The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Vietnam, Member States of the Association of South East Asian Nations (collectively “ASEAN” or “ASEAN Member States”) and the People’s Republic of China (“China”);
RECALLING the Framework Agreement on Comprehensive Economic Co-operation between ASEAN and China (hereinafter referred as “the Framework Agreement”) signed on 4 November 2002;
RECOGNISING that any Party may accelerate its tariff reduction and elimination for products covered under the Framework Agreement, including any commitments covered under the Early Harvest Programme of the Framework Agreement;
RECOGNISING also the requirement for some ASEAN Member States to complete their negotiations with China in respect of the Early Harvest Programme provided under the Framework Agreement;
SEEKING to incorporate into the Framework Agreement the Rules of Origin applicable to the products covered under the Early Harvest Programme of the Framework Agreement;
SEEKING also to revise the contents of the existing Annex 1 and Annex 2 of the Framework Agreement in order to include the subsequent Early Harvest agreements between some ASEAN Member States and China and to insert the relevant HS Codes and product descriptions;
DESIRING to clarify the implementation of the provisions of the Early Harvest Programme of the Framework Agreement;
DESIRING also to provide for the terms and conditions for the acceleration of tariff reduction and/or elimination for products covered under the Early Harvest Programme of the Framework Agreement through bilateral or plurilateral arrangements and to provide for such arrangements to be administratively annexed to the Framework Agreement;
NOTING that Article 14 of the Framework Agreement provides for any amendments thereto to be mutually agreed upon in writing by the Parties;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Amendment of Article 6(3)(a)(iv) of the Framework Agreement
Article 6(3)(a)(iv) of the Framework Agreement shall be deleted and substituted entirely by a new Article 6(3)(a)(iv) as set out below:
“(iv) For those parties which are unable to complete the appropriate product lists in Annex 1 or Annex 2, the lists may still be drawn up by mutual agreement consistent with the implementation timeframe set out in Annex 3 to this Agreement.”
ARTICLE 2
Amendment of Article 6(3)(b)(i) of the Framework Agreement
Article 6(3)(b)(i) of the Framework Agreement shall be substituted by a new Article 6(3)(b)(i) as set out below:
“(i) All products covered under the Early Harvest Programme shall be divided into 3 product categories for tariff reduction and elimination as defined and to be implemented in accordance with the timeframes set out in Annex 3 to this Agreement. This paragraph shall not prevent any Party from accelerating its tariff reduction and/or elimination if it so wishes, subject to the following terms and conditions:
(1) A Party may accelerate its tariff reduction and/or elimination under this Article in relation to the rest of the parties on a unilateral basis;
(2) One or more ASEAN Member States may also conduct negotiations and enter into a bilateral or plurilateral acceleration arrangement with China to accelerate their tariff reduction and/or elimination under this Article;
(3) Before the commencement of negotiations of any arrangement pursuant to subparagraph 2 of Article 6(3)(b)(i) of this Agreement, all parties which decide to enter into such negotiations shall give joint written notification to the other ASEAN Member States at least one month before entering into such negotiations, so that any one or more of the ASEAN Member States may participate in such negotiations if they so wish. Any ASEAN Member State that intends to participate in such negotiations shall notify the original parties intending to enter into such negotiations of its intention in writing, and shall provide copies of such notification to the other ASEAN Member States through the ASEAN Secretariat;
(4) Any individual ASEAN Member State shall be permitted to accede to any arrangement concluded pursuant to subparagraph 2 of Article 6(3)(b)(i) of this Agreement, provided that it undertakes to be fully bound by the entire package of commitments under such arrangement with respect to product coverage, tariff schedule, and implementation timeframe, as prescribed by such arrangement. For newer ASEAN Member States, special and differential treatment and flexibility on the implementation timeframe shall be provided;
(5) In implementing tariff reduction and/or elimination under any arrangement concluded pursuant to subparagraph 2 of Article 6(3)(b)(i) of this Agreement, the Rules of Origin as set out in Annex 5 of this Agreement shall be applicable;
(6) Any arrangement concluded pursuant to subparagraph 2 of Article 6(3)(b)(i) of this Agreement shall be jointly notified by the concluding parties to the rest of the ASEAN Member States through the ASEAN Secretariat, which shall annex it administratively to this Agreement without the need for any Protocol to amend this Agreement. The ASEAN Secretariat shall provide every ASEAN Member State and China with a copy of such arrangement with the appropriate annex numbering;
(7) Any ASEAN Member State that intends to accede to any arrangement concluded pursuant to subparagraph 2 of Article 6(3)(b)(i) of this Agreement shall notify the original parties to such arrangement of its intention in writing, and shall provide copies of such notification to the other ASEAN Member States through the ASEAN Secretariat; and
(8) Any acceleration arrangement concluded pursuant to the terms and conditions set forth in Article 6(3)(b)(i) of this Agreement, including any acceleration arrangement concluded before the entry into force of this Agreement, shall form an integral part of this Agreement.”
ARTICLE 3
Amendment of Article 6(3)(c) of the Framework Agreement
1. Article 6(3)(c) of the Framework Agreement shall be amended by inserting a new paragraph immediately after the existing Article 6(3)(c) of the Framework Agreement and by renumbering those paragraphs as Article 6(3)(c)(i), Article 6(3)(c)(ii) and Article 6(3)(c)(iii) respectively as follows:
“(c) Rules of Origin
(i) The Rules of Origin are set out in Annex 5 of this Agreement.
(ii) The text of the Rules of Origin shall be applicable to the products covered under the Early Harvest Programme.
(iii) Negotiations on the Product Specific Rules, which appear as Attachment B of the Rules of Origin, shall commence in January 2004.”
2. The Framework Agreement is amended by inserting as Annex 5 the Rules of Origin set out in Appendix 1 of this Protocol.
ARTICLE 4
Amendment to insert new Article 12A into the Framework Agreement
The Framework Agreement shall be amended by inserting a new Article 12A immediately after the existing Article 12 of the Framework Agreement as follows:
“ARTICLE 12A
Agreements Outside this Agreement
Nothing in this Agreement shall prevent or prohibit any individual ASEAN Member State from entering into any bilateral or plurilateral agreement with China and/or the rest of the ASEAN Member States relating to trade in goods, trade in services, investment, and/or other areas of economic co-operation outside the ambit of this Agreement. The provisions of this Agreement shall not apply to any such bilateral or plurilateral agreement.”
ARTICLE 5
Substitution of Annex 1 of the Framework Agreement
The existing Annex 1 of the Framework Agreement shall be substituted by the new Annex 1 as set out in Appendix 2 of this Protocol.
ARTICLE 6
Substitution of Annex 2 of the Framework Agreement
The existing Annex 2 of the Framework Agreement shall be substituted by the new Annex 2 as set out in Appendix 3 of this Protocol.
ARTICLE 7
Incorporation of Early Harvest Schedules of Commitments
All Parties shall incorporate all of their commitments under the Early Harvest Programme of the Framework Agreement, as contained in Appendix 2 and Appendix 3 of this Protocol, in their respective schedules of the Early Harvest Concessions, which will form an integral part of the Framework Agreement, and shall promptly deposit such Schedules of Commitments with the ASEAN Secretariat.
ARTICLE 8
Entry into Force
1. This Protocol shall form an integral part of the Framework Agreement and shall enter into force upon the date of signature.
2. For ASEAN Member States, this Protocol shall be deposited with the ASEAN Secretariat which shall promptly furnish a certified copy thereof to each ASEAN Member State.
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation between the Association of South East Asian Nations and the People’s Republic of China.
DONE at Bali, Indonesia this Sixth Day of October in the Year Two Thousand and Three, in duplicate copies in the English language.
Appendix 1
Annex 5
RULES OF ORIGIN FOR THE
ASEAN–CHINA FREE TRADE AREA
In determining the origin of products eligible for the preferential tariff concession pursuant to the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People’s Republic of China (hereinafter referred to as “the Agreement”), the following Rules shall be applied:
Rule 1: Definitions
For the purpose of this Annex:
(a) “a Party” means the individual parties to the Agreement i.e. Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic (“Lao PDR”), Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, the Socialist Republic of Vietnam and the People’s Republic of China (“China”).
