What Is a Certificate of Origin?

The Certificate of Origin (CERTIFICATE OF ORIGIN) is a certificate issued by an exporter at the request of an importer and issued by a notary agency or the government or exporter to prove the origin or manufacture of the goods.

Certificate of Origin

The certificate of origin is a valid voucher for the transfer of goods, settlement of payment, claim settlement, customs clearance acceptance of the importing country, and collection of customs duties. It is also a voucher for exporting countries to enjoy quota treatment and importing countries to implement different trade policies for different exporting countries.

Chinese name: Certificate of Origin
Foreign name: CERTIFICATE OF ORIGIN

Method: Provided by the exporter at the request of the importer
Meaning: As a basis for taxation

The role of the certificate of origin:

1. As the basis for taxation;

2. As one of the documents allowed for import.

Depending on the issuer, the certificate of origin can generally be divided into the following three categories: Certificate of origin issued by the commodity inspection agency, such as: issued by the Inspection and Quarantine Bureau of the People's Republic of China (CIQ)

Loss of the certificate of origin in accordance with relevant regulations shall be reported in the "

Export Trade International Trade Foreign Trade Commodity Certificate GSP

Regulations of the People's Republic of China on the Origin of Import and Export Goods

First

In order to correctly determine the origin of imported and exported goods, effectively implement various trade measures, and promote the development of foreign trade, these regulations are formulated.

Article 2

This Regulation applies to the implementation of most-favored-nation treatment, anti-dumping and countervailing duties, safeguard measures, management of origin marking, non-preferential trade measures such as country-level restrictions, tariff quotas, and other activities on government procurement, trade statistics, etc. determine. The implementation of preferential trade measures to determine the origin of imported and exported goods does not apply to these regulations. Specific measures shall be formulated separately in accordance with the relevant provisions of international treaties and agreements concluded or acceded to by the People's Republic of China.

Article 3

For goods obtained entirely in one country (region), the country (region) is the origin; for goods that are involved in production by two or more countries (regions), the country (region) that has finally completed substantial changes is the origin.

Article 4

The goods referred to in Article 3 of these Regulations that were obtained entirely in a country (region) refer to:

(1) Live animals born and raised in the country (region);

(2) animals caught, fished and collected in the wild of the country (region);

(3) Raw materials obtained from live animals in the country (region);

(4) Plants and plant products harvested in the country (region);

(5) Minerals excavated in the country (region);

(6) Other naturally-occurring items obtained in the country (region) other than the scope of items (1) to (5) of this article;

(7) Waste and scrap that can only be discarded or recycled as materials in the production process of the country (region);

(8) Items that cannot be repaired or repaired collected in the country (region), or parts or materials recovered from the items;

(9) Marine fishing and other items obtained by ships legally flying the flag of that country from areas beyond its territorial waters;

(10) Products obtained by processing the items listed in item (9) of this article on a processing ship legally flying the flag of that country;

(11) Articles obtained from the seabed or the soil on the bottom of the seabed with exclusive mining rights outside the territorial sea of the country;

(12) Products produced in the country (region) completely from the items listed in items (1) to (11) of this article.

The fifth

In determining whether the goods are fully obtained in a country (region), the following minor processing or handling is not considered:

(1) processing or treatment for the preservation of goods during transportation and storage;

(2) processing or handling for the convenience of loading and unloading of the goods;

(3) Packaging or other processing or handling for the sale of goods.

Article 6

For the determination of the substantial change stipulated in Article 3 of these regulations, the tax classification change is used as the basic standard; if the tax classification change does not reflect the substantial change, the ad valorem percentage, manufacturing or processing procedures, etc. are supplementary standards. Specific standards shall be formulated by the General Administration of Customs in conjunction with the Ministry of Commerce and the General Administration of Quality Supervision, Inspection and Quarantine.

The change in tariff classification referred to in the first paragraph of this article refers to the fact that after a certain country (region) manufactures and processes non-country (region) original materials, the resulting goods are included in one of the "Import and Export Tariffs of the People's Republic of China" The tax classification of the tax level has changed.

The ad valorem percentage referred to in the first paragraph of this article refers to the value-added portion of a country (region) after manufacturing and processing of non-country (region) original materials, which exceeds a certain percentage of the value of the goods obtained.

