Customs Officers On The Implementation Of The China-Asean Fta Rules Of Origin Provisions Of The

Original Language Title: 海关关于执行中国-东盟自由贸易区原产地规则》的规定

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People's Republic of China Customs on the implementation of the People's Republic of China and the ASEAN framework agreement on comprehensive economic cooperation under the provisions of the China-ASEAN FTA rules of origin (released December 30, 2003, General Administration of customs, the 108th) first in order to promote economic and trade exchanges between China and Association of Southeast Asian Nations, correctly identified the People's Republic of China and the ASEAN framework agreement on comprehensive economic cooperation (hereinafter referred to as the agreement) origin of the import goods, in accordance with the
    Of the Customs Act and the agreement, these provisions are formulated.
    Provisions of this article applicable to imports from the ASEAN countries under the agreement of goods (product list as described in the People's Republic of China import and export tariff), but processing trade imports except for goods.
    Article the following goods directly imported from ASEAN countries, considered as originating in ASEAN, China-ASEAN Agreement on tax rate applicable to: (a) totally obtained or produced in an ASEAN country products; (b) in accordance with the provisions set forth in fifth to sixth non-wholly obtained or products. Fourth article this provides third article subsection (a) items by said "completely in a ASEAN national get or production of products" is refers to: (a) in the ASEAN national harvest, and picked or collection of plant and plant products; (ii) in the ASEAN national was born and feeding of activities real; (three) in the ASEAN national from this article subsection (ii) items by said animal get of without further processing of products; (four) in the ASEAN national hunting, and trap, and fishing, and aquatic farming, and collection or capture proceeds of products; (five) in the ASEAN national territory
    , And territorial waters, and sea bed or sea bed subsoil mining or extraction of except above subsection (a) to (four) items products yiwai of minerals or other natural generated of material; (six) in the ASEAN national territorial waters yiwai of waters, and sea bed or sea bed subsoil get of products, but the country must according to international law provides right to development above waters, and sea bed and the sea bed subsoil; (seven) in the ASEAN national registered or hanging the country flag of vessels in high seas fishing get of fish and the other seafood;
    (Eight) in the ASEAN national registered or hanging the country flag of processing ship Shang processing, and manufacturing above subsection (seven) items by said products get of products; (nine) in the ASEAN national collection of both cannot for original uses, also cannot recovery or repair, only for abandoned or raw materials recycling, or only for for regeneration uses of waste items; (ten) only with above subsection (a) to (nine) items by column products in the ASEAN national processing get of products.
    Fifth article this provides third article subsection (ii) items by said "non-completely get or production products" should meet following conditions one of: (a) native Yu any a ASEAN national of China-ASEAN FTA (following referred to "FTA") components not less than 40% of; (ii) native Yu non-FTA of material, and parts or product of total value not over by production or get products away from Bank price of 60%, and last production process in ASEAN national territory completed. Sixth article this provides fifth article by said "China-ASEAN FTA components" with formula said following: = non-FTA unknown origin material value + material value 100%--the-the-the-the-the-the-the-the-the-the-the-the-the-the x100% ≥ 40% away from Bank price =tbl/> formula in the of "non-FTA or unknown origin of material value" is refers to the material of imports to Bank price or first determine of
    In the manufacture or processing of the price paid for unknown material of origin in ASEAN countries.
    Seventh article, except as otherwise provided, in line with the provisions of article originating from ASEAN countries in the territory of any of the products in the ASEAN countries is used for manufacturing, processing into other products, and manufactured goods in the free trade area Member component cumulative value of not less than 40%, the country of origin for the purpose of manufacturing or processing of the products the ASEAN countries, which manufactures China-ASEAN tariff rate shall apply. Eighth ASEAN countries process, manufacturing products in accordance with the China-ASEAN free trade area under the product-specific rules of origin the rules of origin provisions of the manufacturing countries to their countries of origin.
    The standards are part of this provision, the General Administration of Customs announced separately.
    Nineth article following processing or processing, regardless of is separate completed also is mutual combined completed, are considered tiny processing processing, in determine goods whether completely get Shi should not consider: (a) for transport or storage goods makes goods keep good state and for of processing or processing; (ii) for easy goods shipment and for of processing or processing; (three) for goods sales and for of packaging, and show, processing or processing.
    The tenth article of the provisions referred to in article "direct traffic" refers to imports under the agreement on direct transport from one ASEAN country to country or from a transport in member countries through other free trade zones in ASEAN countries to China, but without any non-FTA Member States.
    Imports goods transport way after non-FTA members territory (including conversion transport tool or for temporary store) transport to China, and while meet following conditions of, considered from ASEAN national directly transport: (a) only is due to geographic reasons or transport need; (ii) products after above national Shi not for trade or consumption; (three) except handling or for keep products good state and for of processing outside, products in above national not for other any processing.
    11th packing, packaging materials, containers and accessories, spare parts, tools, instructional material import declaration together with the goods, and in the People's Republic of China import and export tariffs and the classification of the goods in determining the origin of the goods shall be ignored.
    12th except as otherwise provided, but in determining the origin of the goods, energy products used in the manufacturing process, the fuel, the origin of plant, equipment, machinery and tools, and does not constitute a material composition of the goods the origin of the material or components, shall not be taken into account.
    13th under the agreement on import declarations of goods, the consignee shall take the initiative to declare to customs affirmed that the application of China-ASEAN Agreement rates, and specified by the ASEAN exporters to the customs certificates of origin issued by government agencies (including the original and the third).
