MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIETNAM |
No. 07/2019/TT-BCT | Hanoi, April 19, 2019 |
CIRCULAR
EXPORT OF TEXTILE AND APPAREL GOODS TO MEXICO UNDER COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP
Pursuant to Law on Foreign Trade Management dated June 12, 2017;
Pursuant to Resolution No. 72/2018/QH14 dated November 12, 2018 of National Assembly on approval of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as “CPTPP") and relevant documents;
Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of Government on elaborating to a number of articles of Law on Foreign Trade Management;
Pursuant to Decree No. 31/2018/ND-CP dated March 08, 2018 of Government on elaborating to a number of articles of Law on Foreign Trade Management regarding Goods Origins;
At the request of Director General of Agency of Foreign Trade,
Minister of Industry and Trade promulgates Circular on export of textile and apparel goods to Mexico under CPTPP.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular prescribes tariff quota and monitor system with respect to textile and apparel goods exported to Mexico under CPTPP.
Article 2. Regulated entities
This Circular applies to businesspersons exporting textile and apparel goods to Mexico and relevant organizations and persons.
Chapter II
PREFERENTIAL TARIFF TREATMENT BASED ON TARIFF QUOTAS
Article 3. Tariff quota on export of textile and apparel goods to Mexico
1. Attached to this Circular in Annex I are Lists of textile and apparel goods to which tariff quotas on export thereof to Mexico are applied.
2. Amount of quotas on textile and apparel goods exported to Mexico in 2019 is specified in Annex I attached to Circular.
3. Ministry of Industry and Trade shall promptly publicize quota amounts applicable to following years after receiving notice of competent authorities of Mexico.
Article 4. Regulations on preferential tariff treatment
Textile and apparel goods exported to Mexico will benefit from preferential tariff treatment set forth under CPTPP when following conditions are satisfied:
1. The goods are issued with Certificate of Origin form CPTPP by competent agencies as prescribed in Circular No. 03/2019/TT-BCT dated January 22, 2019 of Ministry of Industry and Trade on goods origin regulations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
2. The goods are issued with Certificate of Eligibility by competent agencies as prescribed in Article 7 of this Circular.
The Certificate of Eligibility is not required for textile and apparel goods mentioned in Points b and D Clause 3 of this Article.
3. The goods satisfy any of following regulations on goods origin:
a) Textile and apparel goods listed under tariff quota No. 01, 02 and 03 specified in Annex I when using items listed under the Short supply list of products specified in Annex II of this Circular shall be exempt from Mexican import duties; or
b) Textile and apparel goods listed beyond the tariff quota No. 01, 02 and 03 specified in Annex I of this Circular and complying with regulations on goods origin specified in the CPTTP and Circular No. 03/2019/TT-BCT dated January 22, 2019 of Ministry of Industry and Trade on goods origin regulations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership shall benefit from Mexican import tariff rates specified in the CPTPP; or
c) Textile and apparel goods listed under tariff quota No. 04 specified in Annex I of this Circular and complying with regulations on goods origin specified in the CPTTP and Circular No. 03/2019/TT-BCT dated January 22, 2019 of Ministry of Industry and Trade on goods origin regulations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership shall benefit from the Mexican import tariff rates specified in the CPTPP; or
d) Textile and apparel goods listed beyond the tariff quota No. 04 specified in Annex I of this Circular and complying with regulations on specific origin of goods specified in Article 5 of this Circular shall benefit from the Mexican import tariff rates specified in the CPTPP.
Article 5. Regulations on specific origin of goods
1. Change in Chapter (CC), except from heading 5106 to 5113, from heading 5204 to 5212, from heading 5401 to 5402, from sub-heading 5403.33 to 5403.39, from sub-heading 5403.42 to sub-headings of heading 5408, from heading 5508 to 5516, or from heading 6001 to 6006, provided that goods are cut or woven into form or both and sewn or assembled in terriory of one or many signatories of the CPTPP.
2. Change in Chapter (CC), except from heading 5106 to 5113, from heading 5204 to 5212, from heading 5401 to 5402, from sub-heading 5403.33 to 5403.39, from sub-heading 5403.42 to sub-headings of heading 5408, from heading 5508 to 5516, from heading 5801 to 5802, or from heading 6001 to 6006, provided that goods are cut or woven into form or both and sewn or assembled in terriory of one or many signatories of the CPTPP.
3. With respect to towels and diapers for newborns or similar items made out of synthetic fibers under heading 9619: Change in Tariff Heading (CTH), except from heading 5106 to 5113, from heading 5204 to 5212 or from heading 5401 to 5402, from sub-heading 5403.33 to 5403.39 or from sub-heading 5403.42 to 5403.49, from heading 5404 to 5408, chapter 55, or heading 5606, from heading 5801 to 5802, 5903 or from 6001 to 6006, or from chapter 61 to chapter 62, provided that goods are cut or woven into form or both and sewn or assembled in terriory of one or many signatories of the CPTPP.
