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APEC RULES OF ORIGIN - CHINA

2.5 PEOPLE'S REPUBLIC OF CHINA:

NON-PREFERENTIAL RULES OF ORIGIN

China's current non-preferential rules of origin are divided into two categories, import and export;

1. Import Rules of Origin are used for the application of MFN rates, for compiling trade statistics, for marking of origin, for import control, and will be used for anti-dumping duties, countervailing duties, safeguard measures, and tariff quota.
   
2. Export Rules of Origin are used for export control, for compiling trade statistics and for marking of origin.
   

Up to now we have had a single set of rules of origin for all non-preferential purposes.

2.5.2 BASIC PRINCIPLES OF NON-PREFERENTIAL RULES OF ORIGIN

Where the production of the goods has taken place in several countries/areas, the countries/areas carrying out the last substantial processes economically, shall be regarded as the original country of the goods. "The substantial processes" means that, after processing, the tariff heading of a product has been changed in the "Customs Import and Export Tariff", or the percentage of the value-added reaches 30 percent or more of the whole value of the new product.

"The substantial processes" is used as the basic principle of our current rules and "value- added" criteria is used as supplementary rules.

Products containing imported material or components mainly or finally manufactured or processed within the territory of the People's Republic of China with substantial alterations in the appearance, nature, state or purposes of the imported materials or components. The list of procedures of manufacturing and processing shall be formulated and adjusted by the State Department in charge of foreign economic relations and trade in consultation with departments concerned of the State Council according to the principle of taking the manufacturing and processing procedures as the main body supplemented by the proportion of composition.

2.5.3 LEGISLATION AND OTHER RULES/DOCUMENTS Legislation

The People’s Republic of China non-preferential ROO are embodied in the following legislation:

"Rules of the People's Republic of China on the Place of Export Goods" issued by the State Council.

For export, the State Import and Export Commodities Inspection Departments and their branches in various localities, the China Council for the Promotion of International Trade and their branches and other organizations authorized by the State Department in change of foreign economic relations and trade are responsible for signing and issuing certificates of origin of export goods according to the regulations formulated by the State Department in charge of foreign economic relations and trade.

The declarant has responsibility for the correct declaration of import. Even after they receive an import permit, they are not free of such responsibility and Customs may, as necessary, conduct post- entry examinations.

In principle, the country/area of origin of a good is determined on the basis of a declarant's declaration. Customs, as necessary, verifies the declaration through the examination of submitted relevant documents and inspection of marking of goods. Furthermore, Customs could require the declarant to submit the certificate of origin issued by the exporting country/area's authorities.

Goods Wholly Obtained from a Country (for import):

(ii) Vegetable products harvested or gathered in the territory of the country/area

(iv) Products obtained from hunting or fishing in that country/area

(vi) Products obtained aboard a factory ship of that country/area, solely from products of the kind covered by paragraph (v) above

(viii) Goods produced in that country/area solely from the products referred to in paragraphs (i) to

(vii) above

2.5.6 OTHER CONDITIONS OR REQUIREMENTS

2.5.7 REVIEW PROCEDURES

2.5.8 CONTACTS

Tel: 86-10-6519-5326
Fax: 86-10-6519-5307