People's Republic Of China Customs Origin Of Import And Export Goods Under The Asia-Pacific Trade Agreement Management

Original Language Title: 中华人民共和国海关《亚太贸易协定》项下进出口货物原产地管理办法

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People's Republic of China customs origin of import and export goods under the Asia-Pacific trade agreement management

    (On November 3, 2008 Customs makes 177th, announced since on January 1, 2009 up purposes) first article to right determine Asia-Pacific trade agreement items Xia import and export goods origin, promote China and Asia-Pacific trade agreement other members 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 Asia-Pacific trade agreement of provides, developed this approach.

    Second approach applies to China and other Member States of the Asia-Pacific trade agreement (members are listed in annex 1) under the Asia-Pacific trade agreement between imported and exported goods, but in processing trade in bonded imports and domestic sales of goods does not apply to these measures.

    Changes in Member States of the Asia-Pacific trade agreement and separately by the General Administration of Customs announced.

    Article directly from the Member States of the Asia-Pacific trade agreement transportation of imported goods, in line with one of the following conditions, its origin to the Member States, application of the People's Republic of China import and export tariff (hereinafter the tariff) in the Asia-Pacific trade agreement tax rates or special rates:

    (A) wholly obtained or produced in that Member State;

    (B) the Member States non-wholly obtained or produced, but in line with the approach set forth in fifth, sixth or seventh.

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

    (A) in the Member State's territory, territorial waters or seabed mining or extraction of raw materials or minerals;

    (B) harvest agricultural products in the Member States;

    (C) animals born and raised in the Member States;

    (D) from the Member State mentioned in sub-paragraph (c) animal products obtained;

    (E) products obtained by hunting or fishing in the Member States;

    (F) vessels fishing on the high seas by the country access to fish and other seafood;

    (VII) on the factory ship of the country only by the above-mentioned paragraph (vi) proceeds of product processing and manufacturing of products;

    (H) in the Member States cannot be used for the original purpose, can no longer use old recycled parts or raw materials;

    (I) cannot be used for the original purpose of the collection in the Member States, cannot be restored or repaired, only fit for disposal, as recycling old items for parts or raw materials;

    (J) in the territory of that Member State in the production process of waste and scrap;

    (11) only by the Member States mentioned in (a) to (j) products obtained by processing the products listed. The fifth non-originating materials components does not exceed 55% a Member State, and finally finished goods production processes in the country, for the country of origin.

    Non-originating materials in the production process in the use of imported non-originating materials and material of origin unknown.

    Non-originating materials in the first paragraph of this article composition formula is as follows:

    Imported non-originating materials value + value of unknown origin materials

              _______________________________________×100%≤55%

    FOB price (FOB)

    Among them, imported non-originating material refers to the ability to confirm the value of raw materials, parts or products import cost, freight and insurance costs (CIF price); the value refers to the origin of the materials in the manufacturing or processing of goods in the territory of the Member States can be identified as the earliest of unknown origin raw materials, parts or products the price paid.

    The Member States are least developed countries, non-originating materials component does not exceed 65%.

    Calculation of the non-originating materials component pursuant to this article shall comply with the generally accepted accounting standards and the customs valuation agreement. Sixth in the processing and manufacturing of goods the Member States of the Asia-Pacific trade agreement, in line with the Asia-Pacific trade agreement under the product-specific rules of origin, shall be considered as originating in the Member States of the Asia-Pacific trade agreement.

    The standards are part of this approach, and separately by the General Administration of Customs announced.

    Article satisfies the requirements of article originating in the territory of a Member State as to enjoy tariff concessions end product raw materials, if the Member in the accumulation of the material components in the finished product is not less than 60% per cent of the free on board price may be considered manufacturing or processing the final product originating in Member States. 

    Originating goods in accordance with article, if the manufacturing or processing the final product for least developed Member States, Member in the accumulation of the material components in the finished product is not less than 50% per cent of the free on board price may be treated as originating goods of the least developed Member States.

    Article eighth the following minimal operations or processes do not affect the origin determination of goods:

    (A) for goods in transport or processing, storage in good condition, including ventilation, open, dry, frozen, salted, sulfur or other aqueous solutions, removal of damaged parts, etc;

    (B) the dedusting, filtering, sorting, classifying, matching (including parts of set pieces) of simple handling, washing, painting and chop;

    (C) changing the packing, dismantling and parcels;

    (D) simple slicing, cutting and packaging or bottling, bags, boxes, fixing on cards or boards, etc;

    (V) Paste on the goods or their packaging signs, labels or other similar use to differentiate tags;

    (F) simple hybrid;

    (VII) item parts simply assembled into a complete product;

    (H) slaughter of animals;

    (IX) skins, leather grain processing, bone;

    (J) subsection (a) to (I) combinations of two or more of the processing or treatment. Nineth when determining the origin of goods, packaging and the goods shall be considered as a whole.

