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Introduction To Preferential To Certificate of Origin - UPDATED

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The key takeaways are that Certificates of Origin are documents used to prove the origin of exported products, and there are two main types: Preferential and Non-Preferential. Rules of Origin are criteria to determine the national source of a product and are important for trade policies and statistics.

The two types of Certificates of Origin are Preferential Certificates of Origin (PCO) and Non-Preferential Certificates of Origin (NPCO). PCOs are issued by MITI based on FTA requirements to allow importers tariff concessions, while NPCOs are issued by chambers of commerce to only serve as proof of origin with no tariff benefits.

The main functions of Rules of Origin are to implement measures like anti-dumping duties and safeguards, determine MFN or preferential treatment, use for trade statistics, and apply labeling/marking requirements and government procurement policies.

INTRODUCTION TO

PREFERENTIAL
CERTIFICATE OF ORIGIN
(PCO)
by:
TRADE AND INDUSTRY COOPERATION SECTION
MINISTRY OF INTERNATIONAL TRADE AND INDUSTRY

‘Driving Transformation, Powering Growth’


Presentation Outline: 1 MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

CONCEPT OF
CERTIFICATE OF ORIGIN
(CO)
Concept of Certificate of Origin (CO) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Human
Product
Concept of Certificate of Origin (CO) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

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 Non-Preferential Certificate of Origin


(PCO) (NPCO)

• Issued by MITI: • Issued by MITI’s appointed


Chambers of Commerce/Trade
• Based on the requirements under Association:
the FTAs; and
• To exporters for export to non FTA
• To exporters for their importers to member countries; and
enjoy tariff concession.
• Will only serve as a proof of origin
and no tariff concession will be
enjoyed by the importers.
ADMINISTRATION OF CERTIFICATE OF ORIGIN
IN MALAYSIA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

CERTIFICATE OF
ORIGIN (CO)

ISSUING RECEIVING
AUTHORITY AUTHORITY

BUSINESS
MITI CUSTOMS
CHAMBERS

Preferential Non-Preferential Preferential


CO (PCO) CO (PCO) CO (PCO)
Presentation Outline: 2 MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

RULES OF ORIGIN
(ROO)
Malaysia’s Implemented FTAs MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

REGIONAL CERTIFICATE OF ORIGIN (COO) FORM


1) ATIGA (2009) * Form D
2) ASEAN-China (2004) Form E
3) ASEAN-Rep. of Korea (2006) Form AK
4) ASEAN-Japan (2008) Form AJ
5) ASEAN-India (2009) Form AI
6) ASEAN-Australia-New Zealand (2009) Form AANZ
7) ASEAN-Hong Kong (1 August 2019) Form AHKFTA
BILATERAL CERTIFICATE OF ORIGIN (COO) FORM
1) Malaysia-Japan (2005) Form MJEPA
2) Malaysia-Pakistan(2007) Form MPCEPA
3) Malaysia-New Zealand (2009) Form MNZFTA
4) Malaysia-Chile (2010) Form MCFTA
5) Malaysia-India (2011) Form MICECA
6) Malaysia-Australia (2012) Form MAFTA
7) Malaysia -Turkey (2015) Form MTFTA
Rules of Origin : MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

“Rules of origin are the criteria needed to determine the


national source of a product. Their importance is derived
from the fact that duties and restrictions in several cases
depend upon the source of imports.”
Rules of origin are used:
• to implement measures and instruments of commercial policy such as anti-
dumping duties and safeguard measures;
• to determine whether imported products shall receive most-favoured-
nation (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 Determination MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Originating Goods : Goods that meet the conditions for preferential market
access.

Wholly Obtained or Manufactured – Substantial


Produced Transformation

• Where it only applies to • Value added (VA) method;


the natural products i.e. • Change in tariff
agriculture products; live classification (CTC); and
animals; mineral etc. • Specified process of
manufacture.
Origin Criteria Determination MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Product Specific Rules (PSR) General Rule

• A list of tariff classification of • For Tariff Lines that do not fall


interest with its intended under WO or PSR.
ROO to be abided; and
• Either Regional Value Content
• Not necessarily it covers all (RVC) of XX% or a change in
tariff lines. tariff classification at HS
“heading” level i.e. CTH.
Origin Criteria Determination:
Wholly Obtained or Produced MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Durian are grown and harvested in the orchard in Malaysia. Are


they qualified as originating goods of Malaysia under ASEAN-Japan
Comprehensive Economic Partnership?
Japan

Material HS Code Note


Durian 08.10 Grown and harvested
in Malaysia

Durian
HS 08.10
Origin Criteria Determination:
Wholly Obtained or Produced MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Article 24: Originating Goods


For 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 of
Parties and meets all other applicable requirements of this Chapter.