    Transport of imported goods through free trade zones in the territory of the Member States, in addition to meeting as provided in the preceding paragraph, consignees of imported goods should also be added to the Customs to provide the following documents: (a) in the through Bill of lading issued by ASEAN exporters; (b) the original copy of the commercial invoice of the goods; (c) accordance with the second paragraph of this article tenth of relevant supporting documents.
    Declared to the customs check, consistent with the certificate of origin certificate of origin issuing and verification provisions of the program, its content is consistent with imported goods, and is considered valid.
    14th imports originating from ASEAN countries, the FOB price of not more than $ 200, no need to submit certificates of origin.
    The 15th ASEAN certificate of origin of the goods imported from ASEAN countries should be within 4 months from the date of issuance of the relevant government bodies to submit declarations to the customs in the country.
    Tenth imported goods in accordance with the provisions of article transport in member countries through free trade area, extend the time for submission of the certificate of origin for the goods for 6 months.
    Imported the consignees of the goods due to force majeure or any other justified reason, the time stipulated above submitted certificates of origin, declarations to customs audits can accept.
    Imports of goods in the first to second paragraph of this article have actually imported within the period, the deadline for the submission of the certificate of origin is not subject to limitations as provided by section first to second. 16th report to customs when doubts about the authenticity of the certificate of origin may request relevant government agencies for the verification of certificates of origin in ASEAN countries, received respond to verification requests within 6 months. During the period of waiting for the results of the verification, declarations to customs in accordance with the agreement on the non-applicable to the goods under the equivalent of tax shall be levied equivalent bond first after the release of the goods, and according to the provisions of import procedures, the customs statistics.
    After the verification is complete, reporting customs should be based on the verification results, immediately refund the deposit formalities or deposit into import customs formalities, customs statistics should be modified accordingly.
    Imports of goods belonging to the national prohibition or restriction of imports, or are suspected of illegal customs certificates of origin shall not release the goods before the completion of verification.
    The 17th article customs between the ASEAN countries and for verification of the certificate of origin for the exchange of information should be kept confidential, except customs import and export trade statistics.
    18th ASEAN countries after the import goods declaration to the customs, prior to customs release, changes need to be shipped to other countries of destination, the consignee of import goods shall submit a written application to the customs.
    Customs shipments destinations after the changes in the endorsement on the certificate of origin is confirmed, would return the original certificate to import cargo consignee, third for the return of the certificate issuing agency. 19th article native Yu any a ASEAN national of products, shipped other ASEAN national or China territory exhibition, in exhibition during or exhibition end Hou sales to China territory, and while meet following conditions of, can applies China-ASEAN Agreement tax: (a) export people has will products from ASEAN export country to held exhibition of ASEAN national and has in the country actual displayed; (ii) export people has will goods transfer to China territory consignee; (three) in exhibition during or exhibition end Hou sales to China territory of products,
    Its status is consistent with the display state of the.
    Meet the products when the import declaration in respect of prescribed in the preceding paragraph, the consignee shall submit to the Customs the ASEAN certificate of origin of the exporting countries, should also provide exhibition exhibitions organized issued by the relevant government agencies of the country indicate name and address of the certificate, and comply with the provisions of the second paragraph of this article tenth related documents. This section, the term "exhibition" includes specifically organized to sell foreign products business, agriculture, handicraft exhibitions and trade fairs, as well as shops, commercial establishments of similar exhibitions or shows.
    During the exhibition, the product shall be under customs supervision.
    The 20th article of the provisions, the following terms are defined: (a) the "ASEAN" means and jointly signed the agreement of other Member States, namely: Brunei Darussalam, the Kingdom of Cambodia and the Indonesia Republic, Lao People's Democratic Republic, Malaysia, and the Union of Myanmar and the Republic of the Philippines, and Singapore Republic, Thailand and Viet Nam Socialist Republic.
    (B) "material" shall include the components, parts and components, half-assembled parts, has in fact become another product components or products that have been used in the production process of another product.
    (C) "originating goods" means determined in accordance with the provisions of article in order to comply with the conditions of origin of the product.
    (D) "production" refers to the product, including planting, mining, harvesting, feeding, reproduction, extraction, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, production, processing or assembling.
    (E) "plant" refers to the fruit, flowers, vegetables, trees and all plants such as algae, fungi and plants.
    (F) "animal" means a mammal, bird, fish, crustaceans, molluscs, reptiles, bacteria and viruses and all other animals.
    (G) "recycling" refers to industrial, mining, agriculture, construction, smelting, sewage treatment and other industry processing, manufacturing, all the waste produced in the consumption process machines, discarded packaging, waste and scrap.
    (H) "product-specific rules of origin" refers to the material has been changed, after tax, provided complete specific processing or manufacturing processes, to meet a certain ad valorem percentage criterion, or mix the standard sets of rules. 21st in violation of the provisions of the Act, the customs in accordance with the People's Republic of China Customs law and the People's Republic of China administrative penalty provisions of the rules for the implementation of the Customs Act.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    22nd article of the provisions interpreted by the General Administration of customs.
                    23rd these provisions come into force on January 1, 2004.

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