Further to our correspondence, and subsequent telephone conversation, with the Australian Border Force (ABF) concerning the impact of the current coronavirus affecting the issuing of Certificates of Origins (COOs) by Chinese government authorities. The following advice has just been received from the ABF.
In response to industry questions concerning situations where importers are having difficulty obtaining certificates of origin (COO) for goods being exported from some areas of China due to Chinese office closures during the current nCoV situation, the China Australia Free Trade Agreement (ChAFTA) has a number of provisions that may be helpful:
- ChAFTA (Article 3.14) allows for a COO to be issued by the authorized body in China after export and within 12 months of import. The importer may use this COO to obtain a refund of duties from the ABF.
- ChAFTA (Article 3.15) allows an importer to use a Declaration of Origin (DOO) as evidence that their goods are originating (instead of a COO) to claim preferential tariff treatment. An advance ruling must be obtained from the ABF to use a DOO. An Australian Trusted Trader has the benefit of requesting a single, special advance ruling for multiple goods. Generally a single ruling is issued for one good only.
The ABF suggests affected industry members that cannot temporarily obtain COOs consider using the refund mechanism currently available under ChAFTA or whether DOOs may be suitable for future imports.
FTA will continue to advise members on pertinent updates as they come to hand.