Article 25: Goods Wholly Obtained or Produced


For the purposes of paragraph (a) of Article 24, the following goods shall be considered
as wholly obtained or produced entirely in a Party:
(a) Plant and plant products grown and harvested, picked or gathered in the
Party;
(b) Live animals born and raised in the Party;
Origin Criteria Determination:
Manufactured: Substantial Transformation MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

A product has undergone sufficient working or processing and


has been transformed into a new and different article.

Change in Tariff Specified Process


Classification of Manufacture

Combination
Value Added Substantial of Processes
Transformation
Origin Criteria Determination:
Value Added Measure MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Defines the degree of transformation required in terms of:

Maximum amount of
value that come RVC/ FOB - VNM
from the non- QVC = X 100%
originating countries FOB

RVC = Regional Value Content


QVC = Qualifying Value Content
FOB = Free on board value
Minimum
VNM = Value of non-originating
percentage
materials
of value
Origin Criteria Determination:
Change in Tariff Classification (CTC) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

 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 xxxx


Origin Criteria Determination:
Change in Tariff Classification (CTC) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Example:
Change in Tariff Classification at first four digit level (CTH - Change in Tariff
Heading) for product classified under 3903.xx.xxx:

2905 2832 3811


3903.xx.xxx
2903 2833 2831
Finished Product
Imported Raw Materials

2905 2832 3811


3903.xx.xxx
2833 3903 2831

Imported Raw Materials Finished Product


from Non-Party
Origin Criteria Determination:
Based on Product Specific Rules (PSR) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• PSR: For sub heading 1806.31 is “RVC (40) or CC”.

FOB Price : $4.00


Value of Non-Originating Materials : $0.80

RVC/
=
$4.00 - $0.80
X 100%
QVC $4.00
= 80%
Origin Criteria Determination
- Product Specific Rules (PSR) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• PSR: For sub heading 6405.20 is “RVC (40) or CTH”.


Imported Raw Material HS Code: 6405.90

Finished Product HS Code: 6405.20

OR
FOB Price : $32.00
Value of Non-Originating Materials : $27.40

RVC/ $32.00 - $27.40


QVC = $32.00
X 100%

= 14.38%
Determination of Origin
- Non Qualifying Operations MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Non Qualifying Operations

Operations to
ensure the
preservation Changes of Placing in
of products packaging bottles, Mere
in good and breaking cases, boxes making-up
condition Disassembly and other
up and of sets of
during simple
transport and assembly of packaging
articles
storage and packages operations
other similar
operations
Origin Criteria Determination:
- Cost Analysis Application (CA) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• The implementation of the ROO to determine the origin of the product will
be done through Cost Analysis (CA) application submitted by exporter.

• Important information required in the CA application:

Raw Materials Production Company Details

• Origin of raw • Production Flow • Manufacturing


materials proven Chart License
by Invoices and FTA • Production Costing • Address of factory
forms (for ASEAN • Profit Margin • Product
originating) Photo/Catalogue
• Details in the
invoice • Authorized
• Date of invoice applicant details
• FOB Price

• … and other information deem necessary


Origin Criteria Determination:
- Cost Analysis Application (CA) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• To get the accurate HS Code for the product and the


raw materials used from Royal Malaysian Customs
Department (RMCD) before submitting the CA
application.

• To ascertain the origin of the raw materials from the


Exporter’ suppliers.
Responsibilities
• To submit valid and genuine supporting documents.

• To make sure that every declaration made in the CA


application is true and correct.
Presentation Outline: 3 MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

PREFERENTIAL
CERTIFICATE OF ORIGIN
(PCO)
Preferential Certificate of Origin MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Preferential Certificate of Origin (PCO)


Similar to the function of passport as proof of citizenship for human, CO is the proof of
origin for products.

