Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2010.11.26

Effective Date:  2011.01.01

Validity Status:  valid

Document Number:  Order No. 199 of the General Administration of Customs

Administrative Measures of the Customs of the People's Republic of China for the Origins of Imported and Exported Goods under the Framework Agreement on Comprehensive Economic Co-operation between the People's Republic of China and the Association of Southeast Asian Nations (ASEAN)

Administrative Measures of the Customs of the People's Republic of China for the Origins of Imported and Exported Goods under the Framework Agreement on Comprehensive Economic Co-operation between the People's Republic of China and the Association of Southeast Asian Nations (ASEAN)

Order No. 199 of the General Administration of Customs

Administrative Measures of the Customs of the People's Republic of China for the Origins of Imported and Exported Goods under the Framework Agreement on Comprehensive Economic Co-operation between the People's Republic of China and the Association of Southeast Asian Nations (ASEAN), adopted by the executive meeting of the General Administration of Customs (GAC) on November 15, 2010, are hereby promulgated, effective as of January 1, 2011, which simultaneously repeal the Provisions of the Customs of the People's Republic of China on Implementing the Rules of Origin for China-ASEAN Free Trade Zone under the Framework Agreement on Comprehensive Economic Co-operation Between the People's Republic of China and the Association of Southeast Asian Nations promulgated under Order No. 108 of the General Administration of Customs on December 30, 2003.

Sheng Guangzu

Minister of the General Administration of Customs

November 26, 2010

Administrative Measures of the Customs of the People's Republic of China for the Origins of Imported and Exported Goods under the Framework Agreement on Comprehensive Economic Co-operation between the People's Republic of China and the Association of Southeast Asian Nations (ASEAN)

Article 1    In order to properly verify the origins of the imported and exported goods under the Framework Agreement on Comprehensive Economic Co-operation Between the People's Republic of China and the Association of Southeast Asian Nations (hereinafter, "the Agreement") and promote economic and trade exchanges between China and member states of ASEAN, these Measures are enacted in accordance with the Customs Law of the People's Republic of China ("the Customs Law"), Regulations of the People's Republic of China on the Origin of Imported and Exported Goods and the Agreement.

Article 2    These Measures shall apply to the administration of the origins of imported and exported goods under the Agreement between China and member states of ASEAN.

Article 3    The origin of goods directly transported and imported from member states of ASEAN shall be member states of ASEAN if they meet any of the following conditions, and shall be subject to the conventional rate of The China-ASEAN Free Trade Zone (the "The China-ASEAN Free Trade Zone") specified in the Import and Export Tariffs of the People's Republic of China:

1. Totally acquired or produced in a member state of ASEAN; or

2. Not totally acquired or produced in member states of ASEAN, but meeting provisions of Article 5 through Article 8 hereof.

Article 4    Goods "fully acquired or produced in a member state of ASEAN" as stated in Item 1 of Article 3 hereof refer to:

1. Plants or plant products harvested, picked or collected in the said member state of ASEAN;

2. Live animals born and raised in the said member state of ASEAN;

3. Products generated from the live animals referred to in the preceding Paragraph 2 in the said member state of ASEAN;

4. Products acquired by hunting, trapping, fishing, aquaculture, collecting or capturing in the said member state of ASEAN;

5. Mineral substance or other naturally occurring materials, other than products listed in the preceding Paragraph 1 through 4, exploited or extracted from the territorial land, waters, seabed or subsoil thereof of the member state of ASEAN;

6. Products acquired from waters, seabed or subsoil thereof outside of the territorial waters of the said member state of ASEAN, provided that the said member state is entitled to develop the said waters, seabed and subsoil thereof as specified in internal laws;

7. Fish and other marine products acquired through fishing in open sea by vessels registered in the said member state of ASEAN or flying the national flag of the said member state of ASEAN;

8. Products acquired from processing or manufacturing of the products referred to in the preceding  Paragraph 7 in processing vessels registered in the said member state of ASEAN or flagged with the national flag of the said member state of ASEAN;

9. Wasted goods collected in the said member state of ASEAN, impossible for the original purpose, unrecoverable and un-repairable, only fit for scrapping or recycling as raw materials or only fit for renewable purposes;

10. Products acquired or produced by exclusively using products referred to in the preceding Paragraph 1 through Paragraph 9 in the said member state of ASEAN.

