Certificates of origin
The General Administration of Customs has recently issued guidance relating to China's trading partners in the Association of Southeast Asian Nations (ASEAN). The announcements concern the use of movement certificates and certificates of origin for the purposes of the ASEAN-China Free Trade Area (ACFTA).
Announcement 11/2011 was issued on March 3 2011 to clarify issues related to applications for movement certificates under the ACFTA. A movement certificate is a certificate of origin which is issued by an intermediate exporting ACFTA member state and which indicates the origin status of the product in question.
The announcement states that relevant parties can apply to Customs for a movement certificate for goods originating in ASEAN member states that are transported to other ACFTA member states, provided that:
- the goods remain continuously under customs supervision and are not processed or handled (except for loading, unloading or moving);
- the consignee which declares the entry of such goods into Chinese customs territory is that which also declares the departure; and
- the consignor which declares the departure of the goods from the territory submits an electronic or written application to Customs.
Customs will generally issue movement certificates within five working days of the date of acceptance by Customs and within one year of issuance of the related certificate of origin. The movement certificate's term of validity should be consistent with the related certificate of origin.
The announcement came into effect on the date of issue.
According to the Administrative Measures of Customs for the Origin of Goods Imported and Exported under the ACFTA, which came into effect on January 1 2011, the previous certificate of origin format has been replaced. Announcement 19/2011, which was issued on March 22 2011, clarifies the validity periods of both versions.
Both versions of the certificate are acceptable if issued for goods that originate from Brunei, Laos, Malaysia, Singapore, Thailand, Vietnam and the Philippines and declared to Chinese Customs before June 30 2011. From July 1 2011 Customs will accept only the new version for goods originating from the aforementioned countries.
The old version will remain valid for goods originating in Indonesia, Cambodia and Myanmar until an announcement is issued to adopt the new version.
For further information on this topic please contact Eugene Lim at Baker & McKenzie's Hong Kong office by telephone (+852 2846 2413), fax (+852 2845 0476) or email ([email protected]).