Free Trade Agreement between the Government of the People's Republic of China and the Government of the Islamic Republic of Pakistan | | い地チ㎝瓣現┎㎝ぺ膀吹㈱レ吹孽㎝瓣現┎パ禩﹚ |
| Preamble | |
ē |
| The Government of the People's Republic of China ("China") and the Government of the Islamic Republic of Pakistan ("Pakistan") hereinafter referred to as "the Parties"; | | い地チ㎝瓣い瓣現┎㎝ぺ膀吹㈱レ吹孽㎝瓣ぺ膀吹㈱現┎虏嘿¨絣蛮よ〃 |
| Committed to strengthening the special bonds of friendship and cooperation between their countries; | | 璓瞏ㄢ瓣丁疭ね剿籔 |
| Building on their respective rights and obligations under the WTO Agreement and other multilateral, regional and bilateral instruments of cooperation; | | ミ㈠⑩⑤﹚㎝ㄤ娩跋办㎝蛮娩诀舦㎝竡叭膀娄 |
| Resolved to promote reciprocal trade through the establishment of clear and mutually advantageous trade rules and the avoidance of trade barriers; | | ∕﹚硄筁ミ絋㎝が禩砏玥磷禩纠耂玃秈が磃禩 |
| Recognizing that this Agreement should be implemented with a view toward raising the standard of living, creating new job opportunities, and promoting sustainable development in a manner consistent with environmental protection and conservation; and | | 粄醚磅︽セ﹚琌矗蔼ネキ承硑穝诀穦籔吏挂玂臔璓よΑ玃秈尿祇甶 |
| Committed to promoting the public welfare within each of their countries; | | 璓瓣ず玃秈そ褐祇甶 |
| Have agreed as follows: | | 某 |
| Chapter I Initial Provisions | | 材彻﹍兵蹿 |
| Article 1 Establishment of a Free Trade Area | | 材兵パ禩跋ミ |
| The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade 1994, hereby establish a free trade area. | | セ﹚絣蛮よ宽1994闽祙㎝禩羆﹚材兵玡矗疭ミパ禩跋 |
| Article 2 Objectives | | 材兵ヘ夹 |
| 1. The objectives of this Agreement are to: | | セ﹚ヘ夹琌 |
| (a) strengthen the mutual friendship between the Parties; | | 瞏絣蛮よがぇ丁ね剿 |
| (b) encourage expansion and diversification of trade between the Parties; | | 躬纘絣蛮よ丁禩耎㎝妓て |
| (c) eliminate barriers to trade in, and facilitate the cross-border movement of, goods between the Parties; | | 絣蛮よ丁砯禩纠耂獽絣蛮よ丁砯阁挂簿笆 |
| (d) provide fair conditions of competition for trade between the Parties | | 絣蛮よ丁禩矗ㄑそキ膙兵ン |
| (e) establish a framework for further bilateral economic cooperation to expand and enhance the benefits of this Agreement. | | きミ秈˙蛮娩竒蕾诀耎㎝糤眏セ﹚痲 |
| 2. The Parties shall interpret and apply the provisions of this Agreement in the light of its objectives set out in paragraph 1 and in accordance with customary rules of interpretation of public international law. | | 絣蛮よ莱セ帝材蹿┮瓃ヘ夹酚瓣悔そ猭秆睦篋ㄒㄓ秆睦㎝続ノセ﹚ |
| Article 3 Relation to Other Agreements | | 材兵籔ㄤ﹚闽╰ |
| The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which both Parties are parties. | | 絣蛮よ絋粄㈠⑩⑤﹚㎝ㄤ蛮よАΘ﹚兜瞷Τ舦㎝竡叭 |
| Article 4 Application of this Agreement | | 材兵セ﹚続ノ絛瞅 |
| The free trade area to which this Agreement applies consists of the territory of the parties with the exception of any part thereof which constitute separate customs territories. | | セ﹚続ノパ禩跋パ絣蛮よ烩舱Θぃ珹ヴ絣よ┮妮虫縒闽祙烩 |
| Chapter II General Definitions | | 材彻﹚竡 |
| Article 5 Definitions of General Application | | 材き兵続ノ﹚竡 |
| For purposes of this Agreement, unless otherwise specified: | | セ﹚い埃獶Τ砏﹚ |
| days mean calendar days; | | らら句ら |
