The original meaning of place of origin isOrigin, origin;Therefore, the origin of goods refers to the original source of goods or products, that is, the place of production of products.The origin of import and export commodities refers to entering as commoditiesinternational tradeOf goods in circulationsourceThat is, the place where the goods are produced, produced, manufactured or substantially changed.
Certificate of Originone billion nine hundred and fifty million seven hundred and ninety-nine thousand two hundred and fifty-two(CERTIFICATE OF ORIGIN)Notary InstitutionOr a certificate issued by the government or the exporter certifying the place of origin or manufacture of the goods.The certificate of origin is a valid certificate for the trade related parties to hand over goods, settle payments, claim settlement, customs clearance and acceptance of the importing country, and collect tariffsExporting countryEnjoy quota treatment, and the importing country applies different policies to different exporting countriestrade policyVoucher for.
stayInternational Trade PracticeWhich should be providedCertificate of origin, mainly according to the requirements of the contract or letter of credit.Generally, for implementationGSPAll national export goods are required to be issuedGSP Certificate of OriginClear book.If the credit does not specify the issuer of the certificate of origin, the bank should accept any kind of certificate of origin.
Export trade International trade GSP for foreign trade commodity certificates
Article 1 In order to correctly determineImport and export goodsThese Regulations are formulated to effectively implement various trade measures and promote the development of foreign trade.
Article 2 These Regulations are applicable to the implementationMost favored nation treatment, anti-dumping and countervailingSafeguard measuresManagement of origin mark, countryQuantity limit、Tariff quotaAnd other non preferential trade measures, as well as government procurement, trade statistics and other activities to determine the origin of imported and exported goods.
These Regulations are not applicable to the determination of the origin of import and export goods by implementing preferential trade measures.Specific measures shall be formulated separately 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 For goods obtained entirely in one country (region), that country (region) shall be the origin;Goods produced by more than two countries (regions) for final completionSubstantiveThe changed country (region) is the origin.
Article 4 The goods obtained entirely in one country (region) mentioned in Article 3 of these Regulations refer to:
（1） Live animals born and raised in the country (region);
（2） Animals captured, caught and collected in the wild of the country (region);
（3） Unprocessed articles obtained from live animals in the country (region);
（4） Plants harvested in the country (region) andPlant products；
（5） Minerals mined in the country (region);
（6） Other naturally generated articles obtained in the country (region) other than those in Items (1) to (5) of this Article;
（7） In this country (region)Production processThe waste and scrap produced in can only be discarded or recycled as materials;
（8） Articles collected in the country (region) that cannot be repaired or repaired, or parts or materials recovered from the articles;
（9） By a ship lawfully flying that flagterritorial watersMarine catch and other articles obtained from offshore waters;
（10） Products obtained by processing the articles listed in Item (9) of this Article on the processing ship that legally flies the national flag;
（11） Having exclusive mining rights from outside the territorial sea of that countryseabedOr articles obtained from seabed subsoil;
（12） Products produced in the country (region) completely from the articles listed in Items (1) to (11) of this Article.
Article 5 When determining whether the goods are completely obtained in a country (region), the following minor processing or treatment shall not be considered:
（1） Processing or treatment for preserving goods during transportation and storage;
（2） Processing or treatment of goods to facilitate loading and unloading;
（3） Packaging and other processing or treatment for the sale of goods.
Article 6 The criteria for determining substantive changes as prescribed in Article 3 of these Regulations shall beTariffClassification changed to the basic standard;If the change in the classification of tax rules cannot reflect the substantive changeAd valorempercentage, manufacturing or processing procedures are supplementary standards.The specific standards shall be determined by the General Administration of Customs in conjunction with the Ministry of Commerce and the StateQuality supervisionPrepared by the General Administration of Inspection and Quarantine.
The term "change in tariff classification" as mentioned in the first paragraph of this Article refers to the fact that after the manufacturing and processing of materials not originating in that country (region) in a certain country (region)《Import and export tariff of the People's Republic of China》Intermediatetax itemThe classification has changed.
The ad valorem percentage referred to in the first paragraph of this Article refers to a certain percentage of the value added after the manufacturing and processing of materials not originating in the country (region) exceeds the value of the goods obtained.
The manufacturing or processing process referred to in the first paragraph of this Article refers to the main process in a country (region) that gives the basic characteristics of the goods obtained after manufacturing or processing.
World Trade OrganizationBefore the implementation of the Harmonized Non preferential Rules of Origin, the specific criteria for determining the substantial change of the origin of import and export goods shall be separately formulated by the General Administration of Customs, the Ministry of Commerce and the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China according to the actual situation.
Article 7 The origin of the energy, plant, equipment, machinery and tools used in the production of the goods, as well as the origin of the 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 AttachedImport and export of goodsPackaging, packaging materials and containers《Import and export tariff of the People's Republic of China》The origin of the packaging, packaging materials and containers shall not affect the determination of the origin of the loaded goods if they are classified together with the goods in China;The origin of the packaging, packaging materials and containers is no longer determined separately. The origin of the goods is the origin of the packaging, 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 Accessories, spare parts, tools and introductions accompanying the import and export of goods according to the types and quantities normally providedIllustrativeInformation, if 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 introductory materials does not affect the determination of the origin of the goods;The origin of the accessories, spare parts, tools and introductory materials is no longer determined separately. The origin of the goods is the origin of the accessories, spare parts, tools and introductory materials.
