Regulations of the People's Republic of China on Imports and Exports Place of Origin

Regulations of the People's Republic of China on Imports and Exports Place of Origin

Order of the State Council [2004] No. 416

September 3, 2004

Regulations of the Origin of Imported - Exported Goods of PRC were adopted by 61st Standing Conference of the State Council on August 18, 2004. The said Regulations are hereby promulgated and come into effect as of January 1, 2005.

Wen Jiabao, Premier of the State Council

Regulations of the Origin of Imported - Exported Goods of PRC
　
Article 1 The Regulations are formulated for the purposes of determining correctly the origin of imported - exported goods, implementing all kinds of trade measures and promoting the development of foreign trade.
　
Article 2 The said Regulations apply to non-preferential trade measures, such as implementing most-favoured-nation treatment, anti-dumping and anti-subsidy, safeguarding measures, management of origin mark, limit on countries and tariff quota, and determining the origin of imported - exported goods by government purchasing and trade statistics.
The said Regulations do not apply to the determination of origin of imported and exported goods in implementing preferential trade measures. The concrete measures will be formulated later in accordance with the international treaties and agreements the People's Republic of China has concluded or taken part in.
　
Article 3 If the goods are purchased in only one country (region), this country (region) is determined as the origin. If the goods are produced in more than two countries (regions), the country (region) that makes final substantive changes is determined as the origin.
　
Article 4 The goods obtained in only one country referred to in Article 3 of these Regulations mean:
1. The animals born and raised in the country (region);
2. The animals captured, fished and collected in the field of the country (region);
3. Unprocessed goods of live animals obtained in the country (region);
4. Plants and the products of plants harvested in the country (region);
5. The minerals excavated in the country (region);
6. Other natural goods obtained in the country (region) except for the goods mentioned in item 1 to 5 of this Article;
7. The waste and scrap materials produced by production that have to be thrown aside or collected as materials in the country (region);
8. The goods collected in the country (region) that can't be restored or repaired, or the parts or materials recycled from the goods;
9. Aquatic animals and other goods obtained by the ships with the flag of the country legally in the sea area outside its territorial waters;
10. The products obtained from processing the goods listed in item 9 of this Article in the processing ship which flies a flag of the country legally;
11. The goods obtained from the seabed or subsoil of seabed outside the territory sea where the country has special rights of excavation;
12. The products produced from the goods listed in item 1 to 11 of this Article in the country (region).
　
Article 5 When the goods are determined whether they are obtained in only one country (region), following little processing or treatment is not considered:
1.
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