24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. : FRCP 1000/20/7

6 June 2008

Dear Sirs,

Certificate of Origin Circular No. 7/2008

Commercial Information Circular No. 317/2008

Certificate of Preference Circular No. 1/2008

Notice to Exporters :

Series 1 (USA) No. 6/2008

Series 2 (EU) No. 5/2008

Series 3 (Countries other than USA & EU) No. 5/2008

Textiles Trader Registration Circular No. 7/2008

Mainland and Hong Kong
Closer Economic Partnership Arrangement (CEPA)

Request for Developing the CEPA Rules of Origin (ROOs)
for Goods that Have No CEPA ROOs 
(Arrangements for Making Requests in 2008)

Introduction

As mentioned in Certificate of Origin Circular No. 10/2007 on the captioned subject of 9 November 2007, the Mainland has agreed to fully implement zero tariff on imported goods of Hong Kong origin ^{Note 1} starting from 1 January 2006, upon applications by local manufacturers and upon the CEPA rules of origin (ROOs) being agreed and met. Goods exported from Hong Kong to the Mainland must fulfil the CEPA ROOs to enjoy tariff preference. The tariff preference does not include customs duties other than tariff, such as value-added tax and consumption tax. This circular reminds the trade about the arrangements for making requests for developing the CEPA ROOs for goods that have no CEPA ROOs in 2008. 

Details

2. Since the Mainland and Hong Kong signed CEPA in June 2003, the Mainland has agreed to apply zero import tariff for Hong Kong origin products covered in 1,510 Mainland 2008 tariff codes and meeting CEPA ROOs. Details of the 1,510 tariff codes with CEPA ROOs agreed and the corresponding origin criteria are set out in the table "CEPA Tariff Preference - Mainland 2008 Tariff Codes, Product Description and Origin Criteria" which can be downloaded from the Department's webpage <http://www.tid.gov.hk/english/cepa/ tradegoods/files/mainland_2008.pdf>. Hard copies of the table are also available at the Trade and Industry Department Tower, 3/F, Factory Registration and Origin Certification Branch. 
   
   
3. For goods that have no CEPA ROOs for the time being, Hong Kong manufacturers may wish to request for developing the CEPA ROOs for specific goods of Hong Kong origin. Details of the application procedures are set out in Certificate of Origin Circular No. 10/2007 of 9 November 2007. 
   
   
4. As the CEPA ROO consultations will be held twice a year, the Trade and Industry Department will conduct ROO consultations with the Mainland in respect of the goods requested by Hong Kong manufacturers twice a year according to the date of receipt of the applications concerned. Traders are reminded that applications received on or before 31 July 2008 will be included in the second round of consultations in 2008, while applications received after 31 July 2008 will be included in the next phase of consultations (in 2009).
   

Important Note

5. The Trade and Industry Department will keep the data provided by manufacturers in strict confidence. However, the Trade and Industry Department may under certain circumstances disclose such data to the Customs and Excise Department or other government departments, or to third parties within or outside Hong Kong. These circumstances include the following: the disclosure is necessary to facilitate the verification, certification, or consultation procedures; the disclosure is authorized or required by the laws; or an explicit consent to the disclosure is given by the manufacturers concerned.
   
   
6. When filling in the form(s), manufacturers should ensure that the information provided is accurate and complete. If there is any change in the information provided, manufacturers should immediately notify the Trade and Industry Department in writing. Furthermore, the CEPA and its Supplements provide that the Trade and Industry Department should verify and certify the information provided by manufacturers. Therefore, for the purpose of verification and certification of the information provided by individual manufacturers, the Trade and Industry Department may require the manufacturers concerned to provide further information. The Trade and Industry Department may also request the Customs and Excise Department to seek entry into the office and factory premises of the manufacturers concerned in order to understand more about the applications. It is the responsibility of the manufacturers to provide necessary assistance when they are so required or requested. 
   
   
7. Applicants/data subjects whose personal data are collected by the Trade and Industry Department may request access to such data under the Personal Data (Privacy) Ordinance, Cap. 486. Such requests should be made on the Data Access Request Form (No. OPS003) issued by the Privacy Commissioner for Personal Data, which is available at the Information Counter on G/F of the Trade and Industry Department, or may be downloaded from the Department's webpage <http://www.tid.gov.hk/english/aboutus/form/publicform/ others/files/dforme.pdf>. The form should be forwarded to the Factory Registration and Origin Certification Branch of the Trade and Industry Department. A charge will be made to cover the cost of photocopying the data supplied. In addition, if the data subject considers that the data supplied to the Trade and Industry Department is inaccurate after a data access request has been complied with, a request for correction of the personal data may be made in writing. 
   

Enquiries

8. Should you require further information on the content of this circular, please contact us through any of the following channels -

Yours faithfully,

(Andrew HO)

for Director-General of Trade and Industry

^{Note 1} Imported goods do not include those prohibited by the Mainland's rules and regulations and those prohibited as a result of the implementation of international treaties by the Mainland, as well as products that the Mainland has made special commitments in relevant international agreements. Applicants are advised to consult the Mainland customs and other relevant Mainland authorities for details about prohibited imports by the Mainland. Applicants may also refer to the commercial information circulars issued by the Department, available at http://www.tid.gov.hk/english/cepa/tradegoods/trade_goods.html, for information about the catalogues of prohibited imports issued by the Mainland.