People's Republic Of China-Pakistan Free Trade Agreement The Customs Administrative Measures For The Origin Of The Goods Imported Under

Original Language Title: 中华人民共和国海关《中巴自贸协定》项下进口货物原产地管理办法

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(Customs makes 162th, announced since July 1, 2007 up purposes) first article for right determine People's Republic of China Government and Government free trade agreement (following referred to CMB since trade agreement) items Xia imports goods of origin, promote both 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 CMB since trade agreement of provides, developed this approach.     Second approach applies to imports from Pakistan of the CMB goods under the free trade agreement, subject to the processing trade in bonded imports and domestic sales of goods does not apply to these measures.     Third article from Pakistan directly transport imports of goods, meet following conditions one of of, its origin for Pakistan, applies People's Republic of China import and export tariff (following referred to tariff) in the of CMB since trade agreement tax: (a) in Pakistan completely get or production of; (ii) meet this approach fifth article, and sixth article or seventh article provides of in Pakistan non-completely get or production of. Fourth article this approach third article subsection (a) items by said "in Pakistan completely get or production" of goods is refers to: (a) in Pakistan harvest, and picked or collection of plant and the plant products; (ii) in Pakistan was born and feeding of activities real; (three) in Pakistan from this article subsection (ii) items activities real get of products; (four) in Pakistan hunting, and trap, and fishing, and aquatic farming, and collection or capture proceeds of products; (five) from Pakistan territory, and territorial waters, and sea bed or sea bed subsoil mining, and Extraction of except this article subsection (a) items to subsection (four) items yiwai of minerals or other natural generated of material; (six) from Pakistan according to international law provides right to development of the country territorial waters yiwai of waters, and sea bed or sea bed subsoil get of products; (seven) in Pakistan registered of vessels or legal hanging the country flag of vessels in high seas fishing get of fish and the other seafood; (eight) in Pakistan registered of processing ship or legal hanging the country flag of processing ship Shang only using this article subsection (seven) items products processing, and     Manufacturing of products; (nine) in Pakistan from both cannot for original uses, and also cannot recovery or repair of items Shang recycling of parts or raw materials; (10) in Pakistan collection of both cannot for original uses, and also cannot recovery or repair, only for abandoned or as part raw materials of recycling, or only for for regeneration uses of items; (11) in Pakistan territory production processing process in the produced of waste broken material;     (12) in this section only (a) to (11) of the products listed in processed products obtained in Pakistan.     Fifth article of the way article III (b), the term "non-goods wholly obtained or produced in Pakistan" is a Pakistani native components of no less than 40% of the goods.     When native components in the calculation, the following formula shall be applied: in the formula above, the price shall be of the non-originating materials for the following one of two prices: (a) upon import of materials cost, insurance and freight (CIF), (ii) was first established in Pakistan for the use of unknown origin material for manufacturing or processing the price paid.     Except as otherwise provided in article sixth, this approach has been used in Pakistan article production applies goods as the China-Pakistan free trade agreement rate of manufactured materials, and manufactured goods originating in China today, Pakistan's composition is not less than 40%, then the manufactured goods shall be considered as originating in Pakistan. Article seventh in Pakistan processing and manufacturing of goods, rules of origin in accordance with the China-Pakistan free trade area (hereinafter referred to as the CMB rules of origin) under the product-specific rules of origin, shall be considered as originating in Pakistan.     The standards are part of this approach, and separately by the General Administration of Customs announced.     Eighth article in according to this approach third article determine goods origin Shi, following tiny processing and the processing not effect goods origin of determine: (a) for makes goods in transport or storage in the keep good state and for of processing, for example dry, and frozen, and ventilation, and drying, and cooling, placed salt or sulfur dioxide in the, and with brine or other water solution save, removal has destroyed part, similar processing; (ii) dust, and filter, and classification, and grading, and match (that sets items of combination), cleaning, and Shang paint and cutting;     (Three) for easy shipment goods and for of change packaging, and split or Assembly; (four) simple of cutting, and slice and again packaging, or loaded bottle, and loaded bags, and boxing, and fixed Yu cardboard or wood Shang, and other simple packaging; (five) in products or its packaging Shang paste logo, and label or other similar of difference mark; (six) on products for of simple mixed, regardless of its whether for similar products, but mixed by with components should not belongs to this approach third article provides of products;     (VII) simple Assembly of parts of articles into a complete article; (h) the disassembling of the complete article; (IX) the slaughter of animals, (10) or other substances to dilute with water only and does not change the nature of the goods, (11) subsection (a) to (j) of the combination of two or more of the processing, handling.     