Regulations of the people's Republic of China on t

2022-08-24
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Article 7 the origin of energy, plant, equipment, machinery and tools used in the production of goods, as well as the origin of materials that do not constitute the material components or components of the goods, shall not affect the determination of the origin of the goods

Article 8 if the packaging, packaging materials and containers imported and exported with the loaded goods are classified together with the goods in the import and export tariff of the people's Republic of China, the origin of the packaging, packaging materials and containers does not affect the determination of the origin of the loaded goods; The origin of the package, packaging materials and containers is no longer determined separately, and the origin of the goods is the origin of the package, packaging materials and containers

if the packaging, packaging materials and containers imported and exported with the goods are not classified together with the goods in the import and export tariff of the people's Republic of China, the origin of the packaging, packaging materials and containers shall be determined in accordance with the provisions of these regulations

Article 9 if the accessories, spare parts, tools and descriptive materials imported and exported with the goods according to the type and quantity of normal equipment are classified together with the goods in the import and export tariff of the people's Republic of China, the origin of the accessories, spare parts, tools and descriptive materials does not affect the determination of the origin of the goods; The origin of the accessories, spare parts, tools and descriptive materials is no longer determined separately, and the origin of the goods is the origin of the accessories, spare parts, tools and descriptive materials

although the accessories, spare parts, tools and descriptive materials imported and exported with the goods are classified together with the goods in the import and export tariff of the people's Republic of China, but the types and quantities exceed the normal allocation, and are not classified together with the goods in the import and export tariff of the people's Republic of China, the origin of the accessories, spare parts, tools and descriptive materials shall be determined in accordance with the provisions of these regulations

Article 10 any processing or treatment of goods is to circumvent the relevant provisions of the people's Republic of China on anti-dumping, countervailing and safeguard measures. The customs may not consider such processing and treatment when determining the origin of the goods

Article 11 when handling the customs declaration procedures of imported goods in accordance with the Customs Law of the people's Republic of China and relevant provisions, the consignee of imported goods shall truthfully declare the origin of imported goods in accordance with the criteria for determining the origin of the imported goods stipulated in these regulations; If the origin of the same batch of goods is different, the origin shall be declared separately

Article 12 before the import of imported goods, the consignee of the imported goods or other parties directly related to the imported goods may, with justified reasons, apply in writing to the customs to make a pre-determined decision on the origin of the goods to be imported; The applicant shall, in accordance with regulations, provide the customs with the information necessary to make a pre determination decision on the origin

The customs shall, within 150 days from the date of receiving the written application for the pre determination of the origin and all necessary information, make a decision on the pre determination of the origin of the imported goods in accordance with the provisions of these regulations and publish it to the public

Article 13 After accepting the declaration, the customs shall examine and determine the origin of the imported goods in accordance with the provisions of these regulations

for goods that have made a pre-determined decision on the origin, when they are actually imported within 3 years from the date of the pre-determined decision, the customs will no longer re determine the origin of the imported goods if the goods actually imported are consistent with the goods mentioned in the pre-determined decision after examination by the customs, and the criteria for determining the origin stipulated in these regulations have not changed; If the goods actually imported by the customs are inconsistent with the goods mentioned in the pre-determined decision, the customs shall re examine and determine the origin of the imported goods in accordance with the provisions of these regulations

Article 14 when examining and determining the origin of imported goods, the customs may require the consignee of imported goods to submit the certificate of origin of the imported goods and verify it; If necessary, the relevant authorities of the exporting country (region) of the goods may be requested to verify the origin of the goods

Article 15 according to the written application submitted by foreign trade operators, the customs may, in accordance with the provisions of Article 43 of the Customs Law of the people's Republic of China, make an administrative ruling to determine the origin of the goods to be imported in advance and publish it to the public

The same administrative ruling shall apply to the import of the same goods

Article 16 3.5 stabilizers in China implement the management of the mark of origin. If the goods or their packages are marked with the mark of origin, the origin indicated by the mark of origin shall be consistent with the origin determined in accordance with these regulations

