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Dear Sirs,

Commercial Information Circular No. 316/2004

Notice to Exporters: Series 2 (EU) No. 37/2004

Proof of Origin for Import of
Certain Textiles and Clothing into the European Union (EU)

This notice serves to remind traders of the proof of origin requirement for import of certain textiles and clothing (T&C) products into the EU market.

Existing proof of origin requirement

2. Notice to Exporters Series 2 (EU) No. 38/98 has promulgated the EU's proof of origin requirement for imports of T&C products which is set out in the EU Council Regulation No. 1541/98. This Council Regulation is accessible from the EU website at http://europa.eu.int/eur-lex/pri/en/oj/dat/1998/l_202/l_20219980718en00110014.pdf. The regulation stipulates that imports of certain textile products (listed in Appendix I) must be accompanied by a certificate of origin for customs clearance.

3. The EU has also drawn up an exemption list in Council Regulation No. 2579/98 for categories of T&C products which are exempted from the proof of origin requirement. This Regulation is accessible from the EU website at http://europa.eu.int/eur-lex/pri/en/oj/dat/1998/l_322/l_32219981201en00270030.pdf. The list of exempted products is at Appendix II.

4. For products not listed in Appendices I and II, their import into the EU market must be accompanied by an origin declaration by the exporter or supplier of the products in the territory where the products originate. Such declaration should be made on the invoice or similar commercial document to the effect that the products originate in that territory. A specimen of the invoice declaration is set out at Annex I of Regulation 1541/98. Nevertheless, the EC or Member States may demand additional proof of origin including a certificate of origin in special cases.

5. Moreover, traders are requested to note that both the certificate of origin and the declaration of origin may be accepted by the authorities in the EU only if the products concerned comply with the EU origin rules as laid down in the EU regulations in force.

6. As the proof of origin requirement is regulated by the EU at the importing end, traders are advised to check with importers to ascertain the applicable proof of origin for their specific shipments.

Proposed amendment regulation

7. In view of the abolition of textile quotas in 2005, the European Commission (EC) is contemplating an amendment regulation on the proof of origin requirement for the import of T&C products. As the EC has yet to draw up the amendment regulation, no detail of the proposed changes is available at this stage. The Department will inform traders in further trade circulars when the EC announces any changes.

Enquiries

8. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5365.

Yours faithfully,

(Miss Karen Chan)

for Director-General of Trade and Industry

Note : The Chinese text of this Notice to Exporters is for reference only.  In case of any discrepancies between the English anc Chinese texts, the English text shall for all purposes be conclusive.