U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 34 of 101
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Committee on Rules of Origin
Summary of issues by theme Raised by Raised by China's response
United other WTO
Method of calculating percentage of Chinese The method applied was that the value-added
substantial transformation. Taipei - component was more than 30 percent in the
Writtena total value of a new product, the calculation of
which was that the CIF value of non-original
component was 70 percent or less in FOB
value of the product after being processed.
Review of origin by judicial, arbitral, or Chinese In accordance with Article 8 of Announcement
administrative procedures; importer's Taipei - No.17, 2001 of the General Administration of
appeal procedures for ruling on origin; Writtena Customs, the party dissenting to the decision
authority that assesses appeal. made by the Customs may apply for
administrative review or bring a suit before a
people's court. In accordance with Article 6,
the review had the right to change or annul
specific pre-determination of origin made by
the Customs. The application of
administrative or judicial review was based on
Administrative Review Law of the People's
Republic of China, Provisions for the
Implementation of Administrative Review Law
of the Customs of the People's Republic of
China, and Administrative Procedure Law of
the People's Republic of China. (Verbalb)
Regulations concerning confidentiality of Chinese In accordance with Article 9 of Announcement
information. Taipei - No.17, 2001 of the General Administration of
Writtena Customs, the Customs would not disclose the
information for origin pre-determination
without the specific permission of the person
concerned, except to the extent that it may be
required to be disclosed in the context of
judicial proceedings. (Verbalb)
Punishment for import of products Chinese Actions such as false declaring of country or
whose origin is falsely reported or Taipei - faking certificate of origin were dealt with by
counterfeited; published records of Writtena Customs according to relevant stipulations of
punishment. Customs Law of the People's Republic of
China and the Rules of Administrative
Penalties for the Implementation of the
Customs Law. (Verbalb)
Customs list for manufacturing and Chinese China's existing non-preferential rules of
processes, application of rules, and Taipei- origin for exports were promulgated on 8
calculation of assembly ratio. Writtena March 1992 and came into effect on May 1,
1992. The rules were applied in issuing
Chinese certificate of origin for non-
preferential exports upon request of
consignee of the export and had no binding
on importing side. There was no origin
declaration requirement by Customs for
Source: GAO analysis of WTO documents.
aCommunication from Chinese Taipei: G/RO/W/99; dated 9/22/03.
bCommittee report detailing verbal statements made during meeting: G/RO/56; meeting dated 10/3/03.
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/34/: accessed May 25, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.