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Article 1. The present Regulation is enacted for the purposes of correctly determining the place of origin of the import and export goods, effectively implementing the trade measures and promoting the development of foreign trade. Article 2. The present Regulation shall apply to the determination of the place of origin of import and export goods in the implementation of the most-favored-nation treatments, the anti-dumping, countervailing and safeguard measures, the management of marks of origin, limitations on the volume of different countries, tariff quotas and other non-preferential trade measures in the activities of government procurement and trade statistics. The present Regulation isn't applicable to the determination of the place of origin of the import and export goods in the implementation of preferential trade measures. The specific measures shall be separately formulated in accordance with the international treaties or conventions concluded or acceded to by the People's Republic of China. Article 3. For the goods entirely obtained from a country (region), the origin thereof shall be this country (region). For the goods that two or more countries (regions) participate in the production, the origin thereof shall be the country (region) where the substantial change is finally completed. Article 4. The term "goods entirely obtained from a country (region)" refers to (1) live animals borne and raised in this country (region); (2) animals captured, fished or collected in the wild areas of this country (region); (3) unprocessed goods obtained from the live animals of this country (region); (4) plants or their products harvested or collected from this country (region); (5) mineral products exploited or extracted from this country (region); (6) other natural articles obtained from this country (region) except for those provided in Items (1) through (5) of this Article; (7) waste and piecemeal materials that are generated in the course of production in this country (region) and that can only be discarded or be used as raw materials of recycling; (8) articles collected from this country (region) that are unable to be restored or repaired, or parts or materials recycled from such articles; (9) the aquatic products and other articles obtained by vessels lawfully hanging the flag of this country (region) from the sea areas, excluding those subject to the jurisdiction thereof; (10) products obtained from processing the articles listed in Item (9) of this Article on the processing vessels lawfully hanging the flag of this country (region); (11) articles obtained from the sea bed or the subsoil thereof with the exclusive exploitation right outside the sea areas falling within the jurisdiction of this country (region); (12) products entirely produced by using the articles listed in Items (1) through (11) of this Article. Article 5. In the determination of whether the goods are entirely obtained from a country (region) or not, the following types of minor processing or treatment shall not be taken into account: (1) The processing or treatment conducted for preserving the goods in the transportation or storage period; (2) The processing or treatment conducted for facilitating the loading and unloading; and (3) Packing and other types of processing or treatment conducted for selling the goods. Article 6. The criterion provided in Article 3 on the determination of substantial change shall be based on the change of tariff nomenclature. If the change of tariff nomenclature cannot reflect the substantial change, the criterion of ad valorem percentage, the manufacture or processing procedures, etc. shall be regarded as the supplementary criterions. The concrete criterions shall be formulated by the General Administration of Customs jointly with the Ministry of Commerce and State Administration of Quality Supervision, Inspection and Quarantine. The "change of tariff nomenclature" mentioned in the first Paragraph of this Article refers to the change of the classification of the tariff items in the Import and Export Tariff Nomenclature of a country (region) for the goods obtained after manufacturing or processing with the materials not originated in this country (region). The term "ad valorem percentage" mentioned in the Paragraph 1 of this Article refers to a certain percentage of added value exceeding the value of the goods obtained in a country (region) after manufacturing or processing the materials not originated in this country (region). The term "manufacturing or processing procedures" mentioned in Paragraph 1 of this Article refers to the main procedures for obtaining the goods with the basic features after manufacturing or processing in a country (goods). Before the implementation of the WTO's Harmonization of Non-preferential Rules of Origin, the concrete criterions on the determination of the substantial changes of origin of import and export goods shall be separately formulated by the General Administration of Customs jointly with the Ministry of Commerce, the State Administration of Quality Supervision, Inspection and Quarantine in light of the actual circumstances. Article 7. Neither origin of the energy, workshops, equipment, machines and tools employed during the production course of goods nor the origin of the materials that haven't become the constituents or parts of the goods may have a bearing on the determination of the