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中华人民共和国普遍优惠制原产地证明书签证管理办法 PROVISIONS FOR ISSUING GSP CERTIFICATES OF ORIGIN FORM A OF THE PEOPLE'S REPUBLIC OF CHINA

2006-05-18 00:30   我要纠错 | 打印 | 收藏 | | |

国检务(1989)443号
(Promulgated by the State Administration of Import and Export Commodity Inspection on August 21, 1989)
颁布日期:19890901  实施日期:19890901  颁布单位:国家商检局

  Chapter I General Provisions

  Article 1 These Provisions are formulated for purpose of strengthening the administration on the issuance of General Special Preferential Certificates of Origin Form A (hereinafter referred to as GSP Certificates of Origin), guaranteeing the issuance of Certificates in conformity with the relevant requirements of the preference-giving countries, ensuring commodities exported from China to pass the Customs of the preference-giving countries smoothly and obtaining the preference treatment of duties of deduction/exemption in accordance with the decision made by the GSP of the United Nations Conference on Trade Development and the Law of the People's Republic of China on Import and Export Commodity Inspection.

  Article 2 GSP Certificates of Origin are used as legal official documents certified. The State Administration of Import and Export Commodity Inspection (hereinafter referred to as the State Administration of Commodity Inspection) is in charge of unified administration on the issuance of GSP Certificates of Origin throughout the country. The local commodity inspection authorities and their branches and offices(hereinafter referred to as the commodity inspection authorities) set up by the State Administration of Commodity Inspection are responsible for issuing GSP Certificates of Origin.

  For GSP Certificates of Origin which are required to be signed as non reprocessing certificates issued in Hong Kong and subject to confirmation of the preference-giving countries, the State Administration of Commodity Inspection shall authorize the China Inspection Co. Ltd. Hong Kong to undertake the issuance work.

  Article 3 The issuance of GSP Certificates of Origin is only referred to those commodities which have been given the duty preference treatment in accordance with the laws/decrees published by the preference-giving countries and which have been officially notified by countries that will give China the preference treatment. These commodities must be in compliance with the Rules of Origin and the Rules of Direct Consignment.

  Article 4 The application units when applying the issuance of GSP Certificates of Origin to the commodity inspection authorities, are required to fill in the application forms strictly in accordance with the programme adopted by the preference-giving countries and the requirements specified in these Provisions.

  Chapter II Registration and Application

  Article 5 Application units who apply for GSP Certificates of Origin are:

  (1) Domestic enterprises which have been authorized to deal with import and ex port business activities;

  (2) Chinese-foreign equity joint ventures, Chinese- foreign contractual joint ventures and the wholly foreign-owned enterprises;

  (3) Representative offices of foreign enterprises and trade corporations in China;

  (4) Enterprises processing with supplied materials, manufacturing with supplied samples and designs, assembling with supplied parts, and conducting compensation trade;

  (5) Services for selling tourist goods;

  (6) The relevant units selling the exhibits and samples for international economic and cultural exchange activities.

  Article 6 Application units which apply for the GSP Certificates of Origin must go through registration procedures in the local commodity inspection authorities in advance.

  Article 7 The application units in making registration, must provide the papers approved by the authority for approval, business license, agreements and other relevant documents. The commodity inspection authorities after examination and investigation, shall permit those units which are in compliance with the requirements to make the registration.

  Article 8 The application units' stamps/seals and the personnel in charge of signing the certificates must go through the registration procedures at the same time. The signers, as the legal representatives of the application units, shall keep proper stability. Any change or remove of them shall declare to the commodity inspection authorities in time.

  Article 9 The application units when applying for issuance of certificates must submit the application for GSP Certificates of Origin to the local commodity inspection authorities fill out the GSP Certificates of Origin, present the duplicate commercial invoices of export commodities as well as other necessary documents. If the products manufactured with some materials imported, the Cost Description of the Preference-giving products should be also provided.

  Article 10 The application units, in general, apply for issuance of certificates to the local commodity inspection authorities. If the issuance of certificates are required to be made at another place, the registration certificates/documents made by the local commodity inspection authority must be presented accordingly.

  Article 11 Commodities with foreign trade marks may be applied for issuance of certificates, if they meet the rules of products of origin. But such commodities are not permitted for labelling the characters of “made in Hong Kong”, “made in Taiwan”, “made in Macao” or made in some places outside China.

  Article 12 The application units shall make application with the commodity inspection authorities before shipping the goods. If the application units require the issuance of certificates after application, the documents which prove that goods have been shipped out must be submitted to the commodity inspection authorities.

  Article 13 If the certificates of origin issued are found loss or damage, the application units must make a written statement of reasons and provide the basis with the commodity inspection authorities. Application for reissuance of certificates may be made only the statement and basis are subject to examination and approval by the commodity inspection authorities and declaration for invalidity of the original certificates.

  Article 14 If the application units require to make some changes of the contents of the certificates issued, they must state the reasons for changes and present the relevant basis. New certificate may be reissued only after the reasons and basis related are subject to examination and approval and taking back the original certificates issued by the commodity inspection authorities.

