签证机构视角 谈美国原产地规则六条路径助企破局

Core Viewpoint - The Chinese Ministry of Commerce has issued an urgent warning to export companies to be cautious of tightening policies in Southeast Asian countries, which may lead to penalties or trade restrictions due to non-compliance with origin regulations [1] Summary by Sections U.S. Origin Rules System - The U.S. origin regulations consist of both statutory and case law, including international treaties, trade laws, customs laws, and free trade agreements [2] - Chinese companies exporting to the U.S. primarily need to comply with the U.S. Federal Regulations and customs origin rules, as there is no free trade agreement between China and the U.S. [2] U.S. Federal Regulations Standards - According to the U.S. Federal Regulations, there are four levels of determining the origin of goods: material sources, essential characteristic material sources, kits or composite goods, and simple processed or assembled goods [3] U.S. Customs Origin Rules - The U.S. Customs established origin rules in 1998, with revisions in 2004 and 2022, confirming two standards: the wholly obtained standard and the substantial transformation standard [4] Substantial Transformation Standard - The substantial transformation standard applies to goods with materials sourced from multiple countries, focusing on changes in name, characteristics, and functionality [5] Auxiliary Reference Standards - Key auxiliary standards include tariff classification changes, processing operation standards, and value-added percentage standards, with a 35% value-added threshold in the U.S. Generalized System of Preferences [6] U.S. Origin Determination Departments - The determination of origin in the U.S. is managed by three departments: the Federal Trade Commission (FTC), U.S. Customs and Border Protection (CBP), and the Department of Commerce (DOC) [7] Six Paths for Companies to Navigate U.S. Tariffs - Path 1: Enhance origin compliance management to improve FTA application and tariff planning capabilities [8] - Path 2: Utilize first sale declaration to reasonably lower the customs valuation of imported goods [9] - Path 3: Amplify the effectiveness of FTAs by leveraging existing agreements with partner countries [10] - Path 4: Localize production in investment countries to mitigate trade risks [11] - Path 5: Optimize supply chain layout by adjusting processing operations and sourcing materials from third countries [12] - Path 6: Actively explore new markets to diversify trade risks and tap into domestic market potential [13][14]