Tiếng Việt| THE MINISTER OF TRADE | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
| No. 3188/2005/QD-BTM | Ha Noi, December 30, 2005 |
DECISION
PROMULGATING AMENDMENTS AND SUPPLEMENTS TO THE REGULATION ON ISSUANCE OF VIETNAMS CERTIFICATE OF GOODS ORIGIN - FORM D TO ENJOY PREFERENCES UNDER THE AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFF (CEPT) SCHEME FOR THE ESTABLISHMENT OF THE ASEAN FREE-TRADE AREA (AFTA)
THE MINISTER OF TRADE
Pursuant to the Governments Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Trade Ministry;
At the proposal of the director of the Import and Export Department,
DECIDES:
Article 1.- To supplement Appendix 8 to the Trade Ministers Decision No. 1420/2004/QD-BTM of October 4, 2004, promulgating the Regulation on issuance of Vietnams certificate of goods origin form D to enjoy preferences under the Agreement on Common Effective Preferential Tariff (CEPT) Scheme for the establishment of the ASEAN Free-Trade Area (AFTA) on the rules of origin applicable to wood and aluminum commodity items.
Article 2.- This Decision takes effect 15 days after its publication in CONG BAO.
Article 3.- The director of the Office, the director of the Organization and Personnel Department, the director of the Import and Export Department, and heads of concerned agencies under the Trade Ministry shall have to implement and guide the implementation of this Decision.
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FOR THE TRADE MINISTER
VICE MINISTER
Phan The Rue
SUPPLEMENT TO APPENDIX 8
(Promulgated together with the Trade Ministers Decision No.3188/2005/QD-BTM of December 30, 2005)
RULES OF ORIGIN FOR THE CEPT AGREEMENT APPLICABLE TO WOOD AND ALUMINUM COMMODITY ITEMS SUBSTANTIAL TRANSFORMATION CRITERION
A. GENERAL REGULATIONS:
Rule 1: A country of origin is where the last stage of substantial transformation is carried out to create a new product. Raw materials and auxiliary materials which have undergone the substantial transformation in a country shall be considered product of that country.
Rule 2: For a product, of which the manufacturing process takes place in two or more countries, its country of origin shall be where the substantial transformation or the processing for creation of a new product occurs.
Rule 3: A product shall be considered having been substantially transformed if it has been changed through the manufacturing or processing process for creation of a new commercial product.
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(i) Its commercial nature or design
(ii) Its substantial characteristics
(iii) Its commercial utilities
B. FOR WOOD PRODUCTS:
1. Wood products governed by this regulation mean those under the following HS codes:
(i) HS codes in Chapter 44
(ii) HS codes from 94.01 to 94.03 and 94.06
2. When wood products are decided to have been substantially transformed or not, the following conditions must be complied with:
2.1. Substantial changes made to raw materials in the manufacturing or processing process shall adhere to the principle of change of subheadings in the Tariff (6-digit HS codes).
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2.2.1: Being planed, cut into pieces, polished or dressed with accessories, such as decoration fabric; or
2.2.2. Coated and/or painted with chemicals or natural substances.
C. For aluminum products, the following substantial transformation criteria must be satisfied:
Chapter 76
ALUMINUM AND ARTICLES THEREOF
Headings/
Sub-headings
Description of commodities
Transformation criteria
76.01
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Change of chapter (CC) (obtained from 26.06)
7601.10
- Aluminum, not alloyed
7601.20
- Aluminum alloys
76.02
Aluminum waste and scrap
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76.03
Aluminum powders and flakes
Change to heading (CTH)
7603.10
- Powders of non-lamellar structure
7603.20
- Powders of lamellar structure; flakes
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Aluminum bars, rods and profiles
Change to heading (CTH)
7604.10
- Of aluminum, not alloyed
- Of aluminum alloys
7604.21
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7604.29
- - Other:
76.05
Aluminum wire
Change to heading (CTH), except for 76.04
- Of aluminum, not alloyed:
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7605.11
- - Of which the maximum cross-sectional dimension exceeds 7 mm
7605.19
- - Other
- Of aluminum alloy:
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- - Of which the maximum cross-sectional dimension exceeds 7 mm
7605.29
- - Other:
76.06
Aluminum plates, sheets and strips, of a thickness exceeding 0.2 mm
Change to heading (CTH)
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7606.11
- - Of aluminum, not alloyed
7606.12
- - Of aluminum alloys
- Other:
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7606.91
- - Of aluminum, not alloyed
7606.92
- - Of aluminum alloys
76.07
Aluminum foils (whether or not printed or backed with paper, paperboard, plastics or similar backing materials), of a thickness (excluding any backing) not exceeding 0.2 mm
Change to heading (CTH) (except for headings from 76.06 thru 76.16)
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- Not backed
7607.11
- - Rolled but not further worked
7607.19
- - Other
7607.20
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76.08
Aluminum tubes and pipes
Change to heading (CTH)
7608.10
- Of aluminum, not alloyed
7608.20
- Of aluminum alloys
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76.09
Aluminum tube or pipe fittings (for example, couplings, elbows, sleeves)
Change to heading (CTH)
76.10
Aluminum structures (excluding prefabricated house structures of heading No. 94.06) and parts of structures (for example, bridges and bridge spans, sluice gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and threshold for doors, balustrades, railings, pillars and columns); aluminum plates, rods, profiles, tubes and the like, prepared for use in structures
Change to heading (CTH)
7610.10
- Doors, windows and their frames and thresholds for doors
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- Other
76.11
Aluminum reservoirs, tanks, vats and similar containers, for any material (other than compressed or liquefied gas), of a capacity exceeding 300 liters, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment
Change to heading (CTH)
76.12
Aluminum casks, drums, cans, boxes and similar containers (including rigid or collapsible tubular containers), for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 liters, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment
Change to heading (CTH)
7612.10
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7612.90
- Other
76.13
Aluminum containers for compressed or liquefied gas
Change to heading (CTH)
76.14
Stranded wire, cables, plaited bands and the like, of aluminum, not electrically insulated
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7614.10
- With steel core
7614.90
- Other
76.15
Table, kitchen or other household articles and parts thereof, of aluminum; pot scourers and scouring or polishing pads, gloves and the like, of aluminum; sanitary ware and ports thereof, of aluminum
Change to heading (CTH)
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- Table, kitchen or other household articles and parts thereof, of aluminum, gloves and the like
7615.11
- - Pot scourers and scouring or polishing pads, gloves and the like
7615.19
- - Other
7615.20
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76.16
Other articles of aluminum
Change to heading (CTH)
7616.10
- Nails, tacks, staples (other than those of heading No. 83.05), screws, bolts, nuts, screw hooks, rivets, cotters, cotter-pins, washers and the like:
- Other
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7616.91
- - Cloth, grill, netting and fencing, of aluminum wire
7616.99
- - Other
D. CERTIFICATE OF ORIGIN:
Procedures for issuing certificate of origin, form D used for the CEPT/AFTA origin regulation are provided for in Appendix 2 to the Trade Ministers Decision No. 1420/2004/QD-BTM of October 4, 2004.
Certificate of origin
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Rule 6: When two or more countries are involved in the manufacturing process to create the aforesaid products, the country where the last stage of substantial transformation or processing takes place shall issue certificates of origin.
Rule 7: Certificates of origin must be produced at customs authorities of countries of importation together with other relevant documents.
Rule 8: When a dispute arises over the truthfulness of ASEAN origin, it shall be settled according to the ASEANs dispute settlement mechanism (DSM). In this case, customs offices shall clear goods suspected of origin truthfulness after the importer supplies to the customs a written certification of the country of exportation.