The manufacturing or processing process referred to in the first paragraph of this article refers to the main process performed in a certain country (region) to give the basic characteristics of the goods obtained after manufacturing and processing.

Before the implementation of the World Trade Organization's "Coordination of Non-Preferential Origin Rules", specific standards for determining substantial changes in the origin of imported and exported goods shall be separately formulated by the General Administration of Customs in conjunction with the Ministry of Commerce and the General Administration of Quality Supervision, Inspection and Quarantine according to the actual situation.

Article 7

The origin of the energy, plant, equipment, machinery and tools used in the production of the goods, as well as the origin of the materials that do not constitute the substance or components of the goods, does not affect the determination of the origin of the goods.

Article 8 Where the packaging, packaging materials and containers imported and exported with the loaded goods are classified with the goods in the "Import and Export Tariff of the People's Republic of China", the origin of the packaging, packaging materials and containers does not affect the loaded goods Determination of origin; the origin of the packaging, packaging material and container is no longer determined separately, and the origin of the loaded goods is the origin of the packaging, packaging material and container.

Where the packaging, packaging materials and containers imported and exported with the loaded goods are not classified with the goods in the Import and Export Tariff of the People's Republic of China, the origin of the packaging, packaging materials and containers shall be determined in accordance with the provisions of these regulations.

Article 9

Attachments, spare parts, tools, and descriptive materials that are imported and exported with the goods according to the types and quantities normally provided, and are classified with the goods in the "Import and Export Tariff of the People's Republic of China", the attachments, spare parts, tools, and introductions The origin of the descriptive information does not affect the determination of the origin of the goods; the origin of the attachments, spare parts, tools and descriptive information is no longer determined separately, the origin of the goods is the attachment, spare parts, tools and descriptions Origin of descriptive information.

Attachments, spare parts, tools, and descriptive materials that are imported and exported with the goods are classified with the goods in the "Import and Export Tariff of the People's Republic of China", but exceed the types and quantities normally provided, and in the "People's Republic of China" Where the Import and Export Tariffs are not classified with the goods, the origin of the attachments, spare parts, tools and descriptive materials shall be determined in accordance with the provisions of this Regulation.

Article 10 Any processing or handling of the goods is to circumvent the relevant provisions of the People's Republic of China on anti-dumping, countervailing and safeguard measures. The customs may not consider such processing and handling when determining the origin of the goods.

Article 11

When the consignee of imported goods handles the customs declaration formalities of imported goods in accordance with the "Customs Law of the People's Republic of China" and related regulations, they should truthfully declare the origin of imported goods in accordance with the origin determination standards specified in these regulations; the origin of the same batch of goods If they are different, they should declare the origin separately.

Article 12

Before the import of imported goods, the consignee of the imported goods or other parties directly related to the imported goods may, in the case of valid reasons, apply in writing to the customs for a pre-determined decision on the origin of the goods to be imported; the applicant shall Provides the customs with the information needed to make a pre-determined decision of origin.

The customs shall make a decision on the origin of the imported goods in accordance with the provisions of these regulations within 150 days from the date of receiving the written application for the origin and all necessary information, and make it public.

Article 13

After the customs accepts the declaration, it shall examine and determine the origin of the imported goods in accordance with the provisions of these regulations.

For goods that have been pre-determined in origin, when the actual import is made within 3 years from the date of the pre-determination decision, the actual imported goods that have been examined by the customs are consistent with the goods described in the pre-determination decision, and the criteria for determining the origin specified in these regulations If there is no change, the customs will not re-determine the origin of the imported goods; if the actual imported goods are not consistent with the goods mentioned in the pre-determined decision after being reviewed by the customs, the customs shall re-examine and determine the imported goods in accordance with the provisions of these regulations. place of origin.

Article 14

When examining and determining the origin of imported goods, the customs may require the consignee of the imported goods to submit a certificate of origin of the imported goods and verify them; if necessary, they may request the relevant agencies of the country (region) in which the goods are exported. Verification of origin.

Article 15

According to the written application submitted by the foreign trade operator, the customs may make an administrative ruling on the origin of the goods to be imported in advance and make it public according to the provisions of Article 43 of the "Customs Law of the People's Republic of China".

For importing the same goods, the same administrative ruling shall apply.

