ANNEX 3-A. Certificate of origin
(SAMPLE ONLY- ORIGINALS TO BE SUPPLIED BY AUTHORISED BODIES)
Certificate No.:
CERTIFICATE OF ORIGIN
Form for China - Australia Free Trade Agreement
Issued in: _______________
1. Exporter's name, address and country:
2. Producer's name and address (if known):
3. Importer's name, address and country (if known):
For official use only:
4. Means of transport and route (if known)
Departure date:
Vessel/Flight/Train/Vehicle No.:
Port of loading:
Port of discharge:
5. Remarks:
6. Item number (max. 20)
7. Marks and numbers on packages (optional)
8. Number and kind of packages; description of goods
9. HS code (6-digit code)
10. Origin criterion
11.Gross or net weight or other quantity (e.g. Quantity Unit, litres, m3.)
12. Invoice number and date
13. Declaration by the exporter or producer
The undersigned hereby declares that the above-stated information is correct and that the goods exported to (importing Party) comply with the origin requirements specified in the China-Australia Free Trade Agreement.
Place, date and signature of authorised person.
14. Certification
On the basis of the control carried out, it is hereby certified that the information herein is correct and that the described goods comply with the origin requirements of the China- Australia Free Trade Agreement.
Place, date, and signature and stamp of the Authorised Body
Tel: Fax:
Address:
Overleaf Instruction
Box 1: State the full legal name and address of the exporter in Australia or China.
Box 2: State the full legal name and address (including country) of the producer, if known. If more than one producer's good is included in the certificate, list the additional producers, including names and addresses (including country). If the exporter or the producer wish the information to be confidential, it is acceptable to state "Available to the competent authority or authorised body upon request". If the producer and the exporter are the same, please complete the box with "SAME". If the producer is unknown, it is acceptable to state "UNKNOWN".
Box 3: State the full legal name and address of the importer in Australia or China, if known.
Box 4: Complete the means of transport and route and specify the departure date, transport vehicle number, and port of loading and discharge, if known.
Box 5: The Customer's Order Number, Letter of Credit Number, among others, may be included. If the invoice is issued by a non-Party operator, information such as the name, address and country of the operator issuing the invoice shall be indicated herein.
Box 6: State the item number; item number shall not exceed 20.
Box 7: State the shipping marks and numbers on packages, when such marks and numbers exist.
Box 8: The number and kind of packages shall be specified. Provide a full description of each good. The description should be sufficiently detailed to enable the products to be identified by the Customs Officers examining them and relate it to the invoice description and to the HS description of the good. If the goods are not packed, state "in bulk". When the description of the goods is finished, add "***" (three stars) or " \ " (finishing slash).
Box 9: For each good described in Box 8, identify the HS tariff classification (a six-digit code).
Box 10: For each good described in Box 8, state which criterion is applicable, according to the following instructions.
The rules of origin are contained in Chapter 3 (Rules of Origin and Implementation Procedures) and Annex II (Product Specific Rules of Origin) of the China-Australia Free Trade Agreement.
| Origin Criterion | Insert in Box 10 |
| The good is “wholly obtained” in the territory of a Party in accordance with Article 3.3 (Wholly Obtained Goods). | WO |
| The good is produced entirely in the territory of one or both Parties, exclusively from materials whose origin conforms to the provisions of Chapter 3 (Rules of Origin and Implementation Procedures). | WP |
| The good is produced in the territory of one or both Parties, using non-originating materials that comply with the applicable product specific rule; and meets the other applicable provisions of Chapter 3 (Rules of Origin and Implementation Procedures). | PSR |
Box 11: State gross or net weight in kilograms or other units of measurement for each good described in Box 8. Other units of measurement (e.g. volume or number of items) which would indicate exact quantities may be used where customary.
Box 12: The invoice number and date should be shown here.
Box 13: The box must be completed by the exporter or producer. Insert the place, date and the signature of a person authorised by the exporter or producer.
Box 14: The box must be completed, signed, dated and stamped by the authorised person of the authorised body. The telephone number, fax and address of the authorised body should be given
(SAMPLE ONLY- ORIGINALS TO BE SUPPLIED BY AUTHORISED BODIES)
Continuation Sheet Certificate of Origin — Form for China-Australia Free Trade Agreement Certificate No.:
6. Item number (max. 20)
7. Marks and numbers on packages (Optional)
8. Number and kind of packages; description of goods
9. HS code (6-digit code)
10. Origin criterion
11. Gross or net weight or other quantity (e.g. Quantity Unit, litres, m3.)
12. Invoice number and date
13. Declaration by the exporter or producer
The undersigned hereby declares that the above- stated information is correct and that the goods
(Importing Party)
comply with the origin requirements specified in the China-Australia Free Trade Agreement.
