Professional Documents
Culture Documents
Guide To Using Chafta To Export and Import Goods
Guide To Using Chafta To Export and Import Goods
Guide To Using Chafta To Export and Import Goods
DISCLAIMER
This document is intended to provide guidance only, and is not to be read as legal advice or similar. DFAT does not guarantee, and accepts no
liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material in this Guide or any linked
Australian Government website. Users of this Guide should exercise their own skill and care with respect to the information and advice in this Guide.
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
1
search for your product by name.
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
2
2 HOW
STEP 2: UNDERSTAND HOW YOUR elimination of the tariff over 15 equal
GOODS WILL BE TREATED UNDER annual stages, beginning on the date of
CHAFTA ChAFTA’s entry into force (20 December
2015).
Once you have the tariff code, you can
determine how your goods will be treated There are also two special categories
under ChAFTA. Both China and Australia relating to tariffs which will be eliminated
have set out their commitments to reduce over 10 or 12 years respectively but where
duty rates on goods in lists, called tariff a special agricultural safeguard may
schedules (based on the HS). apply.
The schedules contain Category D relates to tariffs
thousands of rows of tariff What year has ChAFTA which will not be subject to any
lines that show in a reached now? changes under ChAFTA. On
column the base duty rate these products, the general
When reading the tariff
on which reductions most-favoured nation (MFN)
schedules, it is important to
occur. In a separate tariff rate will continue to apply
understand the relevant
column a code is used to (i.e. there is no preferential
‘year’ of ChAFTA’s operation.
indicate the tariff staging access under ChAFTA).
category followed by Year one under ChAFTA is
the date of entery into force For wool exports to China,
columns indicating the
in 20 December 2015. The ChAFTA also allows a certain
preferential duty rate each
remainder of the agreement volume of Australian exports,
year from entry into force
is therefore dated as follows: which would otherwise be
until full implementation.
subject to a tariff, to be imported
Both countries tariff Date Year of duty free (referred to as a
schedules can be found in commencing ChAFTA’s country specific tariff-rate
ChAFTA Chapter Two, operation quota). This allows Australian
Trade in Goods: Annex I – 20 Dec 2015 1 businesses to export duty free
Schedule in Relation to 1 Jan 2016 2 (the ‘in-quota’ rate) up to a
Article 2.4 (Elimination of 1 Jan 2017 3 combined total of 30,000 tonnes
Customs Duties), 1 Jan 2018 4 annually from 20 December
available at 1 Jan 2019 5
2015 and growing over nine
www.dfat.gov.au/trade/agr years to 44,324 tonnes. Details
1 Jan 2020 6
eements/chafta/official- of the wool tariff quota are found
1 Jan 2021 7
documents/Pages/official- in ChAFTA Annex 2-A. Australia
documents.aspx. 1 Jan 2022 8 also continues to be able to
1 Jan 2023 9 access China’s WTO Tariff
1 Jan 2024 10 Quota for wool at in-quota rates
Exporters 1 Jan 2029 15 of 1-3 per cent up to a volume
of 287,000 tonnes per annum.
If you are exporting to
China, you will need to All of these categories and
check China’s tariff schedule (found here). conditions are explained in Chapter Two
China’s staging categories range from A- of ChAFTA and related annexures.
0, indicating elimination on 20 December
2015, to B-15, indicating gradual
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
3
Importers
If you are importing from China, you will
need to check Australia’s tariff schedule
(found here). Australian staging categories
range from 0, indicating immediate
elimination on entry into force (20
December 2015), to 5, indicating gradual
elimination of the base duty rate over 5
equal annual stages, beginning on entry
into force of ChAFTA.
HS Code Description Base Staging Year Year Year Year Year Year Year Year Year Year
Rate Category 1 2 3 4 5 6 7 8 9 10
20 1 1 1 1 1 1 1 1 1
Dec Jan Jan Jan Jan Jan Jan Jan Jan Jan
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
For dried peas, China’s base tariff is five per cent; this will be eliminated on the day of entry into force
(year 1) of ChAFTA, and remain zero from there on.