Nineth article herein, the term "direct traffic" refers to the China-Pakistan free trade agreement directly under import goods from Pakistan to China. Imports goods transport to China, and meet following conditions one of of, considered from Pakistan directly transport: (a) goods without had any China and Pakistan zhiwai of national or area territory transport; (ii) goods transport way after a or multiple China and Pakistan zhiwai of national or area, in these national or area regardless of whether conversion transport tool or for temporary store, but while meet following conditions: 1. only due to geographic reasons or transport need; 2.     Goods into trade or consumption in these countries or regions, 3. in addition to loading and unloading or other processing of the goods in good condition, without any other processed goods in those countries or regions.     Tenth Article declaration together with the goods import and should be according to the tariff classification of the goods packaging, packaging materials, containers and accessories, spare parts, tools, presentation materials, its origin does not influence the determination of the origin of the goods. 11th article except another has provides outside, in determine goods of origin Shi, goods production process in the using of, and itself not constitute goods material components, and also not became goods composition parts of following material, its origin not effect goods origin of determine: (a) fuel and energy; (ii) tool, and mold and the mold; (three) for maintenance equipment and the plant of spare parts and material; (four) in production in the using of, or for run equipment and plant of lubricant, and lubricants, and composite and the other material; (five) gloves, and glasses     , Shoes, clothing, safety equipment and supplies; (vi) for testing or inspection of equipment, devices and supplies (g) catalysts and solvents; (VIII) used in the production process, although it does not form part of the goods, but it can reasonably demonstrate that their participation in the production of any material.     12th article upon import of the goods declaration, import cargo consignee must take the initiative to a submitted to the Customs authorities designated by the Pakistan Government issued the original certificate of origin (see annexes), and in accordance with customs reporting requirements to fill the People's Republic of China Customs Import Declaration (hereinafter referred to as the Declaration), affirming that the Pakistan free trade agreement tax rate applicable. Consignees of imported goods submitted to customs by the Pakistan form set out in annex to the certificate of origin must be consistent with this approach, using international standard A4 paper, the text in English.     Certificates of origin shall not be altered and overprint.     Listed on the certificate of origin or more shall be the same batch of goods imported to China goods originating in Pakistan, a copy of the certificate of origin shall correspond to a copy of the Declaration of. 13th article imports goods after a or multiple China and Pakistan yiwai of national or area transport of, imports goods consignee should to customs submitted following file: (a) in Pakistan issued of transport bills of lading; (ii) Pakistan about government institutions in goods export Qian, and export Shi, or in goods actual export Hou 15th within issued of origin certificate; (three) goods of original commercial invoice; (four) goods after other national or area transport to China territory of,     Consignees of imported goods should also be submitted in accordance with the customs of the country or region customs documents.     14th article in special situation Xia, due to non-subjective fault, and fault or other reasonable reasons, origin certificate failed to according to this approach 13th article subsection (ii) items provides of date issued of, imports goods consignee can to customs submitted replacement of origin certificate, but the replacement of origin certificate should is in goods shipment of day up 1 years within issued of, and indicate "replacement" words. 15th certificates of origin of stolen, lost or destroyed, the import cargo consignee may require the consignor of export of goods to the original visa application within 1 year from the date of issue 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. Article 16th unless force majeure, the certificate of origin shall be issued within 6 months of the date to submit to the customs in China; line with the second paragraph of this article Nineth part (b) provides, through one or more of the goods between China and Pakistan, countries or regions other than transport, submit their certificate of origin extend it for up to 8 months.    Imports have actually imported within the period stipulated in this paragraph, the deadline for the submission of the certificate of origin is not subject to the provisions of this subsection. Upon import of the goods declaration, affirms the application of the imported goods to the consignee-Pakistan free trade agreement tax rates, but failed to submit a compliance certificate of origin and related documentation or the certificate of origin submitted and the related file does not conform to these rules, Customs shall, in accordance with the provisions of bail after release of the goods, in accordance with the provisions of import procedures, the customs statistics.     No certificate of origin submitted in accordance with the provisions of the first paragraph of this article, the Customs will not be accepted.     Article 17th of imports originating in Pakistan, each batch of free on board price (FOB) of not more than $ 200, from submission of certificates of origin.     18th Pakistan customs certificates of origin authenticity related goods originated in Pakistan or in doubt, request verification of origin to the relevant government agencies of Pakistan. 