Accessories, spare parts, tools and descriptive materials accompanying the import and export of goods can be found at《Import and export tariff of the People's Republic of China》If the goods are classified together with the goods, but exceed the types and quantities normally equipped, or are not classified together with the goods in the Import and Export Tariff of the People's Republic of China, the place of origin of the accessories, spare parts, tools and introductory materials shall be determined in accordance with the provisions of these Regulations.
Article 10 If any processing or treatment of goods is conducted 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 or treatment when determining the origin of the goods.
Article 11Imported goodsThe consignee of《Customs Law of the People's Republic of China》And relevant regulations, when going through the customs declaration formalities for imported goods, the country of origin of imported goods shall be declared truthfully in accordance with the criteria for determining the country of origin specified in these Regulations;withA batch of goodsIn case of different places of origin, the countries of 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 determination decision on the origin of the goods to be imported;The applicant shall provide the customs with the materials necessary for making the pre determination decision of origin in accordance with the provisions.
The customs shall, within 150 days from the date of receipt of the written application for pre determination of origin and all necessary information, make a pre determination decision on the origin of the imported goods in accordance with the provisions of these Regulations, and publish it to the public.
Article 13 After receiving the declaration, the customs shall examine and determine the origin of the imported goods in accordance with the provisions of these Regulations.
If the goods that have made the pre determination of origin are actually imported within 3 years from the date of the pre determination of origin, the customs will not re determine the origin of the imported goods if the goods actually imported are consistent with the goods described in the pre determination of origin after verification by the customs, and the criteria for determining the origin specified in these Regulations have not changed;If the goods actually imported by the customs are inconsistent with the goods described in the pre determination decision after verification, the customs shall re verify 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 submitCertificate of OriginAnd shall be verified;If necessary, it may request the relevant authorities of the country (region) where the goods are exported to verify the origin of the goods.
The same administrative ruling shall apply to the import of identical goods.
Article 16 The State shall administer the marks of origin.Goods or their packagingSuperscriptWhere there is a mark of origin, the country of origin indicated by the mark of origin shall be consistent with the country of origin determined in accordance with these Regulations.
Article 17 The consignor of export goods may apply to the local entry-exit inspection and quarantine institutions under the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China, the China Council for the Promotion of International Trade and its local branches (hereinafter referred to as the visa agencies) for the certificate of origin of export goods.
Article 18 The consignor of export goods applies for receiving export goodsCertificate of Origin, should be handled at the visa agencyRegistrationFormalities, truthfully declare the origin of export goods in accordance with the provisions, and provide the visa authority with the information necessary for issuing the certificate of origin of export goods.
Article 19 After accepting the application of the consignor of export goods, the certification authority shall examine and determine the origin of export goods in accordance with the provisions, and issue the certificate of origin of export goods;For export goods that do not originate in the People's Republic of China, they shall refuse to issue certificates of origin for export goods.
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 export goods, the customs and visa authorities can verify the origin of export goods and timely feed back the verification to the relevant authorities of the importing country (region).
Article 21 The customs and visa agencies shall keep confidential the materials and information used to determine the origin of goods, except those that can be provided according to relevant regulations or with the permission of the unit or individual that provides the materials and information.
Article 23 Providing false materials to defraud export goodsCertificate of OriginOr those who forge, alter, buy, sell or steal the certificate of origin of export goods shall be fined not less than 5000 yuan but not more than 100000 yuan by the entry-exit inspection and quarantine institution and the customs;Act of defrauding, forging, altering, buying, selling or stealingCustoms clearanceCertificate of origin of export goodsValue amountIf the value of goods is less than 5000 yuan, a fine of 5000 yuan will be imposed.yesIllegal incomeEntry exit inspection and quarantine institutions and customsConfiscation of illegal income。If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 24 Where the mark of origin of imported goods is inconsistent with the origin determined in accordance with these Regulations, the customs shallOrder correction。
Where the mark of origin of export goods is inconsistent with the origin determined in accordance with these Regulationscustoms、Entry-Exit Inspection and Quarantine The institution shall order correction.
Article 25 Any staff member who determines the origin of import and export goods in violation of the procedures prescribed in these Regulations to determine the origin, or divulges the business 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;The illegal gains, if any, shall be confiscated;If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 26 The meanings of the following terms in these Regulations:
Acquisition means catching, fishing, collecting, harvesting, digging, processing or production.
The term "origin of goods" refers to the country (region) that obtains a certain goods as determined in accordance with these Regulations.
Certificate of Origin, indicating the basis of the exporting country (region)Rules of originAnd the written documents that are required to be issued and clearly indicate that the goods listed in the certificate originate from a specific country (region).
