Zero-Tariff Origin Measures for 20 African Countries

Administrative Measures of the General Administration of Customs of the People's Republic of China on Rules of Origin for Imported Goods under the Zero-Tariff Initiative for the 20 African Countries Having Diplomatic Relations with China and Not Belonging to the Least Developed Countries

Article 1These Measures are formulated in accordance with the Customs Law of the People's Republic of China, the Tariff Law of the People's Republic of China, the Regulations of the People's Republic of China on Rules of Origin for Imported and Exported Goods, and other relevant laws and regulations, for the purpose of correctly determining the origin of imported goods under the zero-tariff initiative for the 20 African countries having diplomatic relations with China and not belonging to the least developed countries (hereinafter referred to as the "Zero-Tariff Initiative"), and promoting economic and trade exchanges between China and African countries having diplomatic relations with China.

Article 2 These Measures apply to the administration of origin of goods imported from the following countries: the People's Democratic Republic of Algeria, the Arab Republic of Egypt, the Republic of Botswana, the Republic of Equatorial Guinea, the Republic of Cape Verde, the Republic of the Congo, the Republic of Ghana, the Republic of Gabon, the Republic of Zimbabwe, the Republic of Cameroon, the Republic of Côte d'Ivoire, the Republic of Kenya, the State of Libya, the Republic of Mauritius, the Kingdom of Morocco, the Republic of Namibia, the Republic of South Africa, the Federal Republic of Nigeria, the Republic of Seychelles, and the Republic of Tunisia (hereinafter collectively referred to as "African Partner Countries"), for which application is made for the preferential tariff rate under the Zero-Tariff Initiative.

Article 3Imported goods that meet one of the following conditions and comply with other provisions of these Measures shall be considered as having originating status under the Zero-Tariff Initiative (hereinafter referred to as "originating status"):

(1) wholly obtained or produced in an African Partner Country;
(2) produced entirely in an African Partner Country using originating materials that meet the provisions of these Measures;
(3) produced in an African Partner Country using non-originating materials, provided that one of the following circumstances applies:

1. the goods fall within the scope of the product-specific rules of origin under the Zero-Tariff Initiative (see Annex 1) and satisfy the corresponding tariff classification change or other requirements;

2. the goods do not fall within the scope of the product-specific rules of origin under the Zero-Tariff Initiative, but meet a regional value content of not less than 40%.

Any changes to the product-specific rules of origin under the Zero-Tariff Initiative shall be separately announced by the General Administration of Customs.

Article 4 The term "wholly obtained or produced in an African Partner Country" as referred to in Article 3, paragraph 1, subparagraph (1) of these Measures means:

(1) live animals born and raised in an African Partner Country;
(2) goods obtained in an African Partner Country from the live animals referred to in subparagraph (1) of this Article;
(3) plants and plant products planted, harvested, picked, or gathered in an African Partner Country;
(4) goods obtained in an African Partner Country through hunting, trapping, fishing, aquaculture, gathering, or capture;
(5) minerals and other naturally occurring substances extracted or obtained from the soil, waters, seabed, or subsoil beneath the seabed in an African Partner Country, not covered in subparagraphs (1) to (4) of this Article;
(6) goods extracted from waters, seabed, or subsoil beneath the seabed beyond the territorial waters of an African Partner Country, over which that country has the right to exploit in accordance with international law and its domestic law;
(7) fish and other marine products obtained in waters beyond the territorial waters of an African Partner Country by vessels registered in and flying the flag of that country;
(8) goods processed or made on board a processing vessel registered in and flying the flag of an African Partner Country, exclusively from the goods referred to in subparagraph (7) of this Article;
(9) waste and scrap generated during processing in an African Partner Country, suitable only for the recovery of raw materials;
(10) used goods collected in an African Partner Country and suitable only for the recovery of raw materials;
(11) goods produced entirely in an African Partner Country exclusively from the goods referred to in subparagraphs (1) to (10) of this Article.

Article 5 The tariff classification change referred to in Article 3, paragraph 1, subparagraph (3) of these Measures means that after manufacturing or processing using non-originating materials in an African Partner Country, the specified digits of the tariff heading in the Import and Export Tariff of the People's Republic of China (hereinafter referred to as the "Tariff") have changed.

