Product Specific Rules for implementing the Agreement Establishing the AANZFTA from March 01, 2024 in Vietnam

Product Specific Rules for implementing the Agreement Establishing the AANZFTA from March 01, 2024 in Vietnam
Nguyen Thi Diem My

On January 15, 2024, the Minister of Industry and Trade in Vietnam issued Circular 02/2024/TT-BCT amending Circular 31/2015/TT-BCT on Rules of origin in the Agreement establishing the Asean – Australia – New Zealand Free Trade Area (Agreement Establishing the AANZFTA).

Product Specific Rules for Implementing the Agreement Establishing the AANZFTA from March 01, 2024 in Vietnam

Annex II - Product Specific Rules in Clause 2, Article 1 of Circular 31/2015/TT-BCT (which has been replaced by the Annex issued with Circular 42/2018/TT-BCT) is replaced with the Annex issued with Circular 02/2024/TT-BCT.

- The Product Specific Rules (hereinafter referred to as the PSR list) are based on the 2022 Harmonized System of Description and Coding of Goods (HS 2022). In case of any discrepancies between the description in this Annex and the description in the legal document of the Harmonized System established by the World Customs Organization, the description in the World Customs Organization's Harmonized System shall apply.

- In the PSR list, the first column includes chapters, headings, or subheadings, the second column describes the goods, and the third column specifies the origin criteria for each specific item.

+ Chapter is the first two digits of the goods classification code according to the HS code;

+ Heading is the first four digits of the goods classification code according to the HS code;

+ Subheading is the first six digits of the goods classification code according to the HS code.

- When a specific heading or subheading is stipulated with applicable selection criteria, the goods are considered to originate if they meet one of those selection criteria.

- In case the regional value content rule is applied, the final production process must be performed in a member country.

- The requirement to change the tariff classification applies only to non-originating materials.

- In case the tariff classification change rule emphasizes the prohibition of changing from another tariff classification, that exclusion applies only to non-originating materials.

More details can be found in Circular 02/2024/TT-BCT, which takes effect from March 01, 2024, and replaces Circular 42/2018/TT-BCT dated November 12, 2018.

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