(b) “materials” shall include ingredients, parts, components, subassembly and/or goods that were physically incorporated into another good or were subject to a process in the production of another good.
(c) “Originating goods” means products that qualify as originating in accordance with the provisions of Rule 2.
(d) “production” means methods of obtaining goods including growing, mining, harvesting, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling a good.
(e) “Product Specific Rules” are rules that specify that the materials have undergone a change in tariff classification or a specific manufacturing or processing operation, or satisfy an ad valorem criterion or a combination of any of these criteria.
Rule 2: Origin Criteria
For the purposes of this Agreement, products imported by a Party shall be deemed to be originating and eligible for preferential concessions if they conform to the origin requirements under any one of the following:
(a) Products which are wholly obtained or produced as set out and defined in Rule 3; or
(b) Products not wholly produced or obtained provided that the said products are eligible under Rule 4, Rule 5 or Rule 6.
Rule 3: Wholly Obtained Products
Within the meaning of Rule 2 (a), the following shall be considered as wholly produced or obtained in a Party:
(a) Plant[1] and plant products harvested, picked or gathered there;
(b) Live animals[2] born and raised there;
(c) Products[3] obtained from live animals referred to in paragraph (b) above;
(d) Products obtained from hunting, trapping, fishing, aquaculture, gathering or capturing conducted there;
(e) Minerals and other naturally occurring substances, not included in paragraphs (a) to (d), extracted or taken from its soil, waters, seabed or beneath their seabed;
(f) Products taken from the waters, seabed or beneath the seabed outside the territorial waters of that Party, provided that that Party has the rights to exploit such waters, seabed and beneath the seabed in accordance with international law;
(g) Products of sea fishing and other marine products taken from the high seas by vessels registered with a Party or entitled to fly the flag of that Party;
(h) Products processed and/or made on board factory ships registered with a Party or entitled to fly the flag of that Party, exclusively from products referred to in paragraph (g) above;
(i) Articles collected there which can no longer perform their original purpose nor are capable of being restored or repaired and are fit only for disposal or recovery of parts of raw materials, or for recycling purposes[4]; and
(j) Goods obtained or produced in a Party solely from products referred to in paragraphs (a) to (i) above.
Rule 4: Not Wholly Produced or Obtained
(a) For the purposes of Rule 2(b), a product shall be deemed to be originating if:
(i) Not less than 40% of its content originates from any Party; or
(ii) If the total value of the materials, part or produce originating from outside of the territory of a Party (i.e. non-ACFTA) does not exceed 60% of the FOB value of the product so produced or obtained provided that the final process of the manufacture is performed within the territory of the Party.
(b) For the purposes of this Annex, the originating criteria set out in Rule 4(a)(ii) shall be referred to as the “ACFTA content”. The formula for the 40% ACFTA content is calculated as follows:
(c) The value of the non-originating materials shall be:
(i) the CIF value at the time of importation of the materials; or
(ii) the earliest ascertained price paid for the materials of undetermined origin in the territory of the Party where the working or processing takes place.
(d) For the purpose of this Rule, “originating material” shall be deemed to be a material whose country of origin, as determined under these rules, is the same country as the country in which the material is used in production.
Rule 5: Cumulative Rule of Origin
Unless otherwise provided for, products which comply with origin requirements provided for in Rule 2 and which are used in the territory of a Party as materials for a finished product eligible for preferential treatment under the Agreement shall be considered as products originating in the territory of the Party where working or processing of the finished product has taken place provided that the aggregate ACFTA content (i.e. full cumulation, applicable among all Parties) on the final product is not less than 40%.
Rule 6: Product Specific Criteria
Products which have undergone sufficient transformation in a Party shall be treated as originating goods of that Party. Products which satisfy the Product Specific Rules provided for in Attachment B shall be considered as goods to which sufficient transformation has been carried out in a Party.
Rule 7: Minimal Operations and Processes
Operations or processes undertaken, by themselves or in combination with each other for the purposes listed below, are considered to be minimal and shall not be taken into account in determining whether a good has been wholly obtained in one country:
(a) ensuring preservation of goods in good condition for the purposes of transport or storage;
(b) facilitating shipment or transportation;
(c) packaging[5] or presenting goods for sale.
Rule 8: Direct Consignment
The following shall be considered as consigned directly from the exporting Party to the importing Party:
(a) If the products are transported passing through the territory of any other ACFTA member states;
(b) If the products are transported without passing through the territory of any non-ACFTA member states;
(c) The products whose transport involves transit through one or more intermediate non-ACFTA member states with or without transshipment or temporary storage in such countries, provided that:
(i) the transit entry is justified for geographical reason or by consideration related exclusively to transport requirements;
(ii) the products have not entered into trade or consumption there; and
(iii) the products have not undergone any operation there other than unloading and reloading or any operation required to keep them in good condition.
Rule 9: Treatment of Packing
(a) Where for purposes of assessing customs duties, a Party treats products separately from their packing, it may also, in respect of its imports consigned from another Party, determine separately the origin of such packing.
(b) Where paragraph (a) above is not applied, packing shall be considered as forming a whole with the products and no part of any packing required for their transport or storage shall be considered as having been imported from outside the ACFTA when determining the origin of the products as a whole.
Rule 10: Accessories, Spare Parts and Tools
The origin of accessories, spare parts, tools and instructional or other information materials presented with the goods therewith shall be neglected in determining the origin of the goods, provided that such accessories, spare parts, tools and information materials are classified and collected customs duties with the goods by the importing member state.
Rule 11: Neutral Elements
Unless otherwise provided, for the purpose of determining the origin of goods, the origin of power and fuel, plant and equipment, or machines and tools used to obtain the goods, or the materials used in its manufacture which do not remain in the goods or form part of the goods, shall not be taken into account.
Rule 12: Certificate of Origin
A claim that products shall be accepted as eligible for preferential concession shall be supported by a Certificate of Origin issued by a government authority designated by the exporting Party and notified to the other Parties to the Agreement in accordance with the Operational Certification Procedures, as set out in Attachment A.
Rule 13: Review and Modification
These rules may be reviewed and modified as and when necessary upon request of a Member State and may be open to such reviews and modifications as may be agreed upon by the AEM-MOFCOM.
ATTACHMENT A
OPERATIONAL CERTIFICATION PROCEDURES
FOR THE RULES OF ORIGIN OF THE
ASEAN-CHINA FREE TRADE AREA
For the purpose of implementing the rules of origin for the ASEAN-China Free Trade Area, the following operational procedures on the issuance and verification of the Certificate of Origin (Form E) and the other related administrative matters shall be followed:
AUTHORITIES
Rule 1
The Certificate of Origin shall be issued by the Government authorities of the exporting Party.
Rule 2
(a) The Party shall inform all the other Parties of the names and addresses of their respective Government authorities issuing the Certificate of Origin and shall provide specimen signatures and specimen of official seals used by their said Government authorities.
(b) The above information and specimens shall be provided to every Party to the Agreement and a copy furnished to the ASEAN Secretariat. Any change in names, addresses, or official seals shall be promptly informed in the same manner.
Rule 3
For the purpose of verifying the conditions for preferential treatment, the Government authorities designated to issue the Certificate of Origin shall have the right to call for any supporting documentary evidence or to carry out any check considered appropriate. If such right cannot be obtained through the existing national laws and regulations, it shall be inserted as a clause in the application form referred to in the following rules 4 and 5.
APPLICATIONS
Rule 4
The exporter and/or the manufacturer of the products qualified for preferential treatment shall apply in writing to the Government authorities requesting for the pre-exportation verification of the origin of the products. The result of the verification, subject to review periodically or whenever appropriate, shall be accepted as the supporting evidence in verifying the origin of the said products to be exported thereafter. The pre-verification may not apply to the products of which, by their nature, origin can be easily verified.
