Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Administrative Measures of the People’s Republic of China on Issuance of Certificates of Origin (Non-preferential)

Administrative Measures of the People's Republic of China on Issuance of Certificates of Origin (Non-preferential)

CHAPTER 1 GENERAL PRINCIPLES

Article 1   These Measures are formulated pursuant to the provisions of the Law of the People's Republic of China on Import and Export Commodity Inspection and its Implementation Regulations, the Regulations of the People's Republic of China on Place of Origin of Imports and Exports and the relevant laws and regulations, for the purposes of standardising administration of issuance of Certificates of Origin (Non-preferential) and promoting foreign trade development.

Article 2   A Certificate of Origin (Non-preferential) of the People's Republic of China referred to in these Measures (hereinafter referred to as "the Certificate of Origin") shall mean a written certificate issued to attest that the exports are originated from the People's Republic of China, which applies to the implementation of most-favoured-nation treatment, anti-dumping and countervailing, safeguard measures, administration of place of origin, quantitative restrictions for countries, , tariff quotas and other non-preferential trade incentives, as well as activities such as government procurement and trade statistics.

Article 3   The General Administration of Customs implements administration of the issuance of Certificates of Origin.

The competent Customs and the China International Trade Promotion Committee and its branches are responsible for the issuance of Certificates of Origin in accordance with division of duties.

The Customs and China International Trade Promotion Committee and its branches shall be collectively referred to as the issuing authorities hereinafter.

Article 4   An applicant applying to the issuing authority for the issuance of a Certificate of Origin (hereinafter referred to as "the applicants") shall be the consignor of exports.

Article 5   Applicants shall provide true materials and information to the issuing authorities.

Officers of the General Administration of Customs and the issuing authorities shall undertake the confidentiality obligations for trade secrets which have come to their knowledge during the issuance of certificates.

Article 6   The General Administration of Customs and the issuing authorities shall strengthen the administration of issuance of certificates of origin for products which are subject to quality and safety requirements such as lives and health, environmental protection, prevention of fraud, national security, etc.

Chapter 2 APPLICATION AND ISSUANCE OF CERTIFICATES OF ORIGIN

Article 7   Applicants shall apply to the issuing authority at the location of the applicant, place of manufacturing of goods, or location of exit port, for a Certificate of Origin prior to the shipment of goods. An applicant applying for a Certificate of Origin for the first time shall provide the following materials to the issuing authorities at the location:

(1) A "Filing Form for Enterprise Applying for a Certificate of Origin (Non-preferential)" which is filled in truthfully and accurately;

(2) A "Power of Attorney for Declaration Personnel of Certificate of Origin" and the relevant information of the declarant;

(3) Format of the mark of origin;

(4) An application form for the Certificate of Origin (Non-preferential) of the People's Republic of China;

(5) A Certificate of Origin (Non-preferential) of the People's Republic of China filled in pursuant to the provisions;

(6) Commercial invoice of exports;

(7) Where the goods for which a certificate is applied are manufactured at a foreign location, the place-of-origin investigation results issued by the issuing authority of Certificates of Origin shall be submitted; and

(8) For goods manufactured in two or more countries (regions) or goods for which the issuing authorities require to verify the veracity of place of origin, the applicant shall submit a "Breakdown of Product Costs".

Where an application for Certificate of Origin is made electronically, an "Application Form for Electronic Issuance of Certificate of Origin" and a "Letter of Undertaking for Electronic Issuance of Certificate of Origin" shall also be submitted.

Article 8    The issuing authorities shall, upon verification of information such as the relevant information of the applicant and the declared products, the declarant of place of origin, and mark of origin, etc, pursuant to the provisions of the first four items in the first paragraph of Article 7, issue a "Registration Certificate for Enterprise Applying for Certificate of Origin" to the applicant.

Article 9   Where there is any change in the first four items in the first paragraph of Article 7, the applicant shall promptly perform an amendment procedure with the issuing authorities.

