GACC Announcement No.66 of 2015 on China-Australia FTA Special Safeguard agst Agricultural Products to China
[2015-12-24 11:41:45]
In accordance with China-Australia Free Trade Agreement (FTA), China will implement special safeguard measures against some agricultural products from Australia, i.e. when the agricultural products are imported more than prescribed triggering level, China may impose special safeguard thereon by means of additional duty.
Hereby announced are the matters concerning the safeguard implementation:
1. The agricultural products involved in the special safeguard are subject to 8 HS Codes in 2 categories (see Annex 1 for the List of Classification for Special Safeguard-Involved Agricultural Products).
The List of Classification is provided with simplified commodity descriptions in consistency with the scopes of corresponding HS Codes in China Import & Export Tariff of 2015.
2. China Customs will, in the principle of "first come, first served", determine duty rates for inbound agricultural products from Australia. Unless regulated otherwise, when certain agricultural product is imported more than safeguard triggering level, the GACC will immediately announce implementation of the special safeguard and levy duties on excess of the import at Most-Favored-Nation duty rates.
3. The importers shall make out Customs Declaration for Import as required by GACC. In the Import Declaration, "Accompanying Document Code" column shall be filled with "Y", and "Accompanying Document Number" column shall be filled with "<18:number of commodity items needing documents>". Besides, the importers shall submit Certificate of Origin as per relevant administrative measures on country of origin under the FTA (as in GACC Decree No.228).
Where being appropriate and compliant, the importers may apply for FTA conventional duties.
4. In accordance with the FTA, as regards in-transit products contracted and dispatched to China before implementation of the special safeguard, if they are declared for import after the implementation thereof, the importers may apply for conventional duties as per articles 5 and 6 below. Therein, as regards the in-transit products dispatched from Australia before the FTA effective date, the importers shall apply for conventional duties before/on 20 May 2016.
5. As regards in-transit products, the importers shall, upon their import declaration, make application for FTA conventional duties and meanwhile submit required documents as follow:
(1) Bills of lading, invoices, packing lists, contracts;
(2) Certificate of Origin as regulated by GACC Decree No.228;
(3) Documents to prove the departure time of transport facilities;
(4) Other documents required by the Customs
Both originals and copies shall be presented and the copies shall remain with the Customs.
6. The Customs on import site shall, within 10 workdays upon receipt of the importer application, decide whether to approve offering the conventional duties. Regarding the applicable products, the Customs shall issue Certificate of Conventional Duty Applicability to In-Transit Agricultural Products (see Annex 2); regarding the inapplicable products, the Customs will not issue such Certificate.
The Certificate aforesaid is in duplicate, one kept by the Customs and the other kept by the importers for clearance.
7. As regards in-transit agricultural products covered by the conventional duties, their Import Declaration "Levy/Exemption Nature" column shall be filled with "997" (or "101" for pre-declaration), "Levy/Exemption" column shall be filled with "special case", and accompanying documents shall be filled differently from article 3 regulations. The Customs will examine documents submitted by the importers and, as in "special case" mode, manually input conventional duty rates for duty calculation.
If the in-transit products are not covered by the conventional duties, their Import Declaration "Levy/Exemption Nature" column shall be filled with "101" and "Levy/Exemption" column be filled with "taxation as regulated".
8. Where covered by the conventional duties, the import quantity of an in-transit product in the year may be counted into its import quantity for the next calendar year.
9. The GACC will monitor the import quantity of the involved agricultural products (in time interval as monthly) and sum up their import quantities after electronic examination, and announce relevant information over the website www.customs.gov.cn. When the import quantity gets close to certain year’s safeguard triggering level, the GACC will temporarily make relevant announcement.
