No. 416

The Regulations on the Origin of Import and Export Goods of the People's Republic of China has been approved by the 61st executive meeting of the State Council on August 18, 2004 and is hereby promulgated and shall enter into force as of January 1, 2005.

Premier Wen Jiabao

September 3, 2004

Regulations of the People 's Republic of China on the Origin of Import and Export Goods

Article 1 These Regulations are formulated in order to properly determine the origin of import and export goods, to effectively implement various trade measures and to promote the development of foreign trade.

Article 2 These Regulations shall apply to non-preferential trade measures such as MFN treatment, anti-dumping and countervailing duty, safeguard measures, mark of origin management, country quantity restrictions, tariff quotas and other non-preferential trade measures, as well as government procurement, trade statistics and other activities on import and export goods Determination of origin.

The implementation of preferential trade measures on the import and export of goods to determine the origin, does not apply to this Ordinance. The specific measures shall be formulated separately in accordance with the relevant provisions of the international treaties and agreements concluded or acceded to by the People's Republic of China.

Article 3 Goods that are wholly acquired in one country (region) are country of origin; the goods in which two or more countries (regions) are involved in the production, and the country (region) that has finally completed the substantial change The

Article 4 The goods referred to in Article 3 of these Regulations which are wholly obtained in one country (region) shall mean:

(A) live animals born and raised in the country (region);

(B) animals caught, caught and collected in the country (area);

(Iii) Unprocessed items obtained from live animals in the country (region);

(Iv) plant and plant products harvested in the country (region);

(E) minerals mined in the country (region);

(C) other naturally occurring items obtained in that country (region) in addition to the scope of subparagraphs (a) to (e) of this Article;

(7) only in the country (region) production process can only be discarded or recycled for the material waste scrap;

(8) parts or materials collected in the country (region) that can not be repaired or repaired, or recovered from the article;

(9) marine fishing and other articles obtained from ships illegally flying the flag of the State from outside their territorial waters;

(10) Products obtained by processing the items listed in item (9) of this Article on a processing vessel legally flying the flag of that State;

(11) Articles obtained from seabed or seabed soils with exclusive mining rights from the territorial waters of the country;

(12) Products produced exclusively in the country (region) from the items listed in items (1) to (11) of this Article.

Article 5 In determining whether the goods are fully acquired in a country or region, the following minor processing or treatment is not taken into account:

(A) for the transportation, storage of goods during storage for processing or processing;

(2) processing or handling of goods for ease of handling;

(C) for the sale of goods such as packaging processing or processing.

Article 6 The criteria for determining the substantive changes stipulated in Article 3 of these Regulations shall be changed to the basic standard by the classification of tariffs. If the change of the tariff classification does not reflect the substantive change, the price of the ad valorem, the manufacturing or the processing The Specific standards by the General Administration of Customs in conjunction with the Ministry of Commerce, the State Administration of Quality Supervision, Inspection and Quarantine to develop.

The classification of the tariffs referred to in Paragraph 1 of this Article refers to the fact that the goods in the People's Republic of China are subject to change in the manufacture and processing of non-country (region) original materials in a country (region) Level of tax classification has changed.

The percentage of ad valorem referred to in paragraph 1 of this Article refers to a percentage of the value added to the value of the goods obtained in a country or region for the manufacture and processing of the country's (country) origin material.

The term "manufacturing or processing" as mentioned in the first paragraph of this Article refers to the main process of giving the basic characteristics of the goods obtained after manufacturing and processing in a certain country (region).

The specific standards for determining the substantive changes in the origin of import and export goods shall be formulated by the General Administration of Customs in conjunction with the Ministry of Commerce and the State Administration of Quality Supervision, Inspection and Quarantine, according to the actual situation before the implementation of the Rules for the Coordination of Non-preferential Origin Rules of the World Trade Organization.

Article 7 The origin of the energy, plant, equipment, machinery and tools used in the production of the goods and the origin of the material which does not constitute the material or component of the cargo shall not affect the determination of the origin of the goods.

Article 8 The packaging, packaging materials and containers of the packaging, packaging materials and containers shall not be affected by the packaging, packaging materials and containers in the import and export tariffs of the People's Republic of China, together with the goods, The origin of the packaging, packaging materials and containers of origin is no longer determined separately, the origin of the goods is the packaging, packaging materials and containers of origin.

The packaging, packaging materials and containers shall be determined in accordance with the provisions of these Regulations if the packaging, packaging materials and containers of the import and export goods are not classified in the "Import and Export Tariff of the People's Republic of China".

Article 9 The annexes, spare parts, tools and illustrative information of the import and export of goods in accordance with the type and quantity of the goods are classified together with the goods in the "Import and Export Tariff of the People's Republic of China", and the annex, spare parts, The origin of the tool and the introduction of illustrative information does not affect the determination of the origin of the goods; the origin of the annex, spare parts, tools and illustrative information is no longer determined separately, and the origin of the goods is the attachment, Tools and introduce the origin of illustrative information.

With the import and export of goods annex, spare parts, tools and the introduction of illustrative information in the "People's Republic of China Import and Export Tariff" in the goods with the classification, but beyond the normal type and quantity, and in the "People's Republic of China Import and export tariffs "and the goods are not classified together, in accordance with the provisions of this Ordinance to determine the annex, spare parts, tools and introduce illustrative information of origin.

Article 10 Any processing or handling of the goods in order to circumvent the relevant provisions of the People's Republic of China on anti-dumping, countervailing and safeguard measures, etc., the Customs may not consider such processing and handling in determining the origin of the goods.

Article 11 When the consignee of imported goods handles the customs declaration formalities of imported goods in accordance with the Customs Law of the People 's Republic of China and the relevant regulations, it shall declare the origin of the imported goods in accordance with the standards of origin specified in these Regulations; If the origin of the goods is different, the origin shall be declared separately.