Article 17 the consignor of export goods may apply for the certificate of origin of export goods from the local entry-exit inspection and quarantine institutions under the General Administration of quality supervision, inspection and quarantine, the China Council for the promotion of international trade and its local branches (hereinafter referred to as the visa authority)

Article 18 when applying for the certificate of origin of export goods, the consignor of export goods shall go through the registration formalities with the visa authority, declare the origin of export goods truthfully in accordance with the regulations, and provide the visa authority with the materials necessary for issuing the certificate of origin of export goods

Article 19 after accepting the application of the consignor of export goods, the visa agency shall examine and determine the origin of export goods and issue the certificate of origin of export goods in accordance with the regulations; For export goods that do not originate in the territory of the people's Republic of China, the certificate of origin of export goods shall be refused

The specific measures for the administration of the issuance of certificates of origin for export goods shall be formulated separately by the General Administration of quality supervision, inspection and quarantine in conjunction with other relevant departments and institutions of the State Council

Article 20 at the request of the relevant authorities of the importing country (region) of the export goods, the customs and visa authorities may verify the origin of the export goods and feed back the verification to the relevant authorities of the importing country (region) in a timely manner

Article 21 the customs and visa agencies shall keep confidential the data and information used to determine the origin of goods, unless it can be provided according to relevant regulations or with the permission of the unit or individual providing the data and information

Article 22 those who declare the origin of imported goods in violation of the provisions of these Regulations shall be punished in accordance with the relevant provisions of the foreign trade law of the people's Republic of China, the Customs Law of the people's Republic of China and the regulations of the people's Republic of China on the implementation of customs administrative penalties

Article 23 If anyone provides false materials to defraud the certificate of origin of export goods or forges, alters, buys, sells or steals the certificate of origin of export goods, the entry-exit inspection and quarantine institution and the customs shall impose a fine of more than 5000 yuan and more than 100000 yuan on the machine for mechanical testing of such materials, which has also attracted widespread attention; Whoever fraudulently obtains, forges, alters, buys, sells or steals the certificate of origin of export goods as the customs release certificate shall be fined less than the equivalent value of the goods, but if the value of the goods is less than 5000 yuan, the Academy shall be fined 5000 yuan. The Academy will establish an innovation system integrating basic research, process development, engineering, industrialization and product utilization. If there are illegal gains, the entry-exit inspection and quarantine institutions and the customs shall confiscate the illegal gains. If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

Article 24 If the mark of origin of imported goods is inconsistent with the origin determined in accordance with these regulations, the customs shall order it to make corrections

if the mark of origin of export goods is inconsistent with the origin determined in accordance with these regulations, the customs and entry-exit inspection and quarantine institutions shall order them to make corrections

Article 25 Any staff member who determines the origin of import and export goods who violates the procedures stipulated in these regulations to determine the origin, or divulges the trade secrets he knows, or abuses his power, neglects his duty, or engages in malpractices for personal gain, shall be given administrative sanctions according to law; If there are illegal gains, the illegal gains shall be confiscated; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

Article 26 the meaning of the following terms in these Regulations:

acquisition refers to capture, fishing, collection, harvesting, mining, processing or production

the origin of goods refers to the country (region) that obtains a certain goods determined in accordance with these regulations

the certificate of origin is a written document that indicates that the exporting country (region) issues the zipper according to the rules and relevant requirements of the country of origin, and clearly indicates that the goods listed in the certificate originate from a specific country (region)

mark of origin refers to the words and graphics used on goods or packages to indicate the origin of the goods

Article 27 these Regulations shall enter into force as of January 1st, 2005. The rules of origin of export goods of the people's Republic of China promulgated by the State Council on March 8, 1992 and the Interim Provisions of the customs of the people's Republic of China on the origin of imported goods promulgated by the General Administration of Customs on December 6, 1986 shall be repealed at the same time

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