WORLD TRADE
ORGANIZATIONG/RO/53
1 August 2002
(02-4261)
Committee on Rules of Origin Original:  English
IMPLEMENTATION OF THE AGREEMENT ON RULES OF ORIGIN
Notification by the People's Republic of China
The following communication, dated 14 June 2002, has been received from the Permanent
Mission of the People's Republic of China.
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With reference to Article 5.1 and paragraph 4 of Annex II of the Agreement on Rules of
Origin, I have the honour to provide the Committee on Rules of Origin the texts of the following
regulations and administrative measures in effect in China regarding rules of origin:
1. Provisional Regulations Concerning the Rules of Origin of the Customs General
Administration of the People’s Republic of China;
2. Proclamation of the Customs General Administration of the People’s Republic of China,
No.17, 2001;
3. Proclamation Concerning Change of the Rules of Origin for Petroleum Products of the
Customs General Administration of the People’s Republic of China;
4. Provisional Rules of Origin for Imports under the First Agreement on Trade Negotiations
among Developing Member Countries of the Eco nomic and Social Commission for Asia and the
Pacific (Order of the Customs General Administra tion of the People’s Republic of China, No.94).
The above-mentioned regulations and administrative measures are authentic in the Chinese
language, and the English translations are for reference only by the Committee and Members of the
World Trade Organization.G/RO/53
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Provisional Rules of Origin for Imports
of the General Administration of Customs
of the People’s Republic of China
Promulgated and came into force on December 6, 1986
Article 1 The present Rules are hereby formulated for the purpose of implementation of the
two categories of duty rates on imports, i.e. general rate and MFN rate, provided  in the Regulations
on  Tariff of the People’s Republic of China, defining the country of origin of import goods correctly.
Article 2 Goods produced or manufactured wholly in a given country shall be taken as
originating in that country.
The term  “goods produced or manufactured wholly in a given country” means:
(1) Mineral products extracted from its soil or territorial waters of that country;
(2) Vegetable products harvested or gathered in that country;
(3) Live animals born or raised in that country and products obtained from live animal in that
country;
(4) Products obtained from hunting, trapping or fishing conducted in that country;
(5) Products of sea-fishing and other products taken from the sea by a vessel of that country;
(6) Goods obtained aboard a factory ship of that country solely from the products referred to in
(5) above;
(7) Scrap and waste collected in that country and fit only for the recovery of raw materials;
(8) Goods obtained or produced in that country solely from the products referred to in paragraphs
(1) to (7) above.
Article 3 When more than one country have taken part in the production of the goods,  the
country of origin of the goods shall be the country where the last substantial transformation has been
carried out from an economic point of view.
The term “substantial transformation” means that after manufacturing or processing, the
product obtained falls in a 4-digit tariff heading in the Customs Import and Export Tariff of the
People’s Republic of China  different from the headings applicable to each of the materials utilized ; or
the percentage of the value added to the product is no less than 30% of the total value of the product.
Article 4 The country of origin of  petroleum products shall be  the country where the products
are purchased. (Note: This article was repealed on 21 October 1993 by  Proclamation of General
Administration of Customs of the People’s Republic  of China Concerning Change of Rule of Origin
for Import Petroleum Products ).
Article 5 Accessories, spare parts and tools for use with a machine, appliance, apparatus or
vehicles shall be deemed to have the same origin  as the machine, appliance, apparatus or vehicle,
provided that they are imported therewith and co rrespond in number to the normal equipment thereof.
When they are imported separately, the country of origin of the accessories, spare parts and tools shallbe determined separately.
Article 6 When declaring import goods to the Customs, importers shall be held responsible for
the accuracy of the declared country of origin or purchase of the goods according to provisions of
Articles 2 to 5 of this Regulation. If goods in one consignment have more than one origin, all theorigins involved shall be declared separately.G/RO/53
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Article 7 The country of origin of import goods shall be determined by Customs. When it
deems necessary, Customs may request importers to submit certificates of origin issued by the
competent authorities of the countries concerned.
Article 8 Actions such as false declaring country of origin or faking certificate of origin shall
be dealt with by Customs according to relevant laws and regulations.
Article 9 The General Administration of Cu stoms of the People’s Republic of China is
authorized to make ultimate decisi on for implementing the present Rules.G/RO/53
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Proclamation of the  General Administration of Customs
of the People’s Republic of China
No. 17,  the Year of 2001
Establishment of Pre-determination on Origin of Imports
December 5, 2001
To facilitate importers or other interested parties  to know in advance the country of origin of
import goods, China Customs shall  establish and implement an origin pre-determination mechanism
from the date of December 11, 2001.   The related matters are therefore proclaimed as follows:
1.  An importer or other persons directly relating to import goods may request, with a justifiable
cause, a pre-determination from the Customs on the country of origin for the goods  to be imported.
2. Applicants shall submit to Customs an application with the reasons for pre-determination on
the country of origin of the goods  to be imported.
