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

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

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  First article to right determine People's Republic of China Government and Australia Government free trade agreement (following referred to in the o since trade agreement) items Xia import and export goods origin, promote China and Australia 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 o since trade agreement of provides, developed this approach.

Second approach applies to China and Australia between the Sino-Australian free trade agreement origin of import and export goods under management. Third article imports goods meet following conditions one of of, its native country for Australia: (a) in Australia completely get or production of; (ii) in Australia territory all using meet this approach provides of native material production of; (three) in Australia territory non-completely get or production, but meet in the o since trade agreement items Xia products specific origin rules provides of tariff classified change, and regional value components, and manufacturing processing process or other requirements of; in the o since trade agreement

Under the product-specific rules of origin are an integral part of these measures, separately by the General Administration of Customs announced.

Native to Australia the goods from Australia direct transport to the Republic of China in the territory, may apply in accordance with this regulation the application of the People's Republic of China import and export tariff (hereinafter the tariff) of the Sino-Australian free trade agreement tariff rate.

Fourth article this approach third article first paragraph subsection (a) items by said "in Australia completely get or production of" goods is refers to: (a) in Australia territory was born and feeding of activities real; (ii) from this article subsection (a) items by said activities real in the get of goods; (three) in Australia territory through hunting, and trap, and fishing, and farming, and collection or capture directly get of goods; (four) in Australia territory harvest, and picked or collection of plant and plant products;

(Five) in Australia territory extraction or get of not including in this article subsection (a) items to subsection (four) items of minerals and other natural generated material; (six) according to in the o since trade agreement, in Australia territorial waters yiwai of waters, and sea bed or subsoil extraction of products, not including fish, and chitin class animal, and plant and other marine; (seven) in Australia registered and hanging Australia flag of vessels in high seas get of fish, and chitin class animal, and plant and other marine;

(Eight) in Australia registered and hanging Australia flag of processing ship Shang from this article subsection (seven) items of goods get or production of goods; (nine) in Australia territory processing process in the produced of waste broken material or in Australia collection of only applies Yu raw materials recycling of thrift; (ten) in Australia territory completely from this article subsection (a) items to subsection (nine) items of goods production of goods. 

Fifth article of the way the first paragraph of article III (c) of a change in tariff classification refers to the use of non-originating materials in Australia manufactured, processed, in the tariffs of tariff lines changed. Sixth article of the way the first paragraph of article III (c) the regional value content requirement shall be calculated in accordance with the following formula: regional value content = price – the price of non-originating materials of the goods x100% goods prices, "price" means, in accordance with the agreement on customs valuation, in adjusting prices of goods on the basis of free on board price. "The price of non-originating materials" means any of the customs valuation agreement of the non-originating materials of import cost, shipped to the port of destination or place of freight and insurance costs, including prices of unknown origin materials.

Non-originating materials from producers in Australia has been obtained in the territory, according to the customs valuation agreement and prices, do not include the non-originating materials from the supplier's warehouse to the producer's location in the course of freight, insurance, packing costs and any other costs.

According to calculate the regional value content of the goods in the first paragraph of this article, non-originating materials not included in the price for the production of originating materials in the production process and the use of non-originating materials prices.

Seventh materials originating in China in Australia have been used in the production of other goods, the materials should be considered as Australia originating materials.

Eighth article applies in the o since trade agreement items Xia tariff classified change requirements of goods, production process in the by using of non-native material not meet tariff classified change requirements, but above non-native material according to customs valuation agreement determine of sold price not over the goods ship Shang delivery price of 10%, and goods meet this approach all other applies provides, the goods still should considered native goods.

Nineth article goods just after following a items or more items tiny processing or processing, not for other processing or processing of, cannot return into native goods: (a) for ensure goods in transport or store during in good state and for of processing or processing; (ii) packaging and again packaging; (three) filter, and filter, and selected, and classification, and grading, and match (including sets items of combination); (four) loaded bottle, and loaded tank, and loaded bags, and boxing, and loaded box, and fixed Yu cardboard or wood and he simple of packaging process;

(E) on the product or on its packaging, pastes, printing marks, labels, logos and other similar tags to distinguish; (f) the removal of the goods.

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

Fit under the China-Australia free trade agreement in the product specific rules of origin requirements for regional value content determination of origin, its retail packaging material and container price shall, according to their country of origin into originating materials or non-originating materials price calculation.