Rule 5
At the time of carrying out the formalities for exporting the products under preferential treatment, the exporter or his authorised representative shall submit a written application for the Certificate of Origin together with appropriate supporting documents proving that the products to be exported qualify for the issuance of a Certificate of Origin.
PRE-EXPORTATION EXAMINATION
Rule 6
The Government authorities designated to issue the Certificate of Origin shall, to the best of their competence and ability, carry out proper examination upon each application for the Certificate of Origin to ensure that:
(a) The application and the Certificate of Origin are duly completed and signed by the authorised signatory;
(b) The origin of the product is in conformity with the ASEAN-China Rules of Origin;
(c) The other statements of the Certificate of Origin correspond to supporting documentary evidence submitted;
(d) Description, quantity and weight of goods, marks and number of packages, number and kinds of packages, as specified, conform to the products to be exported.
ISSUANCE OF CERTIFICATE OF ORIGIN
Rule 7
(a) The Certificate of Origin must be in ISO A4 size paper in conformity to the specimen as shown in Attachment C. It shall be made in English.
(b) The Certificate of Origin shall comprise one original and three (3) carbon copies of the following colours:
Original – Beige (Pantone color code: 727c)
Duplicate – Light Green (Pantone color code: 622c)
Triplicate – Light Green (Pantone color code: 622c)
Quadruplicate – Light Green (Pantone color code: 622c)
(c) Each Certificate of Origin shall bear a reference number separately given by each place of office of issuance.
(d) The original copy shall be forwarded, together with the triplicate, by the exporter to the importer for submission to the Customs Authority at the port or place of importation. The duplicate shall be retained by the issuing authority in the exporting Party. The quadruplicate shall be retained by the exporter. After the importation of the products, the triplicate shall be marked accordingly in box 4 and returned to the issuing authority within a reasonable period of time.
Rule 8
To implement the provisions of Rules 4 and 5 of the ASEAN-China Rules of Origin, the Certificate of Origin issued by the final exporting Party shall indicate the relevant rules and applicable percentage of ACFTA content in Box 8.
Rule 9
Neither erasures nor superimposition shall be allowed on the Certificate of Origin. Any alteration shall be made by striking out the erroneous materials and making any addition required. Such alterations shall be approved by the person who made them and certified by the appropriate Government authorities. Unused spaces shall be crossed out to prevent any subsequent addition.
Rule 10
(a) The Certificate of Origin shall be issued by the relevant Government authorities of the exporting Party at the time of exportation or soon thereafter whenever the products to be exported can be considered originating in that Party within the meaning of the ASEAN-China Rules of Origin.
(b) In exceptional cases where a Certificate of Origin has not been issued at the time of exportation or soon thereafter due to involuntary errors or omissions or other valid causes, the Certificate of Origin may be issued retroactively but no longer than one year from the date of shipment, bearing the words “ISSUED RETROACTIVELY”.
Rule 11
In the event of theft, loss or destruction of a Certificate of Origin, the exporter may apply in writing to the Government authorities which issued it for the certified true copy of the original and the triplicate to be made on the basis of the export documents in their possession bearing the endorsement of the words “CERTIFIED TRUE COPY” in Box 12. This copy shall bear the date of the original Certificate of Origin. The certified true copy of a Certificate of Origin shall be issued not longer than one year from the date of issuance of the original Certificate of Origin and on condition that the exporter provides to the relevant issuing authority the fourth copy.
PRESENTATION
Rule 12
The original Certificate of Origin shall be submitted together with the triplicate to the Customs Authorities at the time of lodging the import entry for the products concerned.
Rule 13
The following time limit for the presentation of the Certificate of Origin shall be observed:
(a) Certificate of Origin shall be submitted to the Customs Authorities of the importing Party within four (4) months from the date of endorsement by the relevant Government authorities of the exporting Party;
(b) Where the products pass through the territory of one or more non-parties in accordance with the provisions of Rule 8 (c) of the ASEAN-China Rules of Origin, the time limit laid down in paragraph (a) above for the submission of the Certificate of Origin is extended to six (6) months;
(c) Where the Certificate of Origin is submitted to the relevant Government authorities of the importing Party after the expiration of the time limit for its submission, such Certificate is still to be accepted when failure to observe the time limit results from force majeure or other valid causes beyond the control of the exporter; and
(d) In all cases, the relevant Government authorities in the importing Party may accept such Certificate of Origin provided that the products have been imported before the expiration of the time limit of the said Certificate of Origin.
Rule 14
In the case of consignments of products originating in the exporting Party and not exceeding US$200.00 FOB, the production of a Certificate of Origin shall be waived and the use of simplified declaration by the exporter that the products in question have originated in the exporting Party will be accepted. Products sent through the post not exceeding US$200.00 FOB shall also be similarly treated.
Rule 15
The discovery of minor discrepancies between the statements made in the Certificate of Origin and those made in the documents submitted to the Customs Authorities of the importing Party for the purpose of carrying out the formalities for importing the products shall not ipso-facto invalidate the Certificate of Origin, if it does in fact correspond to the products submitted.
Rule 16
(a) The importing Party may request a retroactive check at random and/or when it has reasonable doubt as to the authenticity of the document or as to the accuracy of the information regarding the true origin of the products in question or of certain parts thereof.
(b) The request shall be accompanied with the Certificate of Origin concerned and shall specify the reasons and any additional information suggesting that the particulars given on the said Certificate of Origin may be inaccurate, unless the retroactive check is requested on a random basis.
(c) The Customs Authorities of the importing Party may suspend the provisions on preferential treatment while awaiting the result of verification. However, it may release the products to the importer subject to any administrative measures deemed necessary, provided that they are not held to be subject to import prohibition or restriction and there is no suspicion of fraud.
(d) The issuing Government authorities receiving a request for retroactive check shall respond to the request promptly and reply not later than six (6) months after the receipt of the request.
Rule 17
(a) The application for Certificates of Origin and all documents related to such application shall be retained by the issuing authorities for not less than two (2) years from the date of issuance.
(b) Information relating to the validity of the Certificate of Origin shall be furnished upon request of the importing Party.
(c) Any information communicated between the Parties concerned shall be treated as confidential and shall be used for the validation of Certificates of Origin purposes only.
SPECIAL CASES
Rule 18
When destination of all or parts of the products exported to a specified Party is changed, before or after their arrival in the Party, the following rules shall be observed:
(a) If the products have already been submitted to the Customs Authorities in the specified importing Party, the Certificate of Origin shall, by a written application of the importer be endorsed to this effect for all or parts of products by the said authorities and the original returned to the importer. The triplicate shall be returned to the issuing authorities.
(b) If the changing of destination occurs during transportation to the importing Party as specified in the Certificate of Origin, the exporter shall apply in writing, accompanied with the issued Certificate of Origin, for the new issuance for all or parts of products.
Rule 19
For the purpose of implementing Rule 8(c) of the ASEAN-China Rules of Origin, where transportation is effected through the territory of one or more non-ACFTA member states, the following shall be produced to the Government authorities of the importing Member State:
(a) A through Bill of Lading issued in the exporting Member State;
(b) A Certificate of Origin issued by the relevant Government authorities of the exporting Member State;
(c) A copy of the original commercial invoice in respect of the product; and
(d) Supporting documents in evidence that the requirements of Rule 8(c) sub-paragraphs (i),(ii) and (iii) of the ASEAN-China Rules of Origin are being complied with.
Rule 20
(a) Products sent from an exporting Party for exhibition in another Party and sold during or after the exhibition into a Party shall benefit from the ASEAN-China preferential tariff treatment on the condition that the products meet the requirements of the ASEAN-China Rules of Origin provided it is shown to the satisfaction of the relevant Government authorities of the importing Party that:
(i) an exporter has dispatched those products from the territory of the exporting Party to the country where the exhibition is held and has exhibited them there;
(ii) the exporter has sold the goods or transferred them to a consignee in the importing Party; and
(iii) the products have been consigned during the exhibition or immediately thereafter to the importing Party in the state in which they were sent for exhibition.