To be categorized as originating and to be eligible for PCO, products must fulfill the
requirements 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 PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• Exporters may apply for PCO once CA has been approved.


• Important information required in the CO application :

Parties Exportation Goods

• Exporter details • Vessel details, date • HS Codes and


• Importer details of departure and Goods Descriptions
• Address Port of Discharge • Packaging
• Exporter information
declaration • Gross Weight and
• Export Declaration Quantity
• Currency Exchange • FOB Price
• Date and Invoice
number

• … and other information deem necessary


Preferential Certificate of Origin (PCO)
- Types of PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

1. Normal 2. Third Country / Party


Invoicing

3. Back – To – Back
Preferential Certificate of Origin (PCO)
- Normal MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

INVOICE

MALAYSIA INDONESIA
MOVEMENT
OF GOODS

• Where the sales invoice is issued directly


What is Normal business
by Malaysian exporter to the consignee in
arrangement?
a country that is a respective FTA Party.
Preferential Certificate of Origin (PCO)
- Normal MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Documentation Requirement for Normal PCO Application

Documents From Malaysian Exporter / Consignor (Mandatory)

•Invoice;
•Packing List;
•Bill of Lading (BL); and
•Customs / Port Authority Declaration Form
Preferential Certificate of Origin (PCO)
- Normal MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• The exporter and consignee must be located in the


countries of the agreement.

• The invoice number and date must be indicated in


the PCO (Box 10).

• To indicate the FOB price in Box 9*


(where RVC) is applied (best to clearly indicate the
Exporters’
FOB price in the invoice).
Responsibilities
• To submit valid and genuine supporting documents.
Declarations made must tally the details in the
supporting documents.

• To make sure that every declaration made in the PCO


application is true and correct.
Preferential Certificate of Origin (PCO)
- Third Country / Party Invoicing MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

HONG KONG
1st (MY) 3rd PARTY
INVOICE INVOICE
MOVEMENT
OF GOODS
MALAYSIA INDONESIA

• Where the sales invoice of the Third Party


What is Third Country / is issued by a company located in a third
Party Invoicing? country, whether or not the country is a
respective FTA Party.
Preferential Certificate of Origin (PCO)
- Third Country / Party Invoicing MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Documentation Requirement for Third Country / Party Invoicing PCO


Application

Documents From Malaysian Documents From the


Exporter / Consignor Third Party
(Mandatory) (Optional)
•Invoice; • Invoice
•Packing List; • Packing List
•Bill of Lading (BL); and • *Although the documents are
•Customs / Port Authority optional to be submitted, the
invoice reference number and date
Declaration Form are mandatory to be declared in
the PCO
Preferential Certificate of Origin (PCO)
- Third Country / Party Invoicing MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• The exporter and consignee must be located in the


countries of the agreement.

• The third party invoice number and date must be


indicated in the CO.
Exporters’
Responsibilities • To submit valid and genuine supporting documents.
Declarations made must tally the details in the
supporting documents.

• To make sure that every declaration made in the PCO


application is true and correct.
Preferential Certificate of Origin (PCO)
- Back-to-Back PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Movement Movement
of Goods of Goods

INDONESIA MALAYSIA THAILAND

First PCO Back-to-Back PCO


(Indonesia) (Malaysia)
Indonesia Origin
Preferential Certificate of Origin (PCO)
- Back-to-Back PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• A PCO issued by an intermediate exporting Party’s


Issuing Authority based on the PCO issued by the
What is Back-to- first exporting Party.
Back PCO?
• No Cost Analysis (CA) is required for Back-to-Back
PCO application.

• The goods from the first exporting Party must be


retained in Customs Control Area (CCA) or in any
area/premise under monitoring and control of
Situation where the Royal Malaysian Customs Department/ Port
Back-to-Back Authority/Port Operator.
PCO can be
issued • A valid original first PCO or its certified true copy
is presented. (The first PCO and the back-to-back
PCO must be issued under the same FTA
scheme).
Preferential Certificate of Origin (PCO)
- Back-to-Back PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• Does not exceed the period of validity of


Period of Validity
the original first PCO.

