China: New procedures for managing Certificates of Origin on exports
Date of publication: August 15th, 2024
On July 30, 2024, the General Administration of Customs of the People’s Republic of China announced Customs Decree No. 270, effective from September 1, 2024. It details the procedures and responsibilities for managing certificates of origin, which confirm that goods exported from China originate within its territory. The General Administration of Customs oversees the process, while local trade promotion agencies handle the visa processing. The measures include application procedures, review timelines, issuance, re-issuance, and changes to certificates. They also cover origin verification, supervision, and management, ensuring compliance with relevant laws and regulations. The document specifies different types of certificates, such as non-preferential, Generalized System of Preferences (GSP), and regional preferential certificates of origin. It emphasizes the importance of maintaining records and outlines penalties for violations. The measures replace previous regulations and are intended to streamline and standardize the certification process.
What does this decree include?
This Customs Decree consists of six chapters. Here is a summary of each chapter's contents:
Chapter 1: General provisions
- Purpose: Regulate visa management of certificates of origin for export goods.
- Legal Basis:Customs Law, Import and Export Commodity Inspection Law, and related regulations.
- Scope: Applies to non-preferential, GSP, and regional preferential certificates of origin.
- Management: The General Administration of Customs oversees nationwide; local trade promotion agencies handle visa processing.
Chapter 2: Application, review, and issuance of Certificate of Origin
- Application: Consignors and manufacturers can apply directly or through an agent.
- Requirements: Fill in application information, and submit commercial invoices, and other proof of origin.
- First-time Applicants: Provide the enterprise's unified social credit code and English name.
- Application Timing: Before or at the time of shipment.
- Review Process: Issuing agency reviews within 2 working days.
- Inform the applicant if additional information is needed.
- Issue certificate if all requirements are met.
- Deny certificate if rules of origin are not met, with reasons provided.
- Electronic Issuance: Use of electronic signatures and seals permitted.
- Record Keeping: Copies of certificates and application materials kept for 3 years.
Chapter 3: Reissue, reissuance, and change of Certificate of Origin
- Reissue: Apply within 1 year of shipment; submit shipping documents.
- Certified True Copy: Apply if the original certificate is lost or damaged.
- Changes: Apply within the validity period; provide supporting materials if needed.
- Review Time: The issuing agency completes the review within 2 working days.
- Validity: Certificates valid for one year from issuance; reissued certificates valid from shipment date.
Chapter 4: Origin verification
- Verification Methods: Submit additional information, review contracts/invoices, on-site verification.
- Cooperation: Applicants must cooperate with verification.
- External Requests: Handle requests from importing countries' authorities.
Chapter 5: Supervision and management
- Supervision: General Administration of Customs supervises issuance.
- External Filing: The General Administration of Customs shall be responsible for external filing of visa agencies' information.
- Blank Certificates: Visa agencies manage their blank certificates.
- Statistics: The General Administration of Customs and visa agencies handle statistics.
- Confidentiality: Staff must keep commercial secrets and personal information confidential.
- Violations: Handled by Customs according to laws and regulations.
Chapter 6: supplementary provisions
- Definitions: Clarifies terms like non-preferential, GSP, and regional preferential certificates of origin.
- Special Certificates: Managed according to these Measures.
- Free Trade Agreements: Special provisions in agreements prevail.
- Interpretation: The General Administration of Customs is responsible for interpretation.
- Effective Date: Measures effective from September 1, 2024.
The "Measures for the Administration of Non-Preferential Certificate of Origin of the People's Republic of China" promulgated by Decree No. 114 of the former General Administration of Quality Supervision, In-spection and Quarantine on June 14, 2009, and amended in accordance with Decree No. 184 of the for-mer General Administration of Quality Supervision, Inspection and Quarantine on October 18, 2016, De-cree No. 238 of the General Administration of Customs on April 28, 2018, and Decree No. 240 of the General Administration of Customs on May 29, 2018 shall be repealed at the same time.For more information on how ONESOURCE Global Trade Solutions can assist you with managing global trade compliance, please contact your Account Manager or Client Services Manager.