In the case of butter, China’s base tariff is 10 per cent; this tariff will be reduced to and bound at zero for
products of Australian origin, over ten (10) equal annual stages beginning from entry into force (year 1) of
the agreement. These goods shall be free of customs duty ten years after entry into force.
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
4
3 WHERE?
STEP 3: DETERMINE WHETHER YOUR Wholly Obtained Goods
GOODS MEET RULES OF ORIGIN Wholly obtained goods are goods which
REQUIREMENTS are exclusively derived from one country.
ChAFTA preferential rules of origin (ROO) Typically these are agricultural goods and
are agreed criteria used to ensure that natural resources. The table on page 10
only goods originating in either China or sets out the categories of goods which
Australia enjoy duty preferences under the ChAFTA treats as wholly obtained.
agreement. Preferential ROO are required ChAFTA also treats goods that are made
to prevent transhipment, whereby goods exclusively from wholly obtained goods as
from a third party are redirected through being wholly obtained (Article. 3.3 (j)).
either China or Australia to take
Goods produced entirely in Australia or
advantage of the FTA to avoid the
payment of import tariffs. Any imports into China
China or Australia that do not comply with Goods produced entirely in China or
the ROO set out in Chapter 3 and Annex II Australia (or both), from materials
(Product Specific Rules of Origin) will be classified as ‘wholly obtained’ or
subject to the general rate of duty instead ‘originating’ under the Rules of Origin
of the preferential rates available under (ROO), will qualify as ‘originating’ under
ChAFTA. ChAFTA and qualify for preferential tariff
In general, a good will qualify as treatment.
‘originating’ under ChAFTA if it is:
Goods containing inputs from outside
. ‘wholly obtained’ or produced China or Australia
entirely in China or Australia (or Goods made from inputs sourced from
both); outside China or Australia may still qualify
. produced entirely in China or as originating, as long as they have
Australia (or both), from materials undergone a ‘substantial transformation’ in
classified as ‘originating’ under the China or Australia (or both).
ROO; or Product Specific Rules (PSRs) set out in
. manufactured in China or Australia ChAFTA Chapter Two- Annex II: Product
(or both) using inputs from other Specific Rules of Origin, provide rules by
countries, while meeting the Product which China and Australian customs
Specific Rule (PSR) applicable to authorities will determine whether a good
that good. has undergone a substantial
transformation. If your good contains
inputs from outside Australia or China, you
will need to check the applicable PSR to
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
5
determine whether your good qualifies as
. Change in tariff subheading
originating.
(CTSH) – change in any of the six
digits of the HS code of non-
Understanding PSRs
originating materials once part of the
Change in tariff classification finished product. E.g. importing an
Most PSRs in ChAFTA apply a change in antisera or immunological product
tariff classification (CTC) approach. A CTC (HS 3002.10) and using it to
rule requires that any non-originating produce a vaccine for human
inputs/materials that are incorporated into medicine (HS 3002.20).
the final good undergo a specified change Some CTC rules specifically exclude the
in tariff classification (HS code) in possibility of applying a CTC rule to
Australia or China. certain inputs. This is done by excluding
For example, pure gold (HS 7108.13) has chapters. For example, caustic soda in
a different classification to gold jewellery solution (HS 2815.12) is ‘CTSH except
(HS 7113.19). In the process of being from 2815.11’. Subheading 2815.11
incorporated into jewellery, the tariff includes caustic soda as a solid. This rule
classification of gold changes. The therefore means that if you import non-
ChAFTA PSRs mean that jewellery originating solid caustic soda and simply
manufactured in Australia or China from mix it with water to produce a caustic soda
imported gold would count as ‘originating’, solution, you will not be eligible for a
regardless of where the original gold came preferential customs duty when it is
from. exported to China.
6
Other Approaches
. for some textile products, fully
Some PSRs allow for a process to grant finishing imported raw fabric may
originating status, for example: grant origin.
2818.20 - Aluminium oxide, other than artificial corundum CTSH except from
heading 26.06 or
subheading 2620.40
In the above example, non-originating inputs into preparations, such as biscuits, must undergo
a change in chapter (change in the first two digits of the HS classification).
