Switzerland-China Free Trade Agreement Direct transport

Federal Department of Finance FDF Federal Office for Customs and Border Security FOCBS Trade in goods

Bern, 2.2.2016 323.0.1.2015

Circular R-30

Switzerland-China free trade agreement: direct transport (update, 28.2.2016)

1 Basis

The Switzerland-China free trade agreement entered into force on 1 July 2014. Due to differing interpretations, problems were encountered when applying the direct transport regulations in accordance with Article 3.13 of the Main Agreement. Several expert meetings took place to alleviate the problem for Swiss exporters. The Chinese customs administration has changed its practice for consignments sent to China by sea from European ports and/or via Hongkong or Macao.

2 Proof of direct transport to China

2.1 Air freight only consignments

For consignments which are transported – only by air freight and

– are covered by an air waybill for the entire journey from Switzerland to China,

the air waybill will be recognised as proof of direct transport.

2.2 Consignments other than air freight only

2.2.1 Consignments sent by sea from a port in the EU with a single Switzerland-

China transport document Provided there is a single transport document covering the entire route from the port in the EU to the destination in China, the Chinese customs administration no longer requires a non-manipulation certificate. Moreover, the additional information mentioned in the previous version of this circular (as at 1.10.2015) and in section 2.2.2 below that approved exporters should include in declarations of origin (details on the transport route and the number of the Swiss export customs declaration) is no longer necessary in this case.

For consignments with a single transport document that covers the entire route from the port in the EU to the destination in China that are unloaded in Hongkong or Macao and then transported from there to China, the Chinese customs administration likewise does not require a non-manipulation certificate from Hongkong or Macao to

be presented and does not require the additional information in section 2.2.2 below that approved exporters should include in origin declarations (details on the transport route and the number of the Swiss export customs declaration).

2.2.2 Consignments with more than one transport document for the journey between

Switzerland and China In such cases (e.g. transport with a transport document from a port in the EU to a country other than Hongkong or Macao, and onward transport – possibly following storage – from there to China with a new transport document), the following will continue to apply:

– Approved exporters are exempted from the duty to present a nonmanipulation certificate if they add the following information to the commercial document with the origin declaration:

– precise transport route between Switzerland and China, and

– number(s) of the Swiss export customs declaration(s).

This document must be identical to the document transmitted via EACN (approved exporter data exchange with China).

In the case of transport via the EU, a copy of the T1 form or a copy of the CIM consignment note must additionally be presented (condition: the CIM consignment note was issued in Switzerland and the field in section 58 b) is marked with a cross).

– For consignments with EUR. 1 movement certificates, the wording of Article 3.13 applies, and this leaves it to the customs administration of the importing contracting party to decide whether or not the conditions have been fulfilled and which documents have to be submitted.

The transport from Switzerland to the port in the EU still has to be substantiated with appropriate documents.

These rules are effective immediately.