| GATT 1994 means the General Agreement on Tariffs and Trade 1994; | | ⒄⑾⑩⑩19941994闽祙㎝禩羆﹚ |
| territory means: | | 烩 |
| (a) with respect to China, the territory of the People's Republic of China, including land territory, internal waters, territorial sea and any maritime areas beyond the territorial sea that, in accordance with international law and its domestic law, China may exercise sovereign rights or jurisdiction with respect to the sea, seabed and subsoil and their natural resources. | | 碞い瓣τēい地チ㎝瓣烩珹嘲烩ず烩の沮瓣悔猭㎝瓣ず猭い瓣︽ㄏ闽瑅┏㎝礛戈方舦┪恨烈舦烩ぇ瑅跋办 |
| (b) with respect to Pakistan, land territory, internal waters and territorial sea as well as and any maritime area situated beyond the territorial sea which has been or might in future be designated under its national law, in accordance with international law, as an area within which PAKISTAN may exercise defacto and de jure sovereign rights or jurisdiction with regard to the sea, sea-bed, the subsoil and the natural resources; | | 碞ぺ膀吹㈱τē嘲烩ず㎝烩のヴ竒┪ゼㄓ沮瓣悔猭パぺ膀吹㈱瓣ず猭﹚ぺ膀吹㈱ㄤい︽ㄏ龟悔㎝猭闽瑅┏㎝礛戈方舦┪恨烈舦烩ぇ瑅跋办 |
| WTO means the World Trade Organization; | | ㈠⑩⑤禩舱麓 |
| WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994; and | | ㈠⑩⑤﹚19944る15ら帽竝皑┰池ぐミ禩舱麓﹚の |
| CPFTA means the Free Trade Agreement between the Government of the People's Republic of China and the Government of the Islamic Republic of Pakistan. | | いぺパ禩﹚い地チ㎝瓣現┎㎝ぺ膀吹㈱レ吹孽㎝瓣現┎パ禩﹚ |
| Chapter III National Treatment and Market Access for Goods | | 材彻砯瓣チ笿㎝カ初 |
| Article 6 Scope and Coverage | | 材せ兵烩办㎝絛瞅 |
| Except as otherwise provided, this Chapter applies to trade in goods between the Parties. | | 埃獶Τ砏﹚セ彻続ノ絣蛮よぇ丁砯禩 |
| Article 7 National Treatment | | 材兵瓣チ笿 |
| Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes, and to this end Article III of GATT 1994, and its interpretative notes, are incorporated into and made part of this Agreement, mutatis mutandis. | | 絣よ莱沮⒄⑾⑩⑩1994材兵のㄤ秆睦┦猔睦倒ぉ絣よ砯瓣チ笿ヘ⒄⑾⑩⑩1994材兵のㄤ秆睦┦猔睦暗ゲ璶灿竊э砆セ﹚Θセ﹚场だ |
| Article 8 Tariff Elimination | | 材兵埃闽祙 |
| 1. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its import customs duties on goods originating in the territory of another Party in accordance with Annex 1. | | 埃獶セ﹚Τ砏﹚絣よ莱沮ン癸玻よ砯硋˙埃秈闽闽祙 |
| 2. If a Party reduces its applied most favored nation import customs duty rate after the entry into force of this Agreement and before the end of the tariff elimination period, the tariff elimination schedule (Schedule) of that Party shall apply to the reduced rate. | | 狦絣よセ﹚ネ㎝闽祙搭琵戳篒ゎ玡ㄤ続ノ程磃瓣秈闽闽祙祙瞯玥赣絣よ闽祙搭琵莱続ノ闽祙祙瞯 |
| 3. On the request of either Party, the Parties shall consult to consider accelerating the elimination of import customs duties set out in their Schedules. An agreement between the Parties to accelerate the elimination of an import customs duty on a good shall supersede any duty rate or staging category determined pursuant to their Schedules for such good when approved by each Party in accordance with their respective applicable legal procedures. | | 莱ヴ絣よ璶―絣蛮よ莱秈︽坝σ納硉埃闽祙搭琵い秈闽闽祙絣蛮よ笷Θ某種硉埃琘摸砯秈闽闽祙玥竒絣よ沮続ノ猭祘砏﹚у盢沮闽祙搭琵赣摸砯絋﹚ヴ闽祙祙瞯┪だ摸 |
| 4. Review and Modification of Tariff Reduction Modality and the Lists shall be as follows: | | 闽祙搭琵家Α㎝睲虫糵蝶㎝э莱よΑ秈︽ |
