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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 1 These measures are hereby formulated in accordance with the Customs Law of the People's Republic of China (hereinafter the "Customs Law"), the Regulations of the People's Republic of China on Origins of Import and Export Goods and Asia-Pacific Trade Agreement, with a view to correctly determining the origins of goods under Asia-Pacific Trade Agreement and promoting economic and trade intercourse between China and the member states of Asia-Pacific Trade Agreement.

Article 2 These Measures applies to the goods under Asia-Pacific Trade Agreement entered into by and between China and other member states (see Annex 1 for the list of the member states) provided that the bonded goods imported for processing trade and those for domestic sales are not subject to these Measures.

In the event of change to the member states of Asia-Pacific Trade Agreement, General Administration of Customs shall make a separate announcement.

Article 3 Where the goods directly transported and imported from the member states of Asia-Pacific Trade Agreement comply with any of the following conditions, their origin shall be deemed as the member states and they shall be subject to the tax rate provided in Asia-Pacific Trade Agreement of Customs Import and Export Tariff of the People's Republic of China (hereinafter the "Customs Tariff") or the preferential tax rate:

1. Goods fully acquired or produced in the member states;
2. Goods not fully acquired or produced in the member states but in compliance with provisions of Articles 5, 6 and 7 hereof.

Article 4 Goods "fully acquired or produced" as mentioned in Article 3.1 hereof refer to:

1. Raw materials or minerals exploited or extracted from the territory, territorial waters and seabed of the member states;
2. Agricultural products harvested in the member states;
3. Animals born and raised in the member states;
4. Products obtained from the animals as mentioned in foregoing Paragraph 3 of this article in the member states.
5. Products obtained from hunting and fishing in the member states;
6. Fishing products and other sea products obtained by the vessels of the member states in high sea;
7. Products obtained from processing and manufacturing of the products listed in Item 6 of this article on the processing vessels of the member states;
8. Parts or raw materials recycled from the goods in the member states which can neither be used for its original purpose nor be reused;
9. Old goods collected in the member states which can neither be used for original purpose nor be restored or amended and which can only be scrapped or recycled as parts or raw materials;
10. Waste or shredded materials arising from the production or processing process in the member states; and
11. Products obtained from the processing of products listed from Paragraphs 1 to 11 of this article.
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