Article 12 Before the import of imported goods, the consignee of imported goods or other parties directly related to the imported goods may apply in writing to the customs to make a preliminary decision on the origin of the goods to be imported; The applicant shall, in accordance with the provisions, provide the Customs with the information necessary to make a decision on the origin of the decision.

The Customs shall, within 150 days from the date of receipt of the written application and all necessary necessary information, make a decision on the origin of the imported goods in accordance with the provisions of these Regulations and make a public announcement.

Article 13 After accepting the declaration, the Customs shall, in accordance with the provisions of these Regulations, examine and determine the origin of the imported goods.

Has been made to determine the origin of the goods, from the pre-determined decision made within 3 years from the date of the actual import, the customs inspection of its actual import of goods and pre-determined decision to match the goods, and the provisions of the provisions of the provisions of the standard The Customs shall not re-determine the origin of the imported goods; by the Customs and Excise Department to examine the actual import of goods and pre-determined to determine the goods do not match, the Customs shall be in accordance with the provisions of this Ordinance to re-examine the import of goods place of origin.

Article 14 The Customs may, when examining and determining the origin of the imported goods, may require the consignee of the imported goods to submit the certificate of origin of the imported goods and examine it; if necessary, the relevant institution of the exporting country (region) Verify the origin of the goods.

Article 15 In accordance with the written application made by the foreign trade operator, the Customs may, in accordance with the provisions of Article 43 of the Customs Law of the People 's Republic of China, make an administrative ruling on the origin of the goods to be imported in advance and Announced.

Import the same goods, should apply the same administrative ruling.

Article 16 The State shall carry out the management of the mark of origin. Where the goods or their packaging are marked with the origin, the origin of the mark indicated by the origin shall be consistent with the origin specified in accordance with this Ordinance.

Article 17 The consignor of export goods may apply to the entry and exit inspection and quarantine organ, the China Council for the Promotion of International Trade and its local branch (hereinafter referred to as the visa institution) to the State Administration of Quality Supervision, Inspection and Quarantine to apply for the certificate of origin of export goods.

Article 18 Where the consignor of export goods applies for the certificate of origin of the exported goods, it shall go through the formalities of registration and registration in the visa institution and truthfully declare the origin of the exported goods and provide the visa institution with the necessary documents to issue the certificate of origin data.

Article 19 After accepting the application of the consignor of the export goods, the visa institution shall, in accordance with the provisions, examine and determine the origin of the exported goods and issue the certificate of origin of the export goods; it shall refuse to export the goods not belonging to the territory of the People's Republic of China Issue certificate of origin of export goods.

The specific measures for the issuance and management of certificates of origin of export goods shall be formulated by the State Administration of Quality Supervision, Inspection and Quarantine in conjunction with other relevant departments and institutions of the State Council.

Article 20 In response to the request of the relevant authorities of the exporting country (region), the customs and the visa institution may verify the origin of the exported goods and timely inform the relevant authorities of the importing country (region) of the verification.

Article 21 The information and information used to determine the origin of the goods shall be kept confidential by the customs and the visa institution in addition to the units or individuals that may provide or provide the information and information in accordance with the relevant provisions.

Article 22 Whoever declares the origin of the imported goods in violation of the provisions of these Regulations shall be punished in accordance with the relevant provisions of the Law of the People 's Republic of China on Foreign Trade, the Customs Law of the People' s Republic of China and the Regulations on the Administration of Customs Administration of the People 's Republic of China.

Article 23 Where a false material is provided for the purpose of obtaining the certificate of origin of the exported goods or forfeiting, altering, trading or theft of the certificate of origin of the export goods, the entry and exit inspection and quarantine organ and the customs office shall be fined not less than 5,000 yuan but not more than 100,000 yuan; , Falsification, alteration, sale or theft of the certificate of origin as the export certificate of the customs export certificate, the amount of the value of the goods below the value of the fine, but the value of less than 5,000 yuan, a fine of 5,000 yuan. If there is any illegal income, the Customs shall confiscate the illegal gains from the entry - exit inspection and quarantine institution. Constitute a crime, be held criminally responsible.

Article 24 Where the mark of origin of the imported goods is inconsistent with the place of origin determined in accordance with these Regulations, the Customs shall order it to make corrections.

Where the mark of origin of the exported goods is inconsistent with the origin determined in accordance with these Regulations, the customs, inspection and quarantine organ shall order it to make corrections.

Article 25 Where a staff member of the place of origin of the import and export goods determines that the origin is in violation of the procedures prescribed in these Regulations or divulges the known trade secrets or abuses his power, neglects his duty and engages in malpractices for personal gains, he shall be given administrative sanctions according to law; If there is any illegal income, the illegal gains shall be confiscated; if a crime is constituted, the criminal responsibility shall be investigated according to law.

Article 26 The meaning of the following terms in this Ordinance:

Obtained, refers to capture, fishing, collecting, harvesting, mining, processing or production.

The origin of the goods means the country (region) of which a goods are obtained in accordance with this Ordinance.

Certificate of origin means a written document issued by the exporting country (region) in accordance with the rules of origin and the relevant requirements, clearly indicating that the goods listed in the certificate are originating in a particular country (region).

A mark of origin refers to the words and figures used to indicate the origin of the goods in the goods or packaging.

Article 27 These Regulations shall enter into force as of January 1, 2005. On March 8, 1992, the Rules of Origin of the People's Republic of China on the Origin of Imported Goods issued by the State Council on 6 March 1992 issued the Interim Provisions on the Origin of Imported Goods issued by the Customs of the People's Republic of China issued by the General Administration of Customs on December 6,