| (a) Tariff Reduction Modality and the lists shall be reviewed and modified every five years by the Committee on Trade in Goods. | | 砯禩〆穦莱–き糵蝶㎝э闽祙搭琵家Α㎝睲虫 |
| (b) The review shall be undertaken on the basis of friendly consultation and accommodation of the concerns of the Parties. | | 絣蛮よ莱ね坝㎝酚臮蛮よ闽猔膀娄秈︽糵蝶 |
| (c) The first review and modification shall be undertaken either at the end of the fourth year or at the beginning of the fifth year of entry into force of this Agreement. | | 材Ω糵蝶㎝э莱セ﹚ネ材┏┪材き秈︽ |
| (d) Either party may request for an additional review at any time after coming into force of this Agreement. Such a request shall be favorably considered by the other Party. | | ヴ絣よセ﹚ネヴ丁矗糵蝶璶―絣よ莱縩伐σ納赣璶― |
| Article 9 Administrative Fees and Formalities | | 材兵︽現禣ノ㎝も尿 |
| 1. Each Party shall ensure, in accordance with Article VIII:1 of the GATT 1994 and its interpretive notes, that all fees and charges of whatever character (other than import customs duties, charges equivalent to an internal tax or other internal charge applied consistently with Article III:2 of the GATT 1994, and antidumping and countervailing duties) imposed on or in connection with importation or exportation are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes. | | 絣よ莱赣ㄌ酚⒄⑾⑩⑩1994材兵材蹿のㄤ秆睦┦猔睦砏﹚絋玂┮Τ秈┪┖Μ┪籔秈┪Τ闽ヴ┦借も尿禣┪禣ノ埃秈闽闽祙单瓣ず祙Μ禣┪ㄤ才⒄⑾⑩⑩1994材兵材蹿砏﹚続ノ瓣ず禣ノのは渡綪㎝は干禟祙盢砆┮矗ㄑ狝叭阀Θセ絛瞅ずぃ砆瓣ず砯丁钡玂臔惫琁┪癩現ヘτ癸秈┪砯┖Μ贺祙 |
| 2. Each Party shall make available through the Internet or a comparable computer-based telecommunications network a list of the fees and charges and changes thereto levied by the central/federal Government, as the case may be, thereof in connection with importation or exportation. | | 絣よ莱硄筁瓣悔が羛呼┪讽膀璸衡诀硄癟呼蹈が矗ㄑヘ玡パいァ┪羛ü現┎┮┖Μ籔秈┪Τ闽も尿禣㎝禣ノ睲虫のさ┮э |
| Article 10 Special Requirements Related to Border Measures | | 材兵籔娩挂惫琁Τ闽疭璶― |
| 1. Each Party shall provide that any right holder initiating procedures for suspension by the customs authorities of the release of suspected counterfeit trademark or pirated copyright goods into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the relevant laws of the Party of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information to make the suspected goods reasonably recognizable to the customs authorities. The sufficient information required shall not unreasonably deter recourse to these procedures. | | 絣よゲ斗砏﹚ヴ币笆祘璶―闽いゎ︽砆胔好安玙坝夹砯┪祍砯?秈パ瑈硄醚玻舦Τ惠璶恨诀闽矗ㄑì镑靡沮ㄓㄏㄤ絋獺沮秈絣よ闽猭砏﹚Τ˙靡沮靡赣醚玻舦Τ醚玻舦竒獻甡矗ㄑだ獺琵胔好砯镑砆闽瞶侩粄璶―矗ㄑだ獺ぃ莱ぃ瞶Й锚癸瓃祘穿ノ
猔?セ兵い
安玙坝夹砯珹杆ず⊿Τ甭舦薄猵ㄏノ琘籔赣摸砯Τ猔坝夹坝夹┪ㄤ膀セ疭┖よぃ籔瓃坝夹跋沮秈絣よ猭獻デ┮疉坝夹舦舦ヴ砯
祍砯⊿Τ竒筁醚玻舦Τ┪玻珇ネ玻絣よず赣舦Τだ甭舦種τ硑狡珇の钡┪丁钡パ珇硑砯贺狡秈絣よ㎝猭兜篶Θ癸舦┪闽舦獻デ |
| 2. Each Party shall provide the competent authorities with the powers to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures. | | 絣よ莱赣倒ぉ恨诀闽璶―ビ叫矗ㄑì玂臔砆㎝恨诀闽のňゎ垒ノ舦瞶玂靡┪讽踞玂舦瓃玂靡┪讽踞玂ぃ莱ぃ瞶Й锚癸瓃祘穿ノ |
| 3. Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall grant the competent authorities the right to inform the right holder, at the right holder's request, of the names and addresses of the consignor, the importer, and the consignee, and of the quantity of the goods in question. | | 讽恨诀闽掉﹚砯╰安玙坝夹┪祍赣絣よ莱倒ぉ恨诀闽舦莱醚玻舦Τ璶―ㄤ祇砯秈坝㎝Μ砯﹎㎝の胔好砯计秖 |