(b) For purposes of implementing the above provisions, the Certificate of Origin must be produced to the relevant Government authorities of the importing Party. The name and address of the exhibition must be indicated, a certificate issued by the relevant Government authorities of the Party where the exhibition took place together with supporting documents prescribed in rule 19(d) may be required.
(c) Paragraph (a) shall apply to any trade, agricultural or crafts exhibition, fair or similar show or display in shops or business premises with the view to the sale of foreign products and where the products remain under Customs control during the exhibition.
ACTION AGAINST FRAUDULENT ACTS
Rule 21
(a) When it is suspected that fraudulent acts in connection with the Certificate of Origin have been committed, the Government authorities concerned shall co-operate in the action to be taken in the territory of the respective Party against the persons involved.
(b) Each Party shall be responsible for providing legal sanctions for fraudulent acts related to the Certificate of Origin.
Rule 22
In the case of a dispute concerning origin determination, classification or products or other matters, the Government authorities concerned in the importing and exporting Member States shall consult each other with a view to resolving the dispute, and the result shall be reported to the other Member States for information.
ATTACHMENT B
PRODUCT SPECIFIC RULES
(To be negotiated commencing January 2004)
Appendix 2
Annex 1
Exclusion List Of A Party For Products Excluded From the Early Harvest Programme Under Article 6(3)(a)(i):
1. Any Party that excludes the other ASEAN Member States and/or China from enjoying the tariff concessions in respect of products as specified in this Annex shall not enjoy the tariff concessions of the other ASEAN Member States and/or China in respect of such products.
2. The following parties have completed their negotiations with respect to one another and their exclusion lists are as follows:
(a) Brunei : No exclusion of any product.
(b) Cambodia : Exclusion of the following products
for China and ASEAN Member
States:
| S/No | HS Code/Product Description(Cambodia) | HS Code/Product Description(China) |
| 0103Live swine | 0103Live swine | |
| 1. | 0103.92.00- Other– – Weighing 50 kg or more | 0103.9200- Other– – Weighing 50 kg or more |
| 0207Meat and edible offal, of the poultry of heading no. 01.05, fresh chilled or frozen | 0207Meat and edible offal, of the poultry of heading no. 01.05, fresh chilled or frozen | |
| 2. | 0207.11.00- Of fowls of the species Gallus Domesticus:– – Not cut in pieces, fresh or chilled | 0207.1100- Of fowls of the species Gallus Domesticus:– – Not cut in pieces, fresh or chilled |
| 3. | 0207.12.00- Of fowls of the species Gallus Domesticus:– – Not cut in pieces, frozen | 0207.1200- Of fowls of the species Gallus Domesticus:– – Not cut in pieces, frozen |
| 4. | 0207.13.00- Of fowls of the species Gallus Domesticus:– – Cuts and offal, fresh or chilled | 0207.1311- Of fowls of the species Gallus Domesticus:– – Cuts and offal, fresh or chilled:– – – Cuts:– – – – With bone0207.1319– Of fowls of the species Gallus Domesticus:– – Cuts and offal, fresh or chilled:– – – Cuts– – – – Other0207.1321– Of fowls of the species Gallus Domesticus:– – Cuts and offal, fresh or chilled:– – – Offal:– – – – Midjoint wing0207.1329– Of fowls of the species Gallus Domesticus:– -Cuts and offal, fresh or chilled:– – -Offal:– – – -Other |
| 5. | 0207.14.10- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen– – – Wings | 0207.1411- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen:– – – Cuts:– – – – With bone0207.1419– Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen:– – – Cuts:– – – – Other |
| 6. | 0207.14.20- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen– – – Thighs | 0207.1421- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen:– – – Offal:– – – – Midjoint wing |
| 0207.1429- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen:– – – Offal:– – – – Other | ||
| 7. | 0207.14.30- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen– – – Livers | |
| 8. | 0207.14.90- Of fowls of the species Gallus Domesticus:– – Cuts and offal, frozen– – – Other | |
| 0301Live fish | 0301Live fish | |
| 9. | 0301.93.00- Other live fish– – Carp | 0301.9310- Other live fish– – Carp:– – – Fry |
| 0301.9390- Other live fish– – Carp:– – – Other | ||
| 10. | 0702.00.00Tomatoes, fresh or chilled | 0702.0000Tomatoes, fresh or chilled |
| 0703Onions, shallots, garlic, leeks and other alliceous vegetables, fresh of chilled | 0703Onions, shallots, garlic, leeks and other alliceous vegetables, fresh of chilled | |
| 11. | 0703.10.10- – Onions | 0703.1010 *- – Onions(* In 2003 Customs Import and Export Tariff, this tariff line is 0703.1010) |
| 12. | 0703.20.00- Garlic | 0703.2010- Garlic:– – – Garlic bulbs |
| 0703.2020- Garlic:– – – Garlic stems, garlic seedlings | ||
| 0703.2090- Garlic:– – – Other | ||
| 0704Cabbages, cauliflowers, kohlrabi, kale and other edible brassicas, fresh or chilled | 0704Cabbages, cauliflowers, kohlrabi, kale and other edible brassicas, fresh or chilled | |
| 13. | 0704.10.10- – Cauliflowers | 0704.1000- Cauliflowers and headed broccoli |
| 14. | 0704.10.20- – Headed broccoli | |
| 15. | 0704.90.10- – Cabbages | 0704.9000- Other |
| 16. | 0704.90.90- Other– – Other | |
| 0705Lettuce and chicory, fresh or chilled | 0705Lettuce and chicory, fresh or chilled | |
| 17. | 0705.11.00- Lettuce– -Cabbage lettuce (head lettuce) | 0705.1100- Lettuce– -Cabbage lettuce (head lettuce) |
| 18. | 0705.19.00- Lettuce– – Other | 0705.1900- Lettuce– – Other |
| 0706Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled | 0706Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled | |
| 19. | 0706.10.10- – Carrots | 0706.1000- Carrots and turnips |
| 20. | 0706.10.20- – Turnips | |
| 21. | 0706.90.00- Other | 0706.9000- Other |
| 0708Leguminous vegetables, shelled or unshelled, fresh or chilled | 0708Leguminous vegetables, shelled or unshelled, fresh or chilled | |
| 22. | 0708.20.00- Beans (vigna spp., Phaseolus spp.) | 0708.2000- Beans (vigna spp., Phaseolus spp.) |
| 0709Other vegetables, fresh or chilled | 0709Other vegetables, fresh or chilled | |
| 23. | 0709.90.00- Other | 0709.9010- Other– – – Bamboo shoots |
| 0709.9090- Other– – – Other | ||
| 0801Coconuts, brazil nuts, cashew nuts, fresh or dried, whether or not shelled or peeled | 0801Coconuts, brazil nuts, cashew nuts, fresh or dried, whether or not shelled or peeled | |
| 24. | 0801.19.00- Coconut– – Other | 0801.1910- Coconuts:– – Other:– – – Seedlings |
| 0801.1990- Coconuts:– – Other:– – – Other | ||
| 0804Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried | 0804Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried | |
| 25. | 0804.30.00- Pineapples | 0804.3000- Pineapples |
| 26. | 0804.50.00- Guavas, mangoes and mangosteens | 0804.5010- Guavas, mangoes and mangosteens– – – Guavas |
| 0804.5020- Guavas, mangoes and mangosteens– – – Mangoes | ||
| 0804.5030- Guavas, mangoes and mangosteens– – – Mangosteens | ||
| 0805Citrus fruit, fresh or dried | 0805Citrus fruit, fresh or dried | |
| 27. | 0805.10.00- Oranges | 0805.1000- Oranges |
| 0807Melons (including watermelons) and papaw (papayas), fresh | 0807Melons (including watermelons) and papaw (papayas), fresh | |
| 28. | 0807.11.00- Melons (including watermelons)– – Watermelons | 0807.1100- Melons (including watermelons)– – Watermelons |
| 29. | 0807.19.00- Melons (including watermelons)– – Other | 0807.1910- Melons (including watermelons)– – Other:– – – Hami melons |
| 0807.1920- Melons (including watermelons)– – Other:– – – Cantaloupe and Galia melons | ||
| 0807.1990- Melons (including watermelons)– – Other:– – – Other | ||
| 0810Other fruits, fresh | 0810Other fruits, fresh | |
| 30. | 0810.90.20- – Longans | 0810.9030- – – Longans |
(c) China : No exclusion of any product for
ASEAN Member States.
