INTRODUCTION TO PREFERENTIAL CERTIFICATE OF ORIGIN

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INTRODUCTION TOPREFERENTIALCERTIFICATE OF ORIGIN(PCO)by:TRADE AND INDUSTRY COOPERATION SECTIONMINISTRY OF INTERNATIONAL TRADE AND INDUSTRY‘Driving Transformation, Powering Growth’

Presentation Outline: 1MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYCONCEPT OFCERTIFICATE OF ORIGIN(CO)

Concept of Certificate of Origin (CO)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYHumanProduct

Concept of Certificate of Origin (CO)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYCertificate of Origin (CO) is a document to prove the origin of a product. There aretwo (2) types of Certificate of Origin (CO):Preferential Certificate of Origin(PCO) Issued by MITI: Based on the requirements underthe FTAs; and To exporters for their importers toenjoy tariff concession.Non-Preferential Certificate of Origin(NPCO) Issued by MITI’s appointedChambers of Commerce/TradeAssociation: To exporters for export to non FTAmember countries; and Will only serve as a proof of originand no tariff concession will beenjoyed by the importers.

ADMINISTRATION OF CERTIFICATE OF ORIGININ MALAYSIAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYCERTIFICATE OFORIGIN CHAMBERSPreferentialCO (PCO)Non-PreferentialCO (NPCO)CUSTOMSPreferential CO (PCO)&Non-Preferential CO(NPCO)

Presentation Outline: 2MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYRULES OF ORIGIN(ROO)

Malaysia’s Implemented FTAsMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYREGIONALCERTIFICATE OF ORIGIN (COO) FORM1) ATIGA (2009) *Form D2) ASEAN-China (2004)Form E3) ASEAN-Rep. of Korea (2006)Form AK4) ASEAN-Japan (2008)Form AJ5) ASEAN-India (2009)Form AI6) ASEAN-Australia-New Zealand (2009)Form AANZ7) ASEAN-Hong Kong (13 October 2019)Form AHKFTABILATERALCERTIFICATE OF ORIGIN (COO) FORM1) Malaysia-Japan (2005)Form MJEPA2) Malaysia-Pakistan(2007)Form MPCEPA3) Malaysia-New Zealand (2009)Form MNZFTA4) Malaysia-Chile (2010)Form MCFTA5) Malaysia-India (2011)Form MICECA6) Malaysia-Australia (2012)Form MAFTA7) Malaysia -Turkey (2015)Form MTFTA

Rules of Origin :MINISTRY OFINTERNATIONAL TRADE AND INDUSTRY“Rules of origin are the criteria needed to determine thenational source of a product. Their importance is derivedfrom the fact that duties and restrictions in several casesdepend upon the source of imports.”Rules of origin are used: to implement measures and instruments of commercial policy such as antidumping duties and safeguard measures; to determine whether imported products shall receive most-favourednation (MFN) treatment or preferential treatment; for the purpose of trade statistics; for the application of labeling and marking requirements; and for government procurement.”Source: WTO website https://www.wto.org/english/tratop e/roi e/roi info e.htm

Origin Criteria DeterminationMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYOriginating Goods : Goods that meet the conditions for preferential marketaccess.Wholly Obtained orProducedManufactured – SubstantialTransformation Where it only applies tothe natural products i.e.agriculture products; liveanimals; mineral etc. Value added (VA) method; Change in tariffclassification (CTC); and Specified process ofmanufacture.

Origin Criteria DeterminationMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYProduct Specific Rules (PSR)General Rule A list of tariff classification ofinterest with its intendedROO to be abided; and For Tariff Lines that do not fallunder WO or PSR. Not necessarily it covers alltariff lines. Either Regional Value Content(RVC) of XX% or a change intariff classification at HS“heading” level i.e. CTH.