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 rates and other tax rates 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 6 months from the date of the verification request in, Customs was received from the Government of Pakistan to verify the results, or review the result does not contain enough to determine the country of origin certificate of authenticity or the true country of origin information, the goods were not enjoying tariff preferences, 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.     Article 19th except customs import and export trade statistics, customs certificates of origin for bilateral exchanges should be verifiable information be kept confidential.     20th &nbsq; imported from Pakistan for the China-Pakistan free trade agreement in goods declaration to the customs, after prior to customs release, changes need to be shipped to other countries of destination, import cargo consignee shall submit a written application to the customs.     Customs shipments destinations after the changes in the endorsement on the certificate of origin is confirmed, return the original certificate of origin of imported goods to the consignee.     21st article native Yu Pakistan of goods, in other national or area exhibition and Yu exhibition during or exhibition Hou sale to China, while meet following conditions of, in imports Shi can enjoy tariff in the of CMB since trade agreement tax: (a) the goods has from Pakistan actual transport to exhibition where national or area displayed; (ii) the goods has actual sold or transfer to China of imports goods consignee;     (C) the goods have been consigned during the exhibition or exhibition organised by the exhibition national shipping to China; (d) the goods at the exhibition in the exhibition country or area under customs supervision.     The show upon import of the goods, consignee shall submit to the customs certificates of origin of imported goods, and provide exhibitions country or region concerned government agencies indicate the name and address of the exhibition of certificates issued, as well as the way to 13th (d) listed in supporting documents.     In this section "exhibition" is defined as any to the sale of foreign products for the purpose of trade, agricultural or craft exhibition, trade fairs or in shops or business premises of similar exhibitions and shows.     22nd article 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. In the 23rd article this way, defines the following terms: "cost, insurance and freight (CIF)", refers to the port of entry after you remove the goods from the means of transport, paid or to be paid to the consignor of export goods prices.     It includes the cost of goods and the goods to the named port of destination, the required insurance and freight. "Free on board price (FOB)", refers to a named port of export when the goods are loaded on the means of transport, paid or to be paid to the consignor of export goods prices.     It includes the cost of goods and the goods to the carrier all costs required.     "Customs valuation agreement" refers to the WTO Agreement relating to the implementation of the 1994 tariff-seventh article VI of the GATT agreement.     "Materials", including components, parts, components, assemblies, have effectively constituted another cargo part or has been used in another production of the goods.     "Product-specific rules of origin" refers to the material provided has been a change in tariff classification, or a specific manufacturing or processing operation, or an ad valorem percentage criterion is met, or mix and match any of these standard rules.     "Non-originating materials" refers to the goods in the production of non-originating materials in China-Pakistan free trade area, as well as the material of unknown origin.     "Production" refers to methods of obtaining goods and include the manufacture, production, Assembly, processing, raising, growing and breeding, mining, extracting, harvesting, fishing, trapping, gathering, collecting, hunting and trapping.     24th article this way interpreted by the General Administration of customs. 25th article of the rules take effect on July 1, 2007.     December 29, 2005 released by the General Administration of customs, the 139th of the People's Republic of China relating to the implementation of the customs regulations on China-Pakistan FTA rules of origin be abrogated. Annexes: annex to the certificate of origin form: Attachment:Certificate of Origin China-Pakistan FTA Certificate of Origin Instructions Box1:State the full legal name,address (including country) o f the exporter. Box2:State the full legal name,address(including country)of the consignee. Box3:State the full legal name,address(including country)of the producer. If more than one producer's good is included in the certificate,list the additional producers,including name,address(including country). If the exporter or the producer wishes the information to be confidential,it is acceptable to state"Available to Customs upon request". If the producer and the exporter are the same,complete field with"SAME". Box4:Complete the means of transport and route and specify the departure date,transpert vehicle No.,port of loading and discharge. Box5:The Customs Authority of the importing Party must indicate in the relevant boxes whether or not preferential treatment is accorded. Box6:State the item number Box7:Provide a full description of each good. The description should be sufficiently detailed to enable the products to be identified by the Customs Officers examining them and relate it to the invoice description and to the HS description of the good. Shipping Marks and numbers on the packages, number and kind of package shall also be specified. For each good,identify the HS tariff classification to 6 digits,using the HS tariff classification of the country into whose territory the goods is imported. Box8:For exports from one Party to the other Party to be eligible for preferential