Fit under the China-Australia free trade agreement in addition to the regional value content requirement in the product specific rules of origin requirements other than the country of origin, and the packaging materials and containers for retail sale and that the goods are classified, the retail packaging materials as well as the origin of the containers do not influence the determination of the origin of the goods.

11th article applies under the China-Australia free trade agreement for regional value content requirements in the product specific rules of origin of goods, in calculating the regional value content, and the goods declaration for import of accessories, spare parts and tools should be included in the price of originating materials or non-original material price calculation.

Goods applies in the o since trade agreement items Xia products specific origin rules in the except regional value components requirements yiwai of other requirements determine origin of, if and the goods together declared imports of annex, and spare parts or tool in tariff in the and the goods together classified, and its price contains in the goods price within, is the annex, and spare parts or tool of origin not effect goods origin of determine.

Referred to in the first paragraph and the second paragraph of this article accessories, spare parts or tools for quantity and price should be within reasonable limits.

12th article following not constitute goods composition components of material or items, its origin not effect goods origin of determine: (a) for goods production of material or items: 1. fuel, and energy; 2. tool, and mold and type die; 3. gloves, and glasses, and shoes boots, and clothes, and security equipment and supplies; 4. catalyst and solution; (ii) for maintenance equipment, and plant building of material or items: 1. spare parts and material; 2. lubricant, and oil (sliding) fat, and synthesis material and other material;

(C) for testing or inspection of equipment, devices and supplies (d) 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 goods.

13th in determining the origin of the goods, for commercially interchangeable, similar in nature, relying on Visual observations cannot distinguish the fungible materials, should be carried out by each material physical separation or recognized by the application of generally accepted accounting principles of the exporting Party's distinction between an inventory management method.

The 14th article of the measures referred to in article "direct traffic" refers to the Sino-Australian free trade agreement under the goods imported from Australia direct shipping to China, is not on the way after China, Australia other than the country or region (hereinafter "other countries or regions"). Native Yu Australia of goods, after other national or area transport to China, regardless of in other national or area whether conversion transport tool or for temporary store, while meet following conditions of, should considered "directly transport": (a) goods after these national or area Shi, not do except handling, and logistics split points or for makes goods keep good state by required processing yiwai of other processing; (ii) in other national or area for temporary store of,

Stay in these countries or regions may not exceed 12 months; (c) in these countries or regions under customs supervision.

Article 15th unless otherwise provided by the General Administration of customs, cargo declaration import, 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 Sino-Australian free trade agreement tariff rate, and submit the following documents:

(A) Australia effective certificate of origin issued by the authorized bodies (see annex 1) or by the producer or exporter fill in and sign the Declaration of origin (see annex 2), and (ii) commercial invoice of the goods, as well as the entire document.

Transported goods through other countries or regions in China, issued shall be submitted to another country or region to customs documentation or other documentation approved by the customs.

16th Declaration of origin for Australia imported goods, consignee or their agents at the time of import declaration has not submitted certificates of origin or a declaration of origin should be in front of the tax in respect of the imports if Australia originating status to supplement the customs declaration (see annex 3). Import cargo consignee or their agents in accordance with the provisions of the first paragraph of this article import Australia origin to supplement the customs declarations and tax warranty, Customs shall go through import formalities. In accordance with laws and administrative regulations, except for those provided guarantee.

Due to reasons such as early release had been submitted with goods likely maximum duty guarantee the total, deemed compatible with the provisions of this paragraph relating to the provision of tax guarantee. Upon import of the goods declaration, import cargo consignee or his agent has not affirmed that the application of the Sino-Australian free trade agreement tariff rate, nor whether the imports in accordance with the provisions of this article have Australia supplementary declaration of originating status, their declarations are rate is applicable to imported goods.

Consignee or his agent the goods tax to apply to the customs of the Sino-Australian free trade agreement tariff rate, has no tax adjustment.

17th the same batch import Australia origin goods through customs for approval of customs value does not exceed 6000 Yuan, from submission of a 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 at the same time meets the following conditions: (a) the certificate of origin shall be determined by Australia authority of goods prior to export or export issued; (b) Australia notifies the Customs seal samples and other security features, (iii) completed in English and (d) valid for 12 months from the date of issuance. 19th failure prior to export the certificate of origin or export issued under the replacement within 12 months from the date of shipment of the goods.

