Circular 06/2020/TT-BCT amending Circular 03/2019/TT-BCT stipulating the Rules of Origin of goods in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership issued by the Minister of Industry and Trade

CIRCULAR

AMENDING A NUMBER OF ARTICLES OF CIRCULAR NO. 03/2019/TT-BCT DATED JANUARY 22, 2019 BY MINISTER OF INDUSTRY AND TRADE ON RULES OF ORIGIN IN COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, duties, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 31/2018/ND-CP dated March 08, 2018 on guidelines for the Law on Foreign Trade Management in terms of origin of goods;

Implementing Comprehensive and Progressive Agreement for Trans-Pacific Partnership dated March 08, 2018 in Chile;

At the request of the Director General of the Agency of Foreign Trade;

The Minister of Industry and Trade hereby promulgates a Circular amending a number of Articles of Circular No. 03/2019/TT-BCT dated January 22, 2019 by Ministry of Industry and Trade on rules of origin in Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as “Circular No. 03/2019/TT-BCT”).

Article 1. Amendment to a number of Articles of Circular No. 03/2019/TT-BCT

1. Clause 4 and Clause 5 are added to Article 29 as follows:

“4. “wholly formed” mentioned in Clause 3 refers to all of the production processes, starting with the extrusion of filament yarns, strips, sheets or webs, including drawing of filament yarns or cutting of webs into strips, or spinning, or both, and ending with a finished yarn or piled yarn.

5. The regulation in Clause 3 of this Article is not applicable to the ingredients listed in Appendix VIII (Short supply list of products).”

2. Article 33 is amended as follows:

“Article 33. Entry into force

1. This Circular comes into force as of March 08, 2019.

2. Guidelines and clarifications relating to implementation of rules of origin, which have been agreed by the Parties alternately or via reports of meetings of Committee on Rules of Origin and Origin Procedures and CPTPP Commission under the framework of the CPTPP, shall be considered as the basis for implementation by C/O issuing authorities and customs authorities.

3. The guidelines and clarifications mentioned in Clause 2 of this Article shall be notified to C/O issuing authorities and customs authorities through the contact points designated to implement the CPTPP provided for in the Prime Minister’s Decision No. 734/QD-TTg dated June 14, 2019 on designation of contact points for implementation of Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).”

3. Annex III (Exceptions to De minimis) enclosed with Circular No. 03/2019/TT-BCT is superseded by Annex I enclosed with this Circular.

4. Annex IV (C/O form CPTPP of Vietnam) enclosed with Circular No. 03/2019/TT-BCT is superseded by Annex II enclosed with this Circular.

5. Annex V (Continuation Sheet of C/O form CPTPP of Vietnam) enclosed with Circular No. 03/2019/TT-BCT is superseded by Annex III enclosed with this Circular.

6. Annex VI (Guidance on Declaration of C/O form CPTPP and Continuation Sheet) enclosed with Circular No. 03/2019/TT-BCT is superseded by Annex IV enclosed with this Circular.

Article 2. Effect

This Circular takes effect from May 08, 2020./.

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