THE
MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.10/2006/TT-BTM
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Hanoi, June 1, 2006
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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.