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Certificate
of Origin Circulars
24-hour hotline : 23 922 922
e-mail address : enquiry@tid.gov.hk
Ref. : TID CL CO/200
11
June 2009
Dear Sirs,
Certificate
of Origin Circular No. 8/2009
Hong
Kong Certificate of Origin System
Introduction
This Circular outlines
Hong Kong's Certificate of Origin System. The certification of origin
system in Hong Kong is administered to facilitate Hong Kong's exports
to foreign markets. The certification system also supports certain Hong
Kong products for claiming tariff preference under the Generalized System
of Preferences.
Hong
Kong Certificate of Origin System
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Certificates
of Origin (COs) are issued by the Trade and Industry Department (TID)
of the Government of the Hong Kong Special Administrative Region (HKSAR).
Apart from TID, there are five Organisations in Hong Kong which have
been designated by the HKSAR Government as Government Approved Certification
Organisations (GACOs) to issue COs. The GACOs are :
- The Hong Kong
General Chamber of Commerce
- Federation
of Hong Kong Industries
- The Indian
Chamber of Commerce, Hong Kong
- The Chinese
Manufacturers' Association of Hong Kong
- The Chinese
General Chamber of Commerce
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To maintain
the integrity of the Hong Kong Certificate of Origin System, the HKSAR
Government ensures that all CO issuing Organisations in Hong Kong
adopt the same practices and procedures in the issue of COs; and in
particular, that the Hong Kong rules of origin are followed. TID assists
the GACOs in the training of their administrative and inspection staff
and ensures maintenance of a uniform high standard of integrity by
all certification Organisations. The COs issued by GACOs are protected
by Hong Kong law and have the same status as those issued by TID.
Non-government approved organisations may issue their own certificates
for trade facilitation purpose, but traders should be aware that these
certificates do not carry any legal status recognized by the law of
Hong Kong.
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The issue of
COs by TID and by the GACOs is governed by the Export (Certificate
of Origin) Regulations of the Import and Export Ordinance (Cap. 60)
and the Protection of Non-Government Certificates of Origin Ordinance
(Cap. 324) respectively. The laws provide the Director-General of
Trade and Industry with the power to administer the certification
system, and provide penalty for certification offences. The Commissioner
of Customs & Excise of the HKSAR Government has legal responsibility
for the enforcement of the laws.
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The detailed
Hong Kong origin criteria for specific products are established in
accordance with internationally accepted practice and the provisions
contained in the Agreement on Rules of Origin of the World Trade Organisation.
They are subject to review periodically to take account of technological
changes and industrial development in Hong Kong. Any changes to the
origin criteria for specific products follow the basic principle of
substantial transformation. The origin criteria, including the principal
processes which confer origin to a finished article, for specific
products and periodic refinement to them are published in circulars
sent to traders and overseas Governments. The latest circular on origin
criteria for specific products is Certificate of Origin Circular No.
11/2008 published on 2 October 2008.
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All factories
whose products require COs must be registered with TID. Pre-registration
inspections are conducted by Customs & Excise Department (C&ED).
Factories can register only if they have the appropriate machinery
and labour for producing the products for which they are registered.
They are also required to keep records of production. All registered
manufacturers have an obligation to notify TID immediately of any
changes in registration particulars, and the Department conducts an
annual updating exercise to ensure that the registration particulars
are up-to-date. In parallel, C&ED conducts re-inspections on registered
factories periodically to ensure that their registrations are in order.
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Inspections
of consignments under applications for certificates of origin are
carried out to prevent abuses of the certification system. Consignment
inspections may be conducted at the premises of the declarant exporter,
manufacturer and/or subcontractor to verify the accuracy of the particulars
declared in the certificate applications. In the course of an inspection,
inspection officer may make physical checks on the goods and examine
such books and records as those relating to raw material consumption,
production, workers wages and so on, to establish that the goods are
manufactured in the manner as declared in the application.
Enquiries
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Should you require
further information on the content of this circular, please contact
the Certificate of Origin Section of the Factory Registration and
Origin Certification Branch at telephone number 2398 5545.
Yours faithfully,
(Alan Lo)
for Director-General of Trade and Industry
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Electronic
services for Production Notification, Certificate of Origin, Textiles
Notifications, and Cargo Manifests enable traders to lodge/make
the relevant applications directly through their office computer
faster and easier. Tradelink Electronic Commerce Limited currently
runs services for the above documents,
and Global e-Trading Services Limited is providing electronic
services for Cargo Manifests. Please call the service providers
for enquiries on their services:
Global
e-Trading Services Limited (Tel. : 8109 1820)
Tradelink Electronic Commerce Limited (Tel. : 2599 1700)
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