Origin Criteria Determination:Wholly Obtained or ProducedMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYDurian are grown and harvested in the orchard in Malaysia. Arethey qualified as originating goods of Malaysia under ASEAN-JapanComprehensive Economic Partnership?JapanMaterialHS CodeNoteDurian08.10Grown and harvestedin MalaysiaDurianHS 08.10

Origin Criteria Determination:Wholly Obtained or ProducedMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYArticle 24: Originating GoodsFor the purpose of this Agreement, a good shall qualify as an originating good of a Party if it:(a) is wholly obtained or produced entirely in the Party as provided for in Article 25.(b) satisfies the requirements of Article 26 when using non-originating materials .(c) is produced entirely in the Party exclusively from originating materials of one or more ofParties and meets all other applicable requirements of this Chapter.Article 25: Goods Wholly Obtained or ProducedFor the purposes of paragraph (a) of Article 24, the following goods shall be consideredas wholly obtained or produced entirely in a Party:(a) Plant and plant products grown and harvested, picked or gathered in theParty;(b) Live animals born and raised in the Party;

Origin Criteria Determination:Manufactured: Substantial TransformationMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYA product has undergone sufficient working or processing andhas been transformed into a new and different article.Change in TariffClassificationValue AddedSpecified Processof ManufactureSubstantialTransformationCombinationof Processes

Origin Criteria Determination:Value Added MeasureMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYDefines the degree of transformation required in terms of:Maximum amount ofvalue that comefrom the nonoriginating countriesMinimumpercentageof valueRVC/QVC FOB-VNMX 100%FOBRVC Regional Value ContentQVC Qualifying Value ContentFOB Free on board valueVNM Value of non-originatingmaterials

Origin Criteria Determination:Change in Tariff Classification (CTC) Change in Tariff Chapter (CC)- Changes at first 2 digits HS Code- Example:xxxx.xx.xxx Change in Tariff Heading (CTH)- Changes at first 4 digits HS Code- Example:xxxx.xx.xxxx Change in Tariff Subheading (CTSH)- Changes at first 6 digits HS Code- Example:xxxx.xx xxxxMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY

Origin Criteria Determination:Change in Tariff Classification (CTC)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYExample:Change in Tariff Classification at firstfour digit level (CTH - Change in TariffHeading) for product classified under orted Raw Materials290528323811283339032831Imported Raw Materialsfrom Non-PartyFinished Product3903.xx.xxxFinished Product

Origin Criteria Determination:Based on Product Specific Rules (PSR)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRY PSR: For sub heading 1806.31 is “RVC (40) or CC”.FOB Price : 4.00Value of Non-Originating Materials : 0.80RVC/QVC 4.00 80%- 0.80 4.00X 100%

Origin Criteria Determination- Product Specific Rules (PSR)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRY PSR: For sub heading 6405.20 is “RVC (40) or CTH”.Imported Raw Material HS Code: 6405.90Finished Product HS Code: 6405.20ORFOB Price : 32.00Value of Non-Originating Materials : 27.40RVC/QVC 32.00 - 27.40X 100% 32.00 14.38%

Determination of Origin- Non Qualifying OperationsMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYNon Qualifying OperationsOperations toensure thePlacing inChanges ofbottles,packagingin goodcases, boxesand breakingDisassemblyconditionand otherup andduringsimpleassemblyoftransport andpackagingpackagesstorage andoperationspreservationof productsother similaroperationsMeremaking-upof sets ofarticles

Origin Criteria Determination:- Cost Analysis Application (CA)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRY The implementation of the ROO to determine the origin of the product willbe done through Cost Analysis (CA) application submitted by exporter. Important information required in the CA application:Raw MaterialsProduction Origin of rawmaterials provenby Invoices and FTAforms (for ASEANoriginating) Production FlowChart Production Costing Profit Margin Details in theinvoice Date of invoice FOB Price and other information deem necessaryCompany Details ManufacturingLicense Address of factory ProductPhoto/Catalogue Authorizedapplicant details

Origin Criteria Determination:- Cost Analysis Application (CA)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRY To get the accurate HS Code for the product and theraw materials used from Royal Malaysian CustomsDepartment (RMCD) before submitting the CAapplication.Exporter’Responsibilities To ascertain the origin of the raw materials from thesuppliers. To submit valid and genuine supporting documents. To make sure that every declaration made in the CAapplication is true and correct.

