The Measures of the General Administration of Customs of the People’s Republic of China on the Administration of Origin of Goods Imported and Exported under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand, which were adopted at the executive meeting of the General Administration of Customs on September 27, 2008, are hereby promulgated, and shall come into force as of October 1, 2008.
Sheng Guangzu
Measures of the General Administration of Customs of the People’s Republic of China on the Administration of Origin of Goods Imported and Exported under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand
(Adopted at the Executive Meeting of the General Administration of Customs on September 27, 2008, promulgated by Decree No. 175 of the General Administration of Customs of the People’s Republic of China on September 28, 2008, and effective as of October 1, 2008)
Article 1 These Measures are formulated in accordance with the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law), the Regulations of the People’s Republic of China on Origin of Imported and Exported Goods and the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand (hereinafter referred to as the FTA) for the purposes of correct determination of origin of goods imported and exported under the FTA and promotion of economic and trade relations between China and New Zealand. where:
VNM is the value in CIF terms of the materials not originating in New Zealand, including import cost, insurance and freight of delivery of the materials to the port or place of destination. For materials of undetermined origin, the earliest ascertained price paid or payable for the materials in the territory of New Zealand shall be calculated into the VNM. When the materials of undetermined origin are obtained by the producer of the goods within New Zealand, the VNM shall not include the freight, insurance, packing costs or any other costs incurred in transporting the materials from the supplier’s warehouse to the
Application for Temporary Importation/Exportation of Goods
Serial Number:
(1) Customs: We are hoping to go through temporary importation/exportation procedures for (2) . Therefore, we hereby apply to you for putting the above-mentioned goods under the procedure of temporary importation/exportation.
(3) (Seal) Date: (dd-mm-yy)
Instructions: (1) Name of the Customs; (2) Description, specification, quantity, color and brand of the goods to be temporarily imported/exported; (3) Name of the applicant.
Annex 2 Decision on Approval of Application for Temporary Importation/Exportation of Goods Customs of the People’s Republic of China
Serial Number:
(1) : Your Application for Temporary Importation/Exportation of Goods (2) , upon examination, has met the relevant requirements of the Customs Law of the People's Republic of Chinaand the Measures of the General Administration of Customs of the People's Republic of China on the Administration of Temporarily Imported and Exported Goods, and is hereby approved.
(3) Customs (Seal) Date: (dd-mm-yy)
Instructions: (1) Name of the entity to be informed; (2) Serial number of the applicant’s Application for Temporary Importation/Exportation of Goods; (3) Name of the Customs.
Annex 3 Decision on Disapproval of Application for Temporary Importation/Exportation of Goods Customs of the People’s Republic of China
Serial Number:
(1) : Your Application for Temporary Importation/Exportation of Goods (2) , upon examination, does not meet the relevant requirements of the Customs Law of the People's Republic of China and the Measures of the General Administration of Customs of the People's Republic of China on the Administration of Temporarily Imported and Exported Goods, and is hereby rejected. In the case of disagreement with the decision, you may, in accordance with Articles 9 and 12 of the Administrative Review Law of the People's Republic of China and Article 39 of the Administrative Procedure Law of the People's Republic of China, within 60 days as of the date of service of this decision, apply to the Customs at a higher level for administrative reconsideration. You may also, within 3 months as of the date of service of this decision, directly file a lawsuit with the intermediate people's court of the place of location of the competent Customs house.
(3) Customs (Seal) Date: (dd-mm-yy)
Instructions: (1) Name of the entity to be informed; (2) Serial number of the applicant’s Application for Temporary Importation/Exportation of Goods; (3) Name of the Customs.
Annex 4 Application for Extension of Time Limit for Goods Temporarily Imported/Exported
Serial Number:
(1) Customs: Because (2) , we hereby apply for the extension of the time limit for our temporarily imported/exported goods (3) .
(4) (Seal) Date: (dd-mm-yy)
Instructions: (1) Name of the Customs; (2) Reason(s) for the extension application; (3) Description, specification, quantity, color and brand of the temporarily imported/exported goods; (4) Name of the applicant.
