People's Republic Of China Administrative Provisions On Customs Import And Export Preferential Origin

Original Language Title: 中华人民共和国海关进出口货物优惠原产地管理规定

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People's Republic of China administrative provisions on customs import and export preferential origin

    (January 8, 2009 the General Administration of Customs released 181th as of March 1, 2009) first in order to properly determine the origin of import and export goods under preferential trade agreements, regulate customs import and export administration of origin of goods under preferential trade agreements, in accordance with the People's Republic of China Customs law (hereinafter referred to as the Customs Act), the People's Republic of China regulations on import and export duties and the People's Republic of China import and export goods of origin Ordinance, these rules are formulated.

    Provisions of this article apply to the customs of the origin of import and export goods under preferential trade agreement management.

    Article from preferential trade agreement countries or regions (hereinafter referred to as Member States or regions) direct transportation of imported goods, in line with one of the following, for the Member State or region of origin, applying the People's Republic of China import and export tariffs of preferential trade agreements in the corresponding rate or preferential tariff (hereinafter referred to as agreements or preferential tax rates tax rates):

    (A) totally obtained or produced in that Member State or region;

    (B) not wholly obtained or produced in that Member State or region, but in accordance with the provisions set forth in fifth and sixth.

    Article III of the fourth article of the rules (a) referred to "wholly produced or obtained in that Member State or region" refers to the goods:

    (A) within the territory of that Member State or region plant products harvested, picking or gathering;

    (B) was born and raised in the territory of that Member State or region of activity;

    (C) in the territory of that Member State or region or territorial sea mining, the extraction of minerals;

    (D) meet the full standards of goods under preferential trade agreements.

    Fifth article of the provisions of article III (b), the "not wholly obtained or produced in that Member State or region" of goods, in accordance with the relevant provisions of preferential trade agreements change in tariff classification standards, regional value content standards, manufacturing process standards or other criteria to determine their country of origin.

    (A) a change in tariff classification standards, refers to material originating in non-member countries or territories in the exporting Member States after manufacture, processing or territory, obtained goods in the trade name and changes in the harmonized system of tariff classification.

    (B) the regional value content standards, refers to the FOB export price (FOB) deducting the production process of the goods in the Member States or non-originating materials prices, the remaining purchase price FOB export price (FOB) as a percentage of.

    (C) the manufacturing process standards, means giving the processed goods derived from the basic features of the primary process.

    (D) other standards refers to in addition to the above criteria, or regions of Member States agreed to use other criteria for determining the origin of goods.

    Sixth in preferential trade agreements in a Member State or region of origin of goods or materials on the same preferential trade agreement of another Member State or territory for the production of other goods, and constitute another component of the goods, the goods or materials shall be considered as originating in the territory of another Member State or region.

    Article seventh for ease of loading, transport, storage, distribution processing, packaging, display minimal operations or processes, does not affect the origin determination of goods.

    Eighth used to protect a good during transportation of the packaging materials and containers do not affect the origin determination of goods.

    Nineth goods used in the production process, does not in itself constitute components of the goods nor goods components of materials or articles, its origin is not affecting the origin determination of goods.

    Tenth article of the provisions referred to in article "direct traffic" refers to the goods imported under preferential trade agreements from which members or direct transport to the territory of China, is not on the way outside the areas affected by the agreement's Member States or other countries or regions (hereinafter referred to as other countries or regions).

    Originating in the Member States of the preferential trade agreement or parts of the goods after transport to other countries or regions in China, whether in transit, trans-shipment or temporary storage, and meets the following conditions, shall be considered as "direct traffic":

    (A) when the goods through other countries or regions without exception of the processing required to keep the goods in good condition;

    (B) the goods in other countries or regions stay does not exceed the corresponding duration of preferential trade agreements;

    (C) the goods in other countries or regions for temporary storage, under the supervision of the customs in the country or region.

    11th law and administrative regulations to be able to issue certificates of origin for exported goods authority (hereinafter referred to as certifying authority) may issue a certificate of origin of exported goods under preferential trade agreements.

    12th certifying authority should be in accordance with this provision and preferential trade agreements under the rules of origin established by issuing certificates of origin for exported goods.

    13th article customs certifying authority should be in accordance with the provisions of article 12th issue certificate of origin of exported goods under preferential trade agreements monitoring and inspection.

    Certifying authority should be submitted regularly to the General Administration of customs in accordance with this article 12th issue certificate of origin of exported goods under preferential trade agreements of the situation.

    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 Declaration, affirming that rate is applicable or preferential tax rates, and also submit the following documents:

    (A) effective the original certificate of origin of the goods, or relevant declarations of origin under the preferential trade agreements;

    (B) goods commercial invoice, transport documents and other commercial documents.

    Transport of goods through other countries or regions to China, shall be submitted in accordance with provisions of the second paragraph of this article tenth through bills of lading and other documents in other countries or regions for temporary storage, should also be submitted to the national or regional customs certificate of accordance with the second paragraph of this article tenth of additional files.