Article 5    Goods not totally acquired or produced in member state of ASEAN shall be deemed as originating in territory of member states of ASEAN, provided that the total price of materials, parts or products, which do not originate in The China-ASEAN Free Trade Zone, used in the producing process do not exceed 60% of the FOB price of such goods and the finishing process is finished in territory of member states of ASEAN.

Article 6    Goods not totally acquired or produced in member state of ASEAN shall be deemed as originating in the territory of member states of ASEAN, provided that China-ASEAN Free Trade Zone components, which originate in any member state of ASEAN, used in the producing process are not lower than 40% of the FOB price of such goods.

China-ASEAN Free Trade Zone components referred to in the first paragraph of this Article shall be calculated in accordance with the following method:

100% - price of materials outside of the China-ASEAN Free Trade Zone + the price of materials of unknown origin*100%

≥40%

FOB price of goods

To be specific, the price of materials outside of the China-ASEAN Free Trade Zone refers to import cost, freight and insurance fees transported to the destination port or place (CIF) of materials that do not originate in the China-ASEAN Free Trade Zone; and the price of materials of unknown origin refers to price paid to materials of unknown origin, which may be verified at the earliest within the territory of the member state where the goods are produced or processed.

Article 7    Except as otherwise provided, if goods originating in China or goods originating in any member state of ASEAN and meeting provisions of Article 3 hereof are used in other member states of ASEAN to manufacture or process other finished products and the accumulative value of the end-products' China-ASEAN Free Trade Zone components is not lower than 40%, such goods shall be deemed as originating in the territory of the member state of ASEAN where such end-products are manufactured or processed.

Article 8    Goods manufactured or processed in a member state of ASEAN and meeting special origin rules of goods under the Origin Rules of the China-ASEAN Free Trade Zone shall be deemed as originating in member states of ASEAN and the member state of ASEAN where such goods are manufactured or processes shall be the goods' origin.

The special origin rules of goods under the Origin Rules of the China-ASEAN Free Trade Zone are component part of these Measures and shall be announced by GAC separately.

Article 9    The following minor processing or handling will not affect the identification of the goods' origin:

1. Processing or handling made for ensuring goods in good status during the transport or storage period;

2. Processing or handling for favor of shipping of goods; and

3. Packing, showing and other processing or handling of goods for sale purpose.

Article 10    The origin of packing, packing materials, containers and accessories, spare parts, tools and introduction materials declared for imported and exported together with goods will not affect identification of the goods' origin if they are classified together with the goods in the Tariff.

Article 11    Except as otherwise provided, origin of the following materials or goods will not affect identification of the goods' origin:

1. Power and fuel, plant and equipment, machines and tools used during manufacturing of the goods;

2. Materials that are not materialized in the goods; and

3. Materials that are not component parts of the goods.

Article 12    For the purpose of Article 3, "directly transported" shall mean that import goods under the Agreement are directly transported to the territory of China from member states of ASEAN, without passing through any other countries or regions than member states of The China-ASEAN Free Trade Zone (hereinafter referred to as "other countries or regions").

Goods originating in member states of ASEAN and transported to China by passing through other countries or regions, whether transport tools are changed or goods are stored for temporary during the transportation or not, shall be deemed as "directly transported" if all of the following conditions are met:

1. Passing through such countries or regions is only for geographical reasons or transportation;

2. Not entering such countries or regions for trade or consumption; and

3. When passing such countries or regions, none handling other than loading and unloading or handling necessary for keeping goods in good status is made.

