中华人民共和国海关关于执行《中华人民共和国与东南亚国家联盟全面经济合作框架协议》项下《中国－东盟自由贸易区原产地规则》的规定 Decree of the Customs General Adminis

n.

　　Article 15 The certificate of origin of the goods imported from of an ASEAN country shall， within 4 months as of the day of issuing by the relevant government agency of the ASEAN country， be submitted to the customs within China where the customs declaration is made.

　　Where the import goods are transported through any non-member state of the Free Trade Zone according to Paragraph 2 of Article 10 of the present Provisions， the time limit for submission of the certificate of origin of those goods will be extended to 6 months.

　　Where the consignee of the import goods fails to submit the certificate of origin within the above-mentioned time limit because of force majeure or any other justified reasons， the customs where the declaration is made may accept the certificate upon examination.

　　Where the import goods have been actually imported within the period prescribed in Paragraphs 1 and 2 of this Article， the time limit for submission of the certificate of origin may not be restricted by the provisions of Paragraphs 1 and 2.

　　Article 16 Where the customs where the declaration is made has any doubt over the validity of the contents of the certificate of origin， it may request the relevant government agency of the ASEAN country to verify the certificate of origin， and the agency receiving the request shall make a reply within 6 months. During the verification period before any result comes out， the customs where the declaration is made may release the goods after collecting a cash deposit of the same value as the amount of the taxes payable at the rate applied to those goods as if not under the Agreement， handle the import formalities and do the customs statistics. After the verification is finished， the customs where the declaration is made shall， in accordance with the result of the verification， immediately refund the cash deposit or change the cash deposit into import tariff， and modify the customs statistics data correspondingly.

　　Where the import goods are those prohibited or restricted by the State from importing， or where any suspect of illegal offence is involved， the customs may

not release the goods before the verification of the certificate of origin is finished.

　　Article 17 The customs shall keep confidential the materials exchanged with the ASEAN countries for verification of the certificates of origin， other than the customs import and export trade statistic data.

　　Article 18 Where， after the goods imported from an ASEAN country are declared for customs clearance but before the customs grants the clearance， the destination of those goods is changed and the goods need to be transported to another country， the consignee shall file a written application with the customs.

　　The customs shall indicate and confirm the change of the destination of the goods on the certificate of origin before returning the original certificate to the consignee of the import goods and returning the third page of the certificate to the issuing agency.

　　Article 19 Where the products with the origin of any ASEAN country are transported to another ASEAN country or China for exhibition， and are sold to China during or after the exhibition， and if the following conditions are met simultaneously， the China-ASEAN conventional tariff may be applied：

　　1） The exporter has transported the products from the exporting ASEAN country to the ASEAN country where the exhibition is held and the goods have actually been exhibited in that country；

　　2） The exporter has transferred the goods to the consignee within China； and

　　3） The conditions of the products that are sold into China during or after the exhibition are consistent with their conditions at the exhibition.

　　Where the exhibition products meeting the preceding paragraph are declared for import， the consignee shall submit to the customs the certificate of origin of the exporting ASEAN country， and shall simultaneously provide the certificate specifying the name and address of the exhibition issued by the relevant government agency of the country where the exhibition is held， as well as the relevant certificates meeting Paragraph 2 of Article 10 of the present Provisions.

　　The term “exhibition” as used in this Article shall include the business， agricultural， and handcraft industry exhibitions or trade fairs especially held for the sale of foreign products， as well as the similar exhibitions or displays held in shops and business places. The products shall be subject to customs control during the exhibition.

　　Article 20 The following terms as used in the present Provisions refer to：

　　1） The term “ASEAN countries” refers to the other member states signed the Agreement jointly with China， namely Brunei Darussalam， Kingdom of Cambodia， the Republic of Indonesia， the Lao People's Democratic Republic， Malaysia， the Union of Burma， the Republic of the Philippines， the Republic of Singapore， the Kingdom of Thailand， and the Socialist Republic of Viet Nam.

　　2） The term “Materials” shall include constituents， accessories， components， semi-assembled parts， and the products that actually constitute a part of another product or are used in the production of another product.

　　3） The term “Goods of origin” refers to the products that are determined to be in conformity with the conditions for origin in accordance with Article 3.

　　4） The term “Production” refers to the method of obtaining a product， including planting， exploiting， harvesting， breeding， reproducing， extracting， collecting， gathering， seizing， fishing， trapping， hunting， manufacturing， producing， processing and assembling.

　　5） The term “Plants” refers to all the plants such as fruits， flowers， vegetables， trees， algae， epiphytes， and live plants， etc.

　　6） The term “Animals” refers to all the animals such as mammals， birds， fishes， carapaces， mollusks， reptiles， bacteria， and virus， etc.

　　7） The term “Discarded or waste materials” refers to the all the discarded and waste machines， packa

ges， and materials， etc.， that are generated in the course of processing， manufacturing and consuming in industrial， mining， agricultural， construction， smelting， and sewage disposal industries.

　　8） The term “Standards of the special origin of products” refers to the rules of change of tax code of the prescribed materials， specific processing or manufacturing operation of those materials， satisfaction of a certain standard of ad valorem percentage， or a combination of the above-mentioned standards.

　　Article 21 The customs shall deal with any act in violation of the present Provisions in accordance with the Customs Law of the People's Republic of China and the Detailed Rules for the Implementation of the Administrative Punishment for the Customs Law of the People's Republic of China. If a crime has been constituted， the offender shall be subject to criminal liabilities according to law.

　　Article 22 The responsibility to interpret the present Provisions shall remain with the Customs General Administration.

　　Article 23 The present Provisions shall be implemented as of January 1st， 2004

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