Presentation Outline: 3MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYPREFERENTIALCERTIFICATE OF ORIGIN(PCO)

Preferential Certificate of OriginMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYPreferential Certificate of Origin (PCO)Similar to the function of passport as proof of citizenship for human, CO is the proof oforigin for products.To be categorized as originating and to be eligible for PCO, products must fulfill therequirements set under each of the FTAs’ Rules of Origin (ROO).PCO is only applicable for exports to the FTA member countries.Valid for one year from the date of issuance.Not a mandatory document for export.

Application for PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY Exporters may apply for PCO once CA has been approved. Important information required in the CO application :Parties Exporter details Importer details AddressExportationGoods Vessel details, dateof departure andPort of Discharge Exporterdeclaration Export Declaration Currency Exchange HS Codes andGoods Descriptions Packaginginformation Gross Weight andQuantity FOB Price Date and Invoicenumber and other information deem necessary

Preferential Certificate of Origin (PCO)- Types of PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY1. Normal2. Third Country / PartyInvoicing3. Back – To – Back

Preferential Certificate of Origin (PCO)- NormalMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYINVOICEMALAYSIAINDONESIAMOVEMENTOF GOODSWhat is Normal businessarrangement? Where the sales invoice is issued directlyby Malaysian exporter to the consignee ina country that is a respective FTA Party.

Preferential Certificate of Origin (PCO)- NormalMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYDocumentation Requirement for Normal PCO ApplicationDocuments From Malaysian Exporter / Consignor (Mandatory) Invoice; Packing List; Bill of Lading (BL); and Customs / Port Authority Declaration Form

Preferential Certificate of Origin (PCO)- NormalMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY The exporter and consignee must be located in thecountries of the agreement. The invoice number and date must be indicated inthe PCO (Box 10).Exporters’Responsibilities To indicate the FOB price in Box 9*(where RVC) is applied (best to clearly indicate theFOB price in the invoice). To submit valid and genuine supporting documents.Declarations made must tally the details in thesupporting documents. To make sure that every declaration made in the PCOapplication is true and correct.

Preferential Certificate of Origin (PCO)- Third Country / Party InvoicingMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYHONG KONG1st (MY)INVOICE3rd PARTYINVOICEMOVEMENTOF GOODSMALAYSIAWhat is Third Country /Party Invoicing?INDONESIA Where the sales invoice of the Third Partyis issued by a company located in a thirdcountry, whether or not the country is arespective FTA Party.

Preferential Certificate of Origin (PCO)- Third Country / Party InvoicingMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYDocumentation Requirement for Third Country / Party Invoicing PCOApplicationDocuments From MalaysianExporter / Consignor(Mandatory) Invoice; Packing List; Bill of Lading (BL); and Customs / Port AuthorityDeclaration FormDocuments From theThird Party(Optional) Invoice Packing List *Although the documents areoptional to be submitted, theinvoice reference number and dateare mandatory to be declared inthe PCO

Preferential Certificate of Origin (PCO)- Third Country / Party InvoicingMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY The exporter and consignee must be located in thecountries of the agreement. The third party invoice number and date must beindicated in the CO.Exporters’Responsibilities To submit valid and genuine supporting documents.Declarations made must tally the details in thesupporting documents. To make sure that every declaration made in the PCOapplication is true and correct.

Preferential Certificate of Origin (PCO)- Back-to-Back PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYMovementof GoodsINDONESIAFirst PCO(Indonesia)Movementof GoodsMALAYSIATHAILANDBack-to-Back PCO(Malaysia)Indonesia Origin

Preferential Certificate of Origin (PCO)- Back-to-Back PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYWhat is Back-toBack PCO?Situation whereBack-to-BackPCO can beissued A PCO issued by an intermediate exporting Party’sIssuing Authority based on the PCO issued by thefirst exporting Party. No Cost Analysis (CA) is required for Back-to-BackPCO application. The goods from the first exporting Party must beretained in Customs Control Area (CCA) or in anyarea/premise under monitoring and control ofthe Royal Malaysian Customs Department/ PortAuthority/Port Operator. A valid original first PCO or its certified true copyis presented. (The first PCO and the back-to-backPCO must be issued under the same FTAscheme).

