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2021-02-22 15:20
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2021年2月22日发(作者:salsa)


Agreement on Rules of Origin



Members,















Noting


that Ministers on 20


September


1986


agreed that the Uruguay Round of Multilateral Trade Negotiations shall


aim


to


“bring


about


further


liberalization


and


expansion


of


world


trade”,


“strengthen


the


role


of


GATT”


and


“increase


the


responsiveness


of


the


GATT system to the evolving international economic environment”;
















Desiring


to further the objectives of


GATT


1994;













Recognizing


that clear and predictable rules of


origin


and


their


application


facilitate


the


flow


of


international


trade;















Desiring


to ensure that rules of origin


themselves do not create unnecessary obstacles to trade;














Desiring


to ensure that rules of origin do not


nullify or impair the rights of Members under GATT


1994;














Recognizing


that it is desirable to provide


transparency of laws, regulations, and practices regarding rules of


origin;















Desiring


to ensure that rules of origin are


prepared and applied in an impartial, transparent, predictable,


consistent and neutral manner;















Recognizing



the


availability


of


a


consultation


mechanism and procedures for the speedy, effective and equitable


resolution of disputes arising under this Agreement;














Desiring


to harmonize and clarify rules of


origin;













Hereby


agree


as follows:



Part I: Definitions and Coverage


Article 1: Rules of Origin


back to top




1.









For the purposes of Parts I to IV of this Agreement,


rules of origin shall be defined as those laws, regulations and


administrative determinations of general application applied by any


Member to determine the country of origin of goods provided such rules


of origin are not related to contractual or autonomous trade regimes


leading


to


the


granting


of


tariff


preferences


going


beyond


the


application


of paragraph 1 of Article


I of GATT


1994.


2.









Rules of origin referred to in paragraph


1 shall


include all rules of origin used in non-preferential commercial policy


instruments, such as in the application of:


most-favoured- nation


treatment under Articles


I, II, III, XI and XIII of


GATT


1994;


anti- dumping and countervailing duties under Article


VI


of GATT


1994;


safeguard measures under Article


XIX of


GATT


1994;


origin marking requirements under Article


IX of


GATT


1994;


and


any


discriminatory


quantitative


restrictions


or


tariff


quotas.


They shall also include rules of origin used for government


procurement and trade statistics.(


1


)



Part II: Disciplines to Govern the Application of Rules


of Origin


Article 2:


Disciplines


During


the


Transition


Period


back to top




Until


the


work


programme


for


the


harmonization


of


rules


of


origin


set


out


in Part


IV is completed, Members shall ensure that:


(a)








when they issue administrative determinations of


general application, the requirements to be


fulfilled are clearly


defined. In particular:




(i)







in cases where the criterion of change


of tariff


classification is applied, such a rule of origin, and any exceptions to


the rule, must clearly specify the subheadings or headings within the


tariff nomenclature that are addressed by the rule;




(ii)







in


cases


where


the


ad


valorem


percentage


criterion


is


applied, the method for calculating this percentage shall also be


indicated in the rules of origin;




(iii)






in cases where the criterion of manufacturing or


processing


operation


is


prescribed,


the


operation


that


confers


origin


on


the good concerned shall be precisely specified;




(b)








notwithstanding the measure or instrument of


commercial


policy


to


which


they


are


linked,


their


rules


of


origin


are


not


used as instruments to pursue trade objectives directly or indirectly;




(c)








rules of origin shall not themselves create


restrictive, distorting, or disruptive effects on international


trade.


They shall not pose unduly strict requirements or require the


fulfilment of a certain condition not related to manufacturing or


processing, as a prerequisite for the determination of the country of


origin.


However, costs not directly related to manufacturing or


processing may be included for the purposes of the application of an


ad


valorem percentage criterion consistent with subparagraph


(a);




(d)








the rules of origin that they apply to imports and


exports are not more stringent than the rules of origin they apply to


determine whether or not a good is domestic and shall not discriminate


between other Members, irrespective of the affiliation of the


manufacturers of the good concerned (


2


)




(e)








their


rules


of


origin


are


administered


in


a


consistent,


uniform, impartial and reasonable manner;




(f)








their rules of origin are based on a positive


standard.