Article 13    When goods are declared for import, the consignee of the imported goods or agent thereof shall fill in the Goods Declaration for Importation with the Customs of the People's Republic of China in accordance with declaration provisions of customs, stating China-ASEAN Free Trade Zone conventional rate is applicable to such goods, and shall submit the following vouchers:

1. Valid origin certificate and valid circulating certificate (see Annex 1 hereto), both in original, issued by visa authorities of member states of ASEAN, with the exception of the circumstances specified in Article 16 hereof, under which submission of origin certificate or circulating certificate is exempted;

2. Original commercial invoice of goods, packing list and relevant transportation vouchers.

For goods transported to the territory of China by passing through other countries or regions, through B/L issued within the territory of export country, original commercial invoice of goods and certification documents issued by customs of such other countries or regions or other relevant documents proving that the goods meet provisions of Paragraph 2, Article 12 hereof shall be submitted.

When imported goods are declared, if the consignee of imported goods or the agent thereof fails to submit valid origin certificate or circulating certificate, both in original, issued by visa authorities of member states of ASEAN and neither makes supplementary declaration to customs for whether such imported goods possess origin qualification of member states of ASEAN, the declared goods may not adopt China-ASEAN Free Trade Zone conventional rate and the customs shall legally levy duties and customs withheld taxes on such imported goods in accordance with the applicable most-favored-nation rate, regular rate or other rates and shall handle import formalities in accordance with provisions and make customs statistic. If the consignee or agent thereof submits customs with origin certificate or circulating certificate after the goods are releases, no adjustment may be allowed for the tax levied.

Whether the original commercial invoice prescribed in this Article is issued within a member state of ASEAN or not will not affect the identification of the goods' origin, but the consignee or agent thereof shall submit the copy of commercial invoice issued by a third party together with the origin certificate or circulating certificate to the customs to which the declaration is made.

Article 14    For imported goods origin of which is declared in a member state of ASEAN, if the consignee or agent thereof fails to submit origin certificate or circulating certificate when making import declaration, it shall make supplementary declaration (see Annex 2 hereto) to the customs on whether the imported goods possess origin qualification of member states of ASEAN or not before the customs formalities are finished.

If the consignee of imported goods or the agent thereof make supplementary declaration to the customs, stating that the imported goods possess origin qualification of member states of ASEAN, in accordance with Paragraph 1 of this Article, the customs may release the goods upon collecting deposits equivalent to tax payable in accordance with the application lodged by the consignee of the imported goods or agent thereof and shall handle import formalities in accordance with provisions and make customs statistic.

Article 15    Where all of the following conditions are met, the consignee of imported goods or agent thereof may apply to the customs for refund of deposits within 3 months upon receipt of the deposits:

1. When importing goods, the consignee of imported goods or agent thereof has made supplementary declaration to the customs on that the imported goods possess origin qualification of member states of ASEAN, claiming China-ASEAN Free Trade Zone conventional rate is applicable to such goods; and

2. The consignee of imported goods or agent thereof submits valid origin certificate or circulating certificate, both in original, and other documents relevant to importation of the goods as required by the customs.

If the consignee of imported goods or agent thereof fails to apply for refund of deposits with 3 months upon receipt of the deposits or the period prolonged upon customs' approval, the customs shall promptly handle formalities concerning converting the deposits into import tax, and shall make corresponding amendment when doing data statistic.

Article 16    For imported goods originating in a member state of ASEAN, submission of origin certificate or circulating certificate shall be exempted if the FOD price of each batch is not over USD200. The consignee of the imported goods shall make written representation on that the imported goods possess origin qualification as required by the Agreement.

Provision in the preceding paragraph is not applicable to importation of goods one or more times for the purpose of avoiding provisions hereof.

Article 17    Imported goods falling within any of the following circumstance may not adopt the China-ASEAN Free Trade Zone conventional rate:

1. Origin of the imported goods does not meet provisions of Article 3 through 20 hereof;

2. When imported goods are declared, the consignee or agent thereof fails to submit valid origin certificate or circulating certificate, both in original, to the customs, neither makes any supplementary declaration on that the imported goods possess origin qualification;

3. Member states of ASEAN fail to inform the customs authorities of China of name of relevant visa authorities, specimens of the stamps they use, specimen signatures of visa officers or any change of the foresaid information;

4. Seal or signature of visa officers attached to the origin certificate or circulating certificate is inconsistent with material filed with the customs;

5. Contents indicated in the origin certificate or circulating certificate is inconsistent with the goods imported actually;

