(1) Where the consignee of the imported commodities or its/his agent neither provides the certificate of origin or origin declaration document according to provisions nor makes a supplementary declaration on whether the imported commodities have the qualification of origin at declaration of import commodities;

(2) Where the consignee of the imported commodities or its/his agent provides neither commercial invoices, shipping documents and other commercial documents nor other documents which can prove the conformance to Article 14 herein;

(3) Where the origin of the commodities is inconsistent with the declared contents after inspection or check, or the accurate origin of the commodities is undeterminable; or

(4) Other circumstances inconsistent with these Provisions and relevant preferential trade agreements.

Article 22 The customs may, if necessary, request the competent authorities of the export member states or regions to check the origin of the imported commodities under preferential trade agreements.

The customs may also conduct check and inspection on the origin of the commodities according to provisions of relevant preferential trade agreements.

Article 23 The customs may check the origin of the exported commodities under preferential trade agreement to determine their origin, if necessary.

Upon the request of the member states or region of preferential trade agreements, the customs may check the certificate of origin or the origin of the exported commodities, and feed back the check results within the term prescribed in the relevant preferential trade agreements.

Article 24 The consignee or consignor of the imported or exported commodities may, in accordance with the relevant provisions of the Interim Measures of the Customs of the People's Republic of China for the Administration of Administrative Ruling, apply for administrative ruling on origin with the customs.

Article 25 The GAC may, in accordance with the provisions of relevant laws, administrative regulations and customs rules, make a decision on the origin of imported and exported commodities with general binding force.

Article 26 The customs shall bear the obligation of confidentiality for the business secrets obtained according to these Provisions. The customs is not allowed to reveal such secrets or use such secrets for other purposes without the consent of the consignee or consignor of the imported or exported commodities, except as otherwise prescribed in laws, administrative regulations and relevant judicial interpretation.

Article 27 The consignee or consignor, who violates provisions herein and has any behavior of smuggle or behavior in violation of rules of the customs on supervision or other behavior in violation of the Customs Law, shall be punished according to the relevant provisions of the Customs Law and the Regulations of the People's Republic of China on Implementation of Customs Administrative Punishment; and if a crime is constituted, the criminal responsibilities may be prosecuted according to law.

Article 28 Definition of the following terms used in these Provisions:

The "production" refers to the means to obtain commodities, including planting, raising, exploitation, harvesting, fishing, cultivation, entrapment, hunting, capture, collection, gathering, breeding, distilling, manufacturing, processing or assembling.

The "non-origin material" refers to the material used in production of commodities, the origin of which is not the member states or regions of preferential trade agreements or is unknown.

Article 29 The specific measures for implementation of agreed or preferential tariff to the commodities changed for domestic sale from customs bonded supervision shall be prescribed separately by the GAC.

Article 30 These Provisions shall be subject to the interpretation by the GAC.

Article 31 These Provisions shall enter into force on March 1, 2009.

Appendix:

Provisions of the Customs of the People's Republic of China on Administration of Origin for Preferential Treatment of Imported and Exported Commodities

Declaration of the Origin of the Imported Commodities

I, _________ (name and title), as the consignee of the imported commodities/the agent of the consignee of the imported commodities (cross out the inapplicable), is hereby declare that the commodities listed under the Item__ of the Customs Declaration No.___ is originally produced in _____, and the commodities satisfy the requirements of the Provisions of the Customs of the People's Republic of China on Administration of Origin for Preferential Treatment of Imported and Exported Commodities and the rules on origin prescribed in relevant preferential trade agreement.

I hereby apply for the application of the agreed tariff/preferential tariff (cross out the inapplicable) under relevant preferential trade agreement to the above-mentioned commodities, and for the clearance of the commodities after paying deposits. I commit that I will submit the certificate of origin of the commodities under the relevant preferential trade agreement within one year upon the date of import.

Signature: _________________

Date:______________________

Source: www.fdi.gov.cn