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Article 1
These Regulations are formulated for the purposes of accurately
determining the origin of import and export goods, effectively
implementing all trade measures and promoting the development of
foreign trade.
Article 2
These Regulations are applicable to the origin determination of
import and export goods in applying such non-preferential trade
measures as most-favored-nation treatment, anti-dumping,
countervailing and safeguard measures, administration of origin
markings, national quantitative restrictions or tariff quotas,
and in undertaking such activities as government procurement or
trade statistics as well.
These Regulations are not
applicable to the origin determination of import and export
goods in applying preferential trade measures, and the specific
measures therefor are to be separately formulated in accordance
with the relevant provisions of the international treaties and
agreements concluded or acceded to by the People’s Republic of
China.
Article 3
A country (region) shall be determined as the origin of the
goods if these goods have been wholly obtained in such country
(region); when more than one country (region) is concerned in
the production of the goods, the country (region) where the last
substantial transformation has been carried out shall be
determined as the origin of these goods.
Article 4
For purposes of Article 3 of these Regulations, the goods that
have been wholly obtained in a country (region) refer to:
(1) live animals born and raised
in the said country (region);
(2) animals captured, fished and
gathered in the wild of the said country (region);
(3) products obtained from live
animals of the said country (region) without further processing;
(4) plants and plant products
harvested in the said country (region);
(5) minerals excavated in the
said country (region);
(6) naturally occurring
substances obtained in the said country (region), not included
in Items (1) to (5) of this Article;
(7) waste and scrap derived from
producing in the said country (region) and fit only for disposal
or recovery as raw materials;
(8) articles collected in the
said country (region) that are not capable of being restored or
repaired, or parts or raw materials recovered from such
articles;
(9) products of sea fishing and
other products taken from the sea outside the territorial waters
of the said country by the vessels entitled to fly its flag;
(10) products processed on board
the factory ships entitled to fly the flag of the said country
exclusively from the products referred to in Item (9) of this
Article;
(11) products taken from the
seabed or subsoil beneath the seabed outside the territorial
waters of the said country, provided that the country has the
exclusive rights to exploit such seabed or subsoil; and
(12) goods produced in the said
country (region) exclusively from the products referred to in
Items (1) to (11) of this Article.
Article 5
In determining whether the goods are wholly obtained in a
country (region), the following minimal operations or processes
shall not be taken into account:
(1) operations or processes to
ensure preservation of the goods for the purpose of transport or
storage;
(2) operations or processes to
facilitate shipment of the goods; and
(3) operations or processes to
package the goods for sale.
Article 6
The basic criteria to determine substantial transformation, as
provided in Article 3 of these Regulations, shall be the change
in tariff classification; if the change in tariff classification
is not applicable to the determination of the origin of the
goods, such criteria as ad valorem percentages and/or
manufacturing or processing operations shall be the
supplementary criteria, and the specific criteria therefor shall
be set forth by the General Administration of Customs together
with the Ministry of Commerce and the General Administration of
Quality Supervision, Inspection and Quarantine.
The term “change in
tariff classification” referred to in Paragraph 1 of this
Article means the manufacturing or processing of non-originating
materials of a country (region) conducted in the said country
(region) results in the change in classification of the goods in
a certain digit heading under the Customs Tariff of Import and
Export of the People’s Republic of China.
The term “ad
valorem percentage” referred to in Paragraph 1 of this Article
means the value added exceeds a certain percentage of the value
of the products obtained after the manufacturing or processing
of non-originating materials in the country (region).
The term
“manufacturing or processing operations” referred to in
Paragraph 1 of this Article means the principal operations
conducted in a country (region) which confer essential
characteristics on the goods derived after the manufacturing or
processing operations.
Prior to the implementation of
the Harmonized Non-Preferential Rules of Origin of
the
World Trade Organization, the
specific criteria for determining substantial transformation of
the origin of import and export goods shall, in light of the
actual conditions, be separately set forth by the General
Administration of Customs together with Ministry of Commerce and
the General Administration of Quality Supervision, Inspection
and Quarantine.
Article 7
The origin of the energy, plant and equipment, or machines and
tools used in the production of the goods, and that of the
materials which do not remain in the goods or form part of the
goods, shall be disregarded in determining the origin of such
goods.