Article 6The regional value content referred to in Article 3, paragraph 1, subparagraph (3) of these Measures shall be calculated according to the following formula:

Where the "Value of non-originating materials" means the import cost, freight, and insurance premium to the port or place of destination of the non-originating materials determined in accordance with the WTO Valuation Agreement, including the value of materials of undetermined origin. Where non-originating materials are obtained within an African Partner Country, their value shall be the price actually paid or payable for the non-originating materials as first determined in that country, excluding freight, insurance, packaging costs, and any other costs incurred in transporting the non-originating materials from the supplier's warehouse to the producer's premises.

When calculating the regional value content in accordance with paragraph 1 of this Article, the value of non-originating materials shall not include the value of non-originating materials used in the production process for producing originating materials.

Article 7Originating materials of China used in the production of another good in an African Partner Country shall be considered as originating materials of that African Partner Country.

Originating materials of one African Partner Country used in the production of another good in another African Partner Country shall be considered as originating materials of that other African Partner Country.

The provisions of paragraph 2 of this Article shall apply only to those African Partner Countries that have signed and implemented a free trade agreement (including early harvest arrangements) with China.

Article 8For goods that qualify for originating status under the Zero-Tariff Initiative by applying the tariff classification change criterion, if the value, determined in accordance with Article 6 of these Measures, of all non-originating materials (including materials of undetermined origin) used in the production process that do not satisfy the tariff classification change does not exceed 10% of the FOB price of the goods, and the goods meet all other requirements of these Measures, the goods shall be considered as originating goods.

Article 9Goods that meet the provisions of Article 3, paragraph 1, subparagraph (3) of these Measures shall not be conferred originating status if they have undergone only one or more of the following operations or processes in the production:

(1) operations to ensure the goods remain in good condition during transport or storage;
(2) simple assembly of parts into a complete product, or simple disassembly of products into parts;
(3) changing packaging, breaking bulk, or combining packages;
(4) washing, cleaning, dust removal, oxide removal, degreasing, paint removal, and removal of other coatings;
(5) ironing or pressing of textiles;
(6) simple painting and polishing;
(7) husking, partial or complete bleaching, polishing, and glazing of cereals and rice;
(8) coloring, flavoring, or mixing with other materials of sugar, forming sugar lumps, or partially or fully grinding crystal sugar;
(9) peeling, stoning, and shelling of fruits, nuts, and vegetables;
(10) sharpening, simple grinding, or simple cutting;
(11) filtering, screening, selecting, classifying, grading, matching (including the making up of sets of articles), slitting, bending, winding, or unrolling;
(12) simple bottling, canning, jarring, bagging, casing, boxing, fixing on cards or boards, and other simple packaging operations;
(13) affixing or printing marks, labels, logos, and other distinguishing signs on the product or its packaging;
(14) simple mixing of goods of the same or different kinds;
(15) testing or calibration;
(16) diluting with water or another substance that does not materially alter the characteristics of the goods;
(17) drying, salting (or brining), refrigerating, or freezing;
(18) slaughtering of animals.

In determining whether the production or processing of a good constitutes a minimal operation or processing as referred to in paragraph 1 of this Article, all operations carried out on that good within the African Partner Country shall be taken into account.

Article 10If both originating and non-originating fungible materials are used in the production of a good, the origin of the materials used shall be determined by one of the following methods:

(1) physical segregation of the materials;
(2) inventory management methods recognized by the generally accepted accounting principles of the African Partner Country and applied for at least 12 consecutive months.

Article 11The following materials used in the production, testing, or inspection of a good, which do not themselves form a constituent part of the good, shall not affect the determination of the originating status of the good:

(1) fuel, energy, catalysts, and solvents;
(2) plant, equipment, and machinery, including equipment and supplies used for testing or inspecting goods;
(3) gloves, glasses, footwear, clothing, safety equipment, and supplies;
(4) tools, dies, and molds;
(5) spare parts and materials used for the maintenance of equipment and buildings;
(6) lubricants, greases, synthetic materials, and other materials used in production or for the operation of equipment and building maintenance;
(7) any other materials used in the production of the good that do not form a constituent part of the good.

Article 12 Packaging materials and containers used for transporting the goods shall not affect the determination of the originating status of the goods.

Where goods qualify for originating status under the Zero-Tariff Initiative using the regional value content criterion, the value of the retail packaging materials and containers classified with the goods shall be included in the calculation of the value of originating materials or non-originating materials according to their respective origin.

Where goods qualify for originating status under the Zero-Tariff Initiative using criteria other than the regional value content requirement, and the retail packaging materials and containers are classified with the goods, the origin of such retail packaging materials and containers shall not affect the determination of the originating status of the goods.