| 4. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio, without the need for a formal complaint from a person or right holder. Such measures shall be used when there is reason to believe or suspect that goods being imported, or destined for export are counterfeit or pirated. | | 絣よ莱赣砏﹚す砛恨诀闽ㄌ戮舦币笆娩挂惫琁τぃ惠璶ㄓ琘┪琘醚玻舦ΤタΑビ禗瓃惫琁莱Τ瞶パ獺┪胔好タ秈┪ノ砯╰安玙坝夹┪祍ノ |
| Article 11 Committee on Trade in Goods | | 材兵砯禩〆穦 |
| 1. The Parties hereby establish a Committee on Trade in Goods, comprising representatives at the level of joint secretary, director general or deputy director general respectively. | | 絣蛮よ莱盡砞ミ砯禩〆穦パ羛┪捌莱蛮よ舱Θ |
| 2. The Committee shall meet on the request of either Party or the Commission established under Chapter XI of this Agreement to consider any matter arising under this Chapter, Chapter IV and Chapter V. | | セ〆穦莱碞ヴ絣よ┪沮セ﹚材彻Θミ〆穦璶―羭︽穦某σ納パセ彻材彻┪材き彻┮ま癬ヴ拜肈 |
| 3. The Committee's functions shall include: | | セ〆穦戮莱珹 |
| (a) promoting trade in goods between the Parties, including through consultations on accelerating tariff elimination under this Agreement and other issues as appropriate; | | 玃秈絣蛮よぇ丁砯禩珹硄筁絉坝硉セ﹚砏﹚闽祙埃のㄤ続讽拜肈 |
| (b) addressing barriers to trade in goods between the Parties, especially those related to the application of non-tariff measures, and, if appropriate, referring such matters to the Commission established under Chapter XI of this Agreement for its consideration; | | 帝秆∕絣蛮よぇ丁砯禩纠耂疭琌籔続ノ獶闽祙惫琁Τ闽拜肈続讽薄猵盢瓃拜肈ユパ沮セ﹚材彻Θミ〆穦σ納 |
| (c) monitoring and evaluating the implementation of schedule of tariff reduction as provided in Annex I of this Agreement; and | | 菏代㎝蝶︳セ﹚ン闽祙搭琵磅︽の |
| (d) any other issue related to trade in goods, referred to the Committee by either Party. | | ヴ絣よ〆穦矗ㄤ籔砯禩Τ闽拜肈 |
| 4. The Committee may establish working groups to deliberate on any matter if required. | | 惠璶セ〆穦砞ミ舱坝某ヴㄣ砰ㄆ叭 |
| Chapter IV Rules of Origin | | 材彻玻砏玥 |
| Article 12 Definitions | | 材兵﹚竡 |
| For the purposes of these Rules: | | 磅︽玻砏玥 |
| (a) "CIF value" means the price actually paid or payable to the exporter for the good when the good is unloaded from the carrier, at the port of importation. The value includes the cost of the good, insurance and freight necessary to deliver the good to the named port of destination. | | ¨Θセ玂繧禣笲禣基⒀⒆⒃〃琌龟┪莱倒砯秈翠眖笲块ㄣ基ウ珹砯Θセ㎝盢砯笲﹚ヘ翠┮惠玂繧禣㎝笲禣 |
| (b)"Customs Valuation Agreement" means the WTO Agreement on Implementation of Article VII of the =T&origin_id=1348276&provider_id=1&isEnglish=Y" class="link_2" re="T" cate="en_href" target="_blank" >General Agreement on Tariffs and Trade 1994. | | ¨闽︳基某〃㈠⑩⑤某い闽龟琁1994闽祙籔禩羆﹚材兵﹚ |
| (c) "FOB value" means the price actually paid or payable to the exporter for the good when the good is loaded into the carrier at the named port of exportation. The value includes the cost of the good and all costs necessary to bring the good into the carrier. | | ¨差ユ砯基⒃⑤⑿〃琌龟┪莱倒砯﹚翠杆笲块ㄣ基ウ珹砯Θセ㎝盢砯笲笲块ㄣ┮惠┮ΤΘセ |
| (d) "Materials" include ingredients, parts, components, subassembly and/or goods that were physically incorporated into another good or were subject to a process in the production of another good. | | ¨〃珹舱ΘΘだ箂ン场ン舱ンの〓┪龟悔篶Θ砯场だ┪ノ砯ネ玻筁祘砯 |