Annex 5 Decision on Approval of Application for Extension of Time Limit for Goods Temporarily Imported/Exported Customs of the People’s Republic of China
Serial Number:
(1) : Your Application for Extension of Time Limit for Goods Temporarily Imported/Exported (2), upon examination, has met the relevant requirements of the Customs Law of the People's Republic of China and the Measures of the General Administration of Customs of the People's Republic of China on the Administration of Temporarily Imported and Exported Goods, and is hereby approved.
(3) Customs (Seal) Date: (dd-mm-yy)
Instructions: (1) Name of the entity to be informed; (2) Serial number of the applicant’s Application for Extension of Time Limit for Goods Temporarily Imported/Exported; (3) Name of the Customs.
Annex 6 Decision on Disapproval of Application for Extension of Time Limit for Goods Temporarily Imported/Exported Customs of the People’s Republic of China
Serial Number:
(1) : Your Application for Extension of Time Limit for Goods Temporarily Imported/Exported (2), upon examination, does not meet the requirements of the Customs Law of the People's Republic of China and the Measures of the General Administration of Customs of the People's Republic of China on the Administration of Temporarily Imported and Exported Goods, and is hereby rejected. In the case of disagreement with the decision, you may, in accordance with Articles 9 and 12 of the Administrative Review Law of the People's Republic of China and Article 39 of the Administrative Procedure Law of the People's Republic of China, within 60 days as of the date of service of this decision, apply to the Customs at a higher level for administrative reconsideration. You may also, within 3 months as of the date of service of this decision, directly file a lawsuit with the intermediate people's court of the place of location of the competent Customs house.
(3) Customs (Seal) Date: (dd-mm-yy)
Instructions: (1) Name of the entity to be informed; (2) Serial number of the applicant’s Application for Extension of Time Limit for Goods Temporarily Imported/Exported; (3) Name of the Customs.
Annex 7 Notice of Claim for ATA Carnets ( ) Claim Notice No. ( ) China Chamber of International Commerce: This is to inform you that the goods under the ATA carnet (No. ) issued by (name of country: ) had been temporarily admitted into the Customs territory of our country from___ Customs on the date of__ (dd-mm-yy). According to the requirement of the Customs at the place of entry, those goods shall be re-exported before the date of__(dd-mm-yy). However, in violation of relevant international treaties and the requirements of China Customs, the goods (No. ) under the ATA carnet have failed to be re-exported on time and have not gone through any Customs clearance procedures as yet. Hence, a claim is hereby lodged for the ATA carnet. You are required to, within 9 months upon receipt of this notice, submit to the ATA Write-off Center of the Customs of the People’s Republic of China the evidence proving that the goods under the ATA carnet have been re-exported or the ATA carnet has been lawfully canceled by China Customs. Otherwise, you shall be liable for payment for the claim.
ATA Write-off Center Customs of the People’s Republic of China Date: (dd-mm-yy)
Enclosures: 1. Import Voucher of the ATA Carnet under Claim 2. General Checklist of the Goods under the ATA Carnet under Claim
Annex 8 Notice of Write-off of ATA Carnets
( ) Write-off Notice No. ( )
China Chamber of International Commerce: For the ATA carnet (No. ) for which a claim has been lodged in ( ) Claim Notice No. ( ), as you have submitted the proof, which conforms to the relevant international conventions and the law of our country, proving that the ATA carnet has been lawfully canceled, the ATA carnet has been written off accordingly. Since the goods under the ATA carnet have not gone through Customs declaration formalities for re-exportation, the ATA carnet holder shall pay Customs an adjustment fee of RMB350 Yuan. You are required to pay our Center that amount within 14 working days as of the date of receipt of this notice.
