Announcement Of The General Administration Of Customs On Promulgating The Measures For The Management Of Origin Of Import And Export Goods Of China ASEAN

The customs and administrative regulations of People's Republic of China customs under the framework agreement on comprehensive economic cooperation between ASEAN and the association of Southeast Asian nations have been examined and approved by the General Administration of Customs at 15 November 2010. They are hereby promulgated and implemented as of January 1, 2011. In December 30, 2003, the Customs General Administration ordered that the provisions of the customs and Trade Commission of the People's Republic of China on the rules of origin of the China ASEAN Free Trade Area under the framework agreement on the comprehensive economic cooperation between the People's Republic of China and the association of Southeast Asian Nations (hereinafter referred to as "the provisions of the rules for the origin of China ASEAN Free Trade Area" promulgated by the General Administration of Customs No. 108th) shall be repealed at the same time.

People's Republic of China customs People's Republic of China

Under the framework agreement on comprehensive economic cooperation of the association of Southeast Asian Nations Import and export cargo Measures of origin management

Article 1 in order to correctly define the origin of import and export goods under the framework agreement on comprehensive economic cooperation between People's Republic of China and the association of Southeast Asian Nations (hereinafter referred to as the agreement), and promote the economic and trade exchanges between China and ASEAN member countries, these measures are formulated in accordance with the provisions of the People's Republic of China customs clearance Act (hereinafter referred to as the Customs Law), the regulations on the origin and import of goods in People's Republic of China, and the agreement.

The second way is applicable to the import and export goods under the agreement between China and ASEAN Member States. Country of origin Administration.

The third direct shipment of goods from ASEAN Member States meets one of the following requirements: the country of origin is a member of ASEAN, and the agreement tariff rate of the China ASEAN Free Trade Area (hereinafter referred to as the "China ASEAN Free Trade Area") in the People's Republic of China import and export tariff code (hereinafter referred to as the tax code) shall apply.

(1) completely in one. ASEAN Member States Acquired or produced;

(two) it is not fully acquired or produced in ASEAN Member States, but it conforms to the fifth, sixth, seventh and eighth provisions of the present measures.

The fourth of the third measures mentioned in Item 1 (1) refers to the goods "wholly acquired or produced in an ASEAN member".

(1) plant and plant products harvested, harvested or collected in the ASEAN member countries;

(two) live animals born and raised in the ASEAN member countries;

(three) products obtained from the above (two) living animals in the ASEAN member state;

(four) products that are hunted, trapping, fishing, aquaculture, collecting or capturing in the ASEAN Member States;

(five) minerals or other naturally occurring substances other than products mentioned above (item 1 to item four) are extracted or extracted in the territory, territorial waters, seabed or seabed subsoil of the ASEAN Member States;

(six) the products acquired in the waters outside the territorial waters of the ASEAN Member States, seabed or seabed subsoil shall, as required by international law, be entitled to develop the above-mentioned waters, seabed and seabed subsoil;

(seven) fish and other marine products caught in the high seas by registered or suspended flags of the flag of the member state of the ASEAN Member States;

(eight) processing and manufacturing products obtained from the above (seven) products on the processing vessel registered or flying the flag of the member state of the ASEAN member country;

(nine) those collected in the ASEAN Member States can neither be used for original purposes nor be restored or repaired; they are only suitable for discarding or recycling of raw materials, or for waste products which are only suitable for reused purposes;

(ten) in the ASEAN member countries, products that are obtained or produced by products mentioned above (item 1 to item nine) are fully adopted.

The total price of fifth goods that are not wholly acquired or produced in ASEAN member countries, which are not used in the China ASEAN Free Trade Area during the production process, will not exceed 60% of the price of the goods delivered on board (FOB), and the final production procedures completed within the ASEAN member countries should be deemed to originate in the ASEAN Member States.

The sixth component of the China ASEAN FTA, which is wholly acquired or produced in the ASEAN member countries and used in any production process, is no less than 40% of the FOB price (FOB) of the ASEAN member countries. It should be deemed to originate in the ASEAN Member States.

The components of the China ASEAN Free Trade Area in the first paragraph of this article shall be calculated in the following ways:

Among them, the price of materials in non China ASEAN Free Trade Area refers to the cost of imports of raw materials from non China ASEAN Free Trade Area, and the freight and insurance premium (CIF) to the port or place of destination.

Article seventh unless otherwise specified, the goods originating in China or those of the ASEAN member countries which are in conformity with the third provision of these Measures shall be used for the manufacture and processing of other manufactured goods in other ASEAN member countries. The cumulative value of the components of the China ASEAN Free Trade Area of the finished products shall not be less than 40%. The goods shall be deemed to be within the ASEAN member countries originating in the manufacture or processing of the final manufactured goods.