Article 10   Where an applicant who has obtained a "Registration Certificate for Enterprise Applying for Certificate of Origin" reapplies for a Certificate of Origin, it may be exempted from provision of the materials provided in the first four items in the first paragraph of Article 7.

Article 11   Where the importer requires a Certificate of Origin issued by the official authorities, the applicant shall apply to the Customs; where there is no specific request, the applicant may apply either to the Customs, the China International Trade Promotion Committee or its local branches.

Article 12   Where the goods for which a certificate is applied are manufactured at a foreign location, the applicant shall apply to the issuing authority of Certificates of Origin for the place-of-origin investigation results. Where the issuing authority needs to carry out further verification, the issuing authority of Certificates of Origin shall cooperate.

Article 13   Upon receipt of an application for the issuance of a Certificate of Origin, the issuing officer of the issuing authority shall examine the application of the applicant pursuant to the provisions of the Regulations of the People's Republic of China on Place of Origin of Imports and Exports and the Provisions on Substantive Change Standards in Place of Origin (Non-preferential) Rules.

Article 14   The issuing authorities may carry out onsite investigation on the products declared by an applicant, verify the manufacturing equipment, processing workflow, place of origin of raw materials and parts, finished products and their manual, internal and external packaging, etc, and fill in the "Place of Origin Investigation Records".

Article 15   Goods for which a Certificate of Origin is applied, their internal and external packaging or manual shall not contain words or marks indicating that the goods are manufactured or produced in another country or region.

Article 16   For goods which have participated in overseas exhibitions, an applicant may present the approval document for exhibition to apply for a Certificate of Origin.

For goods which are processed in China but without completing substantive change, an applicant may apply to the issuing authority for a processing or assembly certificate.

For non-origin goods re-exported via China, an applicant may apply to the issuing authority for a re-export certificate.

Article 17   The issuing authorities shall complete examination within two working days from the acceptance of an application for the issuance of a certificate; where the application passes examination, a certificate shall be issued.

Where an applicant has not registered with the issuing authority, the issuing authority shall complete examination of the application for the issuance of a certificate within two working days from the verification of filing information; where the application passes examination, a certificate shall be issued.

Time taken for investigation and verification shall not be included therein.

Article 18    The State encourages applicants to apply for Certificates of Origin electronically.

Applicants making electronic applications shall use the electronic declaration software which has passed unified evaluation, and shall ensure the veracity and accuracy of electronic data.

Upon receipt of electronic data, the issuing authorities shall promptly verify and issue a Certificate of Origin.

Electronic declaration software vendors shall ensure the quality of electronic declaration software, and provide relevant technical support.

Article 19    Only one Certificate of Origin shall be applied per batch of goods; an applicant shall not make repeated applications for a Certificate of Origin for the same batch of goods.

Article 20   A Certificate of Origin shall be issued in one original copy and three duplicate copies. The original copy and two duplicate copies shall be issued to the applicant; the remaining duplicate copy and supporting materials shall be retained in the archive of the issuing authorities for three years.

Where an applicant applies for additional duplicate copies of a Certificate of Origin due to actual needs, the issuing authorities shall process the application.

A Certificate of Origin shall be valid for one year from the date of issuance. The validity period of a revised or re-issued certificate shall be the same as the originally issued certificate.

Article 21   Where the original copy of an issued certificate is lost or damaged, the applicant may submit an "Application Form for Revision/Re-issuance of Certificate of Origin (Non-preferential) of the People's Republic of China" to the issuing authority during the validity period of the certificate to apply for re-issuance of the certificate.

Article 22   Where the contents of an issued certificate are revised, the applicant shall submit an "Application Form for Revision/Re-issuance of Certificate of Origin (Non-preferential) of the People's Republic of China" during the validity period of the Certificate of Origin, and return the originally issued certificate. Upon verification by the issuing authority, a new certificate may be issued.

Where there is a need for re-issuance of a certificate in the event of loss or damage of a revised certificate, an applicant shall apply for re-issuance of the certificate pursuant to the provisions of these Measures.

Article 23   Under special circumstances, an applicant may apply for a retrospective issuance of a Certificate of Origin after the shipment of goods.