place of origin of the goods. Article 8. As for the packages, packing materials and containers of the import and export goods that are uniformly classified into the same category of the goods under the Import and Export Tariff Nomenclature of the People's Republic of China, the place of origin of these packages, packing materials and containers shall not affect the determination of the origin of the packed goods. The place of origin of the aforesaid packages, packing materials and containers won't be determined separately, and the place of origin of the packed goods shall be the place of origin of these packages, packing materials and containers. If the packages, packing materials and containers of the import and export goods aren't uniformly classified into the same category of the goods under the Import and Export Tariff Nomenclature of the People's Republic of China, their place of origin shall be determined in accordance with the present Regulation. Article 9. As for the accessories, spare parts, tools and introductory materials accompanying the import and export goods, if they are uniformly classified into the same category of the goods under the Import and Export Tariff Nomenclature of the People's Republic of China, their place of origin shall not affect the determination of that of the goods. The place of origin of the aforesaid the accessories, spare parts, tools and introductory materials shall not be determined separately, and the place of origin of the goods shall be the place of origin of these packages, packing materials and containers. If the accessories, spare parts, tools and introductory materials accompanying the import and export goods aren't uniformly classified into the same category of the goods under the Import and Export Tariff Nomenclature of the People's Republic of China, their place of origin shall be determined in accordance with the present Regulation. Article 10. When any goods are processed for the purpose of avoiding the relevant provisions in the anti-dumping, countervailing and safeguard measures of the People's Republic of China, the customs may take no account of this kind of processing in the determination of the place of origin of the goods. Article 11. When a consignee of import goods goes through the formalities for customs declaration for import goods in accordance with the Customs Law of the People's Republic of China and pertinent regulations, it shall faithfully declare the place of origin of the import goods according to the criterions on the determination of place of origin provided in the present Regulation. If the goods of the same batch are originated from different places, the consignee shall declare the places of origin one by one. Article 12. Prior to the entry of import goods, the consignee of import goods or any other direct party concerned with a justifiable reason may file a written application to the customs for predetermining the place of origin of the goods to be imported. The applicant shall offer the customs necessary materials so as to predetermine the place of origin. The customs shall, within 150 days after it receives a written application for predetermining the place of origin and the complete set of necessary materials, make a decision of the predetermination of the place of origin of the import goods, and shall announce the decision to the public. Article 13. After the customs receives a customs declaration, it shall examine and determine the place of origin of the import goods in accordance with the present Regulation. As for the goods under a decision of the predetermination of place of origin, when such goods are actually imported within 3 years from the day when the said decision is made, if the actually imported goods are identical with those mentioned in the decision of predetermination upon verification of the customs and if the criterions on the determination of place of origin in the present Regulation haven't been changed, the customs needn't re-determine the place of origin of the imported goods. However, if the actually imported goods aren't identical with those mentioned in the decision of predetermination upon verification of the customs, customs shall re-determine the place of origin of the imported goods in pursuance of the present Regulation. Article 14. When the customs verifies and determines the place of origin of the imported goods, it may demand the consignee to submit the certificate of place of origin of the imported goods for verification; if necessary, it may request the relevant institutions of the export country (region) of the goods to verify the place of origin of the goods. Article 15. According to the written application filed by a foreign trade operator, the customs may, under Article 43 of the Customs Law of the People's Republic of China, make an administrative ruling on the pre-determination of place of origin of the goods to be imported, and shall announce it to the public. The administrative ruling shall apply to the import of identical goods. Article 16. The state shall control the signs of place of origin. Where any goods or their packages bear signs of place of origin, the place of origin indicated by the signs shall be identical with the place of origin determined under the present Regulation. Article 17. A consignor of export goods may apply to all entry/exit inspection and quarantine institutions subordinated to State Administration of Quality Supervision, Inspection