(d) Indonesia : No exclusion of any product.[6]
(e) Lao PDR : Exclusion of the following products
for China and ASEAN Member
States:
| S/No | HS Code/Product Description(Lao PDR) | HS Code/Product Description(China) |
| 0103Live swine | 0103Live swine | |
| 1. | 0103.92- Other– – Weighing 50kg or more | 0103.9200- Other:– – Weighing 50kg or more |
| 0105Live poultry, i.e. fowls or the species Gallus Domesticus, ducks. Geese, turkeys and guinea fowls. | 0105Live poultry, i.e. fowls or the species Gallus Domesticus, ducks. Geese, turkeys and guinea fowls | |
| 2. | 0105.91- – Fowls | 0105.9210- Other:– – Fowls of the species Gallus Domesticus, weighing not more than 2,000 g:– – -Pure-bred breeding |
| 0105.9290- Other:– – Fowls of the species Gallus Domesticus, weighing not more than 2,000 g:– – – Other | ||
| 0105.9310- Other:– – Fowls of the species Gallus Domesticus, weighing more than 2,000 g:– – – Pure-bred breeding | ||
| 0105.9390- Other:– – Fowls of the species Gallus Domesticus, weighing more than 2,000 g:– – – Other | ||
| 3. | 0105.99- Other:– – Fowls of the species Gallus Domesticus weighing more than 2,000 g: | 0105.9910- Other:– -Other:– – -Pure-bred breeding |
| 0105.9991- Other:– – Other:– – – Other:– – – – Ducks | ||
| 0105.9992- Other:– – Other:– – – Other:– – – – Geese | ||
| 0105.9993- Other:– – Other:– – – Other:– – – – Guinea fowls | ||
| 0105.9994- Other:– – Other:– – – Other:– – – – Turkeys | ||
| 4. | 0106.00Other live animals (domestic and wild animals) | 0106.1110- Mammals:– – Primates:– – – Pure-bred breeding |
| 0106.1190- Mammals:– – Primates:– – – Other | ||
| 0106.1200- Mammals:– – Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia) | ||
| 0106.1910- Mammals:– – Other:– – – Pure-bred breeding | ||
| 0106.1920- Mammals:– – Other:– – – For human consumption | ||
| 0106.1990- Mammals:– – Other:– – – Other | ||
| 0106.2011- Reptiles (including snakes and turtles):– – – Pure-bred breeding:– – – – Crocodiles for cultivation | ||
| 0106.2019- Reptiles (including snakes and turtles):– – – Pure-bred breeding:– – – – Other | ||
| 0106.2020- Reptiles (including snakes and turtles):– – – For human consumption | ||
| 0106.2090- Reptiles (including snakes and turtles):– – – Other | ||
| 0106.3110- Birds:– – Birds of pray:– – – Pure-bred breeding | ||
| 0106.3190- Birds:– -Birds of pray:– – – Other | ||
| 0106.3210- Birds:– – Psittaciformes (including parrots, parakeets, macaws and cockatoos):– – – Pure-bred breeding | ||
| 0106.3290- Birds:– – Psittaciformes (including parrots, parakeets, macaws and cockatoos):– – – Other | ||
| 0106.3910- Birds:– – Other:– – – Pure-bred breeding | ||
| 0106.3921- Birds:– – Other:– – – For human consumption:– – – – Squabs | ||
| 0106.3922- Birds:– – Other:– – – For human consumption:– – – – Ostrich | ||
| 0106.3923- Birds:– – Other:– – – For human consumption:– – – – Teals | ||
| 0106.3929- Birds:– – Other:– – – For human consumption:– – – – Other | ||
| 0106.3990- Birds:– – Other:– – – Other | ||
| 0106.9011- Other:– – – Pure-bred breeding:– – – – Tadpole and young frogs | ||
| 0106.9019- Other:– – – Pure-bred breeding:– – – – Other | ||
| 0106.9020- Other:– – – For human consumption | ||
| 0106.9090- Other:– – – Other | ||
| 0202Meat of bovine animals, frozen | 0202Meat of bovine animals, frozen | |
| 5. | 0202.10- Carcasses and half-carcasses | 0202.1000- Carcasses and half-carcasses |
| 6. | 0202.20- Other cuts with bone in | 0202.2000- Other cuts with bone in |
| 7. | 0202.30- Boneless | 0202.3000- Boneless |
| 0203Meat of swine, fresh, chilled or frozen | 0203Meat of swine, fresh, chilled or frozen | |
| 8. | 0203.11- – Carcasses and half-carcasses | 0203.1110- Fresh or chilled– – Carcasses and half-carcasses– – – Sucking pig |
| 0203.1190- Fresh or chilled– – Carcasses and half-carcasses– – – Other | ||
| 9. | 0203.12- – Hams, shoulders and cuts thereof, with bone in | 0203.1200- Fresh or chilled– – Hams, shoulders and cuts thereof, with bone in |
| 10. | 0203.19- – Other | 0203.1900- Fresh or chilled– – Other |
| 11. | 0203.21- – Carcasses and half-carcasses | 02032110- Frozen– – Carcasses and half-carcasses– – – Sucking pig |
| 0203.2190- Frozen– – Carcasses and half-carcasses– – – Other | ||
| 12. | 0203.22- – Hams, shoulders and cuts thereof, with bone in | 0203.2200- Frozen– – Hams, shoulders and cuts thereof, with bone in |
| 0207Meat and edible offal, of the poultry of heading No. 01.05, fresh, chilled or frozen. | 0207Meat and edible offal, of the poultry of heading No. 01.05, fresh, chilled or frozen. | |
| 13. | 0207.10- Poultry not cut in pieces, fresh or chilled | 0207.1100- Of fowls of the species Gallus domesticus:– – Not cut in pieces, fresh or chilled |
| 0207.2400- Of turkeys:– – Not cut in pieces, fresh or chilled | ||
| 0207.3210- Of ducks, geese or guinea fowls:– – Not cut in pieces, fresh or chilled– – – Ducks | ||
| 0207.3220- Of ducks, geese or guinea fowls:– – Not cut in pieces, fresh or chilled– – – Geese | ||
| 0207.3230- Of ducks, geese or guinea fowls:– – Not cut in pieces, fresh or chilled– – – Guinea fowls | ||
| 14. | 0207.20- Poultry not cut in pieces, frozen | 0207.1200- Of fowls of the species Gallus domesticus:– – Not cut in pieces, frozen |
| 0207.2500- Of turkeys:– – Not cut in pieces, frozen | ||
| 0207.3310- Of ducks, geese or guinea fowls:– – Not cut in pieces, frozen– – – Ducks | ||
| 0207.3320- Of ducks, geese or guinea fowls:– – Not cut in pieces, frozen– – – Geese | ||
| 0207.3330- Of ducks, geese or guinea fowls:– – Not cut in pieces, frozen– – – Guinea fowls | ||
| 15. | 0207.30- Poultry cuts and offal (including livers), fresh or chilled | 0207.1311- Of fowls of the species Gallus domesticus:– – Chicken cut and offal, fresh or chilled– – – Cut– – – – With bone |
| 0207.1319- Of fowls of the species Gallus domesticus:– – Chicken cut and offal, fresh or chilled– – – Cut– – – – Other | ||
| 0207.1321- Of fowls of the species Gallus domesticus:– – Chicken cut and offal, fresh or chilled– – – Offal– – – – Midjoint wing | ||
| 0207.1329- Of fowls of the species Gallus domesticus:– – Chicken cut and offal, fresh or chilled– – – Offal– – – – Other | ||
| 0207.2600- Of turkeys:– – Cuts and offal, fresh or chilled | ||
| 0207.3400- Of ducks, geese or guinea fowls:– – Fatty livers(foie gras), fresh or chilled | ||
| 0207.3510- Of ducks, geese or guinea fowls:– – Other, fresh or chilled– – – Cuts and offal of ducks | ||
| 0207.3520- Of ducks, geese or guinea fowls:– – Other, fresh or chilled– – – Cuts and offal of geese | ||
| 0207.3530- Of ducks, geese or guinea fowls:– – Other, fresh or chilled– – – Cuts and offal of guinea fowls | ||