ATA Write-off Center Customs of the People’s Republic of China Date: (dd-mm-yy)
Annex 9 Payment Notice for ATA Carnets ( ) Payment Notice No. ( ) China Chamber of International Commerce: For the ATA carnet (No. ) for which a claim has been lodged in ( ) Claim Notice No. ( ), as you have failed to, within the prescribed time limit of 9 months, submit to the ATA Write-off Center of the Customs of the People’s Republic of China the evidence proving that the goods under the ATA carnet have been re-exported or the ATA carnet has been lawfully canceled by China Customs, you are required to pay for the above-mentioned claim. The list of the estimated duties, taxes and fines payable for the ATA carnet is as follows: (1) Aggregate Value of the Goods Violating Relevant Provisions: _____ (2) Exchange Rate: ______ (3) The Customs Value: ¥_____ (4) Import Duty Rate: ______ (5) Consumption Tax Rate: ______ (6) Value-added Tax Rate: ______ (7) The Formula for Computing the Duties and Taxes Payable: Import Duties and Taxes = Import Duties + Value-added Tax + Consumption Tax = [(Import Duty Rate + Consumption Tax Rate + Value-added Tax Rate + Import Duty Rate * Value-added Tax Rate)/(1- Consumption Tax Rate)] * The Customs Value (8) Aggregate Amount of Import Duties and Taxes: _______ (9) Fine: ____________ Total: (in capitalized letters) _________(¥_____)
ATA Write-off Center Customs of the People’s Republic of China Date: (dd-mm-yy)
Certificate of Origin
ORIGINAL
Overleaf Instruction
Box 1: State the full legal name, address (including country) of the exporter. Box 2: State the full legal name, address (including country) of the producer. If more than one producer’s good is included in the certificate, list the additional producers, including name, address (including country). If the exporter or the producer wishes the information to be confidential, it is acceptable to state “Available to the authorized body upon request”. If the producer and the exporter are the same, please complete field with “SAME”. If the producer is unknown, it is acceptable to state "UNKNOWN". Box 3: State the full legal name, address (including country) of the consignee. Box 4: Complete the means of transport and route and specify the departure date, transport vehicle No., port of loading and discharge. Box 5: The customs administration of the importing country must indicate (√) in the relevant boxes whether or not preferential tariff treatment is accorded. Box 6: Any additional information such as Customer’s Order Number, Letter of Credit Number, etc. may be included. Box 7: State the item number, and item number should not exceed 20. Box 8: State the shipping marks and numbers on the packages. Box 9: Number and kind of package shall be specified. Provide a full description of each good. The description should be sufficiently detailed to enable the products to be identified by the Customs Officers examining them and relate it to the invoice description and to the HS description of the good. If goods are not packed, state “in bulk”. When the description of the goods is finished, add “***” (three stars) or “ \ ” (finishing slash). Box 10: For each good described in Box 9, identify the HS tariff classification to six digits. Box 11: If the goods qualify under the Rules of Origin, the exporter must indicate in Box 11 of this form the origin criteria on the basis of which he claims that his goods qualify for preferential tariff treatment, in the manner shown in the following table:
Box 12: Gross weight in kilograms should be shown here. Other units of measurement e.g. volume or number of items which would indicate exact quantities may be used when customary. Box 13: Invoice number, date of invoices and invoiced value should be shown here. Box 14: The field must be completed, signed and dated by the exporter for exports from China. It is not required for New Zealand exports to China. Insert the place, date of signature. Box 15: The field must be completed, signed, dated and stamped by the authorized person of the authorized body.
中文样本仅供参考
原产地证书
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1. 出口商的名称、地址、国家:
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证书号: 中华人民共和国政府和新西兰政府自由贸易协定原产地证书签发国______________ (填制方法详见证书背页说明) |
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2. 生产商的名称、地址,在已知情况下:
