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[No.416] Decree of the State Council of the People's Republic of China No. 416


Regulations of the People’s Republic of China on the Origin of Import and Export Goods, adopted at the 61st Executive Meeting of the State Council on August 18, 2004, are hereby promulgated and shall become effective as of January 1, 2005.



Premier Wen Jiabao


September 3, 2004



Regulations of the People’s Republic of China on the Origin of Import and Export Goods


(Adopted at the 61st Executive Meeting of the State Council on August 18, 2004, promulgated by Decree No. 416 of the State Council of the People’s Republic of China on September 3, 2004, and effective as of January 1, 2005)


Article 1 These Regulations are formulated for the purposes of accurately determining the origin of import and export goods, effectively implementing all trade measures and promoting the development of foreign trade.


Article 2 These Regulations are applicable to the origin determination of import and export goods in applying such non-preferential trade measures as most-favored-nation treatment, anti-dumping, countervailing and safeguard measures, administration of origin markings, national quantitative restrictions or tariff quotas, and in undertaking such activities as government procurement or trade statistics as well.


These Regulations are not applicable to the origin determination of import and export goods in applying preferential trade measures, and the specific measures therefor are to be separately formulated in accordance with the relevant provisions of the international treaties and agreements concluded or acceded to by the People’s Republic of China.


Article 3 A country (region) shall be determined as the origin of the goods if these goods have been wholly obtained in such country (region); when more than one country (region) is concerned in the production of the goods, the country (region) where the last substantial transformation has been carried out shall be determined as the origin of these goods.


Article 4 For purposes of Article 3 of these Regulations, the goods that have been wholly obtained in a country (region) refer to:

(1) live animals born and raised in the said country (region);

(2) animals captured, fished and gathered in the wild of the said country (region);

(3) products obtained from live animals of the said country (region) without further processing;

(4) plants and plant products harvested in the said country (region);

(5) minerals excavated in the said country (region);

(6) naturally occurring substances obtained in the said country (region), not included in Items (1) to (5) of this Article;

(7) waste and scrap derived from producing in the said country (region) and fit only for disposal or recovery as raw materials;

(8) articles collected in the said country (region) that are not capable of being restored or repaired, or parts or raw materials recovered from such articles;

(9) products of sea fishing and other products taken from the sea outside the territorial waters of the said country by the vessels entitled to fly its flag;

(10) products processed on board the factory ships entitled to fly the flag of the said country exclusively from the products referred to in Item (9) of this Article;

(11) products taken from the seabed or subsoil beneath the seabed outside the territorial waters of the said country, provided that the country has the exclusive rights to exploit such seabed or subsoil; and

(12) goods produced in the said country (region) exclusively from the products referred to in Items (1) to (11) of this Article.


Article 5 In determining whether the goods are wholly obtained in a country (region), the following minimal operations or processes shall not be taken into account:

(1) operations or processes to ensure preservation of the goods for the purpose of transport or storage;

(2) operations or processes to facilitate shipment of the goods; and

(3) operations or processes to package the goods for sale.


Article 6 The basic criteria to determine substantial transformation, as provided in Article 3 of these Regulations, shall be the change in tariff classification; if the change in tariff classification is not applicable to the determination of the origin of the goods, such criteria as ad valorem percentages and/or manufacturing or processing operations shall be the supplementary criteria, and the specific criteria therefor shall be set forth by the General Administration of Customs together with the Ministry of Commerce and the General Administration of Quality Supervision, Inspection and Quarantine.


The term “change in tariff classification” referred to in Paragraph 1 of this Article means the manufacturing or processing of non-originating materials of a country (region) conducted in the said country (region) results in the change in classification of the goods in a certain digit heading under the Customs Tariff of Import and Export of the People’s Republic of China.


The term “ad valorem percentage” referred to in Paragraph 1 of this Article means the value added exceeds a certain percentage of the value of the products obtained after the manufacturing or processing of non-originating materials in the country (region).




STATEMENT

General Administration of Quality Supervision Inspection and Quarantine AQSIQ Organization

No.68.ShunAn South Road,MaPo District,ShunYi District,BeiJing Post Code: 101300