Laws of the People's Republic of China

Circular of the General Administration of Quality Supervision, Inspection and Quarantine on the Relevant Requirements for Issuing the Certificate of Origin under Asia-Pacific Trade Agreement

Zhi Jian Tong Han [2006] No. 276

Each the inspection and quarantine bureau directly under the General Administration of Quality Supervision, Inspection and Quarantine:

The Asia-Pacific Trade Agreement has been officially implemented as from September 1, 2006, and the certificate of origin under Asia-Pacific Trade Agreement has been issued by all the local inspection and quarantine bureaus. Upon consultation with the relevant member countries to the Asia-Pacific Trade Agreement, it has been decided that the period from September 1, 2006 to December 31, 2006 shall be the transition period for implementation. The relevant requirements are hereby announced as follows:

1.

All the local inspection and quarantine institutions within China shall implement the new Rules of Origin under Asia-Pacific Trade Agreement (see Appendix) as from October 1, and certificate of origin shall still be substituted by Form A of the certificate of origin under the Generalized System of Preferences (GSP) and the words of "Certificate of Origin under ASIA-PACIFIC Trade Agreement" shall be added in column 4 of the certificate of origin. As from January 1, 2007, the Rules of Origin under Asia-Pacific Trade Agreement and the format of the certificate of origin shall be fully used.

2.

In accordance with the new Rules of Origin, column 8 of the certificate of origin shall be specially filled in as follows:

(1)

The letter A shall be filled in for the products completely obtained in the production country;

(2)

It shall be filled in as follows for the products manufactured with some materials imported:

(a)

As to the products as acquired in Article 3 of the said Rules, the letter B shall be filled in as well as the percentage of the total value of raw materials, parts and accessories or finished products which are originated from a non-member country or an unclear place to the FOB price of export products (for example: "B" 50%).

(b)

As to the products as required in Article 4 of the said Rules, the letter C shall be filled in, as well as the percentage of the total value of materials originated within the territory of a member country to the FOB price of export products (for example: "C" 60%).

(c)

Subject to Article 10 of the said Rules, the letter D shall be filled in for the products in light of the specific criteria of origin.

3.

All the local inspection and quarantine institutions shall organize the personnel for issuing the certificate of origin to study and grasp the Rules of Origin under Asia-Pacific Trade Agreement in a timely manner, publicize them to relevant enterprises actively so as to ensure that the export goods of China be able to smoothly enjoy preferential tariff treatments; Any problem encountered in the implementation of the said Rules shall be timely reported to the Customs Clearance Department of the General Administration of Quality Supervision, Inspection and Quarantine.

Appendix: Rules of Origin under Asia-Pacific Trade Agreement (omitted)

The General Administration of Quality Supervision, Inspection and Quarantine

September 20, 2006