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Measures of the Customs of the People's Republic of China for Management of Orig

[2009-03-20 11:10:36]



Article 12 In time of declaration of import of goods, the consignee of the goods shall fill in the Customs Declaration Form for Imported Goods of the People's Republic of China, represent that the tax rate agreed in Asia-Pacific Trade Agreement or preferential tax rate shall apply to the goods and meanwhile submit the following vouchers:

1. The original copy of certificate of origin (see Annex 2 for its format) issued by the agency designated by the government of member state of Asia-Pacific Trade Agreement in time of export of goods or within three (3) business days following the shipment of the goods.

In the event of failure to submit the certificate of origin within one (1) year after the date of issuance of the certificate of origin due to force majeure, the consignee of imported goods shall also submit the materials certifying the force majeure along with the certificate of origin.
2. The original copy of the invoices of the goods, packing lists and relevant shipment vouchers.

Where the goods are transported to China via other countries or regions, the consignee of the goods shall submit the combined bill of lading and original copy of the invoices of the goods issued by the member state as well as relevant documents certifying the compliance with the provisions of Article 11.2 hereof.

Where the consignee of imported goods neither represents that the goods are subject to the tax rate agreed in Asia-Pacific Trade Agreement or preferential tax rate nor submit the original copy of the certificate of origin issued by the agency designated by the government of member state of Asia-Pacific Trade Agreement in time of declaration of import of the goods, the goods shall not be subject to the tax rate agreed in Asia-Pacific Trade Agreement or preferential tax rate and the Customs shall calculate and collect tariff and import taxes according to the tax rate for most favored nation, ordinary tax rate or other tax rate.

Article 13 The certificate of origin of member state of Asia-Pacific Trade Agreement submitted to the Customs by the consignee of imported goods shall comply with all of the following conditions:

1. The certificate is issued in writing or electronically by the agency designated by the government of the member state;
2. The certificate is prepared and printed in the format listed in the Annex hereto, in A4 paper of international standards and in English;
3. The seal for the certificate of origin shall conform to the moulage of the seal that the member state advises China Customs of.

The certificate of origin may not be altered or overprinted and all blanks not filled in shall be crossed out lest filled in afterwards;

Article 14 The certificate of origin shall be effective within one (1) year after the date of issuance thereof.

Article 15 In the event of theft, loss or damage of certificate of origin, the consignee of imported goods may require the consignor of the goods to apply in writing to the original certificate issuance agency to issue the truthful copy of the confirmed original certificate of origin within the effective period of the original certificate of origin provided that the copy shall be noted with "confirmed truthful copy of the original certificate of origin" and the date of issuance of the original certificate of origin.
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