3. When applying for pre-determination on origin, applicants shall fill out an  Application Form
for Origin Pre-determination of Imports (see attached) and submit the following documents:
(1) Applicant’s identification document;(2)  Documents describing the goods  to be imported, including but not limited to:
a. Commodity description and specification,  tariff code number,   instruction manual, etc;
b. Certificate of origin or other certificate issued by the competent authorities of the  country  of
export or country of origin;
c. Information on type, specification,  price, place of production, etc. of the materials used in the
manufacture of  the import goods;
d. Information on manufacturing processes, techniques, places of processing, value-added by
processing of the import goods.
(3) Transaction documents of the import goods, such as import contract, letter of intent, price
inquiry and quotation, invoice, etc.
(4)  Other documents requested  by Customs.
Applicants shall supply supplemental documents  as requested by Customs when insufficient
information may impede Customs’ origin pre-determination.
4.  Within 150 days from the date of acceptance of the written application and all the  necessary
documents, Customs shall, in accordance with Provisional Rules of Origin for Imports of the General
Administration of Customs of the People’s Republic of China , make an origin pre-determination for
the goods concerned  and inform the applicant about the decision.
5.  Provided  the rules of origin, the facts and the conditions under which the pre-determination is
made remain unchanged, the decision on  the country of origin made by Customs shall be persistentlyeffective within the Customs territory.G/RO/53
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For imports to which the origin pre-determinations are applicable, the country of origin shall
be determined by Customs in accordance with the relevant pre-determinations, the applicable duty
rates and trade measures such as antidumping, countervailing or safeguard  shall also be determinedaccordingly.
6.  Customs pre-determinations on origin shall  be invalid in any of the following cases:
(1) The rules of origin under which the decision was made is changed;
(2) The decision made by judicial or administrative review procedures differs from the  Customs
pre-determination.
Invalidation of the pre-determination resulted from (1) above shall have no retroactive effect
on the origin determination previously made based on the pre-determination.
7.   When goods imported are not in line with the information submitted by applicants, the origin
pre-determination  shall not be applicable to the goods. The origin of the goods shall be determined by
Customs in accordance with Provisional Rules of Origin for Imports of the General Administration of
Customs of the People’s Republic of China.
8.   Applicants dissent from the pre-determination of the Customs on origin or importers dissent
from the determination of the Customs on origin of an import  based on an origin pre-determination
shall be obligated to apply for administrative review or law suit in accordance with relevant laws andregulations.
9.   In case applicants request the information for origin pre-determination be treated as
confidential, they shall make such requirements when submitting the information, Customs shall keep
the information confidential upon request. Without the consent of the applicant, such information
shall not be disclosed  unless the disclosure is required by judicial proceedings.G/RO/53
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Annex
Application Form for Origin Pre-determination  of Imports
Name of the Applicant:
Customs Registration ID:
（“No” if not registered with Customs ）
Address:
Contact Information:
Application Reason:
Commodity Description (in Chinese and in English):
Tariff Code:
Price, Quantity/Weight of goods to be imported:
Commodity Descriptionspecification, model,  function, components, production or  manufacture
process, etc.:
Major materials, parts and components used in imported goods: commodity descriptions, Tarif f
code, price, countries of origin:G/RO/53
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Additional information:
Import plan (expected date and port of importation, etc.):
List of documentation attached:
Information to be treated as confidential and the reason:
Declaration of the Applicant:                                                           Customs of Acceptance: (Seal)
I declare hereby that the information
submitted above is true and without fraud.
           Date of Acceptance:
                                                                                                           Recipient:
Applicant:  (Seal)
Agent for filing:                                                                                 Application No.G/RO/53
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Proclamation of the General Administration of Customs
of the People’s Republic of China
Concerning Change of Rule of Origin for
Import Petroleum Products
October 21, 1993
Based on practice in implementing Provisional Rules of Origin for Imports of the General
Administration of Customs of the People’s Republic of Chin, promulgated in December 1986
(hereinafter referred to as “ Provisional Rules”), the General Administration hereby decides that
Article 4 of Provisional Rules be repealed  which provides that “the country of petroleum products
shall be the country where the products are purchased”. The country of origin of petroleum productsshall thereafter be determined according to the provisions of Articles 2 and 3 of the  Provisional Rules.
Local Customs is authorized to publish and implement the present Proclamation.G/RO/53
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Decree of the General Administration of Customs
of the People’s Republic of China
No. 94
Provisional Rules of Origin of the General Administration of Customs of the People’s
Republic of China for Imports under the  First Agreement on Trade Negotiations among Developing
Member Countries of the Economic and Social Commission for Asia and the Pacific has been
approved by the Working Meeting of the Executives of the General Administration of Customs on
December 25, 2001 and is hereby publicized. The Rules shall come into force on January 1, 2002.
                                                                         Commissioner:  MU Xingsheng
                                                                                                      (Signature)
                                                                                              December 30, 2001G/RO/53
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Provisional Rules of Origin
of the General Administration of Customs
of the People’s Republic of China for Imports
under the First Agreement on Trade Negotiations among Developing Member Countries of the
Economic and
Social Commission for Asia and the Pacific
Article 1 The present Rules are hereby formulated for the purpose of implementation of the
two categories of preferential duty rates on import goods under the First Agreement on Trade
Negotiations among Developing Member Countries of the Economic and Social Commission for Asia
and the Pacific (hereinafter refereed to as “Bangkok Agreement”), i.e. BA rate and SFN (specialfavoured nation) rate (hereinafter referred to as “Bangkok Agreement rates”) provided in the Customs
Import and Export Tariff of the People’s Republic of China,  defining correctly the country of origin of
the goods eligible for the Bangkok Agreement rates.