Preferential Certificate of Origin (PCO)- Back-to-Back PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYPeriod of Validity Does not exceed the period of validity ofthe original first PCO.Consignment to be reexported must notundergo any furtherprocessing in theintermediate Party,except for: vingandtransportation/logistics activities suchas unloading and reloading.

Preferential Certificate of Origin (PCO)- Back-to-Back PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYNormal and direct back-to-back business arrangement Application by Malaysian exporter for re-exportation to final buyer inFTAs member countriesBack-to-back Third Country / Party Invoicing Application by Malaysian exporter for re-exportation to final buyer inFTAs member countries with arrangement of third country / partyinvoicing.

Preferential Certificate of Origin (PCO)- Back-to-Back PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYDocumentation Requirement for Back-to-Back PCO ApplicationDocuments From theFirst Exporting Party(Mandatory) A valid original first PCO; K8 Chit / ZB ImportDeclaration FormDocuments FromMalaysian Exporter(Mandatory) Invoice;Packing List (Optional)Bill of Lading (BL); andExport Declaration Form(K8 / ZB)

Preferential Certificate of Origin (PCO)- Back-to-Back PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY The first exporter (origin country) and consignee must belocated in the countries of the agreement. The Malaysian invoice number and date should beindicated in the CO.Exporters’Responsibilities The number of goods re-exported from Malaysia must notexceed the number of goods received from the origincountry. The goods must not be mixed with goods from other originfor re-exportation. To submit valid and genuine supporting documents.Declarations made must tally the details in the supportingdocuments. To make sure that every declaration made in the PCOapplication is true and correct.

Preferential Certificate of Origin (PCO)- Types of Application CasesMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYIssued RetroactivelyCumulation

Preferential Certificate of Origin (PCO)- Issued Retroactively / RetrospectivelyMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYAfter Shipment DateAfter (3) three days from the date ofshipmentISSUED RETROACTIVELYForm AK (stamped)Form AJForm MPCEPA (stamped)Form MJEPA (stamped)Form MNZForm MCFTAForm MAFTAForm DForm EForm AI (stamped)Form AANZForm MICECAForm AHKFTAISSSUED RETROSPECTIVELYForm A(stamped)Form MTFTA

Preferential Certificate of Origin (PCO)- CumulationMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY Instrument allowing producers to import materialsfrom a specific country or regional group of countrieswithout undermining the origin of the final product. Must be supported with the Certificate of Origin – tobe included in the RVC calculation.

Preferential Certificate of Origin (PCO)- Record KeepingMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYMINIMUM YEARS REQUIREMENT FOR RECORDKEEPING/VERIFICATION TA/MCFTA 6

Preferential Certificate of Origin (PCO):MITI as Issuing AuthorityMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYOnline ApplicationNo hardcopy for cost analysis application;Only CoO Form to be endorsed by MITI;Operated by DagangNet Technologies S/Bepco.dagangnet.com.myCARELINE at 1 300 133 133Ministry of International Trade and Industry (MITI) is the sole IssuingAuthority for preferential Certificate of Origin (CoO).

Application for PCOMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYEligibility to Apply for PCOA Malaysia registered company under SSM as a local entity.The manufacturer of the product must be a locally registered and licensedmanufacturer operating locally in Malaysia (for PCO Normal and TCI).The product must be produced in Malaysia and fulfill the requirements under the ROO(for PCO Normal and TCI).