  Article 15 If the application units apply for reissuance of certificates or for some changes of the contents of the certificates, they must go through the application procedures once more.

  Article 16 Any products which are shipped to the preference-giving countries via Hong Kong, with the GSP certification of origin issued by the commodity inspection authorities are required to issue the “non-processing certificates” by the preference-giving countries the application must go through application procedures against the above-mentioned documents in the China Inspection Co. Ltd. Hong Kong.

  Article 17 The application units must pay the fee for issuance of certificates and the fee for registration.

  Chapter III Filling out GSP Certificates of Origin

  Article 18 The GSP Certificates of Origin shall be filled out by the application units.

  Article 19 The unified form adopted by the United Nations Conference on Trade Development shall be used as GSP Certificates of Origin.

  Article 20 The signers of the application units are required to meet the following requirements:

  To have a better knowledge of name of commodity, code No., requirements for filling out GSP Certificates of Origin specified in the programme of GSP adopted by the preference- giving countries; to have a better knowledge of export preference-given commodities, especially the raw material composition of the commodities which including the ingredients of importation; to carry out the requirements of these Provisions and other relevant provisions conscientiously so as to maintain the GSP Certificates of Origin filled out truthful and accurate; to ensure the surface of certificate smooth and clear, no alteration can be made also.

  Article 21 The certificates shall be complete in English, or in French as required by the preference-giving countries.

  Chapter IV Issuance of Certificates

  Article 22 The commodity inspection authorities, upon receipt of the applications shall examine whether the documents, materials related are ready, the contents filled in are right, the characters are clear and the stamps, signature are not wrong or missing. No applications can be accepted, if they are found not in conformity with the requirements.

  Article 23 The certificate signers of the commodity inspection authorities must be well-trained and register with the competent authority of the preference-giving countries related.

  Article 24 The commodity inspection authorities after receipt of the formal applications, shall issue the certificates in 2 working days. Under some special conditions, the issuance of certificates may be dealt with as an urgent matter.

  Article 25 Each set of certificates only produces 1 original copy. The commodity inspection authorities shall not sign and put stamps on the duplicate copies.

  Chapter V Investigation

  Article 26 In order to ensure the truthfulness and accuracy of the GSP Certificates of Origin the commodity inspection authorities shall undertake the following investigations:

  (1) The commodity inspection authorities upon receipt of the applications for registration by the application units shall examine the written documents and check on the conditions for processing products materials;

  (2) Investigation in the issuance of certificate. The commodity inspection authorities, after receipt of the applications for issuing the GSP Certificates of Origin, shall examine the “Cost Description of the Preference-Giving Products with Import Contents” and make a site check on commodities with import contents;

  (3) Investigation after issuance of certificates. The commodity inspection authorities shall make non-periodic random inspection on commodities under the terms of the certificates issued.

  (4) Investigation by the preference-giving countries. The commodity inspection authorities, upon receipt of the enquiries for the returned certificates by the competent authorities of the preference-giving countries shall coordinate with the relative departments to make an examination and check on materials, parts and components' resources of products, the proportion of costs and processing conditions, and report the results to the competent authorities of the preference-giving countries within the prescribed period.

  Article 27 The relevant units which are investigated shall timely submit the relevant materials, verifications, and provide the necessary facilities for the investigation activities.

  Chapter VI Punishment

  Article 28 If the certificates result harmful effects by filling in mistaken or untruthful contents, the application units or personnel related shall, depending on the seriousness of the case, be given criticism or a circular of criticism, or be imposed a fine.

  Article 29 If the application units and personnel conceal the materials' resources of products or the import contents or fill in mistaken contents in the applications, falsify, remake certificate, or deliberately alter or add/delete the contents of the certificates, the personnel directly responsible shall, depending on the seriousness of the case be procecuted by applying in the light of the Provisions of Article 27 of the Commodity Inspection Law. If the case is minor, the personnel directly responsible shall be imposed a fine or given a circular of criticism by the commodity inspection authorities.

  Article 30 Criticism shall be given to those certificate signers whose actions have resulted in political influences or caused heavy economic losses by practicing the graft, even an investigation for criminal responsibility shall be taken on them in accordance with the Article 29 of the Commodity Inspection Law.

  Article 31 After the goods arrive at Hong Kong those who apply for the items of “non-reprocessing certificates” but really processed the commodities, or falsify, remake the “non-reprocessing certificates”, the China Inspection Co. Ltd., Hong Kong subject to the authorization of the State Administration of Commodity Inspection shall recall the GSP Certificates of Origin and stop to issue them the “non- reprocessing certificates”。

  Chapter VII Supplementary Provisions

  Article 32 The detailed rules shall be worked out by the State Administration of Commodity Inspection.

  Article 33 The State Administration of Commodity Inspection shall send a notice to the local commodity inspection authorities for implementing these Provisions. The State Administration of Commodity Inspection is responsible for interpreting these Provisions.

  Article 34 These Provisions shall come into effect of the date of promulgation. The Measures for Administration of Issuance of GSP Certificates of Origin of the State Administration of Commodity Inspection started implementation on December 1, 1982 shall be abolished at the same time.

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