Article 2 The present Rules are applicable to the specific products (for list of the products see
Customs Import and Export Tariff of the People’s Republic of China)  imported from the Member
States of Bangkok Agreement which have conducted bilateral agreements with China ((hereinafter
refereed to as “beneficiaries”, see Annex I).
Article 3 The country of origin of the import goods eligible for Bangkok Agreement  rates shall
be determined according to the following rules:
1. Goods wholly obtained or produced in a given beneficiary country shall be taken as
originating in that country.
“Goods wholly obtained or produced in a given beneficiary country” means:
(1) Mineral products extracted from its soil or territorial waters of that country;
(2) Vegetable products harvested or gathered in its soil or territorial waters of that country;
(3) Live animals born and raised in that country and products obtained from live animal in that
country;
(4) Products obtained from hunting, trapping or fishing conducted in its soil or territorial waters
of that country;
(5) Products of sea-fishing and other products taken from high sea by a vessel of that country;
(6) Products obtained aboard a factory ship of th at country solely from products of referred to in
paragraph (5) above;
(7) Scrap and waste collected in that country and fit only for the recovery of raw materials;(8) Scrap and waste derived from manufacturing or processing operations in that country;
(9) Goods obtained or produced in that country so lely from the products referred to in paragraphs
(1) to (8).
2. Where a product is not wholly obtained in a beneficiary country and the non-originating
materials, parts or components used in the manufacturing or processing of the product is less than
50% of the FOB value of that product, the country of origin of the product shall be the beneficiary
country where the last manufacturing or processing operation has been carried out.
Article 4 Import goods eligible for Bangkok Agreement rates shall be transported directly into
the Customs territory of the People’s Republic of China from the beneficiary country.
“Direct Transportation”  means any of the following cases:G/RO/53
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(1) The goods have not been transported through the Customs territory of a non-beneficiary
country;
(2) The goods passed through the Customs territory of one or more non-beneficiary country, but
the transit could be justified by the geographical reason and the requirement of transportation,and provided that the goods have not been used, transacted, consumed or otherwise proceed
except simple processing operation in order to load, unload or keep the goods in good
condition for shipment.
When the goods passed through a non-beneficiary country, for application of the Bangkok
Agreement rates the importer shall, upon request of the entry port Customs, submit a certificate or
other documents issued by the Customs of transit proving the facts referred to in the paragraph above.
Article 5 Goods not directly transported into China are not eligible for Bangkok Agreement
rates. The country of origin of  the goods shall be determined by Customs in accordance with relevant
regulations and the applicable duty rate shall be determined  accordingly.
Article 6 Goods shall be supported by a certificate of country of origin issued by the designated
authorities of the beneficiary country to be eligib le for Bangkok Agreement rates. (name of issuing
authorities, signatures, stamps and the format of origin certificate see Annex II).
Where there are reasons to suspect the authenticity of the country of origin or the certificate
of country of origin, Customs may issue duty payment notification which is based on Bangkok
Agreement rates and request a security at a mount equals to the customs duty difference between
MFN rates or current temporary rates and the Bangkok Agreement rates. The security shall be
transferred into customs duty or withdraw as refund on the basis of the facts verified and the duty
rates applicable.
Article 7 When declaring import goods under the Bangkok Agreement, an importer shall
submit to Customs a certificate of origin issued by the designated authorities of the beneficiary
country as attached entry document. In case the importe r failed to produce the certificate of origin, the
country of origin of the goods and the applicable duty rates shall be determined by Customs in
accordance with relevant regulations. If the importer submits the certificate of origin within 90 days
after release of the goods upon payment of duty, Customs shall, upon verification that the goods areeligible for Bangkok Agreement rates, refund the amount  of duty overpaid as a result of application of
the rate at time of release.
Article 8 The goods originated in the least developed beneficiary country (see Annex I) shall
be granted a 10 percent special preference in the application of the percentage specified in Article 3,i.e. the percentage in Article 3 shall be replace by 60%.
Article 9 Importers may apply for pre-determination on the country of origin for import goods.Article 10  Any action in violation of the present Rules shall be dealt with by Custom in
accordance with Customs Law of the People’s Republic of China and Implementing Regulations on
Imposing Administrative Penalties under the Customs Law of the People’s Republic of China.
Article 11 The General Administration of Cu stoms of the People’s Republic of China is
authorized to interpret the present Rules.
Article 12 The present Rules shall come into force on January 1, 2002.G/RO/53
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Annex I
Beneficiary Countries Eligible to Bangkok Agreement Duty Rates
The beneficiary countries eligible to Bangkok Agreement duty rates are Korea, Bangladesh
and Sri Lanka, of which,  Bangladesh is the least developed country.
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