Provisions for the Implementation of the Rules of the Origin forExport Goods of the People's Republic of China
Provisions for the Implementation of the Rules of the Origin forExport Goods of the People's Republic of China
(Promulgated on April 1, 1992)
Whole Doc.
Chapter 1 General Principles
Article 1
The Provisions are formulated in order to strengthen the management
of the issuing of certificates of origin for export goods from China in
accordance with the Rules of Origin for Export Goods of the People's
Republic of China.
Article 2
The Ministry of Foreign Economic Relation and Trade of the People's
Republic of China exercises the unified supervision and management of
signing and issuing certificates of origin for export goods in the whole
country and is responsible for negotiation with foreign government and
international organizations on the rules of origin and for signing the
agreement on the rules of origin.
The departments in charge of foreign economy and trade affairs of
provinces, autonomous regions and cities under the direct administration
of the Central Government are responsible for coordinating the work
concerning the issuing of certificates of origin in their respective
areas.
Chapter 2 Certificate Issuing Organizations
Article 3
The State Administration for Inspection of Import and Export
Commodities (hereinafter referred to as the State Administration for
Inspection of Commodities), the Import and Export Commodities Bureaus
(hereinafter referred to as the Commodity Inspection Bureaus) in various
localities, the China Council for the Promotion of International Trade and
its branch offices (hereinafter referred to as the Council for the
Promotion of Trade) and other organizations designated by the Minister of
Foreign Economic Relations and Trade are the organizations for issuing
certificates of origin.
The certificate issuing organizations shall submit the names, seals
and authorized signatures to the Ministry of Foreign Economic Relations
and Trade, and the Ministry shall notify them to the related departments
of foreign countries according to actual needs.
Chapter 3 Qualifications for Application
Article 4
Enterprises established according to law within the territory of the
People's Republic of China, enterprises enjoying the rights of conducting
foreign trade, enterprises engaging in processing with supplied materials
or samples assembling with supplied parts and compensation trade and the
foreign-funded enterprises may apply for certificates of origin to the
certificate issuing organizations according to the stipulations in Article
3 of the Provisions.
Chapter 4 Application for and Issuing of the Certificates of Origin
Article 5
Applicant units shall go through the registration procedures with the
certificate issuing organizations by producing business licenses,
documents granting the rights of conducting foreign trade approved by the
department concerned and the relevant materials certifying that the goods
meet the standard of the origin for export goods.
Materials provided confidentially shall be protected.
Article 6
Applicant units shall designate special personnel to apply for
certificates of origin and the seals of applicant units and the name of
the personnel responsible for the application shall be registered when the
applicant units file the application for registration with the certificate
issuing organizations. After the verification by the issuing
organizations, the personnel responsible for the application shall be
issued with the "Certificate of Applicants". If there is any change with
the personnel responsible for applicating the certificate of origin, the
applicant units shall notify the certificate issuing organizations in
time.
Article 7
In case there are changes in the composition or in processing
procedures of the registered goods containing import elements, the
applicant units shall notify the issuing organizations in time.
Article 8
In ascertaining the origin of goods, the raw materials and parts
accessories from Taiwan, Hongkong and Macao shall be deemed as import
elements for the time being.
Article 9
If the temporarily reimported domestic raw materials which are
unprocessed after being exported are to be used, they shall be deemed as
domestic elements so long as enough evidence is provided.
Article 10
Application for issuing certificates of origin can be filed for only
when the export goods themselves and their internal and external packages
or directions contain no words or marks denoting other countries or
regions.
Article 11
When the goods fail to obtain certificates of origin due to the
insufficient manufacture procedures in China, applications may be filed
for "Certificate of Processing and Assembling".
Article 12
Certificates of origin shall not be issued to foreign goods
re-exported via China, but certificates for transit trade may be applied
for.
Article 13
If certificates of origin or certificates of place of manufacture are
not required by importing countries or importers, application for such
certificates is not necessary.
Article 14
If the importer only requires a statement of the origin of goods on
the commercial bills or other documents, the manufacturers or exporters
may make a statement on the invoices or vouchers if the goods are totally
originated in China, but they have to apply for certificates of origin
with issuing organizations authorized by the Ministry of Foreign Economic
Relations and Trade before making such statement if the goods contain
elements coming from foreign countries or outside the territory of China.
Article 15
If the importer requires official certificates of origin, applicant
units shall file applications with the Commodity Inspection Bureaus; if
the importer requires non-governmental certificates of origin, applicant
units shall file applications with the Council for the Promotion of Trade;
if there is no specific requirement, applicant units may file applications
with either the Commodity Inspection Bureaus or the Council for the
Promotion of Trade.
In case there are special agreements on the issuing certificates of
origin between governments, application shall be filed according to the
stipulations of the agreements. For certificates of origin under the
general preferential system, application shall be filed with the Commodity
Inspection Bureaus.