Petroleum gases, on the other hand, must have all non-originating materials used in
production undergo a change in the tariff classification at the 4-digit level. Aluminium oxide
must undergo the change in tariff classification at the 6-digit level and not use non-originating
products from 2606 (aluminium ores) or 2620.40 (aluminium slag or residue).
Further information can be found in the headnotes to Annex II or by contacting your customs
broker.
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
7
that fungible goods are originating under
Other Important ROOs
ChAFTA. More information is available in
There are other important factors to take Article. 3.9
into account in understanding whether
Minimal operations or processes
your good qualifies as originating.
Goods will not qualify as originating if they
De Minimis
have only undergone a simple process
Where a good contains a small amount of such as packaging, simple grinding or
imported inputs, but those non-originating washing. A full list of processes that will
inputs fail to achieve the necessary CTC not confer origin is available in ChAFTA
once incorporated in the final good, the Article 3.12.
product may still qualify as originating. If
Neutral elements
the value of all non-originating materials
used in producing the good does not Materials which are used in the production
exceed 10 per cent of the value of the of a good, but are not physically part of it,
good, the product will count as originating are not counted in determining whether a
under the de minimis rule. The goods product is originating. Examples include
seeking de minimis classification must fuel and energy, tools, moulds, catalysts
comply with any other applicable and solvents. A full list is available in
requirements of the ROOs. Further ChAFTA Article. 3.11.
information in ChAFTA Article. 3.7. Box 3 Accessories, spare parts and tools
on page 11 provides details on calculating
a good’s value. The origin of accessories, spare parts or
tools presented and classified with a good
Cumulation will not be taken into account to assess
whether a good has complied with
The rule of cumulation provides that goods
applicable ROOs, provided that the
which are originating in one country are
quantity of accessories is what is
considered originating in the other for the
customarily supplied with those finished
purposes of ChAFTA. Thus, if Australian-
goods and they are not invoiced
originating goods were incorporated into a
separately. The value of accessories,
product made in China, that input would
spare parts and tools is considered,
be treated as if it originated in China.
however, in assessing a good for the
Fungible materials purposes of an RVC rule.
Fungible materials are those which are Packing, packages and containers
identical or interchangeable, because they Packing materials and containers for
are of the same kind of commercial shipping and transport (not retail
quality, possess the same technical and packaging) can be disregarded when
physical characteristics, and, once mixed, determining the origin of a good. Article
cannot be readily distinguished. Examples 3.10 provides further detail.
include natural gas, grain, or simple parts
(e.g. rivets). Specific accounting rules Retail packaging materials, provided that
apply to exporters wishing to demonstrate they are classified with the good, are not
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
8
taken into account in determining whether other than the commercial documentation
a product is originating. For example, in ordinarily required to be kept by importers.
the case of wine bottled in non-originating
Before entry into force, China will confirm
bottles for retail sale, the bottles would not
any specific additional documentation
be taken into account in assessing
requirements for goods transhipped into
whether the wine itself was originating.
China (including through Hong Kong and
However, retail packaging materials are
Singapore) that seek preferential
considered in assessing the value of non-
treatment. This guide will be updated to
originating materials in a good for the
outline China’s requirements.
purposes of an RVC rule, where one
applies. Further information can be found
in ChAFTA Article 3.10.
Transit through a third-party
ChAFTA is designed to reflect modern
trading practices, including the use of
transport and distribution hubs for
consignments of goods. Provided that
goods meet a range of conditions
including:
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
9
A GUIDE TO USING RULES OF ORIGIN UNDER CHAFTA
YES
inputs) wholly obtained or
See Box 1
NO
produced?
NO
RVC(XX)), you may select one or the other. Some products may
only meet the CTC rule, others only the RVC rule.
NO YES
Can the goods benefit
from the de minimis
Do non-originating materials
constitute less than 10 per
rule?
NO YES
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
10
A GUIDE TO USING RULES OF ORIGIN UNDER CHAFTA
1. Is the good wholly obtained? 2. Does the good meet the 3. Does the good comply with the Regional 4. Can the good
relevant Change in Tariff Value Content rule? benefit from the de
Classification Rule? minimis principle?