Consignment to be re-
exported must not • Storing, break-bulking, repacking,
undergo any further relabelling, preserving and
processing in the transportation/logistics activities such
intermediate Party, as unloading and reloading.
except for:
Preferential Certificate of Origin (PCO)
- Back-to-Back PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Normal and direct back-to-back business arrangement

• Application by Malaysian exporter for re-exportation to final buyer in


FTAs member countries

Back-to-back + Third Country / Party Invoicing


• Application by Malaysian exporter for re-exportation to final buyer in
FTAs member countries with arrangement of third country / party
invoicing.
Preferential Certificate of Origin (PCO)
- Back-to-Back PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Documentation Requirement for Back-to-Back PCO Application

Documents From the Documents From


First Exporting Party Malaysian Exporter
(Mandatory) (Mandatory)

• A valid original first PCO; • Invoice;


• Invoice; • Bill of Lading (BL);
• Bill of Lading (BL); • Packing List; and
• Packing List; and • Export Declaration Form
• Import Declaration Form (K8 / ZB)
(K8 / ZB)
Preferential Certificate of Origin (PCO)
- Back-to-Back PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• The first exporter (origin country) and consignee must be


located in the countries of the agreement.

• The Malaysian invoice number and date should be


indicated in the CO.

• The number of goods re-exported from Malaysia must not


exceed the number of goods received from the origin
country.
Exporters’
Responsibilities
• The goods must not be mixed with goods from other origin
for re-exportation.

• To submit valid and genuine supporting documents.


Declarations made must tally the details in the supporting
documents.

• To make sure that every declaration made in the PCO


application is true and correct.
Preferential Certificate of Origin (PCO)
- Types of Application Cases MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Issued Retroactively Cumulation


Preferential Certificate of Origin (PCO)
- Issued Retroactively / Retrospectively MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

After Shipment Date After (3) three days from the date of
shipment

ISSUED RETROACTIVELY
Form AK (stamped) Form D
Form AJ Form E
Form MPCEPA (stamped) Form AI (stamped)
Form MJEPA (stamped) Form AANZ
Form MNZ Form MICECA
Form MCFTA Form AHKFTA
Form MAFTA

ISSSUED RETROSPECTIVELY
Form A(stamped)
Form MTFTA
Preferential Certificate of Origin (PCO)
- Cumulation MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

 Instrument allowing producers to import materials


from a specific country or regional group of countries
without undermining the origin of the final product.

 Must be supported with the Certificate of Origin – to


be included in the RVC calculation.
Preferential Certificate of Origin (PCO)
- Record Keeping MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

MINIMUM YEARS REQUIREMENT FOR RECORD


KEEPING/VERIFICATION PCO

SCHEMES YEARS
AIFTA 2

ATIGA/ACFTA/AKFTA/AJCEP/
AANZFTA/MCFTA /MTFTA 3
/AHKFTA

GSP 4

MICECA/MJEPA/MAFTA/MPCEPA 5

MNZFTA 6
Preferential Certificate of Origin (PCO):
MITI as Issuing Authority MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Online Application
No hardcopy for cost analysis application;
Only CoO Form to be endorsed by MITI;
Operated by DagangNet Technologies S/B

epco.dagangnet.com.my
CARELINE at 1 300 133 133

Ministry of International Trade and Industry (MITI) is the sole Issuing


Authority for preferential Certificate of Origin (CoO).
Application for PCO MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Eligibility to Apply for PCO


A Malaysia registered company under SSM as a local entity.

The manufacturer of the product must be a locally registered and licensed


manufacturer 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 Procedures MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Register online at www.dagangnet.com

Once approved, DagangNet will provide


companies with User ID and Password

Companies to study the online tutorial provided


or attend classes conducted by the Service
Provider (DagangNet)

Make Cost Analysis (CA) and Preferential


Certificate of Origin (PCO) application respectively

Get endorsements of the PCOs at MITI’s


counter
Online Registration Process Flow MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY
Cost Analysis (CA) Process Flow
MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY
Preferential Certificate of Origin (PCO)
Process Flow MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

PROCESS FLOW DESCRIPTION


Application of Preferential Certificate of
Origin (PCO)
1. Upon Cost Analysis (CA) approval, applicant log on
START to: http://newepco.dagangnet.com.my/dnex/login
- Key in mandatory fields required; and
- Submit to MITI for approval.

2. Documents to be uploaded (in pdf. format):


 Application of PCO before export:
- Invoice; and
APPLY CO - Packing List.