Replacement of the certificate of origin shall be marked "issued retrospectively", which is valid for 12 months from the date of shipment of the goods. Certificate of origin of stolen, lost or destroyed, and without the use of the import cargo consignee or his agent may within the period of validity of the certificate requires that the goods be exporters or producers to Australia issued by the authorized bodies apply for a copy of the certificate of origin.

Newly issued a copy of the certificate of origin should be marked "the original certificate of origin (no date) certified true copy", the 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.

20th article Customs has been determined beforehand to confirm origin to Australia imports, if the ruling is in a valid state, according to the making of the determination of facts and circumstances have not changed, upon import of goods under the ruling, imported goods, the consignee or their agents may submit to the customs declaration of origin, affirms the application of the Sino-Australian free trade agreement tariff rate.

Imports goods consignee or its agent to customs submitted of origin statement should while meet following conditions: (a) meet this approach annex 2 by column format, and to English fill business; (ii) by exporters or producers fill in and right signature; (three) by column of a items or more items goods for same batch of imports goods, and just corresponds to a copies imports customs single; (four) since issued of day up 12 months within effective.

Certificate of origin, country of origin Declaration to 21st in principle may not be altered or overprint. Special cases that must be corrected, error messages should be first off, update the correct content. Correction should be endorsed by corrections officers.

For certificate of origin, bodies to be able to issue certificates of origin should be confirmed.

Certificate of origin, any failure to fill in the blanks on a declaration of origin should be designated or otherwise.

22nd article to determine origin certificate or origin statement of authenticity and accuracy, and determine related goods of native qualification, or determine goods whether meet this approach provides of other requirements, customs can carried out origin verification, verification should followed by through following way for: (a) requests Australia Customs assist; (ii) written requirements Australia exporters or producers provides information; (three) written requirements Australia authorized institutions verification origin certificate of effectiveness;

Use the first paragraph of this article is insufficient to determine, with the Australia Customs agreed to on-site verification visit to the exporter or producer, can also be applied with Australia Customs jointly agreed procedures.

During the wait for the results of the verification period, in accordance with the import cargo consignee or their agents to apply for customs release may be guaranteed in accordance with the law.

Import goods belonging to the national prohibition or restriction of imports of goods, the Customs shall not release the goods before the verification has been completed.

23rd article has following case one of of, since goods imports of day up 1 years within, imports goods consignee or its agent can in customs approved of guarantees term within to customs application lifted tax guarantees: (a) has according to this approach provides to customs for added declared and submitted has origin certificate or origin statement of; (ii) has according to this approach provides completed origin verification program, verification results enough to finds goods real origin of. 24th article has following case one of of, imports goods not applies in the o since trade agreement agreement tax: (a) imports goods consignee or its agent in goods declared imports Shi not affirmed applies agreement tax, also not according to this approach 16th article provides for added declared of; (ii) goods not has Australia native qualification of; (three) origin certificate or origin statement not meet this approach provides of; (four) since proposed origin verification requests of day up 3 months within,

Customs did not receive supplementary information submitted by the exporter or producer, or Australia Customs response result does not contain enough to determine the origin of the certificate of authenticity or the real origin of the information; (e) to comply with the other provisions of this approach.

In accordance with the provisions of the first paragraph of this section, customs found that imports of goods does not apply to the Sino-Australian free trade agreement tariff rate, shall notify the consignees of imported goods or their agents (see annex 4).

25th 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 Declaration of export goods, and submitted to customs under the China-Australia free trade agreement certificate of origin or a declaration of origin of electronic data, or copy of the original.

26th article of the China-Australia free trade agreement under the import and export of 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. 27th 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.

28th 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.

29th the following terms shall have the meanings herein: a declaration of origin refers to the exporter or producer of goods statement on the origin of the goods in order to acknowledge and affirm that the goods are originating goods.

Generally accepted accounting principles, is in China or Australia's domestic law authorized or official support, with regard to the recording of revenues, expenses, costs, assets and liabilities, disclosure of information and the preparation of financial statements the accounting principles, including broad guidelines of general application, as well as detailed standards, management and procedures.

Material, is refers to in production goods of process in the using, and to physical form constitute goods part of objects or material; native material, is refers to according to this approach provides has native qualification of material; production, is refers to get products of method, including but not limited to products of planting, and mining, and harvest, and fishing, and trap, and hunting, and manufacturing, and processing or Assembly; 30th article this approach by Customs is responsible for explained. 31st article this way come into force December 20, 2015.