The term "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 come into force as of January 1, 2005.Issued by the State Council on March 8, 1992《Rules of the People's Republic of China on Place of Origin of Export Goods》The Interim Provisions of the Customs of the People's Republic of China on the Origin of Imported Goods issued by the General Administration of Customs on December 6, 1986 shall be repealed at the same time
Article 2 These Provisions are applicable to the certification and management of origin marks such as application, review and registration of origin marks.
Article 4 The origin mark referred to in these Provisions includes the country of origin mark andgeographical indication。The origin mark is an integral part of the origin work.
The country of origin mark refers to the marks, labels, signs, words, patterns and various certificates related to the origin of a product or service that are used to indicate that the product or service originates from a certain country or region.
Geographical indication refers to the geographical name of a country, region or specific place, which is used to indicate that a product comes from that place, and the quality characteristics of the product are completely or mainly dependent on that placegeographical environment、natural condition, cultural background and other factors.
Article 5 The scope of use of the mark of origin includes:
（1） Marked with“made in China/Products with the words "production";
（2） Famous, special products and traditionalHandicrafts;
（3） Products applying for certification mark of origin;
（4） Goods involving safety, health, environmental protection and anti fraud;
（5） Related to the mark of originservice tradeAnd goods purchased by the government;
（6） According to national regulations, the products of the origin must be marked.
Article 6 The inspection and quarantine authority shall register the origin markCertification system。
Article 7 The registration of origin marks shall adhere to the principle of voluntary application, and the origin marks can be protected only after being registered.
Inbound products involving safety, health, environmental protection and anti fraud, as well as inbound and outbound products or services requiring the use of origin marks in accordance with Chinese laws, regulations, bilateral agreements and other provisions, shall be handled in accordance with the relevant provisions.
Article 8 The mark of origin approved and registered by the State Administration of Inspection and Quarantine is the certification mark of origin. The State Administration of Inspection and Quarantine regularly publishes the Catalogue of Protected Products with Marks of Origin to facilitate the inspection, quarantine and release of products that have been included in the protection.InspectedInspection agencyAll kinds of signs and labels that have been marked with the country of origin can be regarded as the country of origin, and those that have not been marked with the country of origin shall be handled in accordance with the relevant provisions of these Provisions.
Article 9 The products or services that have obtained the certification and registration of origin mark may use the certification mark of origin, which includes patterns, certificates or other forms recognized by the State Administration of Inspection and Quarantine.
Article 10 The principles of fairness, impartiality and openness shall be adhered to in the review and determination of origin marks.
Chapter II Application, Review, Registration and Use of Marks of Origin
Article 11 Applicants for marks of origin include domestic and foreign organizations, groupsProduction and operationEnterprises or natural persons.
Article 12 To apply for the registration of the mark of origin of exit goods, the applicant shall apply to the local inspection and quarantine authority and submit relevant materials.
In case of application for registration of origin mark of entry goods, the applicant shall apply to the State Administration of Inspection and Quarantine and submit relevant materials.
Article 13 After accepting the application for registration of origin marks, the inspection and quarantine institution shall organize the review according to relevant procedures.If the products meet the conditions after review, the State Administration of Inspection and Quarantine shall approve the registration and regularly release the protected products with marks of origin
Article 14 Export goods marked with "Made in China" or "Made in China" must meet the following standards:
（1） Complete original products obtained in China;
（2） ContainsImported ingredientsMust meet the requirements of the Rules of the People's Republic of China on the Origin of Export Goods, and obtain the qualification of Chinese origin.
Chapter III Protection and Supervision of Origin Marks
SectionfifteenArticle The State Administration for Inspection and Quarantine maySocial groupsFor suggestions on the protection of products marked with origin, organize competent industry departmentsIndustry AssociationProducer representatives and relevant experts shall review, and those meeting the requirements shall be listed in the Catalogue of Protected Products Marked with Origin.
Article 16 The products, services and their production and operation enterprises that have obtained the certification mark of origin shall be subject to the inspection and quarantine authority'sSupervision and inspection。
Article 17 The use of origin marks in violation of these Provisions shall be investigated according to lawlegal responsibility。
Article 18 Personnel engaged in the work of marking the place of origin abuse their power, engage in malpractices for personal gain, and disclosetrade secretOfAdministrative sanction;If a crime is constitutedgive criminal sanctions。
Article 19 In case of any discrepancy or disagreement on the application acceptance, review and certification, registration, use identification and management of the origin mark, the applicant may apply for reexamination to the local inspection and quarantine institution or the State Administration of Inspection and Quarantine.
Chapter IV Supplementary Provisions
Article 20 The inspection and quarantine institutions shall charge fees for handling the country of origin marks according to relevant regulations.
SectionArticle 21The State Inspection and Quarantine Bureau shall formulate implementation measures in accordance with these Provisions.
Article 22 The State Inspection and Quarantine Bureau is responsible for the interpretation of these Measures.
Article 23 These Provisions shall come into force as of April 1, 2001.