Awaiting  Application of PCO After Export:


MITI approval - Invoices;
- Packing List;
- Bill of Lading; and
- Customs Form K2.

MITI Process
Rejected 3. MITI will process the PCO and the Client Charter is
MITI 24 hours (within working days only)
PROCESS 4. Status will be updated in system:
http://newepco.dagangnet.com.my/dnex/login
Approved
by MITI

Printing and Endorsement of PCO


PRINT & MITI 5. The approved PCO need to be printed on PCO Form
SIGNATURE (Form AJ, D, AANZ, AK, E, AI, MNZ, MPCEPA,
MAFTA, MCFTA, MJEPA and MICECA) by applicant
and submitted to MITI for endorsement with
specimen signature.
END
Self Certification System under ATIGA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

What is Self • A system which enables the certified exporter to make


Certification an Invoice Declaration for the export of goods on their
System? own.

• The information in the invoice declaration is less than


Self Certification what appears in ATIGA Form D.
System vs.
• It will gradually replace the conventional ATIGA Form D
Conventional ATIGA
which is currently being issued by the Issuing Authority
Form D
i.e. MITI

• A separate Operational Certification Procedure (OCP)


has been formulated for the purpose of the ASEAN Self
Implementation of Certification System Pilot Project.
Self Certification • The list of Certified Exporters will be forwarded to
System? ASEAN Secretariat and shared among PMS.
• Currently, Malaysia has appointed 192 Certified
Exporter (CE).
Self Certification System under ATIGA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• Pilot Project 1 Group: Brunei, Cambodia, Malaysia,


Singapore, Thailand and Myanmar.
Participating
• Pilot Project 2 Group: Laos, Indonesia, Philippines,
Member States
Thailand, Vietnam.
(PMS):
• Invoice declaration can only be used with Members in
the same pilot project group.

• Application to MITI (ATIGA Self-Cert Secretariat, SKPI,


MITI KL)
How to become a • More information and applications documents can be
Certified Exporter? obtained from the webpage below:
http://www.miti.gov.my/index.php/pages/view/1803?
mid=100
ASEAN Single Window (ASW) Under ATIGA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• A unique regional initiative that connects and


What is ASW
Initiative?
integrates National Single Windows (NSWs) of ASEAN
Member States.

• To expedite the cargo clearance process, reduce cost


and time of doing business, and enhance trade
efficiency and competitiveness.
Objectives of ASW

• Simpler and faster processing time, and a more


transparent way of doing business.

Participating • As of date, participating Member States (PMS):


Member States Cambodia, Brunei, Indonesia, Malaysia, Singapore,
(PMS): Thailand, and Vietnam.
ASEAN Single Window (ASW) Under ATIGA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• The implementation of ASW is divided into 4 phases


namely: Pilot Testing; Parallel Testing; Live
implementation; and Live operation.
Implementation of
ASW • Currently, the ready PMS are already in the Live
Operation phase (where e-Form D ATIGA data would be
exchanged through ASW and no more manual Form D
is needed for preferential treatment to be given).

• The ASW currently supports the exchange of the intra-


ASEAN certificate of origin (ATIGA Form D) and will be
expanded to exchange other types of data.
Data Exchange
• The exchange data would be exactly the same data as
manual Form D.
ASW Under ATIGA: Benefits of ASW MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• Simpler and faster processing


time, and a more transparent
way of doing business.

BENEFITS • Mechanism to eradicate forgery


of ATIGA Form D
OF ASW
• Lessen the verification issue
relating to specimen signature and
authenticity of the issuance of ATIGA
Form D
ASW Under ATIGA:
How e-FORM D ATIGA Works MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY
e-FORM D ATIGA Live Operation MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

e-Form D Live Operation


Implementation 1. Started on 1 January 2018 (replacing the Live
Implementation phase);

2. Electronic Form D data exchanged via ASW from


exporting national system to importing customs’ system;
and

1. Preferential treatment claim during importation:


• Only the e-Form D ATIGA reference number is
required to claim for the preferential treatment
under ATIGA.
Exchanged Ready ASEAN 1. Brunei;
Member States (AMS) 2. Cambodia;
3. Indonesia;
4. Malaysia;
5. Singapore;
6. Thailand; and
7. Viet Nam
Form D (hardcopy) vs. e-Form D ATIGA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Comparisons Form D (Hardcopy) E-Form D