| (e) "Originating goods" means products that qualify as originating in accordance with the provisions of Article 13. | | き¨玻砯〃琌沮材兵砏﹚絋﹚玻砯 |
| (f) "Product Specific Rules" are rules that specify that the materials have undergone a change in tariff classification or a specific manufacturing or processing operation, or satisfy an ad valorem criterion or a combination of any of these criteria. | | せ¨玻珇疭﹚玻夹〃琌砏﹚竒筁祙腹э跑┪疭﹚硑┪┪骸ì琘眖基κだゑ夹┪睼ㄏノヴ硂ㄇ夹砏玥 |
| (g) "Indirect material" means a good used in the production, testing or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including: | | ¨丁钡〃琌ノ琘砯ネ玻代刚㎝浪琩⊿Τ龟悔┦舱Θ硂砯い珇┪琌贺ノ籔琘砯ネ玻Τ闽紅┬蝴臔┪砞称巨珇珹 |
| (i) Fuel and energy; | | 1縐籔方 |
| (ii) Tools, dies, and moulds; | | 2ㄣ家ㄣの疟家 |
| (iii) Parts and materials used in the maintenance of equipment and buildings; | | 3ノ砞称の紅┬蝴臔箂ン㎝ |
| (iv) Lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings; | | 4ノネ玻┪砞称巨㎝紅┬柬菲警柬菲猳睼のㄤ |
| (v) Gloves, glasses, footwear, clothing, safety equipment, and supplies; | | 5も甅泊描綾︾狝杆竚のノ珇 |
| (vi) Equipment, devices, and supplies used for testing or inspecting the goods; | | 6ノ砯代刚┪浪琩砞称杆竚㎝ノ珇 |
| (vii) Catalysts and solvents; and any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be part of that production; | | 7妒て警㎝坊警のㄤヴ砆靡ノ砯ネ玻ゼ篶Θ砯舱Θ场だ砯 |
| (h) "Non-originating material" used in production means any material whose country of origin is other than that of the Parties and any material whose origin cannot be determined; | | ¨獶玻〃琌ノ砯ネ玻い獶ヴ絣よ玻のぃ玻 |
| (i) "Production" includes methods of obtaining goods including manufacturing, producing, assembling, processing, raising, growing, breeding, mining, extracting, harvesting, fishing, trapping, gathering, collecting, hunting and capturing. | | ¨ネ玻〃琌莉眔砯よ猭珹硑ネ玻杆皌箎緄贺从羉崔秨矗Μ莉即护栋Μ栋聐㎝莉 |
| Article 13 Origin Criteria | | 材兵玻夹 |
| For the purposes of this Agreement, products imported by a Party shall be deemed to be originating and eligible for preferential concessions if they conform to the origin requirements under any one of the following: | | セ某い眖絣よ秈才ヴ兜玻璶―玻珇莱跌玻ㄉ纔磃闽祙搭琵 |
| (a) products which are wholly obtained or produced as set out and defined in Article 14; or | | 材兵い絋砏﹚Ч莉眔┪ネ玻玻珇┪ |
| (b) products not wholly obtained or produced provided that the said products are eligible under Article 15, Article 16 or Article 17. | | 才材き兵材せ兵┪材兵い砏﹚獶Ч莉眔┪ネ玻玻珇 |
| Article 14 Wholly Obtained or Produced Products | | 材兵Ч莉眔┪ネ玻玻珇 |
| Within the meaning of Article13 (a), the following shall be considered as wholly produced or obtained in a Party: | | 玻珇莱讽跌才材兵┮Ч絣よ莉眔┪ネ玻 |
| (a) Plant and plant products harvested, picked or gathered there; | | 絣よΜ莉篕┪Μ栋从の从玻珇 |
| (b) Live animals born and raised there; | | 絣よネ㎝箎緄笆 |
| (c) Products obtained from live animals referred to in paragraph (b) above; | | 絣よ眖瓃材兜笆い莉眔玻珇 |
| (d) Products obtained from hunting, trapping, fishing, aquaculture, gathering or capturing conducted there; | | 絣よ聐护即ネ緄崔Μ栋┪莉┮眔玻珇 |
| (e) Minerals and other naturally occurring substances, not included in paragraphs (a) to (d) above, extracted or taken from its soil, waters, seabed or beneath their seabed; | | き眖絣よ烩烩┪┏秨┪矗埃瓃材兜膓┪ㄤぱ礛ネΘ |