| 0210Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat or meat offal. Edible meat or meat offal | 0210Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal | |
| 16. | 0210.11- – Hams, shoulders and cuts thereof, with bone in | 0210.1110- – Hams, shoulders and cuts thereof, with bone in– – – Hams and shoulders, with bone in |
| 0210.1190- Meat of swine:– – Hams, shoulders and cuts thereof, with bone in– – – Other | ||
| 17. | 0210.12- – Bellies (Streaky) and cuts thereof | 0210.1200- Meat of swine:– – Bellies (Streaky) and cuts thereof |
| 18. | 0210.19- – Other | 0210.1900- Meat of swine:– – Other |
| 19. | 0210.20- Meat of bovine animals | 0210.2000- Meat of bovine animals |
| 20. | 0210.90- Other, including edible flours and meals of meat or meat offal | 0210.9100- Other, including edible flours and meals of meat or meat offal:– – Of primates |
| 0210.9200- Other, including edible flours and meals of meat or meat offal:– – Of whales, dolphins and porpoises(mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia) | ||
| 0210.9300- Other, including edible flours and meals of meat or meat offal:– – Of reptiles (including snakes and turtles) | ||
| HS: 02109900-Other, including edible flours and meals of meat or meat offal:–Other | ||
| 0301Live fish | 0301Live fish | |
| 21. | 0301.91(90)- Fresh water fish | 0301.9190- Other live fish:– – Trout (Salmo trutta, Oncorhynchus my kiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Onchorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster):– – – Other |
| 0407Birds eggs, in shell, fresh, preserved or cooked | 0407Birds eggs, in shell, fresh, preserved or cooked | |
| 22. | 0407.00Birds eggs, in shell, fresh, preserved or cooked | 0407.0010- – – For hatching |
| 0407.0021- – – Other, in shell, fresh:– – – – Of hens | ||
| 0407.0022- – – Other, in shell, fresh:– – – – Of ducks | ||
| 0407.0023- – – Other, in shell, fresh:– – – – Of geese | ||
| 0407.0029- – – Other, in shell, fresh:– – – – Other | ||
| 0407.0091- – – Other– – – – Salted eggs | ||
| 0407.0092- – – Other– – – – Lime-preserved eggs | ||
| 0407.0099- – – Other– – – – Other | ||
| 0504Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof | 0504Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked | |
| 23. | 0504.00Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof | 0504.0011- – – Casings:– – – – Hog casings, salted |
| 0504.0012- – – Casings:– – – – Sheep casings, salted | ||
| 0504.0013- – – Casings:– – – – Goat casings, salted | ||
| 0504.0014- – – Casings:– – – – Hog fat-ends, salted | ||
| 0504.0019- – – Casings:– – – – Other | ||
| 0504.0021- – – Gizzard:– – – – Cold, frozen gizzard | ||
| 0504.0029- – – Gizzard:– – – – Other | ||
| 0504.0090- – – Other | ||
| 0702Tomatoes, fresh or chilled | 0702Tomatoes, fresh or chilled | |
| 24. | 0702.00Tomatoes, fresh or chilled | 0702.0000Tomatoes, fresh or chilled |
| 0706Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled | 0706Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled | |
| 25. | 0706.10- Carrots and turnips | 0706.1000- Carrots and turnips |
| 0708Leguminous vegetables, shelled or unshelled, fresh | 0708Leguminous vegetables, shelled or unshelled, fresh or chilled | |
| 26. | 0708.20- Beans (Vigna spp., Phaseolus spp.) | 0708.2000- Beans (Vigna spp., Phaseolus spp.) |
| 0709Other vegetables, fresh or chilled | 0709Other vegetables, fresh or chilled | |
| 27. | 0709.30- Aubergines (Egg-plants) | 0709.3000- Aubergines (Egg-plants) |
| 28. | 0709.51(00)- Mushrooms | 0709.5100- Mushrooms and truffles:– – Mushrooms of the genus Agaricus |
| 29. | 0709.60- Fruits of the genus Capsicum or of the genus Primenta | 0709.6000- Fruits of the genus Capsicum or of the genus Primenta |
| 30. | 0709.90- Other | 0709.9010- Other:– – – Bamboo shoots |
| 0709.9090- Other:– – – Other | ||
| 0710Vegetables (uncooked or cooked by steaming or boiling in water), frozen | 0710Vegetables (uncooked or cooked by steaming or boiling in water), frozen | |
| 31. | 0710.22- – Beans (Vigna spp., Phaseolus spp.) | 0710.2210- – Beans (Vigna spp., Phaseolus spp.)– – – Small red (Adzuki) beans (Phaseolus or Vigna angularis) |
| 0710.2290- – Beans (Vigna spp., Phaseolus spp.)– – – Other | ||
| 32. | 0710.29- – Other | 0710.2900- – Other |
| 33. | 0710.40- Sweet corn | 0710.4000- Sweet corn |
| 34. | 0710.80- Other Vegetables | 0710.8010- Other Vegetables:– – – Sungmo |
| 0710.8020- Other Vegetables:– – – Garlic stems, garlic seedlings | ||
| 0710.8090- Other Vegetables:– – – Other | ||
| 35. | 0710.90- Mixtures of vegetables | 0710.9000- Mixtures of vegetables |
| 0711Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions) but unsuitable in that state for immediate consumption | 0711Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption | |
| 36. | 0711.10- Onions | 0711.9039- Other Vegetables, mixtures vegetables:– – – In brine:– – – – Other (ex.) |
| 0711.9090- Other Vegetables, mixtures vegetables:– – – Other (ex.) | ||
| 37. | 0711.40- Cucumbers and gherkins | 0711.4000- Cucumbers and gherkins |
| 38. | 0711.90- Other vegetables; mixtures vegetables | 0711.9031- Other Vegetables, mixtures vegetables:– – – In brine:– – – – Bamboo shoots |
| 0711.9034- Other Vegetables, mixtures vegetables:– – – In brine:– – – – Garlic | ||
| 0711.9039- Other Vegetables, mixtures vegetables:– – – In brine:– – – – Other | ||
| 0711.9090- Other Vegetables, mixtures vegetables:– – – Other | ||
| 0712Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared | 0712Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared | |
| 39. | 0712.20- Onions | 0712.2000- Onions |
| 40. | 0712.30- Mushroom and truffles | 0712.3100- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles– – Mushrooms of the genus Agaricus |
| 0712.3910- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles– – Other– – – Shiitake | ||
| 0712.3920- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles– – Other– – – Winter mushroom | ||
| 0712.3930- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles– – Other– – – Paddy straw mushroom | ||
| 0712.3940- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles– – Other– – – Tricholoma mongolicum Imai | ||
| 0712.3990- Mushrooms, wood ears (Auricularia spp.), jelly fungi (Tremella spp.) and truffles– – Other– – – Other | ||
| 41. | 0712.90- Other vegetables; mixtures vegetables | 0712.9010- Other vegetables; mixtures vegetables:– – – Bamboo shoots |
| 0712.9020- Other vegetables; mixtures vegetables:– – – Osmund | ||
| 0712.9030- Other vegetables; mixtures vegetables:– – – Day lily flowers | ||