Chapter III
REGULATIONS ON IMPLEMENTATION OF TARIFF QUOTA ON EXPORT OF TEXTILE AND APPAREL GOODS TO MEXICO
Article 6. Regulations on implementation of tariff quota
1. Ministry of Industry and Trade shall issue Certificate of Eligibility to a shipment of textile and apparel goods exported to Mexico provided conditions under Point a or c, Clause 3 Article 4 of this Circular are satisfied. The Certificate of Eligibility stays valid within the year of issue.
2. The Certificate of Eligibility shall be automatically issued to exported shipments.
3. The Certificate of Eligibility shall be issued based on balanced quota amount on website following a first-come, first-served basis until the quota amount is completely depleted. Periods of receipt of documents shall be automatically updated on website of Ministry of Industry and Trade.
4. Ministry of Industry and Trade shall publicize quota amount and weight of the website thereof.
5. Businesspersons having the need to benefit from preferential tarif treatment specified in this Circular shall follow tariff quota on textile and apparel goods that are exported to Mexico on the website to submit application for the Certificate of Eligibility specified in Article 8 of this Circular.
Article 7. Issuing agencies
Agencies issuing the Certificate of Eligibility of Ministry of Industry and Trade are agencies specified in Annex V of this Circular.
Article 8. Procedures for issuance of Certificate of Eligibility
1. An application for the Certificate of Eligibility includes:
A) An application form for the Certificate of Eligibility (Form No. 01 under Annex III attached hereto);
b) A complete Certificate of Eligibility (Forms No. 02 and 03 under Annex III attached hereto); Instructions on how to complete the Certificate of Eligibility are specified in Annex IV attached hereto.
The completion of the Certificate of Eligibility following the instructions specified in Annex IV is to assist issuance of the Certificate of Eligibility and monitor compliance of relevant regulatory agencies with CPTPP.
c) A declaration form for export goods that have completed customs clearance.
2. A businessperson shall complete the application for the Certificate of Eligibility as specified in Clause 1 of this Artcile via website of Ministry of Industry and Trade at: http://www.ecosys.gov.vn.
3. Within 8 (eight) working hours after a complete application is received, an issuing agency shall post a notice on the website mentioned above about results of application approval as follows:
a) In case the conditions for issuance of the Certificate of Eligibility are satisified, Ministry of Industry and Trade shall inform the businessperson via the website and send the Certificate of Eligibility via post or directly based on registered information of the businessperson within 2 (two) working days from the date on which a confirmation regarding the issuance of Certificate of Eligibility is provided.
b) In case the application for the Certificate of Eligibility is rejected, Ministry of Industry and Trade shall publicize and state reasons thereof on their website. With respect to an application requiring revision(s), deadline for submission of a revised application shall be 2 (two) working days from the date on which the businessperson is informed; a revised application that fails to be submitted before the deadline will be automatically cancelled.
Chapter IV
MONITOR OF TEXTILE AND APPAREL GOODS EXPORTED TO MEXICO UNDER CPTPP
Article 9. Information registration
1. A businessperson expecting to export textile and apparel goods to Mexico under the CPTPP (whether or not he/she exports using tariff quotas) must register his/her information using Form No. 04 under Annex III attached hereto on the webiste of Ministry of Industry and Trade at: http://www.ecosys.gov.vn.
2. The businessperson must actively update the registered information in case of changes regarding business operation and other information related to the businessperson.
Aricle 10. Documents storage
A businessperson mentioned in Article 9 of this Circular is responsible for storing following documents:
1. Documents relating his/her shipment that will be exported to Mexico such as: an application for the Certificate of Eligibility, customs documents, bill of transport, an application for the Certificate of Origin and other relevant documents. The documents mentioned above must be stored for at least 5 years from the date of export.
2. Documents proving production capacity of the businessperson in the last 5 years such as: machinery, equipment, workforce and other relevant documents.
Chapter V
IMPLEMENTATION PROVISIONS
Article 11. Implementation
1. Vietnam eCommerce and Digital Economy Agency shall develop the webiste severing issuance of the Certificate of Eligibility and registration of information of businesspersons.
2. The issuing agencies specified in Article 7 of this Circular shall organize issuance of the Certificate of Eligibility.
Article 12. Entry into force
1. This Circular comes into force from June 20, 2019.
2. During the implementation of this Circular, difficulties including discrepancies between the Circular and the CPTPP and relevant documents should be reported in written form to the Ministry for guidance and solution./.
| MINISTER |
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