Data Elements 1. Exporter 1. Exporter
2. Importer 2. Importer
3. Shipment 3. Shipment
4. Packaging 4. Packaging
5. Goods descriptions 5. Goods descriptions
6. Importing HS Code 6. Importing HS Code
7. Origin Criteria / Percentage 7. Origin Criteria / Percentage
8. Gross Weight 8. Gross Weight
Application 1. Online through ePCO system. 1. Online through ePCO system.
Processes 2. Once approved, Exporters: 2. Once approved:
• Print on pre-printed Form D; • Form D electronic data will
• Get endorsement at MITI be sent directly to
service counters; and Importing Customs’
• Send hardcopy Form D to system; and
importer. • Exporter provide importer
with the e-Form D ATIGA
reference number.
Updates on current FTA implementation MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

ASEAN-CHINA FREE TRADE AREA (ACFTA)

 implementation of ACFTA Upgrading Protocol with


effective date 15 August 2019

 revised Rules of Origin (ROO), Operational


Certification Procedures (OCP) and Product Specific
Rules (PSR)

56
Origin Criteria MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Old Origin Revised Origin Remarks


Criteria Criteria
WO WO Good is wholly produced or obtained in the
country of origin.
PE Good produced in a Party exclusively from
originating materials from one or more of the
Parties
SCC RVC (x%) Good satisfying the “Regional Value Content”
origin criterion
ACC
CTH Good produced from non-originating materials in
a Party, satisfying the “Change in Tariff
Classification at four-digit level”
PSR PSR Good satisfying the PSR in Attachment B of Annex
1 ROO

57
Disclaimer: This document is for information purposes only and does not constitute legal advice
Not Wholly Produced or Obtained MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Current Revised Product Specific


Rule Rule Rules

Article 4: Goods Not RVC not less than 40%


Wholly Produced or
Obtained
Change in Tariff
Heading (CTH)
Rule 4 : Not Wholly (applicable only for
* For Chapter 29.01, 29.02,
Produced or Chapter 25, 26, 28, 29*,
31.05, 39.01, 39.02, 39.03,
Obtained 39.07, 39.08, CTH not
31*,39*, 42-49, 57-59, 61,
applicable, only RVC 40% 62, 64, 66-71, 73-83, 86,
88, 91-97)
RVC 40%
PSR
Article 5: RVC= [(FOB-
Calculation of RVC VNM)/FOB] x 100%

58
Disclaimer: This document is for information purposes only and does not constitute legal advice
Upgraded General Rules MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Finished Product
New Rules : [RVC 40% OR CTH]
WATCH
HS 7015.9010
CTH

Raw Materials
Leather
HS 4202.2100
Old Rules : Not less than RVC 40%

FOB – NVM Gearing


RVC = ---------------- x 100% HS 8714.1040
FOB

= 37.5% Needle
HS 9018.3200

*for illustation purpose only


59
Disclaimer: This document is for information purposes only and does not constitute legal advice
Operational Certification Procedure (OCP) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Rules Amendments
Rule 3 Adding 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 8 Changes in the Format of Form E, from 3 ply carbon


copy to ISO A4 size white paper.

Rule 18 Extension of verification respond time upon request by issuing authority from 180 days to
maximum of 270 day.

Rule 23 Clarification 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 the
implementation of the OCP.

60
Disclaimer: This document is for information purposes only and does not constitute legal advice
Printing of the new Form E MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

61
Disclaimer: This document is for information purposes only and does not constitute legal advice
Implementation of AHKFTA MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• AHKFTA is ASEAN’s 6th FTA with external partners


after China, Korea, Japan, India and Australia-New
Zealand.
• The implementation of Agreement Establishing The
ASEAN-Hong Kong, China Free Trade Agreement
(AHKFTA) will enter into force for Malaysia on 13
October 2019.
• Exporters may start applying for Cost Analysis starting
1 August 2019, however CO Form AHK will be issued
beginning 13 October 2019.