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3. 收货人的名称、地址、国家:
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4. 运输方式及路线(就所知而言)
离港日期
船只/飞机/火车/货车编号
装货口岸
到货口岸
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5. 供官方使用 可以享受---__-----_____自由贸易协定优惠待遇 不能享受_______自由贸易协定优惠待遇 理由: ………………………………………………… 进口国官方机构的授权人签字 |
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6. 备注:
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7. 项目号(最多20项) |
8. 唛头及包装号 |
9. 包装数量及种类;商品名称 |
10. HS 编码(以六位数编码为准) |
11. 原产地标准
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12. 毛重、数量(数量单位)或其它计量单位(升、立方米等) |
13. 发票号、发票日期及发票价格 |
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14.出口商申明 下列签字人证明上述资料及申明正确无误,所有货物产自
(国家) 且符合自由贸易协定原产地规则的相关规定。该货物出口至
(进口国)
申报地点、日期及授权签字人的签字 |
15.证明 根据所实施的监管,兹证明上述信息正确无误,且所述货物符合《中华人民共和国政府和新西兰政府自由贸易协定》原产地要求。
地点、日期、签字及授权机构印章 |
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第1栏:填写出口商详细的依法登记的名称、地址(包括国家)。
第2栏:填写生产商详细的依法登记的名称、地址(包括国家)。如果证书包含一家以上生产商的商品,应列出其他生产商的详细名称、地址(包括国家)。如果出口商或生产商希望对信息予以保密,可以填写“应要求提供给授权机构”。如果生产商和出口商相同,应填写“同上”。如果不知道生产商,可填写“不知道”。
第3栏:填写收货人详细的依法登记的名称、地址(包括国家)。
第4栏:填写运输方式及路线,详细说明离港日期、运输工具的编号、装货口岸和卸货口岸。
第5栏:不论是否给予优惠待遇,进口国海关当局必须在相应栏目标注(√)。
第6栏:可以填写顾客订货单号、信用证号等其他信息。
第7栏:填写项目号,但不得超过20项。
第8栏:填写唛头及包装号。
第9栏:详细列明包装数量及种类。详列每种货物的货品名称,以便于海关关员查验时加以识别。货品名称应与发票上的描述及货物的协调制度编码相符。如果是散装货,应注明“散装”。当商品描述结束时,加上“***”(三颗星)或“\”(结束斜线符号)。
第10栏:对应第9栏中的每种货物填写协调制度税则归类编码,以六位数编码为准。
第11栏:若货物符合原产地规则,出口商必须按照下表所示方式,在本证书第11栏中标明 其货物申明享受优惠待遇所依据的原产地标准:
出口商申明其货物享受优惠待遇所根据的原产地标准 |
填入第11栏 |
该货物符合第二十条规定(包括附件五所列规定),在一方境内完全获得或生产; |
WO |
该货物是在一方或双方境内,完全由其原产地符合第四章第一节规定的材料生产 |
WP |
该货物是在一方或双方境内生产,所使用的非原产材料满足附件五所规定的税则归类改变、区域价值成分、工序要求或其他要求,且该货物符合其所适用的第四章第一节的其他规定。 |
PSR[2] |
第12栏:毛重应填写“千克”。可依照惯例,采用其他计量单位(例如体积、件数等)来精确地反映数量。
第13栏:应填写发票号、发票日期及发票价格。
第14栏:填写签字的地点及日期。对于中国出口的货物,本栏必须由货物出口商填写、签字并填写日期,对于新西兰出口至中国的货物,不必填写此栏。
第15栏:本栏必须由授权机构的授权人员填写、签字、填写签证日期并盖章。
[1] When the good is subject to a regional value content (RVC) requirement stipulated in Annex 5, indicate the percentage
[2] 如果货物适用附件1所规定的区域价值成分(RVC)要求,应注明百分比。
Declaration of Origin
Free Trade Agreement between the Government of the People’s Republic of
China and the Government of New Zealand
I ____________________________________________________________ being the
(print name and position)
exporter / producer / exporter and producer
(strike out that which does not apply)
hereby declare that the goods enumerated on this invoice ___________________(insert invoice number) are originating from
CHINA / NEW ZEALAND
(strike out that which does not apply)
in that they comply with the rules of origin requirements of The Free Trade Agreement between the Government of the People’s Republic of China and the Government of
New Zealand.
If applicable:
These goods are covered by advance ruling _____________________(insert reference number) that deems the goods to qualify as originating in accordance with the rules of origin under Free Trade Agreement between the Government of the People’s Republic of China and the Government of New Zealand. |
Signed: ________________________________________________
Date:__________________________________________________
Note: This declaration must be printed and presented as a separate document accompanying the commercial invoice. The maximum number of items covered by
this declaration should not exceed 20.
中文样本仅供参考
本人_________________________________________________为
(打印姓名及职务)
出口商/生产商/出口商及生产商
(不适用的部分请划去)
兹声明发票__________________(填写发票号)所列货物原产自
中国/新西兰
(不适用的部分请划去)
且货物符合《中华人民共和国政府和新西兰政府自由贸易协定》原产地规则的要求。
如适用: 根据《中华人民共和国政府和新西兰政府自由贸易协定》原产地规则,上述货物经行政裁定___________________(填写裁定编号)视为具备原产资格。 |
签名: ________________________________________________
日期: ________________________________________________
注: 该声明必须打印,并以商业发票随附的单独文件提交。本声明所涉货物最多不得超过二十项。
Annex 4
STATEMENT ON GOODS IMPORTED UNDER THE FREE TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF NEW ZEALAND
I, ______________________________________ (NAME AND TITLE), the import consignee / the agent of the import consignee (DELETE THE PART INAPPLICABLE), hereby state that the goods listed in Item No. _________________ of the Customs Declaration Form No. __________________ have originated in New Zealand and correspond with the requirements as specified in the rules of origin under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand.