Place, date and signature of authorised person.
14. Certification
On the basis of the control carried out, it is hereby certified that the information herein is correct and that the described goods comply with the origin requirements of the China-Australia Free Trade Agreement.
Place, date, and signature and stamp of the Authorised Body
Tel: Fax:
Address:
ANNEX 3-B. Declaration of origin china-australia free trade agreement
On behalf of
, being the (print exporter's or producer's name and address) EXPORTER / PRODUCER / EXPORTER AND PRODUCER, (strike out those which do not apply) Thereby declare that the goods described below are originating goods from AUSTRALIA / CHINA (strike out that which does not apply)
in accordance with the rules of origin requirements of the China-Australia Free Trade Agreement. I am legally responsible for the truthfulness and authenticity of what is declared in this document.
Item N° | Description of goods | Harmonised system code six (6) digits| Number and date of invoice | Reference number of advance ruling | Origin-conferring criteria
Signature:
Name:
Position:
Date: Note: This declaration must be printed and presented as a separate document accompanying the commercial invoice. The maximum number of items covered by this declaration should not exceed 20.
Chapter 4. Customs Procedures and Trade Facilitation
Article 4.1. Scope
This Chapter applies to customs procedures applied to the goods traded and to the movement of means of transport between the Parties.
Article 4.2. Definitions
For the purposes of this Chapter:
(a) customs administration means:
(i) in relation to Australia, the Australian Customs and Border Protection Service or its successor; and
Gi) in relation to China, the General Administration of Customs;
(b) customs laws means the statutory, regulatory and administrative provisions relating to the importation, exportation, movement or storage of goods, the administration or enforcement of which are specifically charged to the customs administration, and any regulations made by the customs administration under its statutory powers; and
(c) customs procedures means the treatment applied by the customs administration of each Party.
Article 4.3. Customs Procedures and Facilitation
1. Each Party shall ensure that its customs procedures conform, where possible and to the extent permitted by its laws, regulations, and, where applicable, administrative rules or procedures, to international standards and recommended practices established by the World Customs Organization.
2. Each Party shall ensure that its customs procedures:
(a) are administered in an impartial, uniform and reasonable manner; and
(b) avoid arbitrary and unwarranted procedural obstacles.
3. The customs administration of each Party shall periodically review its customs procedures with a view to exploring options for their simplification and the enhancement of mutually beneficial arrangements to facilitate international trade.
4. Each Party shall ensure that goods are released within a time period no longer than that required to ensure compliance with its customs laws.
Article 4.4. Cooperation
1. To the extent permitted by their laws and regulations, the customs administrations of both Parties shall endeavour to assist each other, in relation to:
(a) the implementation and operation of this Chapter; and
(b) such other issues as the Parties mutually determine.
2. Each Party shall endeavour to provide the other Party with timely notice of any significant modification of its customs laws or customs procedures that are likely to substantially affect the operation of this Agreement.
Article 4.5. Risk Management
Each Party shall work to further enhance the use of risk management techniques in the administration of its customs procedures so as to facilitate the clearance of low- tisk goods and allow resources to focus on high-risk goods.
Article 4.6. Application of Information Technology
1. Each Party shall apply information technology to support customs operations, where it is cost-effective and efficient, particularly in the paperless trading context, taking into account developments in this area within relevant international organisations, including the World Customs Organization.
2. The customs administration of each Party shall endeavour to establish as soon as ptacticable an electronic means for communication of relevant information required by it and other relevant, trade-related agencies to facilitate the international movement of goods and means of transport.
3. The introduction and enhancement of information technology shall, to the greatest extent possible, be carried out in consultation with relevant parties, including businesses directly affected.
Article 4.7. Transparency
1. Each Party shall promptly publish, including on the internet, its laws, regulations and, where applicable, administrative rules or procedures of general application relevant to trade in goods between the Parties.
2. Each Party shall designate one or more enquiry points to address enquiries from interested persons on customs matters, and shall make available on the internet information concerning procedures for making such enquiries.
3. To the extent practicable and in a manner consistent with its laws and regulations, each Party shall publish, in advance on the internet, draft laws and regulations of general application relevant to trade between the Parties, with a view to affording the public, especially interested persons, an opportunity to provide comment.
