People's Republic Of China Customs Of The People's Republic Of China Government And The Iceland Government Origin Of Import And Export Goods Under The Free Trade Agreement Management

Original Language Title: 中华人民共和国海关《中华人民共和国政府和冰岛政府自由贸易协定》项下进出口货物原产地管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398609.shtml

People's Republic of China Customs of the People's Republic of China Government and the Iceland Government origin of import and export goods under the free trade agreement management (June 30, 2014 Customs makes No. 222, announced since July 1, 2014 up purposes) first article to right determine People's Republic of China Government and Iceland Government free trade agreement (following referred to in the ice since trade agreement) items Xia import and export goods origin, promote China and Iceland of trade between, according to People's Republic of China Customs method (following referred to customs method), and People's Republic of China import and export goods origin Ordinance, and in the ice since trade agreement of provides,

    These measures are formulated.

    Second approach applies to China and Iceland ice in between the origin of import and export goods under the free trade agreement management.

Article III of the imported goods in accordance with one of the following conditions, its country of origin for Iceland:

(A) Iceland wholly obtained or produced;

(B) in Iceland all complies with the provisions of these measures in China or Iceland of originating materials in the production;

(C) Iceland non-wholly obtained or produced in the territory, but consistent with the ice under a free trade agreement in the tariff classification of the product specific rules of origin change, regional value content, manufacturing process or other requirements;

The ice product specific rules of origin under the free trade agreement is part of this approach, separately by the General Administration of Customs announced.

    Originating in Iceland goods from Iceland direct shipping to China, may apply in accordance with this regulation, application of the People's Republic of China import and export tariff (hereinafter the tariff) of the ice in the free trade agreement tariff rate.

The fourth section herein (a) referred to "the Iceland wholly obtained or produced" refers to the goods:

(A) Iceland territory or sea-bed minerals extracted in the territory;

(B) Iceland harvest plants and plant products;

(C) Iceland live animals born and raised;

(D) from above (c) products obtained from the activities referred to in subparagraphs;

(E) Iceland hunting, trapping or Iceland products obtained by fishing in inland waters;

(Vi) in Iceland's territorial waters fishing access to fish and other products;

(VII) in Iceland and suspension of registration Iceland flag vessel in Iceland outside the territorial sea, including its exclusive economic zone, fishing access to fish and other products;

(VIII) in Iceland on the registration and factory ships flying their flag, only by subsection (vi) and (VII), of the products manufactured products;

(IX) in Iceland of the seabed or subsoil beneath the seabed outside the territorial sea extract products, as long as the Iceland international agreements concluded in accordance with its applicable national law of the sea bed or subsoil beneath the seabed exclusive exploitation rights;

(J) in Iceland to collect only applies to the recovery of raw materials used;

(11) in Iceland in the production process and applies only to raw material recycling of waste and scrap;

    (12) in Iceland by subsection (a) to (11) of the products obtained by processing the products listed.

    Fifth in Iceland territory, the use of Iceland originating materials in the production of goods, in line with the ice in the free trade agreement in the product specific rules of origin under the standards of the change in tariff classification for the goods shall be considered as originating in Iceland goods.

Sixth in Iceland territory, the use of Iceland originating materials in the production of goods, in line with the ice in the free trade agreement of the product specific rules of origin under the regional value content of the goods in standard, shall be considered as originating in Iceland goods.

        Regional value content in the first paragraph of this article shall be computed according to the following methods:

Price-price of non-originating materials

              Regional value content =-------------------------x100%

Prices of goods Among them, the "goods" refers to goods free on board price (FOB) basis, adjusting prices according to the customs valuation agreement.

    "The price of non-originating materials" refers to non-Iceland imports originating materials cost, shipped to the port of destination or place of freight and insurance costs (CIF), not included in the production process for the production of originating materials value of non-originating materials used.