62
Disclaimer: This document is for information purposes only and does not constitute legal advice
Rules of Origin (Chapter 3) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Change in Tariff Regional


Classification Value
(CC / CTH/ CTSH) Content
(RVC %)

Produced
Specific
Entirely
Process
(PE)
(SP)

Wholly Origin Combination Criterion


Obtained Criteria (example: CTSH +
(WO) 35%)
Article 4
(AHKFTA)
Article 3
63
Disclaimer: This document is for information purposes only and does not constitute legal advice
Rules of Origin (Chapter 3) MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Article 6: RVC calculation


Not Wholly
Obtained or • Article 5
Produced

Product • Annex 3-2


to refer to
Specific Rule

If goods
not in the RVC 40% • General Rule
PSR list

64
Disclaimer: This document is for information purposes only and does not constitute legal advice
Operational Certification Procedures (OCP)
- Highlights MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

Back-to-Back arrangement is allowed using Movement


Confirmation (MC)

CO Form AHK to be printed on ISO A4 white paper (1


original, 2 copies)

FOB value to be indicated in Box 9 when RVC is applied


only for exports to ASEAN Member States

CO can be issued retroactively when approved after 3


working days from the shipment date but no longer than 1
year from the shipment date

65
Disclaimer: This document is for information purposes only and does not constitute legal advice
1. Goods Consigned from (Exporter’s name, address and Certificate No. Form AHK
Country/ Party)
ASEAN –HONG KONG, CHINA
FREE TRADE AGREEMENT
CERTIFICATE OF ORIGIN
2. Goods Consigned to (Consignee’s name, address and
(Combined Declaration and Certificate)

PCO Form AHK


Country/ Party)
Issued in ……………………………..…
(Country/ Party)
(see Overleaf Notes)

3. Means of transport and route ( as far as known) 4. For Official Use


Shipment Date:
Vessel’s name/Aircraft etc.:  Preferential Treatment Given Under ASEAN – Hong
Port of Discharge: Kong, China Free Trade Agreement

______________________________________________

 Preferential Treatment Not Given (Please state


Reason(s)
_____________________________________________________________

………………………………………………………………………………………
Signature of Authorised Signatory of the Importing Country/Party

5. Item 6. Marks 7. Number and kind of packages; 8. Origin- 9. Quantity (Gross or Net 10. Invoice
number and description of goods including HS Conferring weight or other Number(s) and
numbers Code (6 digits); and, if applicable, Criterion (see measurement) and value date of invoice(s)
on brand name. Names and Overleaf Notes) (FOB) where RVC is applied
packages country/party of the company issuing (see Overleaf Notes)
third party invoice, if applicable.

For more information on


Preferential Certificate of 11. Declaration by the exporter 12. Certification

Origin (PCO) application The undersigned hereby declares that the above details and
statements are correct; and that all the goods were produced
On the basis of control carried out, it is hereby certified that the
information herein is correct and that the goods described herein
in comply with the origin requirements specified in the ASEAN-Hong

procedures, please refer to Kong, China Free Trade Agreement.

………………………………………………………………

MITI website at (Country/ Party of origin)

and that they comply with the rules of origin, as provided in

http://www.miti.gov.my/ Chapter 3 (Rules of Origin) of the ASEAN-Hong Kong, China


Free Trade Agreement for the goods exported to

under ‘Our Services’ ………………………………………………………………


(Importing Country/ Party)

…………………………………………………………........... …………………………………………………………….....................
Place and date, signature Place and date, signature and name, stamp
of authorised signatory of authorised issuing authority

13.  Movement Confirmation Third-party invoicing  Issued retroactively


De Minimis Accumulation  Exhibitions

66
Need more information? MINISTRY OF
INTERNATIONAL TRADE AND INDUSTRY

• Visit our Website


http://www.miti.gov.my/index.php/pages/view/3911?mid=95

• Drop by at our Business Advisory Center (BAC), MITI


Tower
CONSULTATION TIME:
Monday – Thursday : 10.30am – 12.30pm / 2.30pm – 4.30pm
Friday : 10.30am – 12.00noon / 3.00pm – 4.30pm
Thank You
MENARA MITI
No. 7, Jalan Sultan Haji Ahmad Shah, 50480 Kuala Lumpur, Malaysia
Tel: 603-8000 8000 | Fax: 603-6206 4693 | Email: webmiti@miti.gov.my | Website: www.miti.gov.my

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