The eighth products manufactured and processed in ASEAN member countries conform to the specific rules of origin of products under the rules of origin of the China ASEAN Free Trade Area. They should be regarded as goods originating in ASEAN member countries, and the ASEAN member countries that manufacture and process the products are their original country.

The product specific rules of origin under the rules of origin of the China ASEAN Free Trade Area are part of the present regulations, and will be announced separately by the General Administration of customs.

Ninth the following minor processes or processes do not affect the origin of goods:

(1) processing or processing to ensure that goods are in good condition during spanportation or storage;

(two) processing or processing for the purpose of shipment;

(three) processing or processing of packaging, display, etc. for sale of goods.

Tenth packaging, packaging materials, containers and accessories, spare parts, tools, and explanatory materials for declaration of import and export together with the goods are classified together with the goods in the tax code. Their origin does not affect the origin of the goods.

Article eleventh unless otherwise specified, the place of origin of the following materials or articles shall not affect the origin of the goods:

(1) the power and fuel, plant and equipment, machinery and tools used in the manufacture of goods;

(two) materials that are not materialized in the goods;

(three) materials that do not constitute part of the cargo.

The Twelfth "direct spanport" mentioned in the third article of these Measures means that the import goods under the agreement are directly spanported from the ASEAN member countries to the territory of China, without any other countries or regions outside the China ASEAN Free Trade Area (hereinafter referred to as other countries or regions).

The goods originating from ASEAN member countries are spanported to our country through other countries or regions, whether they are converted to spanport means or temporarily stored in spanportation, and at the same time meet the following requirements, they should be regarded as "direct spanportation":

(1) the goods pass through these countries or regions only for geographical reasons or spanport needs.

(two) do not enter these countries or regions for trade or consumption;

(three) when the goods pass through these countries or regions, they do not do any other treatments except loading and unloading or necessary treatment for keeping the goods in good condition.

When the thirteenth goods are declared to be imported, the consignee or his agent of the imported goods shall fill in the customs declaration of import goods of the People's Republic of China customs in accordance with the customs declaration rules, and declare that the agreement rate of the China ASEAN Free Trade Area shall be applied, and the following documents shall be submitted at the same time:

(1) the original valid certificate of origin and valid flow certificate issued by the visa agencies of ASEAN member countries (see Annex 1).

Except for the certificate of origin or the certificate of movement, the sixteenth provision of these Measures shall be excluded.

(two) the original commercial invoice, packing list and relevant spanport documents of the goods.

When goods are spanported to our territory through other countries or regions, they shall submit the original commercial invoice and the original commercial invoice issued by the customs of other countries or regions, or other relevant documents certifying that the goods conform to the twelfth and second paragraphs of these measures.

When the goods are declared to be imported, the consignee or their agent of the imported goods is not submitted to the original certificate of the valid origin certificate or the original certificate of valid flow issued by the visa agencies of the ASEAN member countries, nor does the customs declare complying with the original qualifications of the ASEAN member countries. The declaration of imported goods is not applicable to the agreement tax rate of the China ASEAN Free Trade Area. The customs shall collect customs duties and customs duties on behalf of the customs according to the most favored nation tariff rate, the general duty rate or other tax rates applicable to the goods, and import procedures and customs statistics according to the regulations. If the consignee or his agent submits the certificate of origin or the flow certificate to the Customs after the goods are released, the levying taxes shall not be adjusted.

Whether the original commercial invoice stipulated in this article is issued in the territory of the ASEAN member countries does not affect the determination of the origin of the goods. However, the consignee or its agent of the imported goods shall submit the copy of the third party invoice together with the certificate of origin or the flow certificate to the customs at the customs declaration place.

The fourteenth country of origin is declared as an importer of ASEAN member countries. If the consignee or his agent fails to submit the certificate of origin or the flow certificate when declaring the import, he shall make a supplementary declaration to the customs before he completes the customs formalities and has the qualification of the ASEAN member's origin. (see Annex 2).

The consignee or its agent of imported goods shall, according to the provisions of the first paragraph of this article, make supplementary declarations to the Customs on the origin of the imported goods having the qualification of the ASEAN member countries, and the customs may, upon the application of the consignee or their agents of the imported goods, collect the goods after the equivalent deposit of the equivalent tax payable, and go through the import formalities according to the regulations, and conduct the customs statistics.

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Fifteenth the consignee or his agent of the imported goods may apply for refund of the deposit to the Customs within 3 months from the date of receiving the deposit.

(1) when importing, it has made supplementary declaration to the Customs on the origin of the imported goods with the qualification of the ASEAN member countries, and affirmed the application of the China ASEAN Free Trade Area Agreement tax rate;

(two) submission of valid original certificate of origin or original certificate of valid flow and other documents related to import of goods required by the customs.