4. Each Party shall ensure, to the extent possible, that a reasonable interval is provided between the publication of new or amended laws and regulations of general application relevant to trade between the Parties and their entry into force.
5, Each Party shall administer, in a uniform, impartial and reasonable manner, its laws and regulations of general application relevant to trade between the Parties.
Article 4.8. Review and Appeal
Each Party shall ensure the availability of processes for administrative and judicial review of decisions taken by its customs administration. Such review shall be independent from the official or office that made the decision.
Article 4.9. Advance Rulings
1. Each Party shall provide for written advance rulings to be issued to a person described in paragraph 2(a) concerning tariff classification, whether a good is originating under this Agreement, and other matters the Parties may agree.
2. Each Party shall adopt or maintain procedures for issuing written advance rulings, which shall:
(a) provide that an exporter, importer or any person with a justifiable cause, or a representative thereof, may apply for an advance ruling. A Party may require that an applicant have legal representation or registration in its territory;
(b) include a detailed description of the information required to process a request for an advance ruling;
(c) allow its customs administration, at any time during the course of an evaluation of an application for an advance ruling, to request that the applicant provide additional information necessary to evaluate the tequest;
(d) ensure that an advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information in the possession of the decision-maker; and
(e) provide that the ruling be issued, in the national language of the issuing customs administration, to the applicant expeditiously within 60 days on receipt of all necessary information.
3. A Party that declines to issue an advance ruling shall promptly notify the applicant in writing, setting forth the basis for its decision to decline to issue the advance ruling.
4. A Party may reject requests for an advance ruling where the additional information requested by it in accordance with paragraph 2(c) is not provided within the specified period.
5. Each Party shall endeavour to make information on advance rulings which it considers to be of significant interest to other traders publicly available, taking into account the need to protect confidential information.
6. Subject to paragraph 7, each Party shall apply an advance ruling to importations into its territory through any port of entry for three years or such longer period as a Party may decide, beginning on the date it issues the ruling or on any other date specified in the ruling. The Party shall ensure the same treatment of all importations of a good subject to the ruling during the validity period regardless of the importer or exporter involved, where the facts and circumstances are identical in all material respects.
7. A Party may modify or revoke an advance ruling, consistent with this Agreement, where:
(a) there is a change in its laws or regulations;
(b) incorrect information is provided or relevant information is withheld;
(c) there is a change in a material fact; or
(d) there is a change in the circumstances on which the ruling was based.
Article 4.10. Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties. This paragraph shall not require a Party to release a good where its requirements for release have not been met.
2. In accordance with paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods as rapidly as possible after arrival, provided all other regulatory requirements have been met; and
(b) as appropriate, provide for advance electronic submission and processing of information before the physical arrival of goods with a view to expediting the release of goods.
3. Each Party shall endeavour to adopt and maintain a system under which goods in need of urgent clearance can obtain prompt customs clearance.
Article 4.11. Perishable Goods
1. With a view to preventing avoidable loss or deterioration of perishable goods, and provided all regulatory requirements have been met, each Party shall:
(a) provide for the release of perishable goods under normal circumstances within the shortest possible time; and
(b) provide for the release of perishable goods, in exceptional circumstances where it would be appropriate to do so, outside the business hours of its customs administration and other relevant authorities.
2. Each Party shall give appropriate priority to perishable goods when scheduling any examinations that may be required.
3. Each Party shall either arrange, or allow an importer to arrange, for the proper storage of perishable goods pending their release. Each Party may require that any storage facilities arranged by the importer have been approved or designated by its relevant authorities. The movement of the goods to those storage facilities, including authorisations for the operator moving the goods, may be subject to the approval, where required, of the relevant authorities. Each Party shall, where practicable and consistent with its laws, on request of the importer, provide for any procedures necessary for release to take place at those storage facilities.
Article 4.12. Temporary Admission of Goods
1. Each Party shall allow, as provided for in its laws and regulations, goods to be brought into its territory conditionally relieved, totally or partially, from payment of import duties and taxes if such goods:
(a) are brought into its territory for a specific purpose;
(b) are intended for re-exportation within a specific period; and
(c) have not undergone any change except normal depreciation and wastage due to the use made of them.
2. A Party shall not apply any import duties or taxes on containers, pallets or packing material used in the transportation of goods.
Article 4.13. Acceptance of Copies
1. Each Party shall, where appropriate, endeavour to accept paper or electronic copies of supporting documents required for imported goods.
2. A Party shall not require an original or copy of export declarations submitted to the customs administration of the exporting Party as a requirement for importation.