I hereby apply for the application of the agreed rate under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand to the above-mentioned goods, and for the release of the goods after the provision of a security. I pledge to submit the Certificate of Origin issued under theFree Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand within one year upon the date of importation of the goods.
Signature: __________________________________
Date: _______________________________
Annex 5
NOTICE ON INAPPLICABILITY OF THE AGRRED RATE TO IMPORT GOODS
________________ CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA
______________ Customs Serial No.: _______________
_________________________________(NAME OF COMPANY/ORGANIZATION):
Upon examination, the goods listed in Item No. ______________ of the Customs Declaration Form No. ________________ lodged by you on the date of __________________(day/month/year) is inapplicable, according to theMeasures of the General Administration of Customs of the People’s Republic of China on the Administration of Origin of Goods Imported and Exported under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand (Decree No. 175 of the General Administration of Customs), for the agreed rate under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand, due to the following reason(s): |
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The Certificate of Origin / Declaration of Origin does not correspond with the requirements as specified in Decree No. 175 of the General Administration of Customs. |
[ ] |
The declaration form, the Certificate of Origin / Declaration of Origin, the contract, the commercial invoice, the bill of lading, the packing list, etc., do not correspond with one another. |
[ ] |
The declaration form, or the Certificate of Origin / Declaration of Origin, contract, commercial invoice, bill of lading, packing list, etc., does not match with the import goods for which the declaration has been made. |
[ ] |
Not corresponding with the criteria of goods originating in New Zealand as specified in Decree No. 175 of the General Administration of Customs. |
[ ] |
Not corresponding with the criteria of “consigned directly” as specified in Decree No. 175 of the General Administration of Customs. |
[ ] |
Not corresponding with other requirements as specified in Decree No. 175 of the General Administration of Customs. |
Other Remarks |
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Customs (Division) Seal |
Customs Officer (Signature): |
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yy mm dd |
Addressee (Signature): |
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yy mm dd |
Page 1 of the duplicate. To be retained by the company/organization.
NOTICE ON INAPPLICABILITY OF THE AGRRED RATE TO IMPORT GOODS
________________ CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA
______________ Customs Serial No.: _______________
_________________________________(NAME OF COMPANY/ORGANIZATION):
Upon examination, the goods listed in Item No. ______________ of the Customs Declaration Form No. ________________ lodged by you on the date of __________________(day/month/year) is inapplicable, according to theMeasures of the General Administration of Customs of the People’s Republic of China on the Administration of Origin of Goods Imported and Exported under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand (Decree No. 175 of the General Administration of Customs), for the agreed rate under the Free Trade Agreement Between the Government of the People’s Republic of China and the Government of New Zealand, due to the following reason(s): |
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[ ] |
The Certificate of Origin / Declaration of Origin does not correspond with the requirements as specified in Decree No. 175 of the General Administration of Customs. |
[ ] |
The declaration form, the Certificate of Origin / Declaration of Origin, the contract, the commercial invoice, the bill of lading, the packing list, etc., do not correspond with one another. |
[ ] |
The declaration form, or the Certificate of Origin / Declaration of Origin, contract, commercial invoice, bill of lading, packing list, etc., does not match with the import goods for which the declaration has been made. |
[ ] |
Not corresponding with the criteria of goods originating in New Zealand as specified in Decree No. 175 of the General Administration of Customs. |
[ ] |
Not corresponding with the criteria of “consigned directly” as specified in Decree No. 175 of the General Administration of Customs. |
[ ] |
Not corresponding with other requirements as specified in Decree No. 175 of the General Administration of Customs. |
Other Remarks |
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Customs (Division) Seal |
Customs Officer (Signature): |
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yy mm dd |
Addressee (Signature): |
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yy mm dd |
Page 2 of the duplicate. To be retained by Customs
(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)
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General Administration of Customs of the People's Republic of China
Address: No.6. Jianguomennei Avenue, Dongcheng District, Beijing, China Postcode: 100730