Wholly obtained goods from the territory of Check the CTC rule applicable to Working out the RVC De minimis allows goods
one or both of the parties (see Article 3.3): the tariff classification for your where the inputs have not
The RVC percentage of a good can be assessed using undergone the requisite CTC
live animals born and raised in the territory; goods at Annex II: Product the following method. Further information is available in to still qualify as originating if
Specific Rules of Origin, for ChAFTA Article 3.5: the value of non-originating
example: materials does not exceed
goods obtained from live animals born and raised
in the territory; CC – do the non-originating inputs 10 per cent of the value of
that went into the product now RVC = V – VNM x 100 the final good.
goods obtained directly from hunting, trapping,
fishing, aquaculture, gathering or capturing come under a different chapter as V The good still needs to meet
conducted in the territory of a Party; part of the finished product all other applicable ROO
(change in any of the first two provisions.
plants and plant products harvested, picked or
gathered in the territory of a Party; digits of the tariff classification)? RVC is the regional value content, expressed as a See Article 3.7 for more
percentage; information.
mineral and other naturally occurring substances CTH – do the non-originating
V is the value of the good, as determined in accordance
extracted or taken in the territory of a Party inputs that went into the good now
with the provisions of the Customs Valuation Agreement;
come under a different tariff
goods, other than fish, shellfish, plant and other
heading as part of the finished The value of goods is worked out in accordance with the
marine life, extracted or taken from the waters,
product (change in any of the first WTO Customs Valuation Agreement. Generally speaking,
seabed or subsoil beneath the seabed outside the
the value is the purchase price of the good plus any
territory of the Party, provided that the Party has four digits of the tariff
transaction costs like brokerage, packaging etc. Consult
the right to exploit such water, seabed or subsoil classification)? your customs broker if you think there may be an issue in
beneath the seabed in accordance with
CTSH— do the non-originating identifying the value of your goods.
international law and the domestic law of the
Party; inputs that went into the product VNM is the value of non-originating materials, including
now come under a different tariff materials of undetermined origin, used in the production
goods (fish, shellfish, plant and other marine life)
subheading as part of the finished of the good. Further details about determining VNM can
taken from the high seas by a vessel registered
product (change in any of the six be found in ChAFTA Article 3.5(2).
with a Party and flying its flag;
digits of the tariff classification)?
goods obtained or produced from the goods
referred to above on board factory ships
registered with a Party and flying its flag;
waste and scrap derived from production in the
territory or from used goods collected in the
territory of a Party; provided that such goods are
fit only for the recovery of raw materials;
goods produced entirely in the territory of a Party
exclusively from goods referred to above
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
11
4 CERTIFY
A COO applies to a single shipment, it
STEP 4: PREPARE A CERTIFICATE may cover one or more goods but must
OF ORIGIN FOR YOUR GOODS not exceed 20 items and is valid for one
year.
Once you have gone through the first
three steps and determined that your Under ChAFTA, exporters or producers
goods will qualify for preferential tariff must maintain all records necessary to
treatment under ChAFTA, you will need demonstrate a goods’ origin for three
to complete the appropriate years after signing a COO or longer
documentation to demonstrate this, where a Party’s laws and regulations
should you be asked, to the importing require.
customs authority. This can be done by Exporters or importers into Australia
using a Certificate of Origin (COO). should note that records must be
A COO needs to be issued by an retained for five years.
authorised body in the country of origin. ChAFTA Article 3.20 provides details on
For exporters to China, Australia’s record keeping requirements.
authorised bodies are: Declaration of Origin
. The Australian Chamber of Alternatively, an exporter or producer
Commerce and Industry (ACCI) may choose to complete a Declaration
. The Australian Industry Group
of Origin (DOO). A DOO may be
accepted in place of a COO for goods
(AIG) covered by an advance ruling on origin.
. The Australian Grape and Wine A DOO must be based on a template
Authority (AGWA) (for wine and set out in Annex 3-B of ChAFTA. Using
wine-related products) a DOO is a form of self-certification and
does not require the DOO to be issued
For importers to Australia, China’s
by an authorised body. More information
authorised bodies are:
about advance rulings can be found on
. General Administration of Quality
page 2 of this guide and in ChAFTA
Article 4.9.