If the consignee or agent of the imported goods fails to apply for the refund of the security deposit within 3 months from the date of collecting the security deposit or within the time limit extended by the customs, the customs shall immediately spanfer the deposit to the import tax, and the customs statistical data shall be amended at the same time.

Sixteenth imported goods originating from ASEAN member countries, each shipment on board (FOB) not exceeding US $200, is exempt from certificate of origin or flow certificate. The consignee of imported goods shall, in accordance with the requirements of the agreement, make a written declaration on the qualification of the imported goods with the origin.

The provisions of the preceding paragraph shall not apply to avoid the import of goods at one time or more in order to evade the provisions of this regulation.

Article seventeenth. One of the following situations is not applicable to the China ASEAN FTA agreement tariff rate:

(1) the origin of imported goods is not in conformity with the provisions of articles third to twelfth of the present measures.

(two) when the goods are declared to be imported, the consignee or their agents of the imported goods have not submitted the original original certificate of the original certificate of origin or the original certificate of the flow certificate to the customs, nor have they made a supplementary declaration on the original qualification of the imported goods.

(three) the ASEAN member countries have not informed the Chinese customs of the names of the relevant visa institutions, the specimen of the seals used, the specimen signature of the visa personnel or any changes in the above information.

(four) the signature issued by the certificate of origin or the certificate of movement is inconsistent with the Customs record.

(five) the contents of the certificate of origin or the certificate of movement do not conform to the actual import goods;

(six) from the date of the request for verification of origin, the customs did not receive the verification feedback result of the relevant organizations of ASEAN member countries within the time limit stipulated in the agreement, or the result of the feedback did not contain enough information to confirm the certificate of origin, the authenticity of the flow certificate, or the true origin of the goods.

(seven) the consignee or his agent of the imported goods has other behaviors that do not comply with the relevant provisions of these measures.

The certificate of origin and the flow certificate submitted to the Customs by the consignee or his agent of the eighteenth imported goods shall meet the following requirements simultaneously:

(1) issued by visa agencies of ASEAN member countries;

(two) complying with the format listed in Annex 1 to these measures, it is filled in English and signed and sealed by the exporter.

(three) the signature of the certificate of origin, the certificate of the visa issued by the member of the visa agency, the seal of the visa organization of the Chinese customs, and the signature sample of the visa officer.

(four) one or more of the goods listed are imported goods of the same batch;

(five) there is only one original and has no duplicate certificate of origin number.

(six) indicate the basis for determining the original qualification of the goods.

The certificate of origin for import goods under the agreement shall be issued by the visa agencies of the ASEAN member countries before shipment or at the time of shipment. If the force majeure fails to be issued before shipment or at the time of shipment, it may be issued within 3 days after shipment.

Nineteenth goods originating in ASEAN member countries are spanported to China ASEAN Free Trade Area by other countries, and at the same time meet the following requirements, they may apply to the Customs for issuing flow certificates.

(1) the goods are always under the supervision of the customs, and there is no other processing or processing except loading and unloading.

(two) the consignee declaring the goods to enter the territory of China is also a consignor declaring the goods to leave the territory of our country.

(three) the consignor declaring the goods to leave the territory of China will issue a written application to the customs.

In accordance with the provisions of the first paragraph of this article, the consignor shall submit the following documents to the Customs:

(1) application for mobile certification of China ASEAN Free Trade Area;

(two) the original valid certificate of origin issued by the country of origin;

(three) documentary evidence of commercial invoice, contract and bill of lading for spanit goods;

(four) other supporting documents deemed to be required by the customs.

The issuance and certification of flow certificates shall be separately formulated and announced by the General Administration of customs.

The twentieth certificate of import goods shall be valid for 1 years from the date of issue.

The validity period of the certificate of import flow is the same as the validity period of the certificate of origin issued.

Article twenty-first where a force majeure is not able to issue certificates of origin within the time limit stipulated in the eighteenth paragraph and second paragraph of the present measures, it can be reissued within 12 months from the date of shipment of the goods by the ASEAN member visa agencies.

The certificate of origin should be marked "replacement".

If twenty-second certificates of origin are stolen, lost or damaged, and the unused goods, the consignee or its agent of the imported goods may require the exporter or manufacturer of the imported goods to apply in writing to the visa agencies of the ASEAN member countries to issue a copy of the certificate of origin indicating the authentic copy of the original certificate within the validity period of the original certificate.

The original certificate of origin is invalid after the approved copy of the certificate of origin is submitted to the customs.

The original certificate of origin has been used and the certified copy of the certificate of origin is invalid.