and Quarantine, the China Council for the Promotion of International Trade and its branches (hereinafter referred to the certificate issuing institutions) for fetching certificates of place of origin for the export goods. Article 18. When a consignor of export goods applies for fetching certificates of place of origin of export goods, it shall go through the registration formalities in a certificate issuing institution, shall faithfully declare the place of origin of the export goods in accordance with relevant provisions and shall offer necessary materials to the certificate issuing institution for the issuance of certificate of place of origin of the export goods. Article 19. After a certificate issuing institution accepts the application of a consignor of export goods, it shall verify and determine the place of origin of the export goods and issue a certificate of place of origin for the export goods. If the export goods aren't originated in the People's Republic of China, it shall refuse to issue a certificate of place of origin for the export goods. The specific measures for the issuance of certificates of place of origin for export goods shall be separately formulated by the State Administration of Quality Supervision, Inspection and Quarantine jointly with the other relevant departments and institutions of the State Council. Article 20. At the request of the relevant institution of an import country (region) of export goods, the customs or certificate issuing institution may verify the information about the place of origin of the export goods and shall timely inform the relevant institution of the import country (region) of the verified information. Article 21. The materials and information used for determining the place of origin of goods shall, unless they can be offered to others under relevant provisions or upon permission of the entity or individual of these materials or information, be kept confidential by the customs and the certificate issuing institutions. Article 22. Anyone who declares the place of origin of the import goods by violating the present Regulation shall punished in accordance with the Foreign Trade Law of the People's Republic of China, the Customs Law of the People's Republic of China and the Regulation of the People's Republic of China on the Implementation of Customs Administrative Penalties. Article 23. Anyone who obtains a certificate of place of origin for export goods by providing false materials or counterfeits, alters, buys, sells or steals a certificate of place of origin for export goods shall be imposed a fine of 5,000 yuan up to 100,000 yuan by the entry/exit inspection and quarantine institution or by the customs. Anyone who obtains a certificate of place of origin as the customs clearance document for export goods by cheating, counterfeiting, altering, buying, selling, or stealing shall be imposed a monetary penalty of not more than the value of the goods; however if the value of the goods is less than 5,000 yuan, it (he) shall be imposed a monetary penalty of 5,000 yuan. If it (he) has any illegal gains, the illegal gains shall be confiscated by the entry/exit inspection and quarantine institution or by the customs. If any crime is constituted, it (he) shall be subject to the criminal liabilities. Article 24. Where the signs of place of origin of import goods aren't identical with the place of origin determined under the present Regulation, the customs shall order the party concerned to get right. Where the signs of place of origin of export or import goods aren't identical with the place of origin determined under the present Regulation, the customs or the entry/exit inspection and quarantine institution shall order the party concerned to get right. Article 25. Any functionary, who determines the place of origin of import and export goods by violating the procedures provided in the present Regulation, divulges business secrets he learned, abuses his power, neglects his duties or seeks private interests shall be given an administrative sanction; if he has any illegal gains, the illegal gains shall be confiscated; if any crime is constituted, he shall be subject to the criminal liabilities. Article 26. The following terms of the present Regulation are defined as: "obtain" means to capture, fish, collect, harvest, excavate, process or produce, etc.; "place of origin of goods" refers to the country (region) determined in accordance with the present Regulation, from which certain goods are originated; "certificate of place of origin" refers to the written document issued by the export country (region) under the rules of place of origin and relevant requirements, which clearly points out the country (region) from which the goods listed in the certificate are originated; "signs of certificate of place of origin" refers to the words and pictures on the goods or packages for the purposing of indicating the place of origin of the goods. Article 27. The present Regulation shall come into effect as of January 1, 2005. The Provisions of the People's Republic of China on the Place of Origin of Import and Export Goods promulgated by the State Council on March 8, 1992 and the Interim Provisions of the Customs of the People's Republic of China on the Place of Origin of Import Goods promulgated by the General Administration of Customs on December 6, 1986 shall be abolished simultaneously. |
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