| (f) Products taken from the waters, seabed or beneath the seabed outside the territorial waters of that Party; provided that that Party has the rights to exploit such waters, seabed and beneath the seabed in accordance with international law; | | せ絣よ烩办┪┏莉眔玻珇赣Θよ斗酚瓣悔猭砏﹚Τ舦秨祇瓃办の┏ |
| (g) Products of sea fishing and other marine products taken from the high seas by vessels registered with a Party or entitled to fly the flag of that Party; | | 絣よ猔┪腶本赣Θよ瓣篨差そ即莉眔辰摸のㄤ玻珇 |
| (h) Products processed and/or made on board factory ships registered with a Party or entitled to fly the flag of that Party, exclusively from products referred to in paragraph (g) above; | | 絣よ猔┪腶本赣Θよ瓣篨差度眖材兜玻珇い㎝〓┪硑┮眔玻珇 |
| (i) Parts or raw materials recovered there from articles which can no longer perform their original purpose nor are capable of being restored or repaired; | | 絣よ眖琂ぃノノ硚ぃ狡┪瞶珇Μ箂ン┪ |
| (j) Articles collected there which can no longer perform their original purpose nor are capable of being restored or repaired and are fit only for disposal or recovery of parts of raw materials, or for recycling purposes; | | 絣よΜ栋琂ぃノノ硚ぃ狡┪瞶度続ノ斌竚┪场だΜ┪度続ネノ硚珇 |
| (k) Waste and scrap resulting from manufacturing operations conducted there; and | | 絣よ挂ずネ玻筁祘い玻ネ紀窰㎝ |
| (l) Goods obtained or produced in a Party solely from products referred to in paragraphs (a) to (k) above. | | 度ノ瓃材兜┮玻珇絣よ莉眔玻珇 |
| Article 15 Not Wholly Produced or Obtained Products | | 材き兵獶Ч莉眔┪ネ玻玻珇 |
| (a) For the purposes of Article 13(b), a product shall be deemed to be originating if not less than 40% of its content originates from a Party. | | 兵い玻絣よΘだ玻珇いぃぶ40玥赣玻珇莱跌赣よ玻 |
| (b) For the purposes of calculating the originating value content the following method shall apply: | | 璸衡セ糤Θだ莱続ノよ猭
獶玻基
⌒⌒⌒⌒⌒⌒⌒⌒⌒⌒⌒⊙100≌60
差ユ砯基⒃⑤⑿
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| (c) The value of the non-originating materials shall be: | | 獶玻基莱 |
| (i) the CIF value at the time of importation of the materials; or | | 1秈Θセ笲禣玂繧禣基⒀⒆⒃┪ |
| (ii) the earliest ascertained price paid for the materials of undetermined origin in the territory of the Party where the working or processing takes place. | | 2秈︽硑┪Θよ挂ず程Ν絋﹚ぃ玻や基 |
| Article 16 Cumulative Rule of Origin | | 材せ兵仓璸玻砏玥 |
| Unless otherwise provided for, products which comply with origin requirements provided for in Article 13 and which are used in the territory of a Party as materials for a finished product eligible for preferential treatment under the Agreement shall be considered as products originating in the territory of the Party where working or processing of the finished product has taken place provided that the aggregate China-Pakistan originating content on the final product is not less than 40%. | | 埃Τ砏﹚才材兵玻璶―玻珇絣よ挂ずノネ玻ㄉセ某纔磃笿Θ珇狦程沧玻珇い瓣⌒ぺ膀吹㈱仓璸Θだぃ40玥赣玻珇莱跌玻硑┪赣Θ珇Θよ挂ず |
| Article 17 Product Specific Rules | | 材兵玻珇疭﹚玻夹 |
| Products which have undergone sufficient transformation in a Party shall be treated as originating goods of that Party. Products which satisfy the Product Specific Criteria as annexed to these Rules shall be considered as goods to which sufficient transformation has been carried out in a Party. | | 絣よ竒筁だ玻珇莱跌赣Θよ玻砯才セ砏玥ン┮玻珇疭﹚玻夹玻珇莱跌絣よ竒筁だ |