Article 16

The state exercises control over the mark of origin. Where the goods or their packaging are marked with a mark of origin, the place of origin indicated by the mark of origin shall be consistent with the place of origin determined in accordance with these regulations.

Article 17

The consignor of export goods may apply to the entry-exit inspection and quarantine institutions under the General Administration of Quality Supervision, Inspection and Quarantine, the China Council for the Promotion of International Trade and its local branch (hereinafter referred to as the visa agency) to apply for a certificate of origin of the export goods.

Article 18

The exporter of an export cargo applying for the certificate of origin of the export cargo shall go through the registration formalities at the visa agency, truthfully declare the origin of the export cargo in accordance with the regulations, and provide the visa agency with the information required to issue the certificate of origin of the export cargo.

Article 19

After accepting the application of the consignor of the export goods, the visa agency shall examine and determine the origin of the export goods in accordance with the regulations, and issue a certificate of origin for the export goods. For export goods that do not belong to the territory of the People's Republic of China, they shall refuse to issue original export goods. Certificate of origin.

Specific measures for the administration of the issuance of certificates of origin of export goods shall be separately formulated by the General Administration of Quality Supervision, Inspection and Quarantine in conjunction with other relevant departments and agencies of the State Council.

Article 20

At the request of the relevant agencies in the country (region) of the import of the export goods, the customs and visa agencies may check the origin of the export goods and report the verification to the relevant agencies in the importing country (region) in a timely manner.

Article 21

The materials and information used to determine the origin of the goods shall be kept confidential except by the units and individuals that can provide the materials and information in accordance with relevant regulations or with the permission of the units and individuals that provided the materials and information.

Article 22

Those who declare the origin of imported goods in violation of these regulations shall be punished in accordance with the relevant provisions of the Foreign Trade Law of the People's Republic of China, the Customs Law of the People's Republic of China, and the Implementation Regulations of the People's Republic of China on Administrative Penalties.

Article 23

Providing false materials to defraud the certificate of origin of export goods or forging, altering, trading, or stealing the certificate of origin of export goods, a fine of 5,000 yuan to 100,000 yuan shall be imposed by the entry-exit inspection and quarantine agency and the customs; fraud, forgery, or alteration , Sale, or theft of a certificate of origin of export goods as a customs clearance certificate, a fine of less than the value of the goods shall be imposed, but if the value of the goods is less than 5,000 yuan, a fine of 5,000 yuan shall be imposed. If there is illegal income, the illegal income shall be confiscated by the entry-exit inspection and quarantine agency and the customs. Constitute a crime, be held criminally responsible.

Article 24

Where the origin mark of imported goods is inconsistent with the origin determined in accordance with these regulations, the customs shall order correction.

If the origin mark of the exported goods is not consistent with the origin determined in accordance with these regulations, the customs and the entry-exit inspection and quarantine agency shall order correction.

Article 25

Those who determine the origin of imported or exported goods in violation of the procedures stipulated in these Regulations to determine the origin, or disclose known trade secrets, or abuse their powers, neglect their duties, or engage in malpractices, shall be given administrative sanctions according to law; Confiscating illegal gains; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 26

The meaning of the following terms in this Regulation:

Acquisition refers to capture, fishing, collection, harvest, mining, processing or production.

The country of origin of the goods refers to the country (region) that has obtained a certain goods in accordance with these regulations.

The certificate of origin refers to a written document issued by the exporting country (region) in accordance with the rules of origin and relevant requirements, clearly indicating that the goods listed in the certificate originated in a specific country (region).

The mark of origin refers to the words and graphics used on the goods or packaging to indicate the origin of the goods.

Article 27

These regulations come into effect on January 1, 2005. The "Rules of Origin of the People's Republic of China on Export of Goods" promulgated by the State Council on March 8, 1992, and the "Interim Provisions of the Customs of the People's Republic of China on the Origin of Imported Goods" issued by the General Administration of Customs on December 6, 1986 shall be abolished simultaneously.

In international trade practice, which certificate of origin should be provided is mainly based on the requirements of the contract or letter of credit. Generally, GSP certificate of origin is required for export goods of GSP countries. If the letter of credit does not specify the issuer of the certificate of origin, the bank should accept any type of certificate of origin.

What Is a Certificate of Origin?

Certificate of Origin

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