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Government Documents
Government Documents
UPDATED: September 9, 2010 NO. 36 SEPTEMBER 9, 2010
Provisions of the Customs of the People's Republic Of China on Administration of Origin for Preferential Treatment of Imported and Exported Commodities
Promulgated by the General Administration of Customs of the People's Republic of China on January 8, 2009, and effective as of March 1, 2009
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(4) Other standards mean the other standards for determining the origin of commodities commonly agreed by the member states or regions except the aforesaid standards.

Article 6 Where any commodity or material with the origin of a member state or region of preferential trade agreements are used for producing any other commodity in any other member state or region of the same preferential trade agreements and become a part of the other commodity, the origin of the commodity or material shall be deemed the other member state or region.

Article 7 The processing, packing, showing and other minor processing or handling of commodities for the convenience of loading, shipment, warehousing and sale shall not affect the determination of the origin of commodities.

Article 8 No packing materials or containers used to protect commodities in shipment may affect the determination of origin.

Article 9 The origin of the materials or articles used in production of a commodity which neither compose the physical component nor become the part of the commodity shall not affect the determination of the origin of the commodity.

Article 10 The "direct shipment" mentioned in Article 3 herein means the imported commodities under the preferential trade agreements are directly shipped to China from the member state or region of the preferential trade agreements without passing any state or region other than the member states or regions of the preferential trade agreements (hereinafter referred to as other states or regions).

The commodities originally produced in the member state or region of the preferential trade agreements, which are shipped to China via other states or regions, no matter whether the means of transport is changed or temporary storage is made in shipment, and satisfy all of the following conditions, they shall be deemed being imported by "direct shipment":

(1) Where no treatment other than the treatments necessary for maintaining the commodities in good condition is made when the commodities passing other states or regions;

(2) Where the length of stay of the commodities in other states or regions does not exceed the term prescribed in corresponding preferential trade agreements; and

(3) Where the commodities which are temporarily stored in other states or regions are under the administration and supervision of the customs of the states or regions.

Article 11 The organizations having the right to issue the certificate of origin for exported commodities according to provisions of laws and regulations (hereinafter referred to as the issuing organizations) may issue the certificate of origin for exported commodities under the preferential trade agreements.

Article 12 The issuing organizations shall issue the certificate of origin for exported commodities in accordance with provisions herein and the rules on determination of origin prescribed in corresponding preferential trade agreements.

Article 13 The GAC shall conduct supervision and examination on whether the issuing organizations issue the certificate of origin for exported commodities under preferential trade agreements in according with provisions of Article 12 herein.

The issuing organizations shall submit the reports relevant to their issuance of the certificate of origin under preferential trade agreements in accordance with Article 12 herein to the customs on a regular basis.

Article 14 At declaration of import commodities, the consignee of the imported commodities or its/his agent shall fill the Customs Declaration Form of People's Republic of China for Import of Commodities according to the provisions on declaration of the customs, declare applicable agreed or preferential tariff and submit the following documents at the same time:

(1) The original of the valid certificate of origin of commodities or the origin declaration documents prescribed by relevant preferential trade agreements; and

(2) Other commercial documents of the commodities including originals of commercial invoices and shipping documents.

With respect to the commodities shipped to China via other states or regions, certification documents including combined transport bill of lading as prescribed in Paragraph 2 of Article 10 shall be submitted; and for commodities having been stored in other states or regions temporarily, other documents that are able to prove the conformance to Paragraph 2 of Article 10 issued by the customs of the aforesaid states or regions shall be submitted.

Article 15 The certificate of origin submitted by the consignee of the imported commodities or its/his agent to the customs shall simultaneously satisfy all of the following conditions:

(1) Conformance to the provisions on format of the certificate, contents to be filled, signature and stamp and submission term prescribed in corresponding preferential trade agreements; and

(2) Conformance to the contents of documents including commercial invoices and customs declaration.

Article 16 Where the consignee of the imported commodities, the declared origin of which is a member state or region of preferential trade agreements, or its/his agent fails to provide the certificate of origin or origin declaration documents according to Article 14, it/he shall make a supplementary declaration on whether the imported commodities have the qualification of origin of the member states or regions of relevant preferential trade agreements to the customs at declaration (see annex for the format).

Article 17 For the consignee of the imported commodities or its/his agent who makes a supplementary declaration according to Article 16 herein, the customs may clear the commodities after collecting equivalent deposit according to agreed or preferential tariff at application of the aforesaid consignee or its/his agent, and handle import procedures and conduct customs statistics according to provisions.

If the customs believes that it is necessary to check the accuracy of the certificate of origin submitted by the consignee of the imported commodities or its/his agent and whether the origin of the commodities is the member states or regions of preferential trade agreements, it shall clear the commodities after collecting a deposit equivalent to tax payable according to the preferential tariff, common tariff or other tariff applicable to the commodities, and handle import procedures and conduct customs statistics according to provisions.

Article 18 At declaration of export commodities, the consignor of the exported commodities shall fill the Customs Declaration Form of People's Republic of China for Export of Commodities according to the provisions on declaration of the customs, and submit the electronic data of the certificate of origin or the copy of the certificate of origin to the customs.

Article 19 For the purpose of checking the consistence of the origin of the commodities and the certificate of origin and other declaration documents submitted by the consignee or consignor of the imported or exported commodities, the customs may make an inspection on the imported and exported commodities. The specific procedures may be handled according to the relevant provisions of the Administrative Measures of the Customs of the People's Republic of China for Inspection of Imported and Exported Commodities.

Article 20 For imported or exported commodities under preferential trade agreements with the mark of origin or such mark on their packages, the origin indicated in the mark shall be the same to the origin determined according to these Provisions.

Article 21 The agreed or preferential tariff shall not be applied to the imported commodities in any of the following circumstances:

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