Laws of the People's Republic of China

    Article 1  These Rules are formulated to strengthen the control on the
work of origin of export commodities and to promote the development of foreign
economic relations and trade.

    Article 2  The People's Republic of China Export Commodity Origin
Certificate (hereinafter referred to as the Certificate of Origin) shall be a
certificate testifying that the People's Republic of China is the origin of
the export commodity.

    Article 3  The State competent department in charge of foreign economic
relations and trade shall be responsible for the unified supervision and
control on the work of origin of export commodities conducted throughout
China.

    The competent departments in charge of foreign economic relations and
trade under the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government shall be responsible for
coordinating the work of origin of export commodities within their respective
administrative regions.

    Article 4  Import and export commodity inspection organs established
locally by the State administrations for import and export commodity
inspection, China Council for the Promotion of International Trade and its
sub-councils, as well as other authorities designated by the State competent
department in charge of foreign economic relations and trade shall sign and
issue Certificates of Origin in accordance with the provisions of the State
competent department in charge of foreign economic relations and trade.

    Article 5  Enterprises established according to law within the territory
of the People's Republic of China which are authorized to conduct foreign
trade operations, enterprises engaging in "commission processing," "sample
processing," "commissioned parts assembly" and "compensation trade" and
enterprises with foreign investment may, pursuant to their requirements, apply
to the certificateissuing authorities stipulated in Article 4 of these Rules
to obtain Certificates of Origin.

    Article 6  The People's Republic of China shall be the origin of these
export commodities complying with one of the following standards:

    1. Products produced or manufactured entirely within the territory of the
People's Republic of China, including:

    (1) mineral products extracted from within the territory and the
continental shelf of the People's Republic of China;

    (2) plants and plant products harvested or gathered from within the
territory of the People's Republic of China;

    (3) animals and animal products bred and raised within the territory of
the People's Republic of China;

    (4) products obtained through hunting and fishing within the territory of
the People's Republic of China;

    (5) marine products and other products, as well as their processed
products, obtained from the ocean by vessels or other means of the People's
Republic of China;

    (6) waste and waste materials resulting from manufacturing and processing
work undertaken within the territory of the People's Republic of China, as
well as other waste and used items collected within the territory of the
People's Republic of China;

    (7) products processed within the territory of the People's Republic of
China entirely with the use of the aforesaid products and other non-imported
raw materials.

    2. Those products the raw materials and parts used for which are partly or
entirely imported and the main and final manufacturing and processing stages
of which are conducted within the territory of the People's Republic of China,
causing thus substantive change in the products' appearance, properties, form
or usage. The State competent department in charge of foreign economic
relations and trade shall, in consultation with the relevant departments under
the State Council, formulate and adjust a detailed list of manufacturing and
processing procedures, pursuant to the principle of manufacturing and
processing processes as the main part, while the composition ratio as the
supplementary part.

    Article 7  An export commodity under application for a Certificate of
Origin must comply with the origin standards. If a commodity fails to comply
with these standards, the certificate-issuing authority shall refuse to sign
and issue a Certificate of Origin.

    Article 8  The procedures for the application for and the issuing of
Certificates of Origin shall be stipulated by the State competent department
in charge of foreign economic relations and trade.

    Article 9  The State competent department in charge of foreign economic
relations and trade may, on its own or according to the proposals of the
competent departments in charge of foreign economic relations and trade under
the people's governments of provinces, autonomous regions or municipalities
directly under the Central Government depending on the circumstances,
circulate a notice of criticism, suspend or even disqualify an enterprise from
applying for a Certificate of Origin if the enterprise violates these Rules in
any of the following ways:

    (1) providing false materials in order to fraudulently obtain a
Certificate of Origin;

    (2) forging or altering a Certificate of Origin;

    (3) illegally assigning a Certificate of Origin.

    The persons in charge of the enterprise involved in any of the aforesaid
acts and the persons directly responsible for such acts shall be the subject
of administrative sanctions; if circumstances are serious enough to constitute
a crime, criminal responsibility shall be investigated in accordance with the
law.

    Article 10  If a certificateissuing authority, violating provisions,
issues or refuses to issue a Certificate of Origin, the State competent
department in charge of foreign economic relations and trade may, on its own
or according to the proposals of the competent departments in charge of
foreign economic relations and trade under the people's governments of
provinces, autonomous regions or municipalities directly under the Central
Government, depending on the circumstances, circulate a notice of criticism or
suspend the authority's right to issue Certificates of Origin.

    Personnel of certificateissuing authorities who practise graft, abuse
their powers of office or neglect their duties shall be the subject of
administrative sanctions; if circumstances are serious enough to constitute a
crime, criminal responsibility shall be investigated in accordance with the
law.

    Article 11  Generalized System of Preference Certificates of Origin shall
be handled in accordance with the origin rules of the Generalized System of
Preference giving country.

    If a bilateral agreement concluded between the governments of the People's
Republic of China and a foreign country stipulates special provisions on the
issuing of Certificates of Origin, matters shall be handled pursuant to the
provisions of the agreement.

    Article 12  The State competent department in charge of foreign economic
relations and trade shall formulate implementing measures in accordance with
these Rules.

    Article 13  The State competent department in charge of foreign economic
relations and trade shall be responsible for the interpretation of these
Rules.

    Article 14  These Rules shall enter into effect as of May 1, 1992.