   
  
WT/REG457/3  
 
3 April  2024 
(24-2394) Page: 1/3 
Committee on Regional Trade Agreements  Original: English  
 
 
ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) TRADE IN GOODS AGREEMENT 
(ATIGA)  
QUESTIONS AND REPLIES  
The following communication, dated 3 April  2024, is being circulated at the request of the delegations 
of the ASEAN Member States  (Brunei Darussalam, Cambodia, Indonesia, Lao People's Democratic 
Republic ( PRD), Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam) . 
 
_______________  
 
 
Question s from Japan  
 
Provisions on trade in goods  
 
Rules of origin  
 
1.1.  Paragraph  3.15 b.: May we ask how often this partial cumulation has been utilized in 
trades under ATIGA? For what type of the products this partial cumulation rule is often 
used? How the customs authority of importing country examines and verifies the accuracy 
of the cumulations during the customs clearance in accordance with this partial 
cumulation rule?  
Response from Myanmar  
 
Response from Ministry of Commerce, Department of Trade (Certificate of Origin –CO Issuing 
Authority)  
 
The Application of Partial Cumulati on under the ASEAN Trade in Goods Agreement ATIGA  
 
 The Chapter 3, Rules of Origin, of the ASEAN Trade in Goods Agreement (ATIGA) stipulates 
the cumulation provision under Article 30, Accumulation. The partial cumulation is under paragraph 
2 of Article 30  of ATIGA. The implementing guidelines for partial cumulation under Article 30 (2) are 
set out in Annex 6.  
 
 The current ATIGA Chapter on Rules of Origin allows for partial cumulation. Specifically, if the 
RVC of the material is less than forty percent (4 0%), the qualifying ASEAN Value Content to be 
cumulated using the RVC criterion shall be in direct proportion to the actual domestic content 
provided that it is equal to or more than twenty percent (20%).  
 
 As the CO Issuing Authority of Myanmar, the Minis try of Commerce, has very few experiences 
in partial cumulation. It is noted that the cumulative provision is low utilized by businesses. We 
would like to provide the application of partial cumulation example as follows:  
 
 The finished good of the Wiring h arnesses for motor vehicles (HS 8544.30.12) under 
Chapter  85 (Electrical machinery and equipment and parts)is applied under partial cumulation.  
 
 
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  Response from Ministry of Planning and Finance, Department of Customs (Certificate of Origin –CO 
Receiving A uthority)  
 
 For receiving the CO Form concerned with Partial Communication, Customs Department has 
verified the percentage of raw materials of the member countries in the detail ingredient list. We 
calculate the percentage of raw materials of the CO of is suing country and verify whether it is covered 
or not in accordance with the provisions of Cumulation in ATIGA.  
 
Regulatory provisions on trade in goods  
 
Customs -related procedures and trade facilitation  
 
1.2.  Paragraph 3.41 Table 3.2: Summary of Customs proced ures 
Footnote 23 
AFTA_Annex8_Operational_Certificat ion_Procedures_for_the_Rules_of_Origin_under_C
hap3.pdf (enterprisesg.gov.sg)  
 
 We understand that ATIGA allows to utilize not only CO issued on paper but also CO 
issued on electronic format. Have all 10 ASEAN members been  ready to issue and receive 
CO on electronic format?  
 
Response from Ministry of Commerce, Department of Trade (Certificate of Origin –CO Issuing 
Authority)  
e-ATIGA Data Exchange among ASEAN Member States  
 
 Under the live operation of the ASEAN Single Win dow, a Form D which is issued under ATIGA 
and is electronically transmitted (ATIGA e -Form D) from one Member State to any of the other 
ASEAN Member States for preferential tariff treatment. The full live operation has been operated on 
December 30, 2019. St arting from 1st January, 2024, the all AMS are encouraged to fully implement 
the e-ATIGA data exchange.  
 
Customs -related procedures and trade facilitation  
 
1.3.  Paragraph 3.44 c.: You listed "c. encouraging the establishment of mechanisms for 
clearance of expr ess consignments" as one of the disciplines which go beyond those of 
the TFA. Please tell which article set the related rule, as we could not locate it. Also please 
explain with concrete elements what sense ATIGA goes beyond TFA in terms of the 
mechanism f or clearance of express consignments.  
Response from Ministry of Planning and Finance, Department of Customs  
 
 The Customs Department is implementing in accordance with the provisions of WTO TFA 
Article 8 regarding Express Consignments under the Customs -related procedures and trade 
facilitation. The Definitive Date on this matter is 31 -12-2016.  
 
Question s from the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu  
 
Provisions on trade in goods  
Regulatory provisions on trade in goods  
Standards  
 
Technical barriers to trade  
 
1.4.  Paragraph  3.28: While neither harmonization nor mutual recognition are made 
mandatory under the  Agreement, they are however encouraged. In that context:  
a. harmonized regulatory regimes are in force for medical devices, electrical  and 
electronic  equipment  and cosmetics  (since  2015,  2012  and 2003 respectively);  
b. MRAs are in force for electrical and electronic equipment; good manufacturing 
practice inspection of manufactur ers of medicinal products; bioequivalence WT/REG457/3  
 
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  study reports of generic medicinal products; inspection and certification systems 
on food hygiene for prepared foods stuff products; and on type approval for 
automotive products;  
c. for products under a. and b. above,  mutual recognition of the results of 
conformity assessment issued by accredited bodies is in place;  
No response provided.  
 
 We note that Article 3.1 of the ASEAN Sectoral MRA  for E&E products states that the 
Parties will accept test reports and certificat ions issued by testing laboratories and 
certification bodies of the other Parties. To our knowledge, the conformity assessment 
procedures for regulated E&E products require factory inspections in a number of ASEAN 
members. Does the mutual recognition of co nformity assessment results issued by 
accredited  bodies,  as mentioned  in paragraph  (c), include  the recognition of factory 
inspection reports? If  so, who  conducts  the factory inspections?  
 
General provisions of the agreement  
Other provision  
Flexibility  and capacity  building  
 
1.5.  Paragraph  4.37: In addition it foresees programmes aimed at strengthening Parties' 
domestic capacity. These include a work plan under the Initiative for ASEAN Integration 
and other capacity building initiatives.  
What  capacity  building programs  are currently  being  carried  out within ASEAN, 
particularly, those regarding supply chain resilience, trade facilitation, etc.? Have third 
countries been invited to partici pate and provide assistance?  
 
No response provided.  
 
 
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