    Article seventh originating in China's goods or materials in Iceland have been used in the production of other goods, and constitute a part of the goods, the goods or materials shall be regarded as originating in Iceland's territory. Eighth article applies in the ice since trade agreement items Xia tariff classified change standard determine origin of goods, goods production process in the by using of non-Iceland native material or origin unknown of material failed to meet tariff classified change standard, but above non-Iceland native material or origin unknown of material according to this approach sixth article provides determine of non-native material price not over the goods ship Shang delivery price (FOB) of 10%, and goods meet this approach all other applies provides of,

    Shall be considered as originating in Iceland goods.

The Nineth or processes do not affect the cargo origin to determine the following:

(A) in order to ensure that goods in transit or storage in good condition for the preservation process;

(B) dismantling and assembling of packaging;

(C) washing, cleaning, removal, removal of oxide, oil, paint and other coatings;

(D) ironing or pressing of textiles;

(E) simple painting and polishing operations;

(F) the grains and rice husking, partial or total bleaching, polishing, and glazing;

(G) color sugar or processed into sugar processes;

(H) the fruits, nuts and vegetables, peeled, pitted and peeled;

(I) sharpening, simple grinding or simple cutting;

(J) the filtration, filter, selecting, classifying, grading, matching, including combination sets;

(11) simple placing in bottles, cans, bags, flasks, boxes, fixing on cards or boards and all other simple packaging operations;

(12) on the product or on its packaging, pasting, or printing marks, labels, logos and other similar tags to the difference;

(13) the simple mixing of products, whether or not of different kinds of products;

(14) the Assembly of parts of articles to complete article or simple Assembly or disassembly of products into parts;

(15) only for the convenience of the port handling operations;

(16) the slaughter of animals;

    (17) subsection (a) to (16) of the combination of two or more of the processes in.

    Tenth Article declaration together with the imported goods imported accessories, spare parts or tools, according to the collation rules should be classified and are not invoiced separately from the goods, quantities and values within the normal range, its origin does not influence the determination of the origin of the goods.

11th used to protect a good during transportation of packaging material and container origin does not influence the determination of the origin of the goods.

Apply the ice under a free trade agreement in a change in tariff classification standard in the product specific rules of origin of goods, packaging materials and containers for retail sale of the goods to be classified, the retail packaging materials as well as the origin of the containers do not influence the determination of the origin of the goods.

    Apply the ice under a free trade agreement in the regional value content in the product specific rules of origin determination of origin of goods, their packaging materials and containers for retail prices should be incorporated into the material of origin price or the price of non-originating materials shall be calculated.

12th when determining the origin of goods and goods used in the production process, but does not in itself constitute components of the goods the following goods, its origin does not influence the determination of the origin of the goods:

(A) the fuel, energy, catalyst and solvents;

(B) the equipment used for testing or examination of the goods, equipment and supplies;

(C) gloves, glasses, footwear, clothing, safety equipment and supplies;

(D) the tool, die and mould;

(E) spare parts and materials used for maintenance of equipment and buildings;

(F) used in production or used to run equipment and maintenance building lubricants, oils (slip) resin, synthetic materials and other materials;

    (VII) used in the production of, and does not constitute a component of the goods, but can reasonably suggest that they participated in the production of any other items.

The 13th article of the measures referred to in article "direct traffic" refers to the ice under a free trade agreement in goods imported from Iceland direct shipping to China, en route without China, Iceland country or region other than the (hereinafter "other countries or regions").

Originating in Iceland of cargo, transported through other countries or regions to China, regardless of whether other countries or regions trans-shipment or temporary storage, and meets the following conditions, shall be considered as "direct traffic":

(A) the goods after these countries or regions are only for geographical reasons or transport needs;

(B) the trade or consumer does not enter the country or region;

(C) the goods after these countries or regions, not in addition to loading and unloading, logistics spun off or required to keep the goods in good condition other than the treatment;

    (D) in any of these countries or regions under customs supervision.