    Together with the goods declaration for import of packaging should be separately classified according to the tariff, its origin identified separately.

    Article tenth of goods originating in the Member States of the Asia-Pacific trade agreement, by a Member State to another Member State exhibition and the exhibition or exhibition sales of imported goods, both of the following conditions are met, you can enjoy of the tariffs in the Asia-Pacific trade agreement tax rates or special rates:

    (A) the delivery of goods from the territory of the Member States actually to displayed at the exhibition where Member States; (b) the goods have been consigned during the exhibition or exhibition immediately sold to consignees of imported goods;

    (C) the Member States where the goods at the exhibition in the exhibition under customs supervision.

    The show upon import of the goods, import cargo consignee shall submit to the customs certificates of origin.

    Exhibition under this article include exhibitions, trade fairs or similar exhibitions and shows.

    The 11th article of the measures referred to in article "direct traffic" means:

    (A) goods transported without passing any non-Member State;

    (B) goods whose transport involves transit through non-Member States, irrespective of whether these national or regional trans-shipment or temporary storage, but at the same time comply with the following conditions:

    1. due to geographic reasons or for transportation needs;

    2. goods into trade or consumption in the country or region;

    3. the goods in these countries or regions, not in addition to loading and unloading or other treatment necessary to keep the goods in good condition other than the treatment.

    The 12th article upon import of the goods declaration, import cargo consignee must comply with customs reporting requirements filled in the People's Republic of China Customs import declaration affirming the applicable tax rate or an ex gratia payment to the Asia-Pacific trade agreement, and also submit the following documents:

    (A) specified by the Member Governments of the Asia-Pacific trade agreement institution upon export of the goods at issue or shipment within 3 business days after the issuance of the original certificate of origin (see annex 2).

    Due to force majeure cannot be submitted within 1 year from the date of issue of the certificate of origin certificate of origin, import cargo consignee must submit proof.

    (B) goods commercial invoice, packing list and its associated transport document.

    Transported goods through other countries or regions in China, consignees of imported goods shall be presented in the territory of the Member State issuing the through Bill of lading, the commercial invoice of the goods, and demonstrate compliance with these measures the 11th article (b) provision of relevant documents.

    Goods declared imports Shi, imports goods consignee not affirmed applies Asia-Pacific trade agreement agreement tax or ex gratia tax, also not while submitted Asia-Pacific trade agreement members Government specified institutions issued of origin certificate original of, its declared imports of goods not applies Asia-Pacific trade agreement agreement tax or ex gratia tax, customs should law select according to the goods applies of MFN tax, and general tax or other tax meter levy tariff and the imports link customs generation tax.

    13th article import cargo consignee to a submitted to the Customs authorities of the Member States of the Asia-Pacific trade agreement certificate of origin shall also comply with the following conditions:

    (A) by the Government of that Member State designated agencies in either manual or electronic form;

    (B) in line with the form set out in the annex to the present measures, with international standard A4 paper, the text in English;

    (C) certification seal and the seal impression of the Member States had notified the Chinese customs in line. The certificate of origin shall not be altered and overprinting.

    All fill gaps should be off, in case later to fill in.

    14th within 1 year from the date of issue of the certificate of origin is valid. 15th certificates of origin of stolen, lost or destroyed, the import cargo consignee may require the consignor of export goods to the certifying authority a written application during the validity of the original certificate issued by the certified true copy of the certificate of origin.

    The copy should be marked "certified true copy of this" and indicate the date of issue of the original certificate.

    Customs of the 16th Asia-Pacific trade agreement certificate of origin authenticity or related goods not originating in the Member States of the Asia-Pacific trade agreement in doubt, can be submitted to the relevant bodies of the Member States of the Asia-Pacific trade agreement origin verification request. During the period of waiting for the results of the verification, 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, immediate tax margin for the security deposit refund procedures or to import procedures. Within 4 months from the date of the verification request is made, the Department did not receive verification results to the relevant bodies of the Member States of the Asia-Pacific trade agreement, or reply result does not contain enough to determine the origin of the certificate of authenticity or the true country of origin information, does not enjoy the discount preferential tariff rate or rates of related goods, the Customs shall immediately deposit formalities to import duties and taxes.

