Overview
Hong Kong origin rules are classified into two categories, namely preferential origin rules and non-preferential origin rules:
Preferential origin rules
Preferential origin rules are established under the free trade agreements between Hong Kong and its certain trading partners. Hong Kong-originating exports to these trading partners can enjoy tariff preferences under the respective free trade agreements if they meet the specified origin rules.
Non-preferential origin rules
Non-preferential origin rules are used to establish the origin of Hong Kong exports in order to meet the requirements of overseas importing authorities.
Applying for Certificates of Origin
The below flow chart summarises the major steps for applying certificates of origin under both preferential and non-preferential rules:
Traders are required to apply for certificates of origin at least 2 clear working days before departure of the consignment. Request for retrospective issue of certificates of origin would only be exceptionally acceded to upon provision of written explanation and supporting documentary proof.
Exporters and manufacturers (and subcontractors) have to submit their applications for certificates of origin through electronic service. If additional supporting documents are required, traders should submit the documents with a completed cover form to the Factory Registration and Origin Certification Branch of the Trade and Industry Department.
Traders are reminded to find out from their overseas buyers and the importing end authorities any other specific requirements they need to observe before exportation of their goods from Hong Kong, including but not limited to the origin classification and origin labelling requirements, etc.
Issuing Bodies
Certificates of origin are issued by the Trade and Industry Department and the five Government Approved Certification Organizations (GACOs) which are:
- Federation of Hong Kong Industries
- Hong Kong General Chamber of Commerce
- The Chinese General Chamber of Commerce
- The Chinese Manufacturers' Association of Hong Kong
- The Indian Chamber of Commerce, Hong Kong
Consignment Checks
The Department, in conjunction with the Customs and Excise Department, may conduct consignment checks to verify the accuracy of material particulars declared on CO applications. Traders are required to comply with the consignment check requirements. In particular, CO applicants should note that if an application is selected for pre-issue check, it will normally take a relative longer time to process that application. Traders should bear this in mind in drawing up their shipment schedules.
Breach of any of the provisions of the origin certification system or failure to comply with other requirements specified by the Director-General of Trade and Industry, including those requirements promulgated by the Trade and Industry Department through notices and circulars from time to time, may result in prosecution under the Import and Export Ordinance or the Protection of Non-Government Certificates of Origin Ordinance as appropriate, which provides for a penalty of a fine of HK$500,000 and 2 years' imprisonment. In addition, the Department may take administrative actions against the exporters and manufacturers (including subcontractors as the case may be) concerned irrespective of whether they have been prosecuted.