CIRCULAR

AMENDING OR SUPPLEMENTING THE CIRCULAR NO. 08/2006/TT-BTM ON GUIDING THE IDENTIFICATION OF ORIGIN OF EXPORTS AND IMPORTS WHICH ARE NOT WHOLLY OBTAINED GOODS DEFINED IN THE GOVERNMENT'S DECREE NO. 19/2006/ND-CP DATED FEBRUARY 20, 2006, SPECIFYING THE COMMERCIAL LAW REGARDING THE ORIGIN OF GOODS

Pursuant to the Government’s Decree No. 29/2004/ND-CP dated January 16, 2004 providing for functions, duties, powers and organization structure of the Ministry of Trade;

Pursuant to the Government’s Decree No. 19/2006/ND-CP dated February 20, 2006 specifying the Commercial Law on the origin of goods;

The Ministry of Trade shall hereby amend or supplement the Circular No. 08/2006/TT-BTM dated April 17, 2006, guiding the identification of origin of exports and imports which are not wholly obtained goods, as follows:

1. Amending and supplementing Clause 4, Section II of the Circular No. 08/2006/TT-BTM as follows:

 “a) Issue the Appendix amending or supplementing the Appendix stipulated in the Circular No. 08/2006/TT-BTM. Those goods which are not included in the Appendix hereof, but included in the Appendix of the Circular No. 08/2006/TT-BTM shall continue to be governed by the Circular No. 08/2006/TT-BTM;

b) Manufactured goods which are not covered by the Appendix issued together with the Circular No. 08/2006/TT-BTM and this Circular shall conform to the “Change of tariff classification” criterion. Where manufactured goods are classified by HS codes which are the same as those of raw materials of no origin, these goods are still recognized as having their origin in the state or territory where carrying out the final production process results in substantial changes in these goods provided that the ratio of the value portion of raw materials of no origin (based on value specified on the import agreement), which have the said same HS codes, and value of exported goods (based on the FOB price), does not exceed 15% (fifteen percent)”.

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This Circular shall enter into force after 15 days from the date of being published on the Official Gazette.

PP. THE MINISTER
THE DEPUTY MINISTER




Phan The Rue

APPENDIX

NOMENCLATURE OF GOODS
(Issued together with the Circular No. 10/2006/TT-BTM of the Ministry of Trade dated June 1, 2006)

HS code

Description

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15..

Chapter 15 – Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

1515..

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified.

Transformed from crude vegetable oils or fractions of unrefined oils into refined oils; or have undergone neutralization, decolorization or deodorization.

39..

Chapter 39 – Plastics and articles thereof

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Polymers of propylene or of other olefins, in primary forms

Comply with ad valorem requirements; or transformed from any other heading.

3917..

Tubes, pipes and hoses, and fittings therefor (for example, joints, elbows, flanges)

Comply with ad valorem requirements; or transformed from any other heading.

3918..

Floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles; wall or ceiling coverings of plastics, as defined in Note 9 to this Chapter.

Comply with ad valorem requirements; or have undergone cutting or shape working.

3919..

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Comply with ad valorem requirements; or have undergone cutting or shape working.

3920..

Other plates, sheets, film, foil and strip, of plastics, non-cellular and not reinforced, laminated, supported or similarly combined with other materials.

Comply with value percentage requirements; or have undergone cutting or shape working.

3921..

Other plates, sheets, film, foil and strip, of plastics.

Comply with ad valorem requirements; or have undergone cutting or shape working.

3922..

Baths, shower-baths, sinks, wash-basins, bidets, lavatory pans, seats and covers, flushing cisterns and similar sanitary ware, of plastics.

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3923..

Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics.

Comply with ad valorem requirements; or have undergone cutting or shape working.

3924..

Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics.

Comply with ad valorem requirements; or undergo the connecting, joining or binding process by using materials, such as threads, glues or others, for the purpose of connecting semi-finished products.

3925..

Builders’ ware of plastics, not elsewhere specified or included

Comply with ad valorem requirements; or undergo the connecting, joining or binding process by using materials, such as threads, glues or others, for the purpose of connecting semi-finished products for production of final goods.

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Other articles of plastics and articles of other materials of headings 39.01 to 39.14.

Comply with ad valorem requirements; or undergo the connecting, joining or binding process by using materials, such as threads, glues or others, for the purpose of connecting semi-finished products for production of final goods.

61..

Chapter 61 - Articles of apparel and clothing accessories, knitted or crocheted

6101..

Men’s or boys’ overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading 61.03.

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6102..

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Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6103..

Men’s or boys’ suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted.

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6104..

Women’s or girls’ suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted.

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6105..

Men’s or boys’ shirts, knitted or crocheted.

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6106..

Women’s or girls’ blouses, shirts and shirt-blouses, knitted or crocheted.

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6115..

Panty hose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted.

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

62..

Chapter 62 - Articles of apparel and clothing accessories, not knitted or crocheted

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Men’s or boys’ overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, other than those of heading 62.03.

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6202..

Women’s or girls’ overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, other than those of heading 62.04

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6203..

Men’s or boys’ suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear)

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6204..

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Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6205..

Men’s or boys’ shirts

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6206..

Women’s or girls’ blouses, shirts and shirt-blouses

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6209..

Babies’ garments and clothing accessories

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6210..

Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

6211..

Track suits, ski suits and swimwear; other garments

Sewed or connected by using binding materials to make products from accessories or semi-manufactured products; or transformed from any other heading.

73..

Chapter 73 – Articles of iron or steel

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Other cast articles of iron or steel

Comply with ad valorem requirements.

84..

Chapter 84 - Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof

Comply with ad valorem requirements; or assembled from components or semi-manufactured products by an industrial assembly line.

85..

Chapter 85 - Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles

Comply with ad valorem requirements; or assembled from components or semi-manufactured products by an industrial assembly line.

90..

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9003..

Frames and mountings for spectacles, goggles or the like, and parts thereof

Transformed from any other heading; comply with ad valorem requirements.

9004..

Spectacles, goggles and the like, corrective, protective or other

Transformed from any other heading; comply with ad valorem requirements.

94..

Chapter 94 - Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings

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9403..

Other furniture and parts thereof

Transformed from any other heading; comply with ad valorem requirements.

96..

Chapter 96 - Miscellaneous manufactured articles

9609..

Pencils (other than pencils of heading 96.08), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ chalks

Undergo the process of grooving, putting leads inside and industrial glueing, working to shape; or comply with ad valorem requirements.

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Cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other than flints and wicks

Manufacture cases and assemble them with other components or materials; or comply with ad valorem requirements.