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中华人民共和国海关关于执行《中华人民共和国给予非洲最不发达国家特别优惠关税待遇的货物原产地规则》的规定 Order of the General Administration of Customs o

2009-03-24 法律英语 来源:互联网 作者:
reen.

  Article 13 When goods are imported, the consignee of imported goods shall offer the original certificate of origin and the second duplicate to the entry customs. The second duplicate shall be prepared for the verification where the Customs of the People's Republic of China considers necessary. The third duplicate shall be kept by the issuing authority of the exporting country. The fourth duplicate shall be kept by the exporter.

  Article 14 When the goods under the special preferential treatments are exported, the customs of the exporting country shall sign and affix its seal to the certificate of origin after it ascertains that the documents conform to the goods. When declaring the imported goods, the consignee shall, on its own initiative, declare to the customs that the relevant goods are under the special preferential tariff and shall submit the certificate of origin bearing the seal of the customs of the exporting country. The entry customs shall permit the imported goods to enjoy the special preferential tariff upon check of the valid certificate of origin.

  Article 15 When throwing doubt upon the authenticity of the certificate of origin, the General Administration of Customs of the People's Republic of China or its authorized organ may, via the economic and commercial counselor's office of the embassy or consulate of China based in the corresponding beneficiary country, require the customs of the beneficiary country or the original issuing authority of the certificate of origin to conduct verification, and to give it a reply within 90 days as of the receipt of the verification request. If the customs of the beneficiary country or the original issuing authority of the certificate of origin fails to give a reply within 90 days, the goods may not enjoy the special preferential tariff treatments. If necessary, the customs of China may assign some workers to conduct first-hand investigation upon consent of the counterpart country.

  During the period of waiting for the result of verification of the certificate of origin by the beneficiary country, the entry customs may, at the request of th

e consignee of imported goods, release the goods after it charges a sum of security equivalent to the amount of tariff calculated according to the most-favored nation rate of duty applicable to the goods, and it shall handle the entry formalities in accordance with the relevant provisions and collect the corresponding customs statistics. After the customs of the exporting country or the issuing authority of the certificate of origin completes the verification, the entry customs shall, according to the verification result, promptly handle the formalities for refunding the security or converting the security to the import tariff, and correct the relevant statistic data accordingly.

  Article 16 Definitions of the following terms as mentioned in the present Provisions:

  The “materials” shall include components, spare parts, constituent parts, semi-assembly and / or products that have actually constituted part of another product or has been used in the production process of another product.

  The “production” refers to the ways of obtaining products, namely, planting, exploiting, harvesting, raising, breeding, extracting, collecting, gathering, capturing, fishing, entrapping, hunting, manufacturing, producing, processing or assembling products.

  The “customs ports of China” refer to the ports within the area to which the Customs Law of the People's Republic of China applies.

  Article 17 Anyone who violates the present Provisions shall be punished in accordance with the Customs Law of the People's Republic of China, Regulation on the Implementation of the Administrative Punishments of the Customs of People's Republic of China and other relevant laws and administrative regulations. If any crime is constituted, he shall be prosecuted for the criminal liabilities according to law.

  Article 18 The power to interpret the present Provisions shall be vested in the General Administration of Customs of the People's Republic of China.

  Article 19 The present Provisions shall go into effect as of January 1, 2005.

  Annexes:

  1. Name List of the African Beneficiary Countries

  2. Authorities Issuing Certificates of Origin of the “Beneficiary Countries”

  3. Format of Origin of Certificates (Omitted)

  htm/e03830.htm

  Annex 1:

  Name List of the African beneficiary Countries

  The “beneficiary countries” refer to the African least-developed countries that have completed the procedures for exchanging the documents on the special preferential tariff treatments with China, which include: Benin, Burundi, Cape Verde, Central African, Comoros, Democratic Republic of Congo, Djibouti, Eritrea, Ethiopia, Guinea, Guinea-Bissau, Lesotho, Liberia, Madagascar, Mali, Mauritania, Mozambique, Niger, Rwanda, Sierra Leone, Sudan, Tanzania, Togo, Uganda and Zambia.

  Annex 2:

  Authorities Issuing Certificates of Origin of the “beneficiary Countries”

  Serial Number

  Country

  Issuing Authority

  1

  Benin

  Pending

  2

  Burundi

  Ministry of Commerce and Industry, Ministry of Finance

  3

  Cape Verde

  Customs

  4

  Central African

  Ministry of Planning, Economy and International Cooperation

  5

  Comoros

  Pending

  6

  Democratic Republic of Congo

  Pending

  7

  Djibouti

  Deputy Director's Office of the Indirect Taxation Bureau of the Ministry of Economy, Finance, Planning and Privatization

  8

  Eritrea

  Foreign Trade Department of the Ministry of Trade and Industry

  9

  Ethiopia

  Customs

  10

  Guinea

  Ministry of Medium and Small Enterprises, Center for Handling Export Procedures

  11

  Guinea-Bissau

  Pending

  12

>

  Lesotho

  Lesotho Revenue Authority

  13

  Liberia

  Ministry of Commerce and Industry

  14

  Madagascar

  Ministry of Industry and Trade

  15

  Mali

  Pending

  16

  Mauritania

  Pending

  17

  Mozambique

  Customs

  18

  Niger

  Chamber of Commerce

  19

  Rwanda

  Rwanda Revenue Authority

  20

  Sierra Leone

  National Revenue Authority (including the customs subordinate to it), Chamber of Commerce

  21

  Sudan

  Chamber of Commerce, Ministry of Foreign Trade

  22

  Tanzania

  Tanzania Revenue Authority (the customs subordinate to it), Chamber of Commerce

  23

  Togo

  Ministry of Industry, Commerce, Transportation and Bonded Areas

  24

  Uganda

  Trade Promotion Commission

  25

  Zambia

  Zambia Revenue Authority (the customs subordinate to it

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