Laws of the People's Republic of China

The General of Administration Customs

Announcement of the General Administration of Customs on Confirming the Origin of Imported Goods In Advance

[2001] No. 17

December 5, 2001

In order to confirm the country of origin of cargoes imported by the consignees and the concerning party in advance, the State Customs plan to implement the system of confirming the country of origin of cargoes imported in advance from Dec.11th 2001. The following should be clarified:

I.

The consignees and other person who direct relation to the cargoes imported can apply for the customs to confirm the country of origin of cargoes imported in advance with warrant.

II.

The applicant should apply for the direct customs to confirm the country of origin of cargoes imported in advance and state the reason of the application.

III.

The applicant should fill in the application form for the country of origin of cargoes imported (see attachment) and summit the following files:

(I)

Identity file of the applicant

(II)

Statement about the cargoes imported, includes but not confines to:

1.

The import cargoes' name, specification, type, serial number of tax regulations and commodity instruction and etc.

2.

The country (region) of the exported cargoes or the certificate of origin issued by the relevant institutions in the country of origin of cargoes

3.

Variety, specification, type, price, origin of the raw material made from imported cargoes

4.

The processing procedure, the working flow, the technique, processing place and added-value of processing and etc.

(III)

The transacting files of the imported cargoes, such as contract, letter of intent, enquiry of price, quotation and invoice and etc.

(IV)

The other files required by the customs

The applicant should mend the files according to the requirement of customs when the incomplete files proposed by the applicant affect the confirmation of the country of origin in advance by the customs.

IV.

Within 150 days from the day when the customs receive the written application and all the necessary files, the decision about the confirmation of the country of origin in advance by the customs should be made and notified the applicant under Interim Regulation on the Country of Origin of Imported Cargoes by the State Customs of PRC.

V.

The decision about the confirmation of the country of origin in advance made by the customs remains effective in all the entries and exits on the premise of that regulations, facts and conditions under which the decision has been made hereinabove are unchangeable.

VI.

The decision about the confirmation of the country of origin in advance made by the customs is invalid until one of the following occurs:

(I)

The principles of the country of origin by which the confirmation is made have changed,

(II)

The judicatory or administrative review examines the pre-confirmation and gives a different verdict.

If the decision of the pre-confirmation is invalid due to hereinabove, the implement of pre-confirmation by the previous principles still effects.

VII.

The inconsistence between the importation and information for applying for the pre-confirmation leads to invalid of the decision of pre-confirmation. The customs should confirm the country of origin of imported cargoes under the Interim Regulation on the country of origin of imported cargoes by the State Customs of PRC.

VIII.

If the applicant discontents the decision of confirm the country of origin of imported cargoes made by the customs or the consignee discontents the confirmation of the country of origin of the real imported cargoes by the decision of customs, they can apply for the administrative review or sue the People court for it.

IX.

The requirement for keeping secret for the files of the confirmation of the country of origin should be declared while submitting and met by the customs. It is not disclosed until the applicant agrees except required legally.

Attachment: Application for the confirmation of the country of origin of imported cargoes(form) (omitted)