Article 16
Application for certificates of origin shall be filed at least 3 days
before Customs declaration and shipping. The issuing organizations shall
examine the contents of the goods filled in the application and other
related documents, and complete the issuing procedures within 3 working
days.
Article 17
If applicant units require the alternation or addition of the
contents of the certificates of origin, they must state the reasons and
provide evidence. Upon the examination and permission by the issuing
organizations, they can refile the application, and the original
certificates shall be withdrawn and the new ones be issued.
Article 18
In case certificates of origin are lost or destroyed, the owners of
the certificates must state the reasons and provide evidence in writing to
the certificate issuing organizations, and the reapplication procedures
shall be followed after examination and permission by the certificate
issuing organizations. The certificate issuing organizations shall make a
note on the new certificates: "The original Certificate of Origin No. x x
x ceases to be valid starting from x x date, x x month and x x year".
Article 19
In general, certificate issuing organizations shall not accept
applications for certificates of origin after the goods are shipped. But
under special circumstances (not the mistakes of applicant units, for
instance), the delayed applications can be accepted and certificates of
origin can be issued in retrospect. In that case, the following documents
must be submitted:
(1) a letter explaining the reasons for the delayed application;
(2) copies of commercial invoices and bill of lading/air way bill of
lading/po stal receipts for the goods listed in the application.
Article 20
In accepting the application, the certificate issuing organizations
shall examine whether the applicant units and the goods have been
registered, and whether the "Certificate of Applicants" and the documents
and materials meet the requirements. If the requirements are not met, the
applications shall be returned and filed again.
Article 21
Certificate issuing organizations have the right to inspect the
production processes and elements of the goods for which certificates of
origin is applied. If the certificate issuing organization is in doubt as
to the goods for which application for certificates of origin is filed, it
can go to the factories for verification. If the goods do not meet the
standards of the origin, it shall refuse to issue the certificate of
origin.
Article 22
If importing countries return the certificates of origin for inquiry,
the original issuing organizations shall be responsible for investigation
and verification and give the reply to the importing countries within 6
months after the letter of inquiry is received.
Chapter 5 Penalties
Article 23
If any enterprise conducts one of the following actions in violation
of the Provisions, the Ministry of Foreign Economic Relations and Trade
may, on its own or according to the proposals of the departments in charge
of foreign economy and trade affairs of the people's governments of
provinces, autonomous regions and cities under the direct administration
of the Central Government, make out such penalties as circulated
criticism, suspending or the time being and even canceling the
qualification for apply ing for certificates of origin:
(1) provide fake materials to obtain certificate of origin by
cheating;
(2) forge or alter the certificate of origin; and
(3) illegally transfer the certificate of origin.
The personnel in charge of the enterprise and those
directly responsible for the actions mentioned above shall be given
administrative punishments and if the case is serious enough to constitute
a crime, criminal responsibility shall be affixed.
Article 24
If any certificate issuing organization issues in violation of the
provisions or refuses to issue the certificates without any sound reason,
the Ministry of Foreign Economic Relations and Trade may, on its own or in
accordance with the proposals of the departments in charge of foreign
economy and trade affairs of the people's government of provinces,
autonomous regions and cities under the direct administration of the
Central Government, give it such penalties as circulated criticism or
suspending the rights of issuing certificates of origin.
Personnel of certificates issuing organizations who try to seek
personal gains by resorting to cheating or abusing their power or
committing dereliction of duty shall be given administrative punishments
and if the case is serious enough the criminal responsibility shall be
affixed.
Chapter 6 Supplementary Provisions
Article 25
The Quota and License Affairs Office of the Ministry of Foreign
Economic Relations and Trade is responsible for the statistical work of
the certificates of origin issued by the Office according to the
provisions of governmental agreements; the State Administration for
Inspection of Commodities and the Council for the Promotion of Trade are
responsible for the statistical work of certificates issued by them
respectively; the departments in charge of foreign economic relations and
trade of the people's governments of provinces, autonomous regions and
cities under the direct administration of the Central Government are
responsible for the statistical work concerning the certificates of origin
issued in their respective regions according to governmental agreements
and commercial invoices and bills of documents endorsed with the place of
origin by manufactures and companies; national foreign trade corporations
and various industry-trade corporations in Beijing are responsible for the
statistical work concerning the commercial invoices and bills of documents
endorsed with place of origin by them.
The organizations responsible for statistical work mentioned in the
preceding paragraph must report regularly to the Ministry of Foreign
Economic Relations and Trade about the implementation of the rules of
origin and the statistics of issuing. The statements on the first half of
the year shall be submitted before July 20 and the statements on the whole
year shall be submitted before January 20 of the following year.
Article 26
The form of certificates of origin of the people's Republic of China
and other related documents shall be decided by the Ministry of Foreign
Economic Relations and Trade. The certificates shall be printed in English
in quadruplicate, 1 master copy and 3 duplicated copies.