    Customs statistics also revised accordingly.

    Import goods belonging to countries to restrict the import of, or suspected offence, Customs shall not release the goods before completion of verification of the certificate of origin.

    17th Declaration of export goods, exports the cargo the consignor shall submit to the Customs Asia-Pacific trade agreement certificate of origin in electronic format and cannot be submitted in electronic format, exports the cargo the consignor shall submit to the Customs copy of the original certificate of origin. 18th article customs according to business secret obtained as provided herein in accordance with the obligation to keep confidential.

    Without consent of the imported goods to the consignee, 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.

    19th 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.

    20th the following terms shall have the meanings herein:

    "Mineral" includes mineral fuels, lubricants and related materials, and metal ores and ore;

    "Agricultural products", including forestry products; "Vessel", fourth paragraph these measures (f) referred to "vessels" means fishing vessels engaged in commercial fishing, registered in a Member State and the Member countries of the Asia-Pacific trade agreement one or more citizen government business, or partner registered in that Member State, enterprises, associations, business. Civil government departments of the Member States should at least have a net asset value of the vessel 60%; or the citizens of the Member States of the Asia-Pacific trade agreement on market Government sector net asset value should be at least 75% of the vessel.

    But in vessels on loan in accordance with bilateral agreements between Member States to share fishing products, products obtained from the commercial fishing vessels should also enjoy preferential tariff concessions; "Factory ship" subsection of this article fourth (g) referred to in item "factory ship" refers to the ship only to the way the fourth paragraph (vi) products in the production of ships.

    By government agencies operate vessels or factory ships not flying the flags of Member States require limited;

    "Customs valuation agreement" is defined as the part of the Marrakesh Agreement establishing the World Trade Organization on the implementation of the 1994 customs duties with the 7th article VI of the GATT agreement.

    21st article this way interpreted by the General Administration of customs. 22nd article this way come into force on January 1, 2009.

    December 30, 2001, released by the General Administration of customs, the 94th of the People's Republic of China Customs on the Asia and Pacific Economic and Social Council members on trade negotiations developing countries under the first agreement of the origin of imported goods regulations repealed simultaneously.

    Annexes: 1. membership of the Asia-Pacific agreement

    2. the samples of certificate of origin annex 1: list of Member States of the Asia-Pacific agreement

    China, Korea, and India, Bangladesh, Sri Lanka and Laos, Bangladesh and Laos for the least-developed Member States

Annex 2
                             SAMPLE CERTIFICATE OF ORIGIN
                        Asia-Pacific Trade Agreement
(Combined declaration and certificate)
┌─────────────────────┬──────────────────┐ │ 1.                       Goods consigned from: │Reference No.

│(Exporter's business name,address,country)│ │
│                                          │Issued in                           │             │                                          │         …………………

│                                          │         (Country)                  │
├─────────────────────┼──────────────────┤ │ 2. Goods consigned to: │3.
For Official use │
│(Consignee's name,address,country) │ │
│                                          │                                    │
│                                          │                                    │
├─────────────────────┴──────────────────┤ │ 4.
Means of transport and route: │
│                                                                                │
│                                                                                │
├───────┬──────┬──────┬─────┬─────┬──────┤ │ 5. Tariff item │6. Marks and │7. Number │8. Origin │9. Gross │10.
Number │
│number: │number of │and kind of │criterion │weight │and date of │
│ │Packages: │packages/ │(see notes│or other │invoices: │
│ │ │description │overleaf) │quantity: │ │
│              │            │of goods:   │          │          │            │
│              │            │            │          │          │            │
│              │            │            │          │          │            │
│              │            │            │          │          │            │
├───────┴──────┴──────┼─────┴─────┴──────┤ │ 11. Declaration by the exporter: │12.
Certificate │
│The undersigned hereby declares that the │ It is hereby certified on the │
│above details and statements are correct: │basis of control carried out, that │
│that all the goods were produced in │the declaration by the exporter is │                            │                                          │correct.