| 0712.9040- Other vegetables; mixtures vegetables:– – – Wild brake | ||
| 0712.9050- Other vegetables; mixtures vegetables:– – – Garlic | ||
| 0712.9090- Other vegetables; mixtures vegetables:– – – Other | ||
| 0713Dried leguminous vegetables, shelled, whether or not skinned or split | 0713Dried leguminous vegetables, shelled, whether or not skinned or split | |
| 42. | 0713.30- Beans (Vigna spp., Phaseolus spp.) | 0713.3110- Beans (Vigna spp., Phaseolus spp.):– – Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek:– – – Seed |
| 0713.3190- Beans (Vigna spp., Phaseolus spp.):– – Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek:– – – Other | ||
| 0713.3211- Beans (Vigna spp., Phaseolus spp.):– – Small red (Adzuki) beans (Phaseolus or Vigna Augularis):– – – Seed:– – – – Small red (Adzuki) beans | ||
| 0713.3219- Beans (Vigna spp., Phaseolus spp.):– – Small red (Adzuki) beans (Phaseolus or Vigna Augularis):– – – Seed:– – – – Other | ||
| 0713.3290- Beans (Vigna spp., Phaseolus spp.):– – Small red (Adzuki) beans (Phaseolus or Vigna Augularis):– – – Other | ||
| 0713.3310- Beans (Vigna spp., Phaseolus spp.):– – Kidney beans, including white pea beans (Phaseolus vulgaris):– – – Seed | ||
| 0713.3390- Beans (Vigna spp., Phaseolus spp.):– – Kidney beans, including white pea beans (Phaseolus vulgaris):– – – Other | ||
| 0713.3900- Beans (Vigna spp., Phaseolus spp.):– – Other | ||
| 43. | 0713.90- Other | 0713.9010- Other:– – – Seed |
| 0713.9090- Other:– – – Other | ||
| 0714Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith | 0714Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith | |
| 44. | 0714.10- Manioc (Cassava) | 0714.1010- Manioc (Cassava):– – – Fresh |
| 0714.1020- Manioc (Cassava):– – – Dried | ||
| 0714.1030- Manioc (Cassava):– – – Chilled or frozen | ||
| 45. | 0714.20- Sweet potatoes | 0714.2011- Sweet potatoes:– – – Fresh:– – – – For cultivation |
| 0714.2019- Sweet potatoes:– – – Fresh:– – – – Other | ||
| 0714.2020- Sweet potatoes:– – – Dried | ||
| 0714.2030- Sweet potatoes:– – – Chilled or frozen | ||
| 46. | 0714.90- Other | 0714.9010- Other:– – – Water chestnut |
| 0714.9021- Other:– – – Lotus (Nelumbo nucifera) rootstock:– – – – For cultivation | ||
| 0714.9029- Other:– – – Lotus (Nelumbo nucifera) rootstock:– – – – Other | ||
| 0714.9090- Other:– – – Other | ||
| 0802Other nuts, fresh or dried, whether or not shelled or peeled | 0802Other nuts, fresh or dried, whether or not shelled or peeled | |
| 47. | 0802.00Other nuts, fresh or dried, whether or not shelled or peeled | 0802.1100- Almonds:– – In shell |
| 0802.1200- Almonds:– – Shelled | ||
| 0802.2100- Hazelnuts or filberts (Corylus spp):– – In shell | ||
| 0802.2200- Hazelnuts or filberts (Corylus spp):– – Shelled | ||
| 0802.3100- Walnuts:– – In shell | ||
| 0802.3200- Walnuts:– – Shelled | ||
| 0802.4010- Chestnuts (Castanea spp.):– – – Chestnuts | ||
| 0802.4090- Chestnuts (Castanea spp.):– – – Other | ||
| 0802.5000- Pistachios | ||
| 0802.9010- Other:– – – Betel nuts | ||
| 0802.9020- Other:– – – Gingko nuts | ||
| 0802.9030- Other:– – – Pine-nuts, shelled | ||
| 0802.9041- Other:– – – Hawaiian nuts:– – – – Seed | ||
| 0802.9041- Other:– – – Hawaiian nuts:– – – – Seed | ||
| 0802.9090- Other:– – – Other | ||
| 0804Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried | 0804Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried | |
| 48. | 0804.30- Pineapples | 0804.3000- Pineapples |
| 49. | 0804.50- Guavas, mangoes and mangosteens | 0804.5010- Guavas, mangoes and mangosteens– – – Guavas |
| 0804.5020- Guavas, mangoes and mangosteens– – – Mangoes | ||
| 0804.5030- Guavas, mangoes and mangosteens– – – Mangosteens | ||
| 0805Citrus fruit, fresh or dried | 0805Citrus fruit, fresh or dried | |
| 50. | 0805.10- Oranges | 0805.1000- Oranges |
| 51. | 0805.30- Lemons (Citrus limons, citrus limonum) and limes (Citrus aurantifolia) | 0805.5000- Lemons (Citrus limons, citrus limonum) and limes (Citrus aurantifolia) |
| 52. | 0805.90- Other | 0805.9000- Other |
| 0807Melons (including watermelons) and papaws (papayas), fresh | 0807Melons (including watermelons) and papaws (papayas), fresh | |
| 53. | 0807.10- – Melons( including watermelons) | 0807.1100- Melons (including watermelons):– – Watermelons |
| 0807.1910- Melons (including watermelons):– – Other:– – – Hami melons | ||
| 0807.1920- Melons (including watermelons):– – Other:– – – Cantaloupe and Galia melons | ||
| 0807.1990- Melons (including watermelons):– – Other:– – – Other | ||
| 54. | 0807.20- – Papaws (papaya) | 0807.2000- Papaws (papayas) |
| 0813Fruit, dried, other than that of headings Nos. 08.01 to 08.06 mixtures of nuts or dried fruits of this Chapter | 0813Fruit, dried, other than that of headings Nos. 08.01 to 08.06 mixtures of nuts or dried fruits of this Chapter | |
| 55. | 0813.40- Other | 0813.4010- Other fruit:– – – Longans and longan pulps |
| 0813.4020- Other fruit:– – – Persimmons | ||
| 0813.4030- Other fruit:– – – Red jujubes | ||
| 0813.4090- Other fruit:– – – Other | ||
| 56. | 0813.50- Mixtures of nuts or dried fruits of this Chapter | 0813.5000- Mixtures of nuts or dried fruits of this Chapter |
(f) Malaysia : No exclusion of any product for
China. Exclusion of the following
products for ASEAN Member
States:
| S/No | HS Code/Product Description (Malaysia) |
| 1. | 0407.00.111Fresh hens’ eggs, in shell, for hatching |
| 2. | 0407.00.112Fresh ducks’ eggs, in shell for hatching |
| 3. | 0803.00.100Pisang mas, fresh or dried |
| 4. | 0803.00.200Pisang rastali, fresh or dried |
| 5. | 0803.00.300Pisang berangan, fresh or dried |
| 6. | 0803.00.400Pisang embun, fresh or dried |
| 7. | 0803.00.900Other bananas, including plantains, fresh or dried |
| 8. | 0804.30.000Pineapples, fresh or dried |
| 9. | 0804.50.100Guavas, fresh or dried |
| 10. | 0804.50.200Mangoes, fresh or dried |
| 11. | 0804.50.300Mangosteens, fresh or dried |
| 12 | 0807.11.000Watermelons, fresh |
| 13. | 0807.19.000Other melons, fresh |
| 14. | 0807.20.100Mardi backcross, solo (betik solo), fresh |
| 15. | 0807.20.900Other papaws (papayas), fresh |
| 16. | 0810.60.000Durians, fresh |
| 17. | 0810.90.110Rambutan, fresh |
| 18. | 0810.90.130Langsat, fresh |
| 19. | 0810.90.140Jack fruit (cempedak and nangka), fresh |
| 20. | 0810.90.160Cikus, fresh |
| 21. | 0810.90.170Star fruits, fresh |
| 22. | 0810.90.190Other tropical fruit, fresh |
(g) Myanmar : No exclusion of any product.
(h) Philippines : Philippines to insert exclusion list
(i) Singapore : No exclusion of any product.
(j) Thailand : No exclusion of any product.