The 14th article upon import of the goods declaration, import cargo consignee or his agent shall be filled in accordance with customs declaration of the People's Republic of China Customs import goods declaration (hereinafter referred to as the import declaration), affirms the application of the ice in the free trade agreement tariff rate, and submit the following documents:

(A) Iceland authorities issued by the original certificate of origin (see annex 1) or Iceland approved exporter shall complete a declaration of origin of the originals (see annex 2).

(B) goods of commercial invoices and related transport documents.

    Transported goods through other countries or regions in China shall submit the from Iceland to China's entire transport documents, issued by other national or regional customs documentation or other documentation approved by the customs.

15th country of origin declared as Iceland imports, consignee or their agents at the time of import declaration has not submitted certificates of origin or a declaration of origin, should be completed in time before the customs formalities in respect of the imports Iceland originating status in accordance with customs requirements for supplementary declaration (see annex 3). Import cargo consignee or their agents in accordance with the provisions of the first paragraph of this article on imported goods of Iceland originating status to supplement the customs declaration, Customs may apply based on the imported goods by the consignee or his representative, charged the tax equivalent of bond after release of the goods, in accordance with the provisions of import procedures, the customs statistics.

In accordance with laws and administrative regulations, except for those provided guarantee.

Import cargo consignee or their agents in accordance with the first paragraph of this article supplement, and together with the Bank or non-bank financial institutions guarantees, guarantees in conformity with the People's Republic of China relevant provisions of the regulation on customs import and export taxes, customs and Excise Department can review accepted. Goods declared imports Shi, imports goods consignee or its agent not submitted effective origin certificate original or origin statement, also not on the imports real whether has Iceland native qualification to customs for added declared of, its declared imports of goods not applies in the ice since trade agreement agreement tax, customs should law according to the goods applies of MFN tax, and general tax or other tax meter levy tariff and the imports link customs generation tax, and according to provides handle imports procedures, and for customs statistics.

    Consignee or their agents on taxation after the release of the goods submitted to customs certificates of origin or a declaration of origin, has no tax adjustment.

16th both of the following conditions, the import cargo consignee or his agent may within 6 months from the date of the bonds, to the Customs to apply for refund of security deposit:

(A) upon import of goods of Iceland originating status to supplement the customs declaration, affirms the application of the ice in the free trade agreement tariff rate;

(B) submit a valid certificate of origin or a declaration of origin, as well as customs and other import-related documents requested.

Customs audits, warranty period specified in the first paragraph of this article may be extended, but shall not exceed 1 year. Since the date of the deposit within 6 months or audited by customs within the extended warranty period, import cargo consignee or his agent does not apply for refund the deposit, shall immediately deposit into the import duties of customs formalities, customs statistics also revised accordingly.

    Submitted to the Bank or non-bank financial institutions guarantee, Customs shall from the date of expiry of the warranty period of 6 months or tax requirements within the prescribed guarantee period the guarantee the guarantor to perform the corresponding tax obligations.

17th originating in Iceland imports through customs for approval of customs value does not exceed US $ 600, exempted from submitting the certificate of origin or a declaration of origin.

    To avoid these rules, one or more imported goods, prescribed in the preceding paragraph shall not apply.

The 18th article import cargo consignee or its agent the certificate of origin shall be submitted to the customs at the same time meets the following conditions:

(A) has a unique certificate number;

(B) State with one or more of the goods for shipment of imported goods;

(C) indicates that the goods have the basis of originating status;

(D) Iceland notified the Chinese customs security features such as sample of signature or seal;

(E) printing in English input.

    Certificates of origin shall be issued when the goods prior to export, or export, and valid for 1 year from the date of issue. 19th due to force majeure certificates of origin are not prior to export or export issued under the replacement within 1 year from the date of shipment of the goods.

Replacement of certificate of origin certificate of origin should the "remarks" column note "issued retrospectively". Certificate of origin of stolen, lost or destroyed, and without the use of import cargo to the consignee or his agent may within the period of validity of the certificate requires that the goods be exporters or manufacturers to the Iceland authorities issue a copy of the certificate of origin.