Article 27
A certain amount of fees shall be collected for issuing certificates
of origin and other documents. The measures for collecting the fees shall
be worked out by the Ministry of Foreign Economic Relations and Trade
together with departments concerned of the State Council.
Article 28
The Ministry of Foreign Economic Relations and Trade shall work out
and publish the lists of manufacturing and processing procedures in
compliance with the provision of Article 6 of the Rules of the People's
Republic of China on the Certificate of Origin for Export Goods.
Article 29
The Provisions shall come into effect on May 1, 1992.
ill of
lading/po stal receipts for the goods listed in the application.
Article 20
In accepting the application, the certificate issuing organizations
shall examine whether the applicant units and the goods have been
registered, and whether the "Certificate of Applicants" and the documents
and materials meet the requirements. If the requirements are not met, the
applications shall be returned and filed again.
Article 21
Certificate issuing organizations have the right to inspect the
production processes and elements of the goods for which certificates of
origin is applied. If the certificate issuing organization is in doubt as
to the goods for which application for certificates of origin is filed, it
can go to the factories for verification. If the goods do not meet the
standards of the origin, it shall refuse to issue the certificate of
origin.
Article 22
If importing countries return the certificates of origin for inquiry,
the original issuing organizations shall be responsible for investigation
and verification and give the reply to the importing countries within 6
months after the letter of inquiry is received.
Chapter 5 Penalties
Article 23
If any enterprise conducts one of the following actions in violation
of the Provisions, the Ministry of Foreign Economic Relations and Trade
may, on its own or according to the proposals of the departments in charge
of foreign economy and trade affairs of the people's governments of
provinces, autonomous regions and cities under the direct administration
of the Central Government, make out such penalties as circulated
criticism, suspending or the time being and even canceling the
qualification for apply ing for certificates of origin:
(1) provide fake materials to obtain certificate of origin by
cheating;
(2) forge or alter the certificate of origin; and
(3) illegally transfer the certificate of origin.
The personnel in charge of the enterprise and those
directly responsible for the actions mentioned above shall be given
administrative punishments and if the case is serious enough to constitute
a crime, criminal responsibility shall be affixed.
Article 24
If any certificate issuing organization issues in violation of the
provisions or refuses to issue the certificates without any sound reason,
the Ministry of Foreign Economic Relations and Trade may, on its own or in
accordance with the proposals of the departments in charge of foreign
economy and trade affairs of the people's government of provinces,
autonomous regions and cities under the direct administration of the
Central Government, give it such penalties as circulated criticism or
suspending the rights of issuing certificates of origin.
Personnel of certificates issuing organizations who try to seek
personal gains by resorting to cheating or abusing their power or
committing dereliction of duty shall be given administrative punishments
and if the case is serious enough the criminal responsibility shall be
affixed.
Chapter 6 Supplementary Provisions
Article 25
The Quota and License Affairs Office of the Ministry of Foreign
Economic Relations and Trade is responsible for the statistical work of
the certificates of origin issued by the Office according to the
provisions of governmental agreements; the State Administration for
Inspection of Commodities and the Council for the Promotion of Trade are
responsible for the statistical work of certificates issued by them
respectively; the departments in charge of foreign economic relations and
trade of the people's governments of provinces, autonomous regions and
cities under the direct administration of the Central Government are
responsible for the statistical work concerning the certificates of origin
issued in their respective regions according to governmental agreements
and commercial invoices and bills of documents endorsed with the place of
origin by manufactures and companies; national foreign trade corporations
and various industry-trade corporations in Beijing are responsible for the
statistical work concerning the commercial invoices and bills of documents
endorsed with place of origin by them.
The organizations responsible for statistical work mentioned in the
preceding paragraph must report regularly to the Ministry of Foreign
Economic Relations and Trade about the implementation of the rules of
origin and the statistics of issuing. The statements on the first half of
the year shall be submitted before July 20 and the statements on the whole
year shall be submitted before January 20 of the following year.
Article 26
The form of certificates of origin of the people's Republic of China
and other related documents shall be decided by the Ministry of Foreign
Economic Relations and Trade. The certificates shall be printed in English
in quadruplicate, 1 master copy and 3 duplicated copies.
Article 27
A certain amount of fees shall be collected for issuing certificates
of origin and other documents. The measures for collecting the fees shall
be worked out by the Ministry of Foreign Economic Relations and Trade
together with departments concerned of the State Council.
Article 28
The Ministry of Foreign Economic Relations and Trade shall work out
and publish the lists of manufacturing and processing procedures in
compliance with the provision of Article 6 of the Rules of the People's
Republic of China on the Certificate of Origin for Export Goods.
Article 29
The Provisions shall come into effect on May 1, 1992.
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