The following materials shall also be submitted for an application for the retrospective issuance of a Certificate of Origin, in addition to providing the relevant materials pursuant to the provisions of Article 7 and Article 10 of these Measures:

(1) An application form for the retrospective issuance of the Certificate of Origin;

(2) Written explanation for the application for the retrospective issuance of the certificate; and

(3) Shipping documents such as bill of lading for the goods; and

The issuing authorities shall state the word "re-issued" in the official column to be used by the issuing authorities on the Certificate of Origin.

For reshipped goods or goods for which the place of origin is unable to be verified, the issuing authorities shall not issue a Certificate of Origin retrospectively.

Article 24   Where the importer requires that the place of origin be stated on the commercial invoice and other documents or on the packaging of the goods, the applicant may make a direct declaration if the goods are wholly obtained in the place of origin; where the goods contain non-originating components, the applicant shall apply to the issuing authorities for a Certificate of Origin before making a place of origin declaration.

Chapter 3 INVESTIGATION OF PLACE OF ORIGIN

Article 25   The issuing authorities may, pursuant to the needs, carry out an investigation for the issuance of a certificate on the goods for which a Certificate of Origin is applied, and fill in the "Place of Origin Investigation Records".

Article 26   Upon the request of the relevant organisations of the importing country (region), the issuing authorities shall verify the place of origin of the exports, and provide feedback on the verification findings to the relevant organisations of the importing country (region) within three months from receipt of the query letter.

Parties under investigation shall cooperate in the investigation, and promptly provide relevant materials.

Article 27    The State implements management of the marks of origin of exports.

Where there is a mark of origin on the exports and packaging thereof, the place of origin stated in the mark of origin shall be consistent with the place of origin determined in the Regulations of the People's Republic of China on Place of Origin of Imports and Exports.

Where the place of origin stated in the mark of origin of the exports is inconsistent with the actual place of origin, the Customs shall order the parties concerned to make correction.

Chapter 4 SUPERVISION AND ADMINISTRATION

Article 28   The General Administration of Customs shall carry out supervision and inspection for the issuance of Certificates of Origin, jointly with the relevant departments of the State Council.

Article 29    An applicant shall archive relevant documents for products for which a certificate is applied.

Exports manufacturing enterprises shall archive receipts and record files for sources of raw materials, manufacturing and processing, shipment of finished products, etc.

The files stipulated in the two preceding paragraphs shall be retained for at least three years.

Article 30   The issuing authorities may carry out an inspection on an applicant and products for which a certificate is applied pursuant to the requirements for the issuance of certificates. Where inspection findings are not satisfactory, the issuing authorities shall order for correction to be made, or cancel the filing.

Article 31   The issuing authorities shall implement a specialised administrative system for the affixation of the seal for the issuance of Certificates of Origin and blank certificates, and shall not give a blank Certificate of Origin signed and affixed to an applicant.

Article 32   The General Administration of Customs shall formulate statistical norms for the issuance of Certificates of Origin and determine statistical projects, jointly with the relevant departments of the State Council.

The issuing authorities shall be responsible for statistical collection for their issuance of Certificate of Origin. The China International Trade Promotion Committee shall be responsible for the compilation of statistical data for the issuance of certificates by the Promotion of International Trade System.

All direct-reporting Customs and the China International Trade Promotion Committee shall submit statistical data for the issuance of certificates to the General Administration of Customs electronically on a regular basis. The statistical data for the first half year shall be submitted before 20 July each year, and the statistical data for the preceding year shall be submitted before 20 January each year.

The General Administration of Customs shall be responsible for unifying and summarising statistical data for the issuance of certificates by various issuing authorities, and shall report to the relevant departments of the State Council.

CHAPTER 5 LEGAL LIABILITY

Article 33   Anyone who violates the provisions of these Measures shall be subject to administrative punishment by the Customs at the place of the occurrence of the illegal act.

Where the Promotion of International Trade System discovers a violation of the provisions of these Measures is discovered in the process of issuance of a certificate, it shall forward the matter to the Customs at the location for handling.

