What are regulations on treatment of packing and packaging materials and containers according to comprehensive economic partnership agreement in Vietnam?

What are regulations on treatment of packing and packaging materials and containers according to comprehensive economic partnership agreement in Vietnam? What are regulations on materials used in production according to comprehensive economic partnership agreement in Vietnam?

What are regulations on treatment of packing and packaging materials and containers according to comprehensive economic partnership agreement in Vietnam?

Pursuant to Article 12 of the Circular 05/2022/TT-BTC (takes effect 04/04/2022) stipulating treatment of packing and packaging materials and containers according to comprehensive economic partnership agreement in Vietnam as follows:

1. Packing materials and containers for transportation and shipment of a good shall not be taken into account in determining the originating status of any good.

2. Packaging materials and containers in which a good is packaged for retail sale, which are classified together with the good, shall not be taken into account in determining the originating status of the good, provided that:

a) The good is wholly obtained or produced in a Party in accordance with Clause 1 Article 5 of this Circular.

b) The good is produced in a Party exclusively from originating materials from one or more of the Parties, in accordance with Clause 2 Article 5 of this Circular.

c) The good is subject to a change in tariff classification or a specific manufacturing or processing operation requirement provided in Annex I enclosed herewith.

3. If a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is packaged for retail sale shall be taken into account as originating materials or non-originating materials of the good, as the case may be, in calculating the regional value content of the good.

What are regulations on materials used in production according to comprehensive economic partnership agreement in Vietnam?

As prescribed in Clause 13, Article 3 of the Circular 05/2022/TT-BTC, “production” means methods of obtaining goods including growing, mining, harvesting, farming, raising, breeding, extracting, gathering, collecting, capturing, fishing, aquaculture, trapping, hunting, manufacturing, producing, processing, or assembling.

Pursuant to Article 16 of the Circular 05/2022/TT-BTC stipulating materials used in production according to comprehensive economic partnership agreement in Vietnam as follows:

If a non-originating material undergoes further production such that it satisfies the requirements of this Circular, the material shall be treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good.

Best regards!

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