Rules of origin that state what does not confer origin


(negative standard) are permissible as part of a clarification of a


positive standard or in individual cases where a positive determination


of origin is not necessary;




(g)








their laws, regulations, judicial decisions and


administrative


rulings


of


general


application


relating


to


rules


of


origin


are published as if they were subject to, and in accordance with, the


provisions of paragraph 1 of Article X of GATT


1994;




(h)








upon


the


request


of


an


exporter,


importer


or


any


person


with


a


justifiable


cause,


assessments


of


the


origin


they


would accord


to


a


good


are


issued


as


soon


as


possible


but


no


later


than


150


days(


3


)


after


a


request


for


such


an


assessment


provided


that


all


necessary


elements


have


been


submitted.


Requests


for


such


assessments


shall


be


accepted


before


trade


in


the


good


concerned


begins


and


may


be


accepted


at


any


later


point


in time.


Such assessments shall remain valid for three years provided


that


the


facts


and


conditions,


including


the


rules


of


origin,


under


which


they have been made remain comparable.


Provided that the parties


concerned are informed in advance, such assessments will no longer be


valid when a decision contrary to the assessment is made in a review as


referred


to


in


subparagraph


(j).


Such


assessments


shall


be


made


publicly


available subject to the provisions of subparagraph


(k);




(i)









when


introducing


changes


to


their


rules


of


origin


or


new rules of origin, they shall not apply such changes retroactively as


defined in, and without prejudice to, their laws or regulations;




(j)







any


administrative


action


which


they


take


in


relation


to


the


determination


of


origin


is


reviewable


promptly


by


judicial,


arbitral


or administrative tribunals or procedures, independent of the authority


issuing


the


determination,


which


can


effect


the


modification


or


reversal


of the determination;




(k)







all information that is by nature confidential or that


is provided on a confidential basis for the purpose of the application


of


rules


of


origin


is


treated


as


strictly


confidential


by


the


authorities


concerned, which shall not disclose it without the specific permission


of the person or government providing such information, except to the


extent


that


it


may


be


required


to


be


disclosed


in


the


context


of


judicial


proceedings.



Article 3:


Disciplines


after


the


Transition


Period


back to top




Taking


into


account


the


aim


of


all


Members


to


achieve,


as


a


result


of


the


harmonization work programme set out in Part


IV, the establishment of


harmonized


rules


of


origin,


Members


shall


ensure,


upon


the


implementation


of the results of the harmonization work programme, that:


(a)







they apply rules of origin equally for all purposes as


set out in Article


1;




(b)








under their rules of origin, the country to be


determined


as


the


origin


of


a


particular


good


is


either


the


country


where


the good has been wholly obtained or, when more than one country is


concerned in the production of the good, the country where the last


substantial transformation has been carried out;




(c)








the rules of origin that they apply to imports and


exports are not more stringent than the rules of origin they apply to


determine whether or not a good is domestic and shall not discriminate


between other Members, irrespective of the affiliation of the


manufacturers of the good concerned;




(d)







the rules of origin are administered in a consistent,


uniform, impartial and reasonable manner;




(e)







their laws, regulations, judicial decisions and


administrative


rulings


of


general


application


relating


to


rules


of


origin


are published as if they were subject to, and in accordance with, the


provisions of paragraph 1 of Article X of GATT


1994;




(f)







upon the request of an exporter, importer or any person


with


a


justifiable


cause,


assessments


of


the


origin


they


would accord


to


a good are issued as soon as possible but no later than 150 days after


a


request


for


such


an


assessment


provided


that


all


necessary


elements


have


been


submitted.


Requests


for


such


assessments


shall


be


accepted


before


trade


in


the


good


concerned


begins


and


may


be


accepted


at


any


later


point


in time.


Such assessments shall remain valid for three years provided


that


the


facts


and


conditions,


including


the


rules


of


origin,


under


which


they have been made remain comparable.


Provided that the parties


concerned are informed in advance, such assessments will no longer be


valid when a decision contrary to the assessment is made in a review as


referred to in subparagraph


(h).