Preferential Certificate of Origin (PCO):Application ProceduresMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYRegister online at www.dagangnet.comOnce approved, DagangNet will providecompanies with User ID and PasswordCompanies to study the online tutorial providedor attend classes conducted by the ServiceProvider (DagangNet)Make Cost Analysis (CA) and PreferentialCertificate of Origin (PCO) application respectivelyGet endorsements of the PCOs at MITI’scounter

Online Registration Process FlowMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY

Cost Analysis (CA) Process FlowMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY

Preferential Certificate of Origin (PCO)Process FlowMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYPROCESS FLOWDESCRIPTIONApplication of Preferential Certificate ofOrigin (PCO)START1.Upon Cost Analysis (CA) approval, applicant log onto: http://newepco.dagangnet.com.my/dnex/loginKey in mandatory fields required; andSubmit to MITI for approval.2.Documents to be uploaded (in pdf. format): Application of PCO before export:Invoice; andPacking List.APPLY CO AwaitingMITI approvalApplication of PCO After Export:Invoices;Packing List;Bill of Lading; andCustoms Form K2.MITI ProcessRejectedMITIPROCESS3.MITI will process the PCO and the Client Charter is24 hours (within working days only)4.Status will be updated in pprovedby MITIPRINT & MITISIGNATUREENDPrinting and Endorsement of PCO5.The approved PCO need to be printed on PCO Form(Form AJ, D, AANZ, AK, E, AI, MNZ, MPCEPA,MAFTA, MCFTA, MJEPA and MICECA) by applicantand submitted to MITI for endorsementwithspecimen signature.

Self Certification System under ATIGAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYWhat is SelfCertificationSystem? A system which enables the certified exporter to makean Invoice Declaration for the export of goods on theirown.Self CertificationSystem vs.Conventional ATIGAForm D The information in the invoice declaration is less thanwhat appears in ATIGA Form D. It will gradually replace the conventional ATIGA Form Dwhich is currently being issued by the Issuing Authorityi.e. MITIImplementation ofSelf CertificationSystem? A separate Operational Certification Procedure (OCP)has been formulated for the purpose of the ASEAN SelfCertification System Pilot Project. The list of Certified Exporters (CEs) will be forwarded toASEAN Secretariat and shared among PMS. Total number of active CEs for the year 2020: 183

Self Certification System under ATIGAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYParticipatingMember States(PMS): Pilot Project 1 Group: Brunei, Cambodia, Malaysia, Singapore,Thailand and Myanmar. Pilot Project 2 Group: Laos, Indonesia, Philippines, Thailand,Vietnam. Invoice declaration can only be used with Members in the samepilot project group.How to become aCertified Exporter? Application to MITI (ATIGA Self-Cert Secretariat, SKPI, MITI KL) More information and applications documents can be /index.php/pages/view/1803?mid 100ASEAN Wide SelfCertification ASEAN is currently working on the implementation of ASEANWide Self-Certification (AWSC) Scheme to replace the currentSelf-Certification Scheme. Once the AWSC initiatives isimplemented, CEs are able to make Invoice Declaration for theexport of goods to all ASEAN Member States.

ASEAN Single Window (ASW) Under ATIGAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYWhat is ASWInitiative?Objectives of ASW A unique regional initiative that connects andintegrates National Single Windows (NSWs) of ASEANMember States. To expedite the cargo clearance process, reduce costand time of doing business, and enhance tradeefficiency and competitiveness. Simpler and faster processing time, and a moretransparent way of doing business.ParticipatingMember States(PMS): All 10 ASEAN Member States participate in ASW. Laoand the Philippines recently joined on 23 December2019.

ASEAN Single Window (ASW) Under ATIGAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY The implementation of ASW was divided into 4 phasesnamely: Pilot Testing; Parallel Testing; Liveimplementation; and Live operation.Implementation ofASWData Exchange Currently, the ready PMS are already in the LiveOperation phase (where e-Form D ATIGA data would beexchanged through ASW and no more manual Form Dis needed for preferential treatment to be given). The ASW currently supports the exchange of the intraASEAN certificate of origin (ATIGA Form D) and will beexpanded to exchange other types of data. The exchange data would be exactly the same data asmanual Form D.

