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中华人民共和国出口货物原产地规则 Rules of the People's Republic of China on the Origin of Export Goods

2006-05-17 14:18   我要纠错 | 打印 | 收藏 | | |

(Promulgated on March 8, 1992)
颁布日期:19920501  实施日期:19920501  颁布单位:对外经济贸易部

  Article 1 The Rules are formulated in order to strengthen the management of the origin of export goods and promote the development of foreign economy and trade.

  Article 2 The certificate of origin for export goods (hereinafter referred to as certificate of origin) of the People's Republic of China is a document to certify that the relevant export goods are made or produced in the People's Republic of China.

  Article 3 The State Department in charge of foreign economic relations and trade exercises the unified supervision and management of the origin of export goods in the whole country.

  The foreign economy and trade departments of the people's governments of provinces, autonomous regions and cities under the direct administration of the Central Government are responsible for coordinating the work concerning the origin of export goods in their own administrative regions.

  Article 4 The State Administration for import and export commodities inspection and its branches in various localities, the China Council for the Promotion of International Trade and its branches and other organizations authorized by the State Department in charge of foreign economic relations and trade are responsible for signing and issuing certificates of origin according to the regulations formulated by the State 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 and enjoying the rights to conduct foreign trade, enterprises engaging in processing with supplied materials or samples, and assembling with supplied parts or in compensation trade, and foreign-funded enterprises may apply for certificates of origin with the organizations authorized to sign and issue certificates of origin as specified in Article 4.

  Article 6 The origin of export goods is in the People's Republic of China if the export goods meet one of the following criteria:

  (1) Products made or manufactured fully in the People's Republic of China, including:

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

  2) plants and their products harvested or collected within the territory of the People's Republic of China;

  3) animals and their products multiplied or bred within the territory of the People's Republic of China;

  4) products obtained from hunting or fishing within the territory of the People's Republic of China;

  5) the aquatic and other products or their processed products obtained from the sea by ships or other means of the People's Republic of China;

  6) wastes and waste materials recycled in the course of production and processing within the territory of the People's Republic of China and other discarded and waste materials collected within the territory of the People's Republic of China;

  7) products made or processed fully from the above-mentioned products and other non-import raw materials within the territory of the People's Republic of China.

  (2) Products containing imported materials or spare parts finished or processed mainly within the territory of the People's Republic of China, thus making substantial alterations in the appearance, nature, state or purposes of the imported materials or spare parts. The list of procedures of manufacture and process shall be formulated and adjusted by the State Department in charge of foreign economic relations and trade in consultation with departments concerned of the State Council according to the principle of taking the manufacturing and processing procedured as the main body supplemented by the proportion of composition.

  Article 7 The export goods for which the certificates of origin are applied and issued should meet the criteria of the place of origin. Certificate issuing organ shall refuse to sign and issue certificates of origin to goods that not meet the required criteria.

  Article 8 The procedures for applying for the issuing certificates of origin shall be worked out by the State Department in charge of foreign economic relations and trade.

  Article 9 The State Department in charge of foreign economic relations and trade shall, in accordance with the proposals submitted by the departments in charge of foreign economic relations and trade of the people's governments of various provinces, autonomous regions and cities under the direct administration of the Central Government, make out punishments, including circulated criticism, suspending or even revoking the certificates of origin to enterprises, which commit one of the following actions in violation of the provisions of the Rules:

  (1) provide fake materials to obtain certificates of origin by cheating;

  (2) forge or alter the certificates of origin; and

  (3) illegally assign the certificates of origin.

  The person or persons in charge of the enterprise and those directly responsible for the aforesaid actions shall be given administrative punishments and if the cases are serious enough to form a crime, the criminal responsibility shall be affixed.

  Article 10 If the certificate signing and issuing organizations sign and issue or refuse to issue certificates of origin in violation of the provisions of the Rules, the State Department in charge of foreign economic relations and trade shall, on its own or according to the proposals of the departments in charge of foreign economy and trade of the people's governments of various provinces, autonomous regions and cities under the direct administration of the Central Government, give them criticism or suspend their rights to sign and issue certificates of origin.

  Personnel of certificate signing and issuing organizations who try to seek personal gains by resorting to cheating or abusing their power or committing dereliction of duty shall be given administrative punishments and if the cases are serious enough to form a crime, the criminal responsibilities shall be affixed.

  Article 11 The issuing of certificate of origin under the generalized preferential system shall be handled according to the rules of origin of the countries giving preferential treatment.

  If there are special provisions on the issuing of the certificates of origin in the bilateral agreements signed by the government of the People's Republic of China with foreign governments, the provisions of the agreements shall be followed.

  Article 12 The State Department in charge of foreign economic relations and trade shall formulate measures for implementation according to the provisions of the Rules.

  Article 13 The right of interpretation of the Rules rests with the State Department in charge of foreign economic relations and trade.

  Article 14 The Rules shall come into effect from May 1, 1992.

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