6. The customs does not receive any results of the check from relevant authorities of member states of ASEAN within the time limit specified in the Agreement upon lodging request of checking origin or the submitted results do not include information enough to verify the authenticity of the origin certificate or circulating certificate or true origin information of the goods; or

7. The consignee of imported goods or agent thereof commits other activities violating relevant provision hereof.

Article 18    The origin certificate or circulating certificate submitted to the customs by the consignee of imported goods or agent thereof shall meet the following conditions:

1. Being issued by visa authorities of member states of ASEAN;

2. Meeting format requirements specified in Annex 1 hereto and filled in with English, signed and sealed by the exporter;

3. Seal of visa authorities or signature of visa officers attached to the origin certificate or circulating certificate shall be in line with the samples thereof member states of ASEAN inform customs of China;

4. One or more goods referred to are imported in the same batch;

5. Only one original, marked with unrepeated origin certificate mode; and

6. Indicating grounds on the basis of which the origin qualification of the goods may be verified.

Origin certificate of imported goods under the Agreement shall be issued by visa authorities of member states of ASEAN before or at the shipping of goods; if the certificate is not issued before or at the shipping of goods due to force majeure, it may be issued within 3 days after the goods are shipped.

Article 19    For goods, originating in a member state of ASEAN, transported to other member states of the China-ASEAN Free Trade Zone by passing through the jurisdiction of the customs authorities of China, application for certification certificate may be lodged with the customs if all of the following conditions are met:

1. Such goods are under the customs' supervision all the time and no other processing or handling has been made except for loading, unlading or moving;

2. The consignee declaring entrance of such goods into the jurisdiction of the customs of China is the consignor declaring departure of such goods from the jurisdiction of the customs of China; and

3. The consignor declaring departure of such goods from the jurisdiction of the customs of China lodges a written application to the customs for issuing the circulating certificate.

For applying to the customs for circulating certificate in accordance with Paragraph 1 of this Article, the consignor shall submit the following vouchers to the customs:

1. Application form of China-ASEAN Free Trade Zone circulating certificate;

2. Valid original origin certificate issued by the originating country;

3. Commercial invoice, contract, B/L and other certification documents of the passing goods; and

4. Other certification documents that the customs believe necessary.

Measures for issuing circulation certificate shall be prepared and announced by GAC separately.

Article 20    Origin certificate of imported goods is valid for 1 year as of its issuance.

Valid period of circulating certificate of imported goods is same with the valid time of the origin certificate based on which the circulating certificate is issued.

Article 21    If the origin certificate cannot be issued within the time limit specified in Paragraph 2, Article 18 hereof due to force majeure events, the visa authority of a member state of ASEAN may retroactively issue such certificate within 12 months after the goods are shipped.

The origin certificate issued retroactively shall be marked with such typeface as "retroactively".

Article 22    If the origin certificate is stolen, lost or damaged and has not been used, the consignee of the imported goods or agent thereof may require the consigner or manufacturer of such imported goods to lodge a written application with the visa authority of member state of ASEAN for a duplicate origin certificate marked with "approved as true duplicate" within the valid period of the original certificate.

The original origin certificate losses its effect after the approved duplicate origin certificate is submitted to the customs.

If the original origin certificate has been used, the approved duplicate origin certificate shall be invalid.

Article 23    If the customs challenge the authenticity of the origin certificate of goods imported from the China-ASEAN Free Trade Zone, whether relevant imported goods originate in member states of ASEAN or nor or whether such goods meet other provisions hereof or not, the customs may make request for subsequent check to such member state of ASEAN or go to such member state for check and visit in accordance with provision of the Agreement.

If the customs suspect authenticity of the circulating certificate attached to the imported goods under the Agreement, whether imported goods such circulating certificate covers originate in member state of ASEAN or whether such goods meet other provisions hereof or not, the customs may make check request to the member state of ASEAN issuing such circulating certificate and the member state of ASEAN exporting such goods in accordance with provision of the Agreement.