Article 8
The origin of packing and packaging materials and containers
presented with the import and export goods therein shall be
disregarded in determining the origin of such goods, provided
that these packing and packaging materials and containers are
classified with such goods under the Customs Tariff of Import
and Export of the People’s Republic of China; the origin of
these packing and packaging materials and containers shall not
be separately determined, and the origin of such goods shall be
the origin of these packing and packaging materials and
containers.
The origin of packing and
packaging materials and containers presented with the import and
export goods therein shall be determined in accordance with the
provisions of these Regulations, provided that these packing and
packaging materials and containers are not classified with such
goods under the Customs Tariff of Import and Export of the
People’s Republic of China.
Article 9
The origin of accessories, spare parts, tools and instructional
materials presented with the import and export goods therewith
and classified with such goods under the Customs Tariff of
Import and Export of the People’s Republic of China shall be
disregarded in determining the origin of such goods, provided
that these accessories, spare parts, tools and instructional
materials are presented with such goods therewith and
correspond, in kind and number, to the normal equipment thereof;
the origin of these accessories, spare parts, tools and
instructional materials shall not be separately determined, and
the origin of such goods shall be the origin of these
accessories, spare parts, tools and instructional materials.
The origin of
accessories, spare parts, tools and instructional materials
presented with the import and export goods therewith shall be
determined in accordance with the provisions of these
Regulations, provided that these accessories, spare parts, tools
and instructional materials do not correspond, in kind and
number, to the normal equipment thereof even though they are
classified with such goods under the Customs Tariff of Import
and Export of the People’s Republic of China, or they are not
classified with such goods under the Customs Tariff of Import
and Export of the People’s Republic of China.
Article 10
Where any operations or processes are conducted to the goods for
the purpose of circumventing the relevant regulations of the
People’s Republic of China on anti-dumping, countervailing and
safeguard measures, the Customs may neglect such operations or
processes in determining the origin of such goods.
Article 11
When going through Customs declaration formalities for import
goods pursuant to the Customs Law of the People’s Republic of
China and other relevant regulations, the consignee of these
import goods shall truthfully declare the origin in accordance
with the origin criteria as set forth in these Regulations; if
the goods in one consignment are different from each other in
terms of the origin, each origin involved shall be declared
separately.
Article 12
Prior to the importation of import goods, the consignee of these
import goods or other parties directly related to these import
goods may, with a justifiable reason, request in writing a
pre-determination decision of the Customs on the origin of the
goods to be imported; the applicant shall, in accordance with
the provisions, submit to the Customs the data necessary for
making such a pre-determination decision.
The Customs shall,
within 150 days from the date of receipt of the written
application for a pre-determination decision on the origin and
all necessary data, make a pre-determination decision on the
origin of the these import goods in accordance with the
provisions of these Regulations, and make the results known to
the public.
Article 13
After accepting a declaration, the Customs shall conduct
examination to determine the origin of the import goods in
accordance with the provisions of these Regulations.
Where the goods on
which a pre-determination decision on the origin has been made
are actually imported within the following three years after the
date on which such a pre-determination decision is made, the
Customs shall no longer re-determine the origin of the goods
actually imported, provided that the import goods, upon
examination by the Customs, are consistent with the goods stated
in the pre-determination decision, and that the origin criteria
set forth in these Regulations have not been changed. Where the
goods actually imported, upon examination by the Customs, are
not consistent with the goods stated in the pre-determination
decision, the Customs shall conduct re-examination to determine
the origin of the import goods in accordance with the provisions
of these Regulations.
Article 14
When conducting examination to determine the origin of import
goods, the Customs may request the consignee of these import
goods to provide the certificate of origin for such import goods
and check it; the Customs may, when necessary, request the
authorities concerned of the exporting country (region) to
verify the origin of these goods.
Article 15
On the basis of the written application submitted by a foreign
trade operator, the Customs may, in accordance with the
provisions of Article 43 of the Customs Law of the People’s
Republic of China, make an administrative ruling in advance to
determine the origin of the goods to be imported and make
it known to the public.
The same
administrative ruling shall be applicable to the same import
goods.
Article 16
The State exercises administration over origin markings. Where
the origin marking is marked on the goods or their packing, the
origin indicated by such origin marking shall be the same as
that determined in accordance with the provisions of these
Regulations.