treatment under China-Pakistan FTA,the requirement is that either:(to be adjusted according to the specific       rules of origin) i.The products wholly obtained in the exporting Party as defined in China-Pakistan FTA Rules of Origin; ii. Subject to sub-paragraph(i)above,for the purpose of implementing the provisions of China-Pakistan FTA Rules of Origin,products worked on and processed as a result of which the total value of material originating from non-China-Pakistan FTA member states or of undetermined origin used is less than 60% of the FOB value of the product produced or obtained and the final process of the       manufacture is performed within territory of the exporting Party; iii. Products which comply with origin requirements provided for in Article 16 of this Agreement and which are used in a Party as inputs for a finished product eligible for preferential treatment in the other Party shall be considered as a product originating in the Party where working or processing of the finished product has taken place provided that the aggregate China-Pakistan FTA content of the final product is not less than 40%;or iv. Products that satisfy the Product Specific Rules provided for in Attachment B of the China-Pakistan FTA Rules of Origin shall be considered as goods to which sufficient transformation has been       carried out in a Party. If the goods qualify under the above criteria,the exporter must indicate in Field 8 of this form the origin criteria on the basis of which he claims that his goods qualify for preferential treatment, in the manner shown in the following table: Box9:Gross weight in Kilos should be shown here. Other units of measurement e.g. volume or number of items which would indicate exact quantities may be used when customary;the FOB value shall be the invoiced value declared by exporter to the issuing authority. Box10:Invoice number and date of invoices should be shown here. Box11:Customer's Order Number,Letter of Credit Number,and etc.may be included if required. Box12:The field must be completed,signed and dated by the exporter. Insert the place,date of signature.       Box13:The field must be completed,signed,dated and stamped by the authorized person of the certifying authority.    Chinese version is for reference only certificate of origin certificate of origin of China-Pakistan FTA box 1th: indicate the exporter's legal name, address (including country). 2nd column: indicate the recipient's legal name, address (including country). 3rd column: indicate the manufacturer's legal name, address (including country). If more than one goods producer on the certificate, other manufacturer's name, address (including country) must also be specified. When you want the information kept confidential if the exporter or manufacturer, can also be accepted in the column marked "to customs upon request" (Available to Customs uponrequest).     If the producer and the exporter are the same, which is required to fill in the "same" (SAME).     4th column: indicate means of transport and route, and detail the departure date, means of transport number, the port of loading and the port of discharge.     5th column: customs in this column a brief description by importing members preferential treatment under the agreement.     6th column: indicate the project number. 7th column: the goods must be detailed, to allow inspection of customs officials can identify, and with the goods on the invoice name and HS codes correspond to the name. Packaging and shipping marks and numbers, number and kind of packages should also be set out.     Each of the HS code of the goods shall be the importer of the goods 6-digit HS codes. 8th bar: from a members party export to another a members party can enjoy preferential treatment of goods must meet following requirements one of: (according to specific origin rules can do adjustment) 1, and meet origin rules provides, in export members party within completely get of products; 2, and for implementation China-Pakistan FTA origin rules of provides, using non-native Yu China, and Pakistan or cannot determine origin of raw materials production and processing products Shi, By with this raw materials of total value is less than which production or get of products of away from Bank price of 60%, and last production process in the export members party territory completed; 3, and meet China-Pakistan FTA Agreement 16th article provides of products, and the products in a members party was for production can enjoy another a members party preferential treatment of eventually products Shi, as in eventually products in the native Yu China, and Pakistan components total many Yu eventually products of 40%,     The product shall be considered as originating in the final product is producing or processing of member parties; or 4, in line with product-specific rules of origin the rules of origin of products shall be considered as sufficient processing of goods in a member. If the goods to meet the above criteria, the exporter must be in accordance with the format set out in the following table, in the eighth column the certificate indicating the goods declaration according to the rules of origin to enjoy preferential treatment: the 9th column: this column should indicate the number of kg gross weight. Others can accurately indicate the number of the customary units of measurement, such as volume, number of packages can also be used for the column.     FOB is the invoice price of the export declaration to the certifying authority.     10th bars: the bars should indicate the invoice number and invoice date.     11th column: if required, the column indicating the order number, letters of credit, etc.     12th bar: this bar must be made by the exporter to fill seal, signature, date and sign.  13th bar: this bar must be visa agencies authorized by the visa officer signature, date and stamp the visa stamp.

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