The copy should be marked "the original certificate of origin (number ____ ____ date) certified true copy" copy same validity as the original. Certified copy of the certificate of origin is submitted to the customs, the original certificate of origin failed.

    The original certificate of origin has been used, certified copies of the certificate of origin is not valid.

The 20th article import cargo consignee or their agents to submit to the customs declaration of origin shall also comply with the following conditions:

(A) Iceland approved exporters of complete, and included Iceland informed the Chinese Customs seals used by the enterprise;

(B) the authorization by the approved exporter shall complete a declaration of origin of the callout numbers;

(C) goods listed in line with the ice in the free trade agreement rules of origin;

(D) a declaration of origin should be completed before the goods are imported.

    (E) a declaration of origin should be completed within 1 year of the date is valid.

21st in order to determine the authenticity of the certificate of origin or a declaration of origin and accuracy, the origin of the goods qualified or whether the goods meet the other requirements of this regulation, customs can assure Iceland verification request from the institution concerned, or in accordance with their customs and other procedures agreed for verification. During the wait for the results of the verification period, in accordance with the imported goods to the consignee or his agent application, Customs may choose according to law in accordance with the applicable MFN rate, the general tax or other taxes charged the tax equivalent of bond after release of the goods, in accordance with the provisions of import procedures, the customs statistics.

After the verification is complete, the Customs according to the results of the verification, tax margin for the security deposit refund procedures or to import formalities, the customs statistics should be modified accordingly.

    Imports of goods belonging to the national prohibition or restriction of imports or there is suspicion of fraud, customs verification before the completion of the certificate of origin shall not release the goods.

22nd with one of the following circumstances, ice in the imports of goods does not apply to the free trade agreement tariff rate:

(A) imported goods that are not in compliance with these regulations;

(B) the imported goods to the consignee or his agent, exporter or ice manufacturers failing to comply with the provisions of the free trade agreement;

(C) the certificate of origin or a declaration of origin is not in compliance with these regulations;

(D) the authorized institution on a certificate of origin name, security features and customs filing inaccurate;

(E) a declaration of origin on the authorization by the approved exporter name, number or a seal of the samples conformity with the customs information;

    (F) the proposed date of the verification request, the Department does not have the ice received within the period provided for in the free trade agreement verification feedback, or feedback the result does not contain sufficient to determine the certificate of origin, authenticity or declaration of origin of goods origin information.

    23rd when the export declaration, export cargo shipper or his agent shall be filled in accordance with customs declaration of the People's Republic of China Customs export declaration, and to submit to the customs of the ice under the free trade agreement certificate of origin in electronic data or copy of the original certificate of origin.

    24th article import and export under the ice in the free trade agreement on the goods and their packaging is marked with a mark of origin, its mark of origin should be dealt with in accordance with the consistent way to determine the origin of the goods. 25th article customs according to business secret obtained as provided herein in accordance with the obligation to keep confidential.

    Without consent of the consignor or consignee of import and export goods, the Customs shall not be disclosed or used for other purposes, but the laws, administrative regulations and the relevant judicial interpretations except as otherwise provided.

    26th in violation of these regulations, constitutes acts of smuggling, in violation of customs regulations and other acts in violation of the Customs Act, by the customs in accordance with the Customs Act and the People's Republic of China Customs administrative penalty be dealt with implementation of the relevant provisions of the Ordinance constitutes a crime, criminal responsibility shall be investigated according to law.

The 27th article of the way the meaning of the following terms:

Material is used to produce or into another used goods the goods, and includes parts or ingredients;

Production means growing, raising, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling a good;

Producers refers to the cultivation, husbandry, mining, harvesting, fishing, trapping, hunting, manufacturing, processing or assembling goods of a person.

Simple, does not require special skills, nor do they need specially manufactured or assembled machinery, apparatus or equipment behavior.

    Simple mixing does not include chemical reactions.

    28th article this way interpreted by the General Administration of customs.

29th these measures come into force on July 1, 2014. Annexes: 1. Certificate of origin 2. Declaration of origin 3.

Originating status affirmed (Pictures and text)