    15th article import cargo consignee or its agent the certificate of origin shall be submitted to the customs at the same time meet the following requirements:

    (A) consistent with the corresponding preferential trade agreements certificate format, fill in content, signature, submission deadlines and other provisions;

    (B) commercial invoices, customs declarations and other documents consistent.

    16th Declaration of origin of goods for preferential trade agreement Member States or regions, and imported goods to the consignee or his agent fails to comply with the provisions of article 14th submitted certificates of origin, declarations of origin, should be whether the imported goods in the import declaration have the corresponding preferential trade agreement Member States or region of origin entitled to supplement the customs declaration (see annex).

    17th article import cargo consignee or their agents in accordance with the provisions of article 16th supplementary declarations, customs officers may apply based on the imported goods by the consignee or his representative, in accordance with the tariff rate or the equivalent preferential tariff charged margin after release of the goods, and in accordance with the provisions of import procedures, the customs statistics.

    The Customs deem it necessary to import cargo consignee or his agent submitted certificates of origin authenticity, whether the goods originating in the Member States of the preferential trade agreement or verification, shall, in accordance with the MFN rate applicable to the goods, the general tax or other taxes charged the tax equivalent of bond after release of the goods, and in accordance with the provisions of import procedures, the customs statistics.

    18th export goods declaration, consignor of export goods shall be filled in accordance with customs declaration of the People's Republic of China Customs export declaration, and to submit to the Customs electronic data or copy of the original certificate of origin certificate of origin.

    Article 19th in order to determine the origin of the goods is submitted by the import and export cargo to receive consignor certificate of origin match and other reporting documents, customs on import and export goods inspection, specific procedures in accordance with the People's Republic of China customs regulation on import and export goods inspection regulations.

    20th under preferential trade agreements on the import and export of goods and their packaging is marked with a mark of origin, its mark of origin indicated by the country of origin should be consistent with the origin of the goods shall be determined in accordance with this.

    Article 21st of the following circumstances, agreement on import of goods does not apply tax rates or special rates:

    (A) the import cargo consignee or their agents at the time of declaration for import of goods was not submitted in conformity with the provisions of origin certificate, Declaration of origin, nor as to whether imported goods eligible for supplementary declaration of origin;

    (B) the imported goods to the consignee or his agent has not provided the commercial invoice, transport documents, and other commercial documents or other proof is not submitted in accordance with the provisions of article 14th files;

    (C) the identification or verification, confirmation and Declaration of origin of goods is not, or is unable to determine the true origin of the goods;

    (Iv) does not comply with the requirements and the corresponding provisions of preferential trade agreements.

    22nd article customs deems it necessary, may request the exporting Member States or regional authorities to verify the origin of the goods imported under preferential trade agreements.

    Customs can also be based on the corresponding provisions of the preferential trade agreement origin verification visits.

    The 23rd article customs deems it necessary, for the verification of the origin of export goods under preferential trade agreements, to determine their country of origin.

    Should Member States of the preferential trade agreement or request customs to verify the certificate of origin or the country of origin of exported goods, and shall within the period specified in the corresponding preferential trade agreement feedback the results of verification.

    24th article import and export cargo to receive consignor may, in accordance with the People's Republic of China of the interim measures for the administration of the administrative rulings of customs regulations, apply to the customs administrative rulings of country of origin.
25th article customs according to relevant laws, administrative regulations, the provisions of the customs regulations, generally binding origin decision on import and export goods.

    Article 26th trade secrets acquired in accordance with the provisions of the customs law has an obligation of confidentiality.

    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.

    27th a violation of this provision, constituted acts of smuggling, in violation of customs regulations or other acts in violation of the Customs Act, by the customs in accordance with the Customs Act and the People's Republic of China relevant provisions of the regulations for the implementation of customs administrative penalty penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    28th article of the rules the following terms mean:

    "Production" refers to ways to get goods, including goods growing, raising, farming, mining, harvesting, fishing, trapping, hunting, trapping, gathering, collecting, cultivation, extraction, manufacturing, processing or assembling a good;

    "Non-originating materials", is used in the production of goods for non-preferential trade agreement Member States or region of origin of the materials and materials of unknown origin.

    29th article customs bonded agreement on sale of goods enjoying tax rates or specific measures for implementation of the preferential tariff shall be determined separately by the General Administration of customs.

    30th article of the provisions interpreted by the General Administration of customs.

    31st these provisions come into force on March 1, 2009.

Attachments: People's Republic of China Customs regulations on the management of preferential origin of goods imports originating status affirmed

I ________ (name and title) for the import cargo consignee/import cargo consignee agent (not applicable, please cross out), I hereby declare for customs declaration number ________ _______ listed the goods originated in the _____________, and in conformity with the People's Republic of China Customs import and export preferential origin of goods regulations and preferential rules of origin established under the trade agreement requirements. I would like to apply for such goods applicable under relevant preferential trade agreements agreement rates/special rates (not applicable, please cross out), and apply for recognizance after release of the goods.

My commitment to pay within 1 year from the date the goods are imported under the preferential trade agreement provisions of the certificate of origin.

签名:___________ 日期:___________

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