Such assessments shall be made


publicly available subject to the provisions of subparagraph


(i);




(g)







when


introducing


changes


to


their


rules


of


origin


or


new


rules of origin, they shall not apply such changes retroactively as


defined in, and without prejudice to, their laws or regulations;




(h)








any


administrative


action


which


they


take


in


relation


to the determination of origin is reviewable promptly by judicial,


arbitral or administrative tribunals or procedures, independent of the


authority issuing the determination, which can effect the modification


or reversal of the determination;




(i)








all information which is by nature confidential or


which is provided on a confidential basis for the purpose of the


application


of


rules


of


origin


is


treated


as


strictly


confidential


by


the


authorities concerned, which shall not disclose it without the specific


permission


of


the


person


or


government


providing


such


information,


except


to the extent that it may be required to be disclosed in the context of


judicial proceedings.



Part


III:


Procedural


Arrangements


on


Notification,


Review,


Consultation


and


Dispute


Settlement


Article 4: Institutions


back to top




1.









There is hereby established a Committee on Rules of


Origin (referred to in this Agreement as “the Committee”) composed of


the


representatives


from


each


of


the


Members.


The


Committee


shall


elect


its own Chairman and shall meet as necessary, but not less than once a


year,


for


the


purpose


of


affording


Members


the


opportunity


to


consult


on


matters relating to the operation of Parts


I,


II,


III and


IV or the


furtherance


of


the


objectives


set


out


in


these


Parts


and


to


carry


out


such


other responsibilities assigned to it under this Agreement or by the


Council for Trade in Goods.


Where appropriate, the Committee shall


request information and advice from the Technical Committee referred to


in


paragraph


2


on


matters


related


to


this


Agreement.


The


Committee


may


also


request


such


other


work


from


the


Technical


Committee


as


it


considers


appropriate


for


the


furtherance


of


the


above-mentioned


objectives


of


this


Agreement.


The WTO Secretariat shall act as the secretariat to the


Committee.


2.









There shall be established a Technical Committee on


Rules of Origin (referred to in this Agreement as “the Technical


Committee”)


under


the


auspices


of


the


Customs


Co


-operation


Council


(CCC)


as set out in Annex


I.


The Technical Committee shall carry out the


technical


work


called


for


in


Part


IV


and


prescribed


in


Annex


I.


Where


appropriate,


the


Technical


Committee


shall


request


information


and


advice


from


the


Committee


on


matters


related


to


this


Agreement.


The


Technical


Committee may also request such other work from the Committee as it


considers appropriate for the furtherance of the above-mentioned


objectives of the Agreement.


The CCC Secretariat shall act as the


secretariat to the Technical Committee.



Article


5:


Information


and


Procedures


for


Modificationand


Introduction


of


New


Rules


of


Origin


back to top




1.









Each


Member


shall


provide


to


the


Secretariat,


within


90 days after the date of entry into force of the WTO Agreement for it,


its rules of origin, judicial decisions, and administrative rulings of


general application relating to rules of origin in effect on that


date.


If by inadvertence a rule of origin has not been provided, the


Member concerned shall provide it immediately after this fact becomes


known.


Lists


of


information


received


and


available


with


the


Secretariat


shall be circulated to the Members by the Secretariat.


2.









During


the


period


referred


to


in


Article


2,


Members


introducing modifications, other than


de


minimis


modifications, to


their rules of origin


or introducing new


rules of origin,


which, for the


purpose of this Article,


shall include any


rule of origin


referred to in


paragraph


1


and


not


provided


to


the


Secretariat,


shall


publish


a


notice


to


that


effect


at


least


60


days


before


the


entry


into


force


of


the


modified


or new rule in such a manner as to enable interested parties to become


acquainted with the intention


to modify a rule


of origin or to introduce


a


new


rule


of


origin,


unless


exceptional


circumstances


arise


or


threaten


to arise for a Member.


In these exceptional cases, the Member shall


publish the modified or new rule as soon as possible.



Article 6: Review


back to top




1.









The Committee shall review annually the


implementation


and


operation


of


Parts


II


and


III


of


this


Agreement


having


regard to its objectives.


The Committee shall annually inform the


Council for Trade in Goods of developments during the period covered by


such reviews.


2.









The


Committee


shall


review


the


provisions


of


Parts


I,


II and


III and propose amendments as necessary to reflect the results


of the harmonization work programme.

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