[Home] [Databases] [WorldLII] [Search] [Feedback] APEC Agreements and Declarations

You are here:  AsianLII >> Databases >> APEC Agreements and Declarations >> APEC RULES OF ORIGIN - HONG KONG

[Database Search] [Name Search] [Noteup] [Help]

APEC RULES OF ORIGIN - HONG KONG

2.6 HONG KONG: NON-PREFERENTIAL RULES OF ORIGIN

Being a free port, Hong Kong imposes no origin requirement on imported goods except where origin marking is concerned.

2.6.2 BASIC PRINCIPLES OF NON-PREFERENTIAL RULES OF ORIGIN

Processes such as simple diluting, packing bottling, drying, simple assembly, sorting or decorating, etc. are not regarded as genuine manufacturing processes.

2.6.3 LEGISLATION AND OTHER RULES/DOCUMENTS Origin Marking

Origin marking (for imports and exports) is governed by the Trade Description Ordinance, Chapter 362 of the Laws of Hong Kong. It stipulates that in relation to description of goods, goods shall be deemed to have been:

(ii) produced in the country in which they were wholly grown or mined.

The issue of certificate of origin by the Hong Kong Government Trade Department is governed by the Export (Certificates of Origin) Regulations of the Import and Export Ordinance, Chapter 60 of the Laws of Hong Kong. The issue of certificates of origin by the Government Approved Certificate- issuing Organizations (GACOs) is governed by the Protection of Non-government Certificates of Origin Ordinance, Chapter 324 of the Laws of Hong Kong.

Interested parties can obtain information on Hong Kong's rules of origin through Trade Circulars issued by the Hong Kong Government Trade Department or make enquiry to the Trade Department Certification Branch and the five Government Approved Certification Organizations (GACOs).

• The Hong Kong General Chamber of Commerce;
• Federation of Hong Kong Industries;
• The Chinese Manufacturers' Association of Hong Kong;
• The Indian Chamber of Commerce, Hong Kong; and
• The Chinese General Chamber of Commerce.
  

2.6.4 RESPONSIBILITY FOR CORRECT DETERMINATION OF ORIGIN

For all imports, since Hong Kong is a free port with no tariffs, there is no need for origin determination except only when an origin marking offence is concerned. The origin of imported goods is required to be indicated on import declarations for trade statistics purposes.

Similarly for all exports, an origin indication is made on the export declaration for statistical purposes. For those exports under a Certificate of Hong Kong Origin (CHKO), origin determination is made by

either the Hong Kong Government Trade Department or one of the five GACOs in deciding whether a CHKO is issuable. Application for certificates of origin for exports should be made before exportation of the goods concerned.

The introduction and revision of the Hong Kong origin rules are an administrative arrangement undertaken by the Hong Kong Government Trade Department and the Certification Coordination Committee (CCC). The criteria for determining origin are:

• For wholly-obtained goods, they must be natural produce of Hong Kong which have been grown or mined in Hong Kong.

• There is no special provision for definition of "wholly manufactured goods" in Hong Kong.
  
• For manufactured goods involving multiple country processing and/or materials, they must be the product of a manufacturing process(es) in Hong Kong which has changed permanently and substantially the shape, nature, form or utility of the basic materials used in the manufacture. Where the manufacturing process alone does not suffice to express substantial transformation, the Hong Kong cost content attributable to local component parts and labour vis-a-vis the total manufacturing cost will be considered in a supplementary manner. The current local cost content requirement is 25 percent.
  

The Certification Co-ordination Committee is established to co-ordinate certification policy and to standardize practices and procedures amongst the certificate-issuing organizations, and to improve the overall efficiency of the certification system. It is chaired by the Assistant Director-General of the Trade Department responsible for certification of origin matters and attended by representatives of all GACOs, the Customs and Excise Department and the Industry Department.

There are no other conditions or requirements.

In case where Hong Kong origin status is not granted to a particular good, the affected party may make written request or representations to the Trade Department for reconsideration or clarification.

Ms. Anita Tse
Principal Trade Officer
Certification Branch,
Hong Kong Government Trade Department
3/F, Trade Department Tower,
700 Nathan Road, Kowloon, Hong Kong

Tel: 852-2398-5538
Fax: 852-2789-2491