(k) Vietnam : Exclusion of the following products
for China and ASEAN Member
States:
(Note: This Exclusion List will be transposed in accordance with the new tariff nomenclature enacted by the Ministry of Finance Decision No. 82/2003/QD-BTC of 13 June 2003. The same product coverage as contained in the original Annex 1 of the Framework Agreement will be maintained.)
| S/No | HS CodeProduct Description(China) | HS CodeProduct Description(Malaysia) |
| 1. | 09012200Coffee, roasted: Decaffeinated | 090122000Coffee, roasted: Decaffeinated |
| 2. | 15131100Coconut (copra) oil and its fractions: Crude oil | 151311000Coconut (copra) oil, crude |
| 3. | 15132100Palm kernel or babassu oil and fractions thereof; Crude oil | 151321100Palm kernel oil, crude151321900Palm kernel or babassu oil and fractions thereof, crude |
| 4. | 15132900Palm kernel or babassu oil and fractions thereof: Other | 151329110Palm kernel olein, crude151329120Palm kernel olein, RBD151329130Palm kernel oil, RBD151329141Solid fractions of palm kernel stearin, crude not chemically modified151329149Solid fractions of other than palm kernel stearin, crude not chemically modified151329190Palm kernel oil, other than RBD or solid fraction not chemically modified151329910Babassu oil, solid fractions not chemically modified151329990Babassu oil other than solid fractions not chemically modified |
| 5. | 15162000Vegetables fats and oils and their fractions thereof | Vegetables fats and oils and their fractions: Re-esterified fats and oils and their fractions:151620111of soya bean |
| 151620112of cotton seed151620113of ground-nut | ||
| 151620114of sunflower seed151620115of olive151620120of rape, colza and mustard seed | ||
| 151620130of palm oil, crude151620141of palm oil, other than crude: in packings not exceeding 20kg | ||
| 151620149of palm oil, other than crude: in packings exceeding 20kg151620150of coconut | ||
| 151620161of palm kernel oil: crude151620162of palm kernel oil: refined, bleached and151620191of maize151620192of linseed151620193of castordeodorised (RBD) | ||
| 151620171of palm kernel olein: crude151620179of palm kernel olein: refined, bleached and deodorised (RBD) | ||
| 151620181of sesame seed151620182of almond151620183of illipenut | ||
| 151620191of maize151620192of linseed151620193of castor | ||
| 151620199other151620910Other: hydrogenated ground-nut oil | ||
| 151620920Other: hydrogenated sesame seed oil151620930Other: hydrogenated castor oil (“opal wax”) | ||
| 151620940Other: palm kernel stearin, crude151620950Other: palm kernel stearin, RBD | ||
| 151620960Other: palm kernel olein, hydrogenated and RBD151620970Other: palm kernel stearin, hydrogenated and RBD | ||
| 151620981Other: palm stearin of iodine value not exceeding 48: crude | ||
| 151620982Other: palm stearin of iodine value not exceeding 48: refined, bleached and deodorised (RBD) | ||
| 151620989Other: palm stearin of iodine value not exceeding 48: other | ||
| 151620990Other: other | ||
| 6. | 15179000Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading No. 15.16. Other | Margarine; edible mixtures or preparations of animals or vegetable fats or of fractions or different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No. 15.16.- Other:151790100Imitation ghee |
| 151790200Imitation lard151790300Liquid margarine151790400Mould release preparations | ||
| Of mixtures or preparations of vegetable fats or oils or of their fractions:151790510solid mixtures or preparations | ||
| liquid mixtures or preparations:151790521of which ground-nut oil predominates151790522of which linseed oil predominates | ||
| 151790524of which palm oil predominates: crude151790526of which palm oil predominates: other:in packings not exceeding 20kg | ||
| 151790529of which palm oil predominates: other:In packings exceeding 20 kg151790531of which palm kernel oil predominates:crude | ||
| 151790532of which palm kernel oil predominates: refined, bleached and deodorised (RBD)151790541of which palm kernel olein predominates:crude | ||
| 151790542of which palm kernel olein predominates: refined, bleached and deodorised (RBD)151790550of which castor oil predominates151790551of which tung oil predominates | ||
| 151790552of which sesame oil predominates151790553of which almond oil predominates151790554of which maize (corn oil) predominates | ||
| 151790555of which soya bean oil predominates151790556of which cotton seed oil predominates151790557of which olive oil predominates151790558of which sunflower seed oil predominates | ||
| 151790559of which rape, colza or mustard oil predominates151790560of which illipenut oil predominates151790561of which coconut oil predominates151790590other | ||
| 151790600Of mixtures or preparations of animals fats or oils or of their fractions151790900Other | ||
| 7. | 18010000Cocoa beans, whole or broken, raw or roasted | 180100000Cocoa beans, whole or broken, raw or roasted |
| 8. | 18031000Cocoa paste, whether or not defatted: Not defatted | 180310000Cocoa paste, whether or not defatted |
| 9. | 18032000Cocoa paste, whether or not defatted: Wholly or partly defatted | 180320000Cocoa paste, whether or not defatted: wholly or partly defatted |
| 10. | 18040000Cocoa butter, fat and oil | 180400000Cocoa butter, fat and oil |
| 11. | 18050000Cocoa powder, not containing added sugar or other sweetening matter | 180500000Cocoa powder, not containing added sugar or other sweetening matter |
| 12. | 18061000Cocoa powder, containing added sugar or other sweetening matter | 180610000Cocoa powder, containing added sugar or other sweetening matter |
| 13. | 27011100Anthracite | 270111000Coal, whether or not pulverised, but not agglomerated: Anthracite |
| 14. | 27040010Coke and semi-coke | 270400100Coke and semi-coke of coal |
| 15. | 34011990Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent:–Other:—Other | 340119900Other soap other than for toilet use and other than those falling under sub-heading 3401.19.100 to 3401.19.690 |
| 16. | 34012000Soap in other forms | 340120000Soap in other forms |
| 17. | 38231100Industrial monocarboxylic fatty acids; acid oils from refining:Stearic acid | 382311000Industrial monocarboxylic fatty acids; acid oils from refining:Stearic acid |
| 18. | 40169200Other articles of vulcanised rubber other than hard rubber: Other:-Erasers | 401692100Other articles of vulcanised rubber other than hard rubber: Other:-Erasers401692900Erasers: Other |
| 19. | 70112000Glass envelopes (including bulbs and tubes), open, and glass parts thereof, without fittings, for electric lamps, cathode-ray tubes or the like: For cathode-ray tubes | 701120000Glass envelopes (including bulbs and tubes), open, and glass parts thereof, without fittings, for electric lamps, cathode-ray tubes or the like: For cathode-ray tubes |
6. Philippines: To insert specific products
7. Thailand:
| S/No | HS CodeProduct Description(China) | HS CodeProduct Description(Thailand) |
| 1. | 27011100Anthracite | 2701110008Anthracite, whether or nor pulverized, but not agglomerated |
| 2. | 27040010Coke and Semi-coke | 2704000904Coke and Semi-Coke of Coal, of Lignite or of Peat |
8. Vietnam: Nil
[1] Plant here refers to all plant life, including fruit, flowers, vegetables, trees, seaweed, fungi and live plants
[2] Animals referred to in paragraph (b) and (c) covers all animal life, including mammals, birds, fish, crustaceans, molluscs, reptiles, bacteria and viruses.
[3] Products refer to those obtained from live animals without further processing, including milk, eggs, natural honey, hair, wool, semen and dung.
[4] This would cover all scrap and waste including scrap and waste resulting from manufacturing or processing operations or consumption in the same country, scrap machinery, discarded packaging and all products that can no longer perform the purpose for which they were produced and are fit only for discarding or for the recovery of raw materials. Such manufacturing or processing operations shall include all types of processing, not only industrial or chemical but also mining, agriculture, construction, refining, incineration and sewage treatment operations.
[5] This excludes encapsulation which is termed “packaging” by the electronics industry.
[6] Sweet Corn (HS 0710.10.000) from Indonesia is subject to multilateral negotiations in the WTO.