ASW Under ATIGA: Benefits of ASWMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY Simpler and faster processingtime, and a more transparentway of doing business.BENEFITSOF ASW Mechanism to eradicate forgeryof ATIGA Form D Lessen the verification issuerelating to specimen signature andauthenticity of the issuance of ATIGAForm D

ASW Under ATIGA:How e-FORM D ATIGA WorksMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY

e-FORM D ATIGA Live OperationMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYe-Form D Live OperationImplementation1. Started on 1 January 2018 (replacing the LiveImplementation phase);2. Electronic Form D data exchanged via ASW fromexporting national system to importing customs’ system;and3. Preferential treatment claim during importation: Only the e-Form D ATIGA reference number isrequired to claim for the preferential treatmentunder ATIGA.Exchanged Ready ASEANMember States (AMS)1. Brunei;2. Cambodia;3. Indonesia;4. Lao5. Malaysia;6. Myanmar7. Philippines8. Singapore;9. Thailand;10. Viet Nam

Form D (hardcopy) vs. e-Form D ATIGAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYComparisonsForm D (Hardcopy)Data ckagingGoods descriptionsImporting HS CodeOrigin Criteria / PercentageGross WeightApplicationProcesses1. Online through ePCO system.2. Once approved, Exporters: Print on pre-printed Form D; Get endorsement at MITIservice counters; and Send hardcopy Form D toimporter.E-Form Goods descriptionsImporting HS CodeOrigin Criteria / PercentageGross Weight1. Online through ePCO system.2. Once approved: Form D electronic data willbesentdirectlytoImportingCustoms’system; and Exporter provide importerwith the e-Form D ATIGAreference number.

Updates on current FTA implementationMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYASEAN-CHINA FREE TRADE AREA (ACFTA) implementation of ACFTA Upgrading Protocol witheffective date 15 August 2019 revised Rules of Origin (ROO), OperationalCertification Procedures (OCP) and Product SpecificRules (PSR)56

Origin CriteriaMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYOld OriginCriteriaRevised OriginCriteriaRemarksWOWOGood is wholly produced or obtained in thecountry of origin.PEGood produced in a Party exclusively fromoriginating materials from one or more of thePartiesRVC (x%)Good satisfying the “Regional Value Content”origin criterionCTHGood produced from non-originating materials ina Party, satisfying the “Change in TariffClassification at four-digit level”PSRGood satisfying the PSR in Attachment B of Annex1 ROOSCCACCPSR57Disclaimer: This document is for information purposes only and does not constitute legal advice

Not Wholly Produced or ObtainedMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYCurrentRuleRule 4 : Not WhollyProduced orObtainedRevisedRuleProduct SpecificRulesArticle 4: Goods NotWholly Produced orObtainedRVC not less than 40%* For Chapter 29.01, 29.02,31.05, 39.01, 39.02, 39.03,39.07, 39.08, CTH notapplicable, only RVC 40%RVC 40%PSRArticle 5:Calculation of RVCChange in TariffHeading (CTH)(applicable only forChapter 25, 26, 28, 29*,31*,39*, 42-49, 57-59, 61,62, 64, 66-71, 73-83, 86,88, 91-97)RVC [(FOBVNM)/FOB] x 100%58Disclaimer: This document is for information purposes only and does not constitute legal advice

Upgraded General RulesMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYFinished ProductWATCHHS 7015.9010New Rules : [RVC 40% OR CTH]CTHRaw MaterialsLeatherHS 4202.2100Old Rules : Not less than RVC 40%FOB – NVMRVC ---------------- x 100%FOB 37.5%GearingHS 8714.1040NeedleHS 9018.3200*for illustation purpose only59Disclaimer: This document is for information purposes only and does not constitute legal advice

Operational Certification Procedure (OCP)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYRulesAmendmentsRule 3Adding the need for all Parties to confirm receipt of list of names of Authorized Persons,specimen signatures, official seals, and correction stamps, if any, received from ASEC.Rule 8Changes in the Format of Form E, from 3 ply carboncopy to ISO A4 size white paper.Rule 18Extension of verification respond time upon request by issuing authority from 180 days tomaximum of 270 day.Rule 23Clarification that the 3rd party invoicer can be from an ACFTA Party or non–ACFTA Party.Rule 26 (new)Adding the need for each Party to designate contact points for the purpose of theimplementation of the OCP.60Disclaimer: This document is for information purposes only and does not constitute legal advice