Article 13Where goods qualify for originating status under the Zero-Tariff Initiative using the regional value content criterion, if accessories, spare parts, or tools that are declared together with the goods are classified with the goods in the Tariff and are invoiced together, the value of such accessories, spare parts, or tools shall be included in the calculation of the value of originating materials or non-originating materials according to their respective origin.

Where goods qualify for originating status under the Zero-Tariff Initiative using the tariff classification change criterion in the product-specific rules of origin, if accessories, spare parts, or tools that are declared together with the goods are classified with the goods in the Tariff and are invoiced together, the origin of such accessories, spare parts, or tools shall not affect the determination of the originating status of the goods.

The quantity and value of the accessories, spare parts, or tools referred to in paragraphs 1 and 2 of this Article shall be within a reasonable range.

Article 14Originating goods transported from an African Partner Country to China shall retain their originating status if they meet one of the following conditions:

(1) they have not passed through any other country or region;
(2) although they have passed through one or more other countries or regions, whether or not transshipped or temporarily stored, they meet all of the following conditions:

1. they have passed through such countries or regions only for geographical reasons or transport needs;

2. they have not undergone operations other than unloading or reloading, or operations to keep them in good condition;

3. they have remained under the customs supervision of such countries or regions at all times;

4. the period of temporary storage in other countries or regions does not exceed 6 months.

Article 15 A certificate of origin under the Zero-Tariff Initiative (format set out in Annex 2) shall meet the following requirements:

(1) the goods listed are originating goods that meet the provisions of these Measures;
(2) it is issued by the competent issuing authority of the African Partner Country upon application by the exporter or producer;
(3) it has a unique certificate number;
(4) it covers one or more items of goods shipped in the same consignment;
(5) it indicates the basis on which the goods are considered to have originating status;
(6) it has security features such as signatures or seals, and is consistent with the security features notified to the Chinese Customs by the relevant authorities of the African Partner Country;
(7) it is completed in English.

Article 16The certificate of origin shall be issued before or at the time of shipment of the goods and shall be valid for one year from the date of issuance by the exporting country.

If, due to force majeure, unintentional errors, omissions, or other reasonable causes, the certificate of origin is not issued before or at the time of shipment, it may be issued retroactively within one year from the date of shipment. Retroactively issued certificates of origin shall be endorsed with the words "ISSUED RETROSPECTIVELY" and shall be valid for one year from the date of shipment.

Article 17If the certificate of origin is stolen, lost, or accidentally damaged, the exporter or producer may apply to the issuing authority of the exporting country, in writing or electronically, for the issuance of a certified copy of the original certificate of origin. The certified copy shall be endorsed with the words "CERTIFIED TRUE COPY of the original Certificate of Origin number ___ dated ___" and shall have the same validity period as the original certificate of origin.

Once the certified true copy is submitted to the Customs, the original certificate of origin shall become invalid. If the original certificate of origin has already been used, the certified true copy shall be invalid.

Article 18When the importer or its agent applies for the preferential tariff rate under the Zero-Tariff Initiative for imported originating goods, the declaration shall be made in accordance with the relevant provisions of the General Administration of Customs, and the following documents shall be submitted:

(1) a certificate of origin that complies with these Measures;
(2) the commercial invoice for the goods;
(3) the full transport documents for the goods.

If the goods have been transported to China through other countries or regions, a certificate issued by the customs authorities of such other countries or regions, or other documents recognized by the Customs, shall be submitted.

If the Customs has received the electronic data of the certificate of origin from the African Partner Country through the relevant information exchange system, the importer or its agent shall not be required to submit the corresponding paper certificate of origin for the originating goods of that country.

If the transport documents referred to in paragraph 1, subparagraph (3) of this Article submitted by the importer or its agent can satisfy the relevant provisions on direct transport, the certificate referred to in paragraph 2 of this Article shall not be required.

Article 19Unless otherwise provided by the General Administration of Customs, if the importer or its agent fails to submit a valid certificate of origin at the time of import declaration for goods originating in an African Partner Country under the Zero-Tariff Initiative, a supplementary declaration shall be made to the Customs before the completion of customs formalities as to whether the imported goods have originating status under the Zero-Tariff Initiative for the African Partner Countries, and the Importer's Declaration of Origin (format set out in Annex 3) shall be submitted.