| Article 18 Minimal Operations and Processes | | 材兵稬の矪瞶 |
| The following operations or processes shall be considered as minimal operations and shall not be taken into account in determining the origin of a product in terms of Article 13: | | ┪矪瞶А跌稬の矪瞶酚材兵絋﹚砯玻莱ぃぉσ納 |
| (a) Operations to ensure the preservation of products in good condition during transport and storage (such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); | | 笲块┪禞砯ㄏ砯玂▆篈矪瞶ㄒ稦狸芉玂硄舥秨玱竚芉て哺┪ㄤ坊睪い埃穕甡场だ单摸矪瞶 |
| (b) Simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (inkling the making-up of sets of articles), washing, painting, cutting; | | 埃剐縵匡だ摸だで皌ボ舱ΘΘ甅珇瑍喊额┵㎝ち澄 |
| (c) Changes of packing and breaking up and assembly of consignments; | | э跑杆の祇砯τ秈︽╊だ杆皌 |
| (d) Simple cutting, slicing and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards and all other simple packing operations; | | 虏虫ち澄ち㎝杆┪杆瞺砋秈絚㏕﹚祑狾┪れ狾のㄤ┮Τ虏虫杆巨 |
| (e) Affixing of marks, labels or other like distinguishing signs on products or their packaging; | | き玻珇┪杆诌禟夹в夹帽┪ㄤ摸跋夹癘 |
| (f) Simple mixing of products whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down in this Chapter to enable them to be considered as originating products; | | せ虏虫睼ぃ阶琌贺摸玻珇τ赣睼τ眔┪舱Θ场だぃ眔骸ìセ彻砏﹚兵ンτ莉眔玻戈 |
| (g) Simple assembly of parts of products to constitute a complete product; | | 虏虫舱杆玻珇场ン舱ΘЧ俱珇 |
| (h) Disassembly; | | ╊杆 |
| (i) Slaughter of animals; | | 監甠笆 |
| (j) Mere dilution with water or another substance that does not materially alter the characteristics of the goods; and | | 度ノ┪ㄤ借祡睦τぃэ跑砯┦借の |
| (k) A combination of two or more operations referred to in paragraphs (a) to (j). | | 瓃兜いㄢ兜┪兜巨舱 |
| Article 19 Direct Consignment | | 材兵钡笲块 |
| The following shall be considered as consigned directly from the exporting Party to the importing Party: | | 薄猵莱跌眖Θよ秈Θよ钡笲块 |
| (a) If the products are transported without passing through the territory other than China and Pakistan; | | 砯笲块ゼ竒筁い瓣㎝ぺ膀吹㈱ヴㄤ瓣產┪跋挂ず |
| (b) The products whose transport involves transit through one or more intermediate non-CPFTA countries with or without transshipment or temporary storage in such countries, provided that: | | 砯笲块硚い竒筁い瓣⌒ぺ膀吹㈱パ禩跋Θよぇ┪瓣產挂ずぃ阶琌硂ㄇ瓣產锣传笲块ㄣ┪羬纗狦 |
| (i) the transit entry is justified for geographical reason or by consideration related exclusively to transport requirements; | | 1靡筁挂笲块琌パ瞶┪度笲块惠璶σ納 |
| (ii) the products have not entered into trade or consumption there;and | | 2砯ゼ硂ㄇ瓣產秈禩┪禣烩办の |
| (iii) the products have not undergone any operation there other than unloading and reloading or any operation required to keep them in good condition. | | 3埃杆┪ㄤㄏ砯玂▆篈矪瞶砯硂ㄇ瓣產ゼ竒ヴㄤ巨 |
| Article 20 Treatment of Packing | | 材兵杆 |
| (a) Where for purposes of assessing customs duties, a Party treats products separately from their packing; it may also, in respect of its imports consigned from another Party, determine separately the origin of such packing. | | 絣よ癸砯のㄤ杆だ璸┖闽祙碞癸眖絣よ秈砯のㄤ杆だ絋﹚玻 |