Printing of the new Form EMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY61Disclaimer: This document is for information purposes only and does not constitute legal advice

Implementation of AHKFTAMINISTRY OFINTERNATIONAL TRADE AND INDUSTRY AHKFTA is ASEAN’s 6th FTA with external partnersafter China, Korea, Japan, India and Australia-NewZealand. The implementation of Agreement Establishing TheASEAN-Hong Kong, China Free Trade Agreement(AHKFTA) will enter into force for Malaysia on 13October 2019. Exporters may start applying for Cost Analysis starting1 August 2019, however CO Form AHK will be issuedbeginning 13 October 2019.62Disclaimer: This document is for information purposes only and does not constitute legal advice

Rules of Origin (Chapter 3)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYChange in TariffClassification(CC / CTH/ CTSH)RegionalValueContent(RVC %)ProducedEntirely(PE)WhollyObtained(WO)Article ion Criterion(example: CTSH 35%)Article 363Disclaimer: This document is for information purposes only and does not constitute legal advice

Rules of Origin (Chapter 3)MINISTRY OFINTERNATIONAL TRADE AND INDUSTRYNot WhollyObtained orProducedto refer toIf goodsnot in thePSR listArticle 6: RVC calculation Article 5ProductSpecific Rule Annex 3-2RVC 40% General Rule64Disclaimer: This document is for information purposes only and does not constitute legal advice

Operational Certification Procedures (OCP)- HighlightsMINISTRY OFINTERNATIONAL TRADE AND INDUSTRYBack-to-Back arrangement is allowed using MovementConfirmation (MC)CO Form AHK to be printed on ISO A4 white paper (1original, 2 copies)FOB value to be indicated in Box 9 when RVC is appliedonly for exports to ASEAN Member StatesCO can be issued retroactively when approved after 3working days from the shipment date but no longer than 1year from the shipment date65Disclaimer: This document is for information purposes only and does not constitute legal advice

1. Goods Consigned from (Exporter’s name, address andCountry/ Party)PCO Form AHKCertificate No.Form AHKASEAN –HONG KONG, CHINAFREE TRADE AGREEMENTCERTIFICATE OF ORIGIN(Combined Declaration and Certificate)2. Goods Consigned to (Consignee’s name, address andCountry/ Party)Issued in . (Country/ Party)(see Overleaf Notes)3. Means of transport and route ( as far as known)Shipment Date:Vessel’s name/Aircraft etc.:Port of Discharge:4. For Official Use Preferential Treatment Given Under ASEAN – HongKong, China Free Trade Agreement Preferential Treatment Not Given (Please stateReason(s) Signature of Authorised Signatory of the Importing Country/Party5. ItemnumberFor more information onPreferential Certificate ofOrigin (PCO) applicationprocedures, please refer toMITI website athttp://www.miti.gov.my/under ‘Our Services’6. Marksandnumbersonpackages7. Number and kind of packages;description of goods including HSCode (6 digits); and, if applicable,brand name. Names andcountry/party of the company issuingthird party invoice, if applicable.8. OriginConferringCriterion (seeOverleaf Notes)9. Quantity (Gross or Netweight or othermeasurement) and value(FOB) where RVC is applied(see Overleaf Notes)10. InvoiceNumber(s) anddate of invoice(s)11. Declaration by the exporter12. CertificationThe undersigned hereby declares that the above details andstatements are correct; and that all th

Concept of Certificate of Origin (CO) Certificate of Origin (CO) is a document to prove the origin of a product. There are two (2) types of Certificate of Origin (CO): Preferential Certificate of Origin (PCO) Issued by MITI: Based on the requirements under the FTAs; and To exporters for their importers to enjoy tariff concession.

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