Circular 42/2014/tt-Bct: Amendments And Supplements To Some Articles Of The Circular No. 21/2009/tt-Bct On May 17, 2010 The Minister Of Industry And Trade Made The Rule Of Origin In H-Trade Agreements

Original Language Title: Thông tư 42/2014/TT-BCT: Sửa đổi, bổ sung một số điều của Thông tư số 21/2010/TT-BCT ngày 17 tháng 5 năm 2010 của Bộ trưởng Bộ Công Thương thực hiện Quy tắc xuất xứ trong Hiệp định thương mại h

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CIRCULAR additional amendments to some articles of the circular No. 21/2009/TT-BCT on May 17, 2010 the Minister of industry and trade made the rule of origin in ASEAN goods trade agreement _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions duties, powers and organizational structure of the Ministry of industry and trade;
The base of the ASEAN goods trade agreement signed on February 26, 2009 at the 14th Summit, Cha-am, Thailand between the Member countries of the Association of Southeast Asian Nations;
To base the decision of the Conference of the ASEAN Economic Ministers and the Council of Ministers of the ASEAN free trade area in the 27th was held November 19, 2013 at Bandar Seri Bengawan, Brunei Darussalam;
To base the decision of the Conference of the ASEAN Economic Ministers and the Council of Ministers of the ASEAN free trade area in the 28th was held on August 25, 2014 at Pyi Taw, Myanmar Today;
Pursuant to Decree No. 19/2006/ND-CP dated 20 February 2006 from the Government detailing the commercial law regarding the origin of goods;
At the suggestion of Director of Department of import and export, Minister for industry and Commerce issued a circular amending and supplementing a number of articles in circular No. 21/2009/TT-BCT on May 17, 2010 the Minister of industry and trade made the rule of origin in ASEAN goods trade agreement (hereafter referred to as the circular No. 21/2009/TT-BCT).
Article 1. Amendments and supplements to some articles of the circular No. 21/2009/TT-BCT as follows: 1. Abolition annex 2 specific rules of items attached to the circular No. 21/2009/TT-BCT and replaced by the annex I attached to this circular.
2. Abolition annex 3 of the Basic conversion criteria for textile products attached to circular No. 21/2009/TT-BCT and replaced by the annex II attached to this circular.
3. Amendments and supplements to some articles of the annex 7 procedures and inspections C/O attached to circular No. 21/2009/TT-BCT as follows: a) modifying, supplementing paragraph 1, article 10 as follows: "1. C/O was issued before or at the time of export or a short time after that If, according to the rules of origin specified in annex 1, the export goods are identified as originating from the territory of the Member State of export ".
b) modification, additional clause 1, article 13 is as follows: "1. To enjoy preferential tariffs, at the time of import procedures, the importer must submit to the Customs the importing country Declaration, C/O, with its vouchers prove (as the commercial invoice, and transport cargo throughout the application was granted on the territory of the Member State in the case of exports of goods are transported through the territory of one or more intermediate countries is not the Member State as defined in article 21 of this appendix) and other documents under the provisions of the law of the importing Member State ".
c) supplement article 24 as follows: "article 24. Value of FOB C/O form D and C/O form D borders the backs scored only FOB value in case of use the RVC is calculated according to criteria the formula prescribed in article 5 appendix 1 to determine the origin of the goods.
Private case C/O form D and C/O form D borders the backs are granted to and away from the Cam Cambodia and Myanmar ma still write the value FOB for all kinds of origin criteria during the 2 (two) years from 1 April to 31 March 2014 2016 ".
4. Abolition Annex 8 Model C/O form D attached to circular No. 21/2009/TT-BCT and replaced with Appendix III attached to this circular.
5. Amend section 10, Appendix 3 Guide to Declaration C/O attached to circular No. 21/2009/TT-BCT as follows: "10. Number 9: the whole weight of the goods (or other number) and the FOB value in case of use the criteria to determine the RVC of origin of goods. Private case C/O was issued to and away from the Cam Cambodia and Myanmar ma still write the value FOB for all the criteria of origin during the 2 (two) years from 1 April to 31 March 2014 2016 ".
6. Repeal annex 13 organizational directory of C/O attached to circular No. 21/2009/TT-BCT and replace by Annex IV attached to this circular.
Article 2. Effect 1. This circular has effect as from October 1, 2015.
2. This circular abolish circular No. 24/2012/TT-BCT on 17th September the Minister of industry and trade modification, additional circular No. 21/2012/TT-BCT on May 17, 2010 the Minister of industry and trade made the rule of origin in ASEAN goods trade agreement./.