The General Administration of Customs Decree of the General Administration of Customs of People’s Republic of China No.139 The Provisions of the General Administration of Customs of People’s Republic of China on Implementing the Rules of Origin for the Mu Xinsheng, the General Director December 29, 2005 The Provisions of the General Administration of Customs of People’s Republic of China on Implementing the Rules of Origin for the Article 1 With a view to implementing the Rules of Origin for the China- Pakistan Free Trade Area under the Agreement on the Early Harvest Program Article 2 This Provisions are applied to the goods imported from Pakistan under the Agreement on the Early Harvest (refer to the Customs Import Article 3 The imported goods that are directly transported from Pakistan and consistent with any requirements of the hereinafter article, shall (1) Goods fully obtained or produced in Pakistan; and (2) Goods that are not fully obtained or produced but that are consistent with Article 5 and 6 of this Provisions. Article 4 The term “goods fully obtained or produced in Pakistan” as mentioned in Item 1) of Article 3 of this Provisions refers to: (1) Plant and their products harvested, picked or collected in Pakistan; (2) Live animals borne and bred in Pakistan; (3) Products that are obtained from the animals mentioned in Item 2) of this Article in Pakistan; (4) Products obtained from hunting, trapping, fishing, aqua breeding, collecting, or catching in Pakistan; (5) Minerals or other natural materials other than those above mentioned in Item 1) through Item 4) that are exploited or extracted from (6) Products that are obtained from the waters, seabed or seabed subsoil outside the territorial waters of Pakistan, provided that the (7) Aquatic and other marine products obtained from the high sea by ships registered with Pakistan or hanging the flag of Pakistan; (8) Products obtained from processing or manufacturing of the products aforesaid in Item 7) on the processing ships registered with Pakistan (9) Parts or raw materials recovered in Pakistan from materials that can neither be used for their original purpose nor be restored or (10) Materials collected in Pakistan that can neither be used for their original purpose nor be restored or repaired, and that are only (11) Scrap materials generated in the course of producing and processing in Pakistan; and (12) Products obtained from processing of the products listed above only in Item 1) through Item 11) in Pakistan. Article 5 The “goods that are not fully obtained or produced” as mentioned in Item 2) of Article 3 of this Provisions refers to the goods of The following formula shall be used to calculate the contents of origin, Value of the non-original material / FOB price 100% <60% The value of the material not originating from Pakistan used in the formula refers to: (1) The CIF price of the materials; or (2) The price, as determined in the first place, paid for the materials of unidentified origin in Pakistan where the manufacturing or Article 6 Except otherwise herein provided, where the goods that meet the requirement of Article 3 of this Provisions and are used as the materials Article 7 The goods is subject to Pakistan as its Original Country if it is processed and manufactured in Pakistan and conforming to the Special Article 8 When determining the origin complying with the Article 3 hereof, the following processing and disposing should be regarded as trivial (1) The processing to keep the good condition of the goods in transportation and storage, such as drying, freezing, keeping by salt solution, (2) Clearing dust, selecting, classification, grading, matching (marking the goods forming into a suit), washing, painting and cutting (3) Changing package and disintegrating and assembling for delivering goods; (4) All the simple packaging operation such as simple cutting apart, piece cutting and re-packaging, or putting into the bottle, beg, (5) Pasting mark, label or other distinguishing signs on the products or packaging; (6) Simple mixing from the products belonging to any same or different kinds, if such mixture, as one or more components, cannot acquire (7) Assembling the components of a product into a simple whole; (8) Disassembling and assembling; (9) Butchering animal; (10) Diluting only using water or other matter without changing the character of the goods; and (11) Composing of any two or more operations stating in the section (1) to section (10). Article 9 The term “directly transport” stated in the Article 3 herein means transporting directly the goods subjecting to the Agreement of The goods imported to China would be regarded as transported directly from Pakistan, if (1) The goods are not transported through the territory of any country or other area other than China and Pakistan; or, (2) The goods are transported through one or more territories of any country or area other than China and Pakistan during transporting (a) it happens only because of geography reasons or necessity of the transportation; and, (b) the goods are not available to the field of trade or consume in such country or area herein; and (c) the goods are not processed anything except loading and unloading or other measures carried out to keep the goods in good condition Article 10 In determining the origin of goods, we should neglect and take no consideration to the goods’ package, packaging material, the container, Article 11 Except otherwise provided, in determining the origin of