If the importer or its agent makes a supplementary declaration in accordance with paragraph 1 of this Article that the imported goods have originating status under the Zero-Tariff Initiative for the African Partner Countries and provides a customs duty guarantee, the Customs shall handle the import formalities in accordance with the regulations, except where a guarantee is not permitted by laws or administrative regulations. If a customs duty guarantee equivalent to the total amount of the highest possible duties payable on the goods has already been provided due to early release or other reasons, this shall be deemed to satisfy the requirement for providing a customs duty guarantee as set out in this paragraph.

If the importer or its agent applies for the preferential tariff rate under the Zero-Tariff Initiative after the completion of customs formalities, the duties already collected shall not be adjusted.

Article 20Under any of the following circumstances, the importer or its agent may apply to the Customs for release of the customs duty guarantee within the guaranteed period approved by the Customs:

(1) the importer or its agent has made a supplementary declaration to the Customs in accordance with these Measures and has submitted a valid certificate of origin under the Zero-Tariff Initiative;
(2) the Customs has completed the origin verification procedures in accordance with these Measures, and the verification results confirm the originating status of the goods.

Article 21Where the customs value of originating goods in the same consignment does not exceed USD 1,000, the importer or its agent may be exempted from submitting the certificate of origin when applying for the preferential tariff rate under the Zero-Tariff Initiative.

Goods imported through split declarations for the purpose of circumventing the provisions of these Measures shall not be eligible for the exemption provided in the preceding paragraph.

Article 22For the purpose of verifying the authenticity and accuracy of the certificate of origin, verifying the originating status of the goods, or determining whether the goods meet other requirements set out in these Measures, the Customs may request the importer or its agent, the overseas exporter or producer to provide supplementary information, or may send a verification request to the relevant authorities of the African Partner Country.

During the verification period, the Customs may, upon application by the importer or its agent and subject to the provision of a guarantee, release the goods, unless otherwise provided by laws and regulations.

Article 23The importer of goods imported under the preferential tariff rate of the Zero-Tariff Initiative shall, within three years from the date of completion of customs formalities for the goods, retain records and documents that can sufficiently prove the originating status of the goods.

Article 24 Under any of the following circumstances, the imported goods shall not be eligible for the preferential tariff rate under the Zero-Tariff Initiative:

(1) the importer or its agent fails to apply for the preferential tariff rate under the Zero-Tariff Initiative before the completion of customs formalities, and also fails to make a supplementary declaration in accordance with these Measures;
(2) the goods do not have originating status in the relevant African Partner Country;
(3) the certificate of origin does not comply with these Measures;
(4) the goods listed in the certificate of origin do not correspond to the actual imported goods;
(5) the Customs has not received a response to the origin verification request within six months from the date the request was made, or the response received does not contain sufficient information to determine the authenticity of the certificate of origin or the originating status of the goods;
(6) the importer or its agent has committed any other violation of the provisions of these Measures.

Article 25 For the purposes of these Measures, the following terms have the meanings set out below:

(1) "Aquaculture" means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates, and aquatic plants, from stages such as eggs, fry, fingerlings, and larvae, by interventions in the rearing or growth processes such as regular stocking, feeding, or protection from predators to enhance production;
(2) "FOB price" means the free on board price, including the cost of transport to the final port or place of export;
(3) "Fungible materials" means materials that are interchangeable for commercial purposes, whose properties are essentially identical, and which cannot be distinguished by mere visual inspection;
(4) "Generally accepted accounting principles" means the accounting principles recognized in the African Partner Country concerning the recording of income, expenses, costs, assets and liabilities, disclosure of information, and the preparation of financial statements. These principles include broad guidelines of general application as well as detailed standards, practices, and procedures;
(5) "Goods" means products or materials;
(6) "Materials" means raw materials, components, parts, subassemblies, and/or goods that physically form part of another good or have been used in the production process of another good;
(7) "Non-originating goods" or "non-originating materials" means goods or materials that do not have originating status under these Measures, including goods or materials of undetermined origin;
(8) "Originating goods" or "originating materials" means goods or materials that have originating status under these Measures;
(9) "Production" means any method of obtaining goods, including but not limited to planting, rearing, mining, harvesting, fishing, aquaculture, cultivating, trapping, hunting, capturing, gathering, collecting, breeding, extracting, manufacturing, processing, or assembling;
(10) "WTO Valuation Agreement" means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994.

Article 26 These Measures shall be interpreted by the General Administration of Customs.

Article 27 These Measures shall take effect on May 1, 2026.