Supervision, Inspection and
Quarantine (AQSIQ) DOOs apply to a single shipment and
. The China Council for the
remain valid for one year. A DOO
template is included at the back of this
Promotion of International Trade
guide (page 16).
These authorised bodies have COO
templates you can use. An example is Waiver of Certificate of Origin
included at the end of this guide, but A COO or DOO will not always be
exporters should seek the authorised required. For certain goods, Australia or
template from the relevant authorising China have waived the requirement
body (page 15). Further contact details altogether. Neither country will require a
are available at the end of this guide COO or DOO for goods where the total
(page 14). customs value is less than 1000 AUD
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
12
(for Australia) or 6000 RMB (for China). retrospectively. In such a case,
ChAFTA allows both countries to raise exporters must note their intention to
this threshold as required. You should seek retrospective preferential
check with the relevant importing
treatment, at the time of importation by
customs authority for more up-to-date
information. selecting the appropriate option on
China’s importation documentation.
Verification
Customs authorities may need to verify Australia will accept a COO issued
the information contained in a COO or before entry into force for goods en
DOO. The approach they follow for such route (traders should contact China’s
processes is outlined in ChAFTA Article authorised bodies for details on when
3.21. Verification activities may involve: they will begin issuing COO) and, if
. requests for information from the
required, such goods may claim a
refund of duty paid if a COO was not
authorised body, the importer, the
exporter, or the producer; available at the time of importation.
. requests for information from the Goods stored in bonded warehouses at
exporting customs authority; or the time of entry into force
. a request to undertake a
Under domestic regulations, China
verification visit to the premises or
factory of the exporter or considers goods in bonded warehouses
producer. in China at the time of entry into force as
having entered China. These goods will
Seeking preferential rates before not be eligible for preferential tariff
entry into force treatment under ChAFTA.
Shipments en route to Australia or In Australia, goods stored in bonded
China before entry into force warehouses as of the date of entry into
China will not accept COOs issued force will be eligible for preferential tariff
before entry into force of ChAFTA, for treatment under ChAFTA, as long as
goods en route. In this circumstance, they meet the other requirements of the
preferential treatment can be sought FTA.
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
13
CONTACTS FOR FURTHER INFORMATION
Australia
For general inquiries concerning ChAFTA
. Department of Foreign Affairs and Trade
Ph: (02) 6261 1888
Email: chinafta@dfat.gov.au
Web: dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
For all Australian customs matters, including import requirements and procedures,
advance rulings, enquiries about tariff classifications and ROOs
. Department of Immigration and Border Protection
Ph: 131 881
. Email chafta@border.gov.au
Web: www.border.gov.au/Busi/Free/China (this site includes sample COOs and
DOOs)
China
. China Customs Service
Web: english.customs.gov.cn/
. China Ministry of Commerce FTA Network
Web: fta.mofcom.gov.cn/topic/enaustralia.shtml
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
14
CERTIFICATE OF ORIGIN
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
15
DECLARATION OF ORIGIN
China-Australia Free Trade Agreement
On behalf of
______________________________________________________________, being the
(print exporter’s or producer’s name and address)
EXPORTER / PRODUCER / EXPORTER AND PRODUCER,
(strike out those which do not apply)
I hereby declare that the goods described below are originating goods from
AUSTRALIA / CHINA
(strike out that which does not apply)
in accordance with the rules of origin requirements of the China-Australia Free Trade
Agreement.
I am legally responsible for the truthfulness and authenticity of what is declared in this
document.
Signature: ________________________________________________
Name: _________________________________________________
Position: _______________________________________________
Date: __________________________________________________
Note: This declaration must be printed and presented as a separate document
accompanying the commercial invoice. The maximum number of items covered by this
declaration should not exceed 20.
Last update: 09.12.2015. More information on the China-Australia Free Trade Agreement is available at
http://dfat.gov.au/trade/agreements/chafta/Pages/australia-china-fta.aspx
16