goods, the origin of the following commodities or materials would not take (1) The fuel and energy resource; (2) The equipment, model and casting mould; (3) The accessories and materials used for the factory and equipment’s maintenance; (4) The lubricant, the lubricating oil, the mix material and other material used for manufacturing or the equipment’s operation or the (5) The gloves, the glasses, the shoes, the clothes, the security setting and the articles for use; (6) The equipment setting and the articles for use for the testing or inspection of the goods; (7) The catalyzator and the solvent; and (8) Any other commodities as proven to be used in the producing of the goods without becoming a component of the goods. Article 12 When the receiver of the goods declared to the customs, he should forwardly state the application of the agreed tariff rate as provided If the goods have been transported through one or more countries or areas other than China and Pakistan, the receiver of the goods (1) Combined transport B/L issued in Pakistan; (2) Certificate of origin issued by relevant authorities of Pakistan; (3) Original commercial invoices of the goods; and (4) Certification documents meeting the conditions contained in item 2) of Article 9 of this Provision. Article 13 The receiver of the goods should submit the original certificate of origin to the customs where the declaring happens; the original The certificate of origin should not be altered or of superimposition. The certificate of origin submitted by the receiver of the goods should be issued by relevant authorities of Pakistan according to Article 14 If the goods are not issued certificate of origin according to the date stipulated in the third paragraph of Article 13 , the receiver Article 15 If the certificate of origin is stolen, lost or damaged, within 1 year from date of issuance of the Certificate, the receiver of the Article 16 Unless “force majure” happens, the certificate of origin should be submitted to the Chinese customs within 6 months from the date The customs will not accept them if the Certificates have not been submitted within the period afore-mentioned If the goods have been actually imported within the time limit stipulated in the first paragraph hereof, time limitation for submission Article 17 If the goods are originated from Pakistan and the FOB price of each shipment is not more than 0, the submission of the certificate Article 18 If the customs where the declaring happens suspects the reality of the content of certificate of origin, they could ask relevant authorities During the check process, the customs where the declaring happens could give priority after customs receive deposits equal to tariff After checking, the customs where the declaring happens should conduct procedures about return of deposits or transformation from If check result could not be provided within the time limit, the customs where the declaring happens should immediately conduct procedures If the goods fall into categories of goods whose import are restricted or suspected illegal, the customs should not release the goods Article 19 Except for the customs’ foreign trade statistics, the documents between China and Pakistan used to check the certificate of origin Article 20 Those declared goods which are imported from Pakistan and will be collected at the tariff level as provided in the Agreement on the Article 21 Those goods which are transported to China for exhibition and sold within the territory in or after the exhibition period will be (1) The goods have actually been transported to China by the consigner and already been exhibited; (2) The consigner has virtually sold or transferred the goods to the Chinese receiver; and (3) The goods to be exhibited are transported to China in the period of exhibition or immediately after that period. In order to implement the afore-mentioned paragraph, the receiver must submit the following documents to the customs: the certificate The “exhibition” in this article refers to: commercial, agricultural or handicraft industry exhibition hall; trade fair or such display Article 22 In case anyone violates this Provisions, the customs shall handle it in accordance with the relevant provisions of the Customs Law Article 23 The following terms in this Provisions shall mean: “CIF Price” means the price paid or should be paid to the consigner after the goods have been discharged from the vehicle in the import “FOB Price” means the price which is paid or should be paid to the consigner after the goods have been loaded onto the vehicle. It “Agreement on Customs Vabluation” means the Agreement on Implementation of Article ATT 1994. “Material” includes components, parts, units, assembly, and the goods which are part of another or are used in the production of other “The Special Original Standard” means those rules of origin which adopts the test of Change in Tariff Classification, Particular Manufacture “Non-original material” means those materials used in the production of the goods which are produced in the areas which are out of “Produce” means the method to acquire the goods, including manufacturing, producing, assembling, processing, feeding, planting, breeding, Article 24 The power to interpret this Provisions shall remain with the General Administration of Customs. Article 25 This Provisions shall come into force as of January 1st, 2006. Annex: the format of certificate of origin (omitted) |
The General Administration of Customs
2005-12-29