During the waiting period for check results, as applied by the consignee of imported goods or agent thereof, the customs may legally choose to release goods after collecting deposits equivalent to tax payable in accordance with the applicable most-favored-nation rate, regular rate or other rate and shall handle import formalities in accordance with provisions and prepare customs statistical statement. After the check is finished, the customs shall handle formalities of refund of deposits or conversion of deposits into tax in accordance with the results of such check, and corresponding amendment shall be made to customs statistical data.

If the imported goods fall in the any of the category of goods whose import is forbidden or limited by the state or are suspected of deception, the customs may not release the goods before the check of the origin certificate or circulating certificate is finished.

Article 24    After the imported goods are declared to the customs and before they are released, if it is necessary to transport such goods to other countries for change of destination, the consignee of the imported goods or agent thereof shall lodge a written application with the customs.

Upon examination and verification, the customs shall endorse the original origin certificate and keep it, and shall provide the copy to the consignee or agent thereof.

Article 25    For export declaration, the consigner of the exported goods shall fill in the Goods Declaration for Export with Customs of the People's Republic of China in accordance with declaration provisions of customs, and shall submit the customs with the electronic data on the origin certificate or circulating certificate under the Agreement or a photocopy of the certificate.

Article 26    If imported goods under the Agreement and their packing are affixed with the mark of origin, the origin mark shall be in line with the origin of the goods verified in accordance with these Measures.

Article 27    Goods originating in a member state of ASEAN, which are exhibited in other member states of ASEAN or within the territory of China and sold to the territory of China during the exhibition or after the exhibition ends may adopt the conventional rate of China-ASEAN Free Trade Zone if they meet the following conditions:

1. The goods have been shipped to China in their status of display during the exhibition period or promptly after the exhibition;

2. After being displayed in the exhibition, the goods are not used for other purposes other than for display in the exhibition;

3. During the exhibition, the goods are subject to supervision of customs of the country or region where the exhibition is held.

When declaring the import of the foresaid exhibited goods, the consignee or agent thereof shall submit the customs with original origin certificate of such goods issues by the visa authority of member state of ASEAN, certificate indicating exhibition name and address issued by relevant government organ of the country holding such exhibition and relevant documents proving such goods meet provisions specified in Paragraph 2, Article 12 hereof.

Article 28    Customs shall be obliged to keep confidential trade secrets that they come into in accordance with these Measures. Without the consent of the consignee or consignor of the imported or exported goods, the customs may not disclose such secrets or use them for other purposes, except otherwise prescribed by laws, administrative regulations or relevant judicial interpretations.

Article 29    Any violation of these Measures shall be handled by the customs authorities in accordance with relevant provisions of the Customs Law and Implementing Regulations of the Customs of the People's Republic of China on Administrative Penalties if it constitutes smuggling, violation of the customs' regulatory provisions or other act of violating the Customs Law; if the violation constitutes a criminal offense, criminal liability shall be investigated in accordance with law.

Article 30    For the purpose of these Measures, the following terms shall be defined as follows:

Member states of ASEAN refer to the member states of ASEAN signing the Agreement with China, including the Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, Myanmar, Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam;

Materials include ingredients, parts, components, semi-assembled parts and parts that have been integral parts of another type of products or have been used in producing process of another type of products;

Producing refers to methods to acquire products, including planting, mining, harvesting, raising, breeding, extracting, collecting, picking, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling of products;

Exhibition includes any trade fair, agricultural or handicraft exhibition or trade show that is hold for the purpose of selling foreign products and in which goods shall be subject to customs' supervision during the exhibition period or similar exhibition or show held in stores or commercial premises.

Article 31    These Measures shall be interpreted by the General Administration of Customs.

Article 32    These Measures shall come into effect as of January 1, 2011, simultaneously repealing the Provisions of the Customs of the People's Republic of China on Implementing the Origin Rules of the China-ASEAN Free Trade Zone under the Framework Agreement on Comprehensive Economic Co-operation Between the People's Republic of China and the Association of Southeast Asian Nations promulgated under Order No. 108 of the General Administration of Customs on December 30, 2003.

Annex:

1. Origin Certificate (Format) (Omitted)

2. Declaration of Origin Qualification (Omitted)