│                                          │                                    │
│                                          │                                    │              │  …………………………………
│                                    │
│      (Country)                           │                                    │
│and that they comply with the origin │ │
│requirements specified for these goods in │ │
│the Asia-Pacific Trade Agreement for goods│ │
│exported to                               │                                    │
│                                          │                                    │
│                                          │                                    │         │                                          │ …………………………………
│                │…………………………………
│ Place and date,signature and │
│(Importing Country) │ Stamp of Certifying Authority │
│                                          │                                    │
│                                          │                                    │
│                                          │                                    │             │   …………………………………
│                                    │
│ Place and date,signature of authorized │ │
│   Signatory                              │                                    │

└─────────────────────┴──────────────────┘

    Notes for completing Certificate of Origin

    Ⅰ.General Conditions:

    To qualify for preference,products must:

    a)fall within a description of products eligible for preference in the list of concessions of an Asia-Pacific Trade Agreement country of destination; b)comply with Asia-Pacific Trade Agreement rules of origin.

    Each article in a consignment must qualify separately in its own right;and c)comply with the consignment conditions specified by the Asia-Pacific Trade Agreement rules of origin.

    In general,products must be consigned directly within the meaning of Article 11 hereof from the country of exportation to the country of destination.

    Ⅱ.Entries to be made in the boxes

    Box 1 Goods Consigned from Type the name,address and country of the exporter.

    The name must be the same as the exporter described in the invoice.

    Box 2 Goods Consigned to Type the name,address and country of the importer. The name must be the same as the importer described in the invoice.

    For third party trade,the words"To Order"may be typed.

    Box 3 For Official Use

    Reserved for use by certifying authority. Box 4 Means of Transport and Route
    State in detail the means of transport and route for the products exported. If the L/C terms etc.do not require such details,type"By Air"or"By Sea".

    If the products are transported through a third country this can be indicated as follows:e.g."By Air" "Laos to India via Bangkok"

    Box 5 Tariff Item Number

    Type the 4-digit HS heading of the individual items.

    Box 6 Marks and Numbers of Packages

    Type the marks and numbers of the packages covered by the Certificate.This information should be identical to the marks and numbers on the packages.

    Box 7 Number and Kind of Packages;Description of Goods Type clearly the description of the products exported. This should be identical to the description of the products contained in the invoice.

    An accurate description will help the Customs Authority of the country of destination to clear the products quickly.

    Box 8 Origin Criterion Preference products must be wholly produced or obtained in the exporting Participating State in accordance with Article 4 of this measures,or where not wholly produced or obtained in the

    exporting Participating State must be eligible under Article 5,Article 6 or Article 7.

    a)Products wholly produced or obtained:enter the letter"A"in Box 8.

    b)Products not wholly produced or obtained:the entry in Box 8 should be as follows: 1.Enter letter"B"in Box 8,for products which meet the origin criteria according to Article 5 paragraph 1.Entry of letter"B"would be followed by the sum of the value of materials, parts or produce

    originating from,non-Participating States,or undetermined origin used,expressed as a percentage of the f.o.b.value of the products;(example"B" 50 per cent); 2.Enter letter"C"in Box 8 for products which meet the origin criteria according to Article 7 Paragraph 1.Entry of letter"C"would be followed by the sum of the aggregate content originating in the

    territory of the exporting Participating State expressed as a percentage of the f.o.b.value of the exported product;(example"C"60 per cent);

    3.Enter letter"D"in Box 8 for products which meet the special origin criteria according to Article 5 paragraph 3 or Article 7 paragraph 2.

    Box 9 Gross Weight or Other Quantity

    Type the gross weight or other quantity(such as pieces,kg)of the products covered by the Certificate.

    Box 10 Number and Date of Invoices State number and date of the invoice in question.

    The date of the invoice attached to the Application should not be later than the date of approval on the Certificate.

    Box 11 Declaration by the Exporter The term"Exporter"refers to the shipper who can either be a trader or a manufacturer. Type the name of the producing country and the importing country and the place and date when the declaration is made.

    This box must be signed by the Company's authorized signatory.

    Box 12 Certification

The certifying authority will certify in this Box.
                                  Sample certificate of origin Asia-Pacific trade agreement (Chinese version is for reference only)
(Declaration and certificate)
┌───────────────────┬────────────────────┐
│ 1. goods shipped from (exporter's name, address, country): │ number: │
│                                      │                              签发      │          │                                      │      ………………………………

