Regulations of the People's Republic of China on Origin of Imported and Exported Goods (Revised in 2019)

Regulations of the People's Republic of China on Origin of Imported and Exported Goods (Revised in 2019)
Regulations of the People's Republic of China on Origin of Imported and Exported Goods (Revised in 2019)

Order of the State Council of the People's Republic of China No.709

March 2, 2019

(Order of the State Council of the People's Republic of China No.416, revised under the Decision of the State Council on Revising Some Administrative Regulations dated March 2, 2019)

Article 1 The Regulations are enacted to correctly identify the place of origin of imported and exported goods, to effectively implement various trade measures and to promote the development of foreign trade (the "Regulations").

Article 2 The Regulations apply to the identification of the place of origin of imported and exported goods for the purposes of the implementation of MFN treatment, anti-dumping and countervailing measures, safeguard measures, place-of-origin markings, country-specific quantitative restrictions, tariff quotas or other non-preferential trade measures, and for the purposes of government procurement, trade statistics and other activities.
The Regulations do not apply to the identification of the place of origin of imported and exported goods for the purposes of the implementation of preferential trade measures, which shall be governed by detailed rules formulated separately in line with the international treaties or agreements concluded or acceded to by the People's Republic of China.

Article 3 For goods wholly obtained in a country (region), that country (region) shall be taken as the place of origin of such goods; for goods the production of which involves two or more countries (regions), the country (region) where a substantial transformation of such goods is finalized shall be taken as the place of origin of such goods.

Article 4 For the purpose of Article 3, the term "goods wholly obtained in a country (region)" refers to:
1. live animals born and bred in the country (region);
2. animals captured on land or water or collected in the wild of the country (region);
3. articles obtained from live animals of the country (region) without undergoing processing;
4. plants and plant products harvested from the country (region);
5. minerals extracted from the country (region);
6. other natural products obtained from the country (region) other than those listed in Items 1 to 5 hereof;
7. wastes and scraps generated in the production process in the country (region) that can only be discarded or recycled for usage;
8. objects collected from the country (region) that cannot be restored or repaired, or parts or materials recycled therefrom;
9. marine catches and other objects obtained from sea areas outside the territorial waters of the country(region) by a vessel legitimately flying the flag of the country(region);
10. products obtained from processing of objects listed in Item 9 hereof by a processing vessel legitimately flying the flag of the country;
11. objects obtained from the seabed or subsoil of sea areas outside the territorial waters of the country, to which the country has exclusive mining rights; and
12. products wholly produced in the country (region) from any of those listed in Items 1 to 11 hereof.

Article 5 When identifying whether goods are wholly obtained in a country (region), the following minor processing or handling shall not be considered:
1.
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