Article 1 For the purpose of correctly determining the origin of imported and exported commodities under preferential trade agreements, and regulating the administration of the customs on the origins of imported and exported commodities under preferential trade agreements, these Provisions is formulated according to the Customs Law of the People's Republic of China (hereinafter referred to as the Customs Law), the Regulations of the People's Republic of China on Import and Export Duties and the Rules of the People's Republic of China on Origin of Imported and Exported Commodities.
Article 2 These Provisions applies to the administration of customs on origins of imported and exported commodities under preferential trade agreements.
Article 3 Where any commodity imported from the member states or regions of preferential trade agreements (hereinafter referred to as the member states or regions) by direct shipment falls in any of the following circumstances, its origin shall be the member state or region and it is subject to the agreed tariff or preferential tariff stipulated in corresponding preferential trade agreements prescribed in the Customs Tariff of Import and Export of the People's Republic of China (hereinafter referred to as the agreed or preferential tariff):
(1) Where the commodity is completely obtained or produced in the member state or region; or
(2) Where though the commodity is not completely obtained or produced in member state or region, the provisions of Article 5 and 6 herein are satisfied.
Article 4 The commodity that is "completely obtained or produced in the member state or region" as mentioned in Paragraph 1 of Article 3 refers to:
(1) The plant products harvested, picked up or collected in the territory of the member state or region;
(2) The live animals bred and raised in the territory of the member state or region;
(3) The minimal products exploited and obtained in the territory or the territorial sea of the member state or region; or
(4) Other commodities that meet the standards for complete obtaining under the corresponding preferential trade agreements.
Article 5 For any commodity that is "not completely obtained or produced in member state or region" prescribed in Paragraph 2 of Article 3, its origin shall be determined according to the standards for changing of tariff category, the standards on regional value composition, the standards on manufacturing or processing procedures or other standards.
(1) The standards for changing of tariff category mean the tariff category of the commodity made or processed from materials which are obtained from non-member states or regions in the member state or region is changed in the Harmonized Commodity Description and Coding System.
(2) The standards on regional value composition mean the percentage of the price of a commodity after deducting the prices of non-origin materials of the member states or regions in production from the FOB price in the FOB price of the commodity.
(3) The standards on manufacturing or processing procedures mean the main procedures for the basic features of the commodities after processing.
|