│                                      │             (国家)                   │
├───────────────────┼────────────────────┤
│ 2. shipment (consignee's name, address, country): │ 3. official use │
│                                      │                                        │
│                                      │                                        │
│                                      │                                        │
├───────────────────┴────────────────────┤
│4.运输工具及路线                                                                │
│                                                                                │
│                                                                                │
│                                                                                │
├─────┬─────┬───────┬──────┬──────┬──────┤
│ 5. tariff lines │ 6. packing mark │ 7. number and kind of packages ¦ 8. origin criteria │ 9. gross weight or │ 10. invoice number │
│ │ │ And coding class goods │ (see back page says │ his date and quantity │ │
│          │          │              │明)        │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
│          │          │              │            │            │            │
├─────┴─────┴───────┼──────┴──────┴──────┤
│11.出口人声明                         │12.证明                                 │
│ The following signatory that the information and affirms the true │ according to the regulation, to certify the exporter │
│讹,所有货物产自                      │申报正确                                │
│                                      │                                        │
│                                      │                                        │      │      …………………………………
│                                        │
│            (国家)                  │                                        │
│ Asia-Pacific trade agreement and in accordance with the rules of origin related │ │
│规定,该货物出口至                    │                                        │
│                                      │                                        │
│                                      │                                        │      │      …………………………………
│                                        │
│              (进口国)              │                                        │
│                                      │                                        │
│                                      │                                        │      │      …………………………………       │       …………………………………

│ Reporting location, date and place and date signature of authorized signatory │, signature and seal of the issuing institution │

└───────────────────┴────────────────────┘

    Back page filled description

    First, general principles:

    Enjoy tariff concessions of the goods must comply with the following conditions:

    1. Asia-Pacific trade agreement, import tariff reduction offers the list of the Member States. 2. in line with the Asia-Pacific trade agreement rules of origin.

    With each item in the shipment of goods to comply with the rule. 3. in accordance with the direct transport in the Asia-Pacific trade agreement rules of origin provisions.

    Under normal circumstances, the goods must be in accordance with the methods provided for in 11th transport directly from the exporting country to the importing country.

    Second, should fill out the contents of each column of the table: 1th bar: the exporter of the goods. Indicate the full name, address and country of the exporter.

    Shall be consistent with the name of the exporter on the invoice. 2nd column: the consignee of the goods. Indicate the recipient's full name, address and country. The consignee name must match the name on the invoice to the importer.

    If the third-party trade, should be marked as "endorsement". 3rd column: the official use.

    Filled in by the issuing certificate authority. 4th column: means of transport and route. Detailing of export goods and means of transport and route.

    If letters of credit and other documents when they are not set out in detail, and should be noted as "air" or "marine"; If goods in transit through a third country, shall be indicated in the following ways:

    For example: "air," "from Laos to India via Bangkok" 5th column: tariff lines.

    Note 4-digit HS code of the goods. 6th column: packaging and shipping marks and numbers. Indicate the marks and numbers on packages.

    Should be consistent with the marks and numbers on the packages. 7th column: the number and kind of package; names of goods. Indicate the names of export goods. Should be consistent with the name on the invoice.

    Accurate description of goods to import customs clearance. The 8th column: origin criteria.

    Enjoy tariff concessions of the goods must comply with the provisions of this article fourth of the way was wholly produced or obtained by exporting members; or in non-exporting members full access or production of these measures are consistent with the fifth, sixth or seventh article.

    1. wholly obtained or produced: in the 8th column, fill in the letter "a"

    2. non-wholly obtained or produced: the 8th column should fill in the following ways: (1) if in accordance with the fifth article of the way the rules of origin, in the 8th column, fill in the letter "b".

    The letter "b" back fill with non-Member States of origin or a material of unknown origin, part, or the total value of the products, in the FOB export price (FOB price) as a percentage of (such as "b", 50%); (2) if in accordance with the seventh article of the way the rules of origin, in the 8th column, fill in the letter "c".

    The letter "c" fill in the exporting Member State origin in the back of the cumulative sum of components, in the FOB export price (FOB price) per cent expressed as a percentage (for example, "c", 60%);

    (3) if the rules of origin section of the approach of the fifth third or seventh special standards provided for in the second paragraph of article, the 8th column, fill in the letter "d"; 9th column: the gross weight or other quantity.

    Indicate the gross weight or other quantity of the goods (such as pieces, kg). 10th column: the invoice number and date. Indicate the invoice number and date.

    On the accompanying invoice date must not be later than the date of the official opening of the formats of certificates of origin. 11th bar: export declaration. "Exporter" means the shipper, the shipper can be a provider or a manufacturer. Country of origin to be indicated in the Declaration, importers, addresses, and dates.

    This column should be signed by the authorized officer of the company. The 12th bar: prove it. This column by the governmental authorities ' stamp and signature confirmation.

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