has been earned, the illegal
income shall be confiscated by the entry and exit inspection and
quarantine agencies and customs authority. In cases where crimes have
been constituted, the criminal liabilities of the violators will be
investigated.
Article 24. In cases where the mark of place of origin of import goods
is not in conformity with that identified according to this set of
regulations, the customs authority shall be responsible for ordering a
rectification.
In cases where the mark of place of origin of export goods is not in
conformity with that identified according to this set of regulations,
the customs authority and the entry and exit inspection and quarantine
agencies shall be responsible for ordering a rectification.
Article 25. Working staff involved in the identification of place of
origin of import and export goods found to have violated the
procedures specified in this set of regulations in the identification
of place of origin, or disclosed commercial secrets known to them, or
neglected their duties, abused their powers, and practiced favouritism
will be imposed administrative punishments. In cases where illegal
income has been earned, the illegal income will be confiscated and in
cases where crimes have been constituted, the criminal liabilities
will be investigated.
Article 26. Definitions of terms used in this set of regulations are as follows:
Obtaining refers to catching, fishing, collecting, harvesting,
excavating, processing o production etc.
Place of origin of goods refers to the country or region where certain
goods are obtained as identified in line with this set of regulations.
Certificate of place of origin refers to the written document issued
by the exporting country or region in line with the rules of origin
and related requests, specifying clearly that goods mentioned in the
certificate are originated from a certain country or region.
Mark of place of origin refers to characters and pictures on the goods
or packaging of the goods used to show the place of origin of the
goods.
Article 27. This set of regulations shall enter into force as of 1
January 2005. The Rules of Origin of Export Goods of the People's
Republic of China released by the State Council on 8 March, 1992 and
the Provisional Regulations of the People's Republic of China on the
Place of Origin of Import Goods promulgated by the Customs General
Administration on 6 December, 1986 shall be abolished at the same
time.