Article 17
The consignor of export goods may apply for a certificate of
origin for these export goods to a local entry-exit inspection
and quarantine institution affiliated to the General
Administration of Quality Supervision, Inspection and Quarantine
or to the China Council for the Promotion of International Trade
or any of its local sub-council (hereinafter referred to as the
issuing authorities).
Article 18
When applying for a certificate of origin for export goods, the
consignor of these export goods shall go through registration
formalities with the issuing authorities, truthfully declare the
origin of these export goods in accordance with the provisions,
and provide the issuing authorities with the data necessary for
issuing the certificate of origin for such export goods.
Article 19
After accepting an application made by the consignor of export
goods, the issuing authorities shall conduct examination to
determine the origin of these export goods and issue the
certificate of origin for these export goods in accordance with
the provisions; for export goods not originating in the People’s
Republic of China, the issuing authorities shall refuse to issue
the certificate of origin for such export goods.
The specific rules
on the administration of issuance of certificate of origin for
export goods shall be separately formulated by the General
Administration of Quality Supervision, Inspection and Quarantine
together with other relevant departments and authorities of the
State Council.
Article 20
At the request of the relevant authorities of the importing
country (region) of export goods, the Customs and the issuing
authorities may verify the origin of these export goods and give
prompt feedback of the verification results to the relevant
authorities of the importing country (region).
Article 21
The Customs and the issuing authorities shall keep secret all
the data and information used for determining the origin of
goods, unless they may be disclosed in accordance with the
relevant provisions or with the permission of the unit or
individual providing such data and information.
Article 22
Those who declare the origin of import goods in violation of
these Regulations shall be penalized in accordance with the
provisions of the Foreign Trade Law of the People’s Republic of
China, the Customs Law of the People’s Republic of China and the
Regulations of the People’s Republic of China on Imposition of
Customs Administrative Penalties.
Article 23
Those who practice fraud to acquire the certificate of origin of
export goods by providing false documents, or who forge, alter,
buy, sell, or steal such a certificate, shall be imposed a fine
of not less than 5,000 yuan and not more than 100,000 yuan by
the entry-exit inspection and quarantine institution or the
Customs; those who practice fraud to acquire the certificate of
origin of export goods, or who forge, alter, buy, sell or steal
such a certificate, which is used as the Customs release
document, shall be imposed a fine of less than the value of such
goods, or a fine of 5,000 yuan if the value of such goods is
less than 5,000 yuan. The illegal gains, if any, shall be
confiscated by the exit-entry inspection and quarantine
institution or the Customs. If a crime is constituted, criminal
liability shall be investigated in accordance with the law.
Article 24
Where the origin marking of import goods is not the same as the
origin determined in accordance with these Regulations, the
Customs shall order to make corrections.
Where the origin
marking of export goods is not the same as the origin determined
in accordance with these Regulations, the Customs and the
exit-entry inspection and quarantine institution shall order to
make corrections.
Article 25
Staff members who determine the origin of import and export
goods shall be given administrative sanctions according to law
if they violate the procedures provided for in these Regulations
when determining the origin, disclose commercial secrets they
come to know, abuse their powers, neglect their duties, or
commit illegalities for personal gain or by fraudulent means;
the illegal gains, if any, shall be confiscated; if a crime is
constituted, criminal liability shall be investigated in
accordance with the law.
Article 26
Terms used in these Regulations are defined as follows:
The term “obtain”
means capturing, fishing, gathering, harvesting, mining,
processing or producing, and so on.
The term “the
origin of goods” means the country (region), as determined in
accordance with these Regulations, in which such goods are
obtained.
The term
“certificate of origin” means the written document issued by the
exporting country (region) in accordance with the rules of
origin and relevant provisions, explicitly indicating that such
goods specified in the certificate originate in a certain
country (region).
The term “origin marking” means
the words or figures used on goods or packing to indicate the
origin of such goods.
Article 27
These Regulations shall become effective as of January 1, 2005.
The Rules of Origin of the People’s Republic of China on Export
Goods promulgated by the State Council on March 8, 1992 and the
Interim Provisions of the Customs of the People’s Republic of
China on the Origin of Import Goods promulgated by the General
Administration of Customs on December 6, 1986 shall be repealed
simultaneously |
