Ref : TRA CR 1318/2

2 June 2003

Notice to Exporters

Series 1 (USA) No. 35/2003

Series 2 (EU) No. 26/2003

Series 3 (Countries other than USA & EU) No. 32/2003

Certificate of Origin Circular No. 16/2003

Certificate of Preference Circular No. 15/2003

Factory Registration

Manufacturer's Authorized Signatories

Introduction

This circular serves to inform traders of the revised requirement regarding authorised signatories of the manufacturer on applications for Certificate of Origin (CO), Production Notification for Cut and Sewn Garments (PN) and Restrained Textiles Export Licence (RTEL). This revised requirement will take effect when the Department starts the collection of more manufacturers' authorised signatories under the Factory Registration (FR) as from 2 June 2003.

Factory Registration with the Trade and Industry Department

2. Manufacturers must be first registered with the Trade and Industry Department in respect of the products they produce before they are eligible to apply for Certificates of Origin, Production Notification, or to participate in the Local Subcontracting Arrangement and Outward Processing Arrangement. Manufacturers appearing on RTELs covering textiles and clothing to the EU, USA or Canada market must also possess a valid FR.

Provision/Updating of Specimens of Authorised Signatures and
Company Chops under Factory Registration

3. Commencing 2 June 2003, manufacturers applying for FR will be required to provide the names and specimen signatures of persons¹authorized to sign applications for CO/PN/RTEL.

1. For New FR Applicants

4. A revised Application Form for Factory Registration (FR), Textiles Controls Registration (TCR) and Textiles Trader Registration (TTR) (Appendix I) (pdf format)will be put into use on 2 June 2003. An applicant for FR has to provide specimens of the authorised signatures and company chops for applying CO/PN/RTEL (paragraph 12 of the Application Form). In addition, the applicant has to complete and return three copies of Factory Registration Cards (Appendix II)(pdf format) together with photocopies of the HKID Card/Passport of the authorized signatories to the Department. The photocopies of the HKID Card/passport will be returned to the applicant on the spot after checking.

2. For Existing FR Holders

5. Existing FR holders will be required to provide specimens of their authorized signatories and company chops during the course of their annual FR renewal or they may provide these specimens before the renewal if they so wish. A form for provision of specimens of authorized signatures and company chops under FR (Appendix III) (pdf format) and three copies of the Factory Registration Card will be sent to the valid FR registrants together with the renewal documents. The FR signatory or his/her representative is requested to return the completed documents together with photocopies of the HKID card/Passport of the authorised signatories in person or by post to the Customer Service Centre (CSC) of the Certification Branch or the Central Registration Office (CRO). Photocopies of the HKID Card/Passport of the authorized person(s) will be returned to the applicant at CSC or CRO on the spot after checking. For documents sent in by post, the photocopies of the HKID Card/Passport will be destroyed by the Department immediately after checking.

6. Manufacturers who make use of the electronic data interchange (EDI) service provided by Tradelink Electronic Commerce Limited (Tradelink) should ensure that the persons registered with Tradelink for signing electronic applications are identical to the authorised signatories provided to the Department.

Authenticity of Manufacturer's Identity on CO/PN applications

7. To protect the interest of the trade and as a measure to step up the integrity of Hong Kong's origin certification system, commencing 2 June 2003, the Department will introduce a revised requirement that any person who lodges a CO/PN application for and on behalf of the manufacturer including subcontractor should be an authorized signatory under FR if the specimen signatures have been so provided to the Department. Once the specimen signatures have been provided, any application for CO/PN which is not lodged by an authorized signatory under FR or any application bearing a signature or a company chop different from that kept in the Department's FR record may be deferred.

Authenticity of Manufacturer's Identity on RTEL applications

8. In respect of RTEL applications, a person acting and signing for and on behalf of an exporter or a manufacturer including subcontractor should be an authorized signatory under the Textiles Controls Registration (TCR) if it is so registered. As from 2 June 2003, where the exporter or manufacturer including subcontractor is not registered for TCR,

1. Manufacturer including Subcontractor - the person acting and signing for and on behalf of the manufacturer including subcontractor should be an authorized signatory under FR if the specimen signatures have been so provided to the Department. In case the specimen signatures of the authorized signatories under FR have not been provided to the Department, the person acting and signing for and on behalf of the manufacturer should be the proprietor, a partner or a director as the case may be or other duly authorized representative of the manufacturer;

2. Exporter - the person acting and signing for and on behalf of the exporter should be the proprietor, a partner or a director as the case may be or other duly authorized representative of the exporter.

Any application for RTEL that fails in complying with the above requirements or bears a signature or a company chop different from that kept in the Department's TCR or FR records as appropriate, may be deferred.

Monthly Statement of CO/PN/RTEL Applications lodged at ETAS centres

9. With effect from July 2003, manufacturers who have made use of the Electronic Trading Access Services (ETAS) centres for lodging CO/PN/RTEL applications will receive a monthly statement of the applications made via ETAS centres in the previous month. The statement will contain information on the individual CO/PN/RTEL applications lodged by the manufacturer at different ETAS centres. The statement will be sent to individual manufacturers by post at the beginning of each month. Manufacturers are advised to check the particulars on the monthly statements against their own records and report to the Department immediately should there be any discrepancy. A specimen of the monthly statement is at Appendix IV.(pdf format)

Warning

10. The Trade and Industry Department works closely with the Customs and Excise Department, through checks and inspections, to ensure traders' compliance with the provisions of the Import and Export Ordinance, Cap. 60 and its subsidiary legislations. Breach of any of the provisions is taken seriously. In addition to prosecution which provides for a penalty up to a fine of HK$500,000 and 2 years' imprisonment, the Trade and Industry Department may take administrative actions against the parties concerned irrespective of whether they have been prosecuted. Such administrative actions may involve, but shall not necessarily be confined to, any or all of the following: refusal to validate a PN; refusal to issue a licence/CO; suspension of all kinds of certification/licensing facilities; and cancellation of FR.

Enquiries

11. Should you require any further information on the contents of this circular, please contact the following office/officers:

Yours faithfully,

(Warren HO)

for Director-General of Trade and Industry

To : All Trade and Industrial Associations
All Subscribers of Certification Branch Circulars and Notices to Exporters
All manufacturers registered under Factory Registration

1 : Similar to TCR, FR normally accepts a maximum of six authorised signatories.