10. This Announcement shall be interpreted by the GACC.
11. This Announcement shall enter into force on 20 December 2015.
Annex 1. List of Classification for Special Safeguard-Involved Agricultural Products Under China-Australia FTA
Annex 2. Certificate of Conventional Duty Applicability to In-Transit Agricultural Products (omitted)
General Administration of Customs of China (GACC)
December 18, 2015
Hereby announced are the matters concerning the safeguard implementation:
1. The agricultural products involved in the special safeguard are subject to 8 HS Codes in 2 categories (see Annex 1 for the List of Classification for Special Safeguard-Involved Agricultural Products).
The List of Classification is provided with simplified commodity descriptions in consistency with the scopes of corresponding HS Codes in China Import & Export Tariff of 2015.
2. China Customs will, in the principle of "first come, first served", determine duty rates for inbound agricultural products from Australia. Unless regulated otherwise, when certain agricultural product is imported more than safeguard triggering level, the GACC will immediately announce implementation of the special safeguard and levy duties on excess of the import at Most-Favored-Nation duty rates.
3. The importers shall make out Customs Declaration for Import as required by GACC. In the Import Declaration, "Accompanying Document Code" column shall be filled with "Y", and "Accompanying Document Number" column shall be filled with "<18:number of commodity items needing documents>". Besides, the importers shall submit Certificate of Origin as per relevant administrative measures on country of origin under the FTA (as in GACC Decree No.228).
Where being appropriate and compliant, the importers may apply for FTA conventional duties.
4. In accordance with the FTA, as regards in-transit products contracted and dispatched to China before implementation of the special safeguard, if they are declared for import after the implementation thereof, the importers may apply for conventional duties as per articles 5 and 6 below. Therein, as regards the in-transit products dispatched from Australia before the FTA effective date, the importers shall apply for conventional duties before/on 20 May 2016.
5. As regards in-transit products, the importers shall, upon their import declaration, make application for FTA conventional duties and meanwhile submit required documents as follow:
(1) Bills of lading, invoices, packing lists, contracts;
(2) Certificate of Origin as regulated by GACC Decree No.228;
(3) Documents to prove the departure time of transport facilities;
(4) Other documents required by the Customs
Both originals and copies shall be presented and the copies shall remain with the Customs.
6. The Customs on import site shall, within 10 workdays upon receipt of the importer application, decide whether to approve offering the conventional duties. Regarding the applicable products, the Customs shall issue Certificate of Conventional Duty Applicability to In-Transit Agricultural Products (see Annex 2); regarding the inapplicable products, the Customs will not issue such Certificate.
The Certificate aforesaid is in duplicate, one kept by the Customs and the other kept by the importers for clearance.
7. As regards in-transit agricultural products covered by the conventional duties, their Import Declaration "Levy/Exemption Nature" column shall be filled with "997" (or "101" for pre-declaration), "Levy/Exemption" column shall be filled with "special case", and accompanying documents shall be filled differently from article 3 regulations. The Customs will examine documents submitted by the importers and, as in "special case" mode, manually input conventional duty rates for duty calculation.
If the in-transit products are not covered by the conventional duties, their Import Declaration "Levy/Exemption Nature" column shall be filled with "101" and "Levy/Exemption" column be filled with "taxation as regulated".
8. Where covered by the conventional duties, the import quantity of an in-transit product in the year may be counted into its import quantity for the next calendar year.
9. The GACC will monitor the import quantity of the involved agricultural products (in time interval as monthly) and sum up their import quantities after electronic examination, and announce relevant information over the website www.customs.gov.cn. When the import quantity gets close to certain year’s safeguard triggering level, the GACC will temporarily make relevant announcement.
10. This Announcement shall be interpreted by the GACC.
11. This Announcement shall enter into force on 20 December 2015.
Annex 1. List of Classification for Special Safeguard-Involved Agricultural Products Under China-Australia FTA
Annex 2. Certificate of Conventional Duty Applicability to In-Transit Agricultural Products (omitted)
General Administration of Customs of China (GACC)
December 18, 2015
Source: GACC
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