Twenty-third, if the customs suspect the authenticity of the certificate of origin of the import commodities of the China ASEAN Free Trade Area, whether the imported goods are originated from the ASEAN Member States or whether they comply with the other provisions of the present measures, they may submit a follow-up verification request to the member states of the east alliance that exports the goods in accordance with the provisions of the agreement or make a verification visit to the member state.

The customs may, in accordance with the provisions of the agreement, issue a verification request to the ASEAN member states that issue the flow certificates and the ASEAN member states that export the goods to the ASEAN member countries, if they are suspicious of the authenticity of the attached flow certificates under the agreement and whether the import certificates are included in the ASEAN member countries or whether they comply with other provisions of the present measures.

During the period of waiting for the verification result, according to the application of the consignee or its agent, the customs may choose to release the goods according to the equivalent deposit of equivalent tax payable according to the most favored nation tax rate, ordinary tax rate or other tax rate applicable to the goods, and import procedures and customs statistics according to the regulations. Upon completion of the inspection, the customs shall immediately handle the deposit refund procedure or the spanfer of the deposit into the import tax according to the result of the verification, and the customs statistics shall be amended accordingly.

The imported goods are prohibited or restricted by the state, or are suspected of being deceived. The customs shall not release the goods before the certificate of origin or the verification of the mobile certificates are completed.

The twenty-fourth importing goods need to be shipped to other countries before they are declared to the customs before they are released. The consignee or their agent of the imported goods should submit a written application to the customs.

Upon examination and confirmation, the customs shall endorse the original certificate of origin and retain the original copy of the certificate, and at the same time provide the copy of the certificate to the consignee or its agent of the imported goods.

When the twenty-fifth export goods are declared, the consignor of export goods shall fill in the customs declaration of export goods of the People's Republic of China customs in accordance with the customs declaration rules, and submit the electronic data of the certificate of origin or the certificate of movement to the customs, or the photocopy of the original certificate of origin and the original certificate of movement.

If the import and export goods and their packages are marked with origin marks under the twenty-sixth agreement, the marks of their origin should be consistent with the origin of the goods determined according to these measures.

Twenty-seventh goods originating from ASEAN Member States, which are exhibited in other ASEAN member countries or in China and sold to the territory of China within the period of exhibition or after the exhibition, and at the same time meet the following requirements, the China ASEAN Free Trade Area agreement tariff rate shall apply.

(1) the goods have been shipped to China at the time of exhibition or after the exhibition.

(two) after the goods are exhibited, they are not used for exhibition except for exhibitions.

(three) the goods are under customs supervision during the exhibition period in the country or region where the exhibition is located.

When importing the above exhibition goods, the consignee or his agent shall submit to the customs the original certificate of origin issued by the visa agencies of the ASEAN member countries that originally produced the goods, certificates issued by the relevant government organs of the exhibition organizers, indicating the goods conforming to the relevant documents specified in the twelfth paragraph and second paragraph of the present measures.

The twenty-eighth customs shall have the obligation of confidentiality in accordance with the provisions of these measures. Without the consent of the consignee and consignee of import and export goods, the customs shall not divulge or use it for other purposes, unless otherwise stipulated in laws, administrative regulations and relevant judicial interpretations.

The twenty-ninth violation of these measures constitutes a smuggling act, acts violating the customs supervision regulations or other acts that violate the Customs Law. The customs shall deal with the customs in accordance with the relevant provisions of the Customs Law and the regulations on the implementation of the administrative punishment of the customs of the People's Republic of China; if a crime is constituted, the criminal responsibility shall be investigated according to law.

The thirtieth meaning of the following terms is:

The ASEAN Member States refer to ASEAN member countries that have signed the agreement with China, including Brunei, Kingdom of Cambodia, Republic of Indonesia, Lao People's Democratic Republic, Malaysia, Burma Federation, Republic of the Philippines, Republic of Singapore, Kingdom of Thailand and Socialist Republic of Vietnam.

Materials, including components, parts, components, semi assemblies, products that have actually constituted another product, or products that have been used in the production process of another product;

Production refers to the means of obtaining products, including the cultivation, mining, harvesting, feeding, breeding, extraction, collection, acquisition, capture, fishing, trapping, hunting, manufacturing, production, processing or assembly of products.

The exhibition includes any trade fairs, agricultural or handicraft exhibitions, trade fairs or similar exhibitions or exhibitions held in stores or commercial establishments for the purpose of selling foreign products, goods under customs supervision during exhibitions.

The thirty-first way is to be explained by the General Administration of customs.

The thirty-second measures shall come into force on January 1, 2011. In December 30, 2003, the General Administration of Customs issued the order No. 108th issued by the People's Republic of China Customs on the implementation of the framework agreement on the comprehensive economic cooperation between People's Republic of China and the association of Southeast Asian nations under the rules of origin of the China ASEAN Free Trade Area.