Article 34   In the case of forgery, alteration, trading, or theft of a Certificate of Origin issued by the Customs, criminal liability shall be pursued in accordance with the law; where the case does not constitute a criminal offence, the offender shall be ordered by the Customs pursuant to the provisions of Article 36 of the Law of the People's Republic of China on Import and Export Commodity Inspection to make correction, any illegal income shall be confiscated, and a fine of not more than the equivalent value of the goods shall be imposed.

Article 35   In the case of using a forged Certificate of Origin or altered Certificate of Origin issued by the Customs, where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law; where the case does not constitute a criminal offence, the offender shall be ordered by the Customs pursuant to the provisions of Article 47 of the Rules for the Implementation of the Law of the People's Republic of China on Import and Export Commodity Inspection to make correction, illegal income shall be confiscated, and a fine of not more than the equivalent value of the goods shall be imposed.

Article 36   In the case of forgery, alteration, trading, or theft of a Certificate of Origin issued by the China International Trade Promotion Committee or its local branches, a fine ranging from RMB5,000 to RMB100,000 shall be imposed by the Customs pursuant to the provisions of Article 23 of the Regulations of the People's Republic of China on Place of Origin of Imports and Exports; in the case of forgery, alteration, trading, or theft of a Certificate of Origin issued by the China International Trade Promotion Committee or its local branches which is used as proof of Customs clearance, a fine of not more than the equivalent value of the goods shall be imposed; where the value of the goods is less than RMB5,000, a fine of RMB5,000 shall be imposed. Illegal income shall be confiscated by the Customs. Where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Article 37   In the case of provision of false materials to obtain a Certificate of Origin, a fine ranging from RMB5,000 to RMB100,000 shall be imposed by the Customs pursuant to the provisions of Article 23 of the Regulations of the People's Republic of China on Place of Origin of Imports and Exports; in the case of obtaining a Certificate of Origin which is used as proof of customs clearance by fraudulent means, a fine of not more than the equivalent value of the goods shall be imposed; where the value of the goods is less than RMB5,000, a fine of RMB5,000 shall be imposed. Illegal income shall be confiscated by the Customs. Where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Article 38   In the case of an applicant who provides false materials to obtain filing, where there is illegal income, the Customs shall impose a fine of not more than three times the amount of illegal income, capped at RMB30,000; where there is no illegal income, a fine of RMB10,000 shall be imposed.

Article 39    Officers of the issuing authorities who have committed any of the following acts shall be subject to criticism by circulation of notice, revocation of certificate issuance qualifications, or administrative punishment imposed pursuant to the law; illegal income shall be confiscated; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law:

(1) Issuing a certificate in violation of the provisions of laws and regulations;

(2) Refusing to issue a certificate without a proper reason;

(3) Divulging commercial secrets which have come to their knowledge; or

(4) Abusing official powers, dereliction of duties, or corruption.

Chapter 6 SUPPLEMENTARY PROVISIONS

Article 40   Where there is a need for issuance of a Certificate of Origin for the purpose of government procurement, anti-dumping, countervailing, anti-fraud, mark of origin, etc, the Customs shall implement pursuant to these Measures.

Under any other circumstances which require the issuance of a Certificate of Origin or require affixation of a seal for endorsement on trade documents relating to the Certificate of Origin, the provisions in these Measures shall apply with reference.

Article 41   The format of an original copy of a certificate shall be consisted of a light blue ripple background with an image of the Great Wall. The contents of the certificate shall be written in English.

The General Administration of Customs and the China International Trade Promotion Committee shall print blank certificates on a unified basis to be used by the system.

Article 42   Fees shall be collected for the issuance of Certificates of Origin pursuant to the relevant provisions of the State.

Article 43    The General Administration of Customs shall be responsible for the interpretation of these Measures.

Article 44   These Measures shall be effective from 1 August 2009. Where there is any inconsistency between these Measures and the provisions on the administration of issuance of Certificates of Origin (Non-preferential) for exports formulated prior to the implementation of these Measures, these Measures shall prevail.