| (b) Where paragraph (a) above is not applied, packing shall be considered as forming a whole with the products and no part of any packing required for their transport or storage shall be considered as having been imported from outside the CPFTA when determining the origin of the products as a whole. | | 瓃材兜ぃ続ノ薄猵杆莱籔砯跌俱砰笲块┪禞旅┮惠杆絋﹚砯玻莱籔砯σ納τぃ莱盢ㄤ跌眖い瓣⌒ぺ膀吹㈱パ禩跋秈 |
| Article 21 Accessories, Spare Parts and Tools | | 材兵ン称ンのㄣ |
| The origin of accessories, spare parts, tools and instructional or other information materials presented with the goods therewith shall be neglected in determining the origin of the goods, provided that such accessories, spare parts, tools and information materials are classified and collected customs duties with the goods by the importing member state. | | 秈Θよ盢籔砯厨喷ン称ンㄣの旧┦┪ㄤざ残弧┦砯耴摸㎝┖Μ闽祙絋﹚赣砯玻硂ㄇン称ンのㄣ单莱┛菠ぃ璸 |
| Article 22 Treatment of Indirect Materials | | 材兵丁钡 |
| Unless otherwise provided, for the purpose of determining the origin of goods, the origin of indirect materials as defined in Article 12 (h), or the materials used in its manufacture which do not remain in the goods or form part of the goods, shall not be taken into account. | | 埃Τ砏﹚絋﹚砯玻莱ぃσ納材兵い﹚竡丁钡玻癸硑筁祘いゼ痙砯┪ゼ篶Θ砯场だ玻ぃぉσ納 |
| Article 23 Certificate of Origin | | 材兵玻靡 |
| A claim that products shall be accepted as eligible for preferential concession shall be supported by a Certificate of Origin issued by a government authority designated by the exporting Party and notified to the other Party to the Agreement in accordance with the operational certification procedures, as set out in Annex II. | | ビ叫ㄉ纔磃闽祙搭琵玻珇ビ厨莱矗ユパΘよ﹚ン┮帽靡巨祘砏﹚硄某絣よ現┎诀篶帽祇玻靡 |
| Article 24 Review and Modification | | 材兵糵某のэ |
| These rules may be reviewed and modified as and when necessary upon request of a Party and may be open to such reviews and modifications as may be agreed upon by both Parties. | | 莱絣よ璶―ゲ璶癸硂ㄇ砏玥秈︽糵某のэ竒蛮よ種硂ㄇ砏玥糵某のэぉ秨 |
| Chapter V Trade Remedies | | 材き彻禩毕蕾 |
| Article 25 Anti-Dumping and Countervailing Measures | | 材き兵は渡綪㎝は干禟惫琁 |
| 1. The Parties maintain their rights and obligations under the Agreement on Implementation of Article VI of the GATT 1994 and the Agreement on Subsidies and Countervailing Measures, which are parts of the WTO Agreement. | | 絣蛮よ玂痙篶Θ㈠⑩⑤﹚舱Θ场だ闽龟琁1994闽祙籔禩羆﹚材せ兵﹚㎝干禟籔は干禟惫琁﹚兜舦籔竡叭 |
| 2. Antidumping actions taken pursuant to Article VI of GATT l994 and the Agreement on Implementation of Article VI of the GATT 1994 or countervailing actions taken pursuant to Article VI of GATT l994 and the Agreement on Subsidies and Countervailing Measures shall not be subject to Chapter X (Dispute Settlement) of this Agreement. | | 絣蛮よㄌ沮⒄⑾⑩⑩1994材せ兵㎝闽龟琁1994闽祙籔禩羆﹚材せ兵﹚┮は渡綪惫琁㎝ㄌ沮⒄⑾⑩⑩1994材せ兵㎝干禟籔は干禟惫琁﹚┮は干禟惫琁Аぃ続ノセ﹚材彻狠秆∕砏﹚ |
| Article 26 Global Safeguard Measures | | 材せ兵瞴┦玂毁惫琁 |
| 1. The Parties maintain their rights and obligations under Article XIX of GATT l994 and the Safeguards Agreement. | | 絣蛮よ玂痙⒄⑾⑩⑩1994材兵㎝玂毁惫琁﹚兜舦籔竡叭 |
| 2. Actions taken pursuant to Article XIX of GATT 1994 and the Safeguards Agreement shall not be subject to Chapter X (Dispute Settlement) of this Agreement. | | 絣よㄌ沮⒄⑾⑩⑩1994材兵㎝玂毁惫琁﹚┮︽笆ぃ続ノセ﹚材彻狠秆∕砏﹚ |
| Article 27 Bilateral Safeguard Measures | | 材兵蛮娩玂毁惫琁 |
| 1. For purposes of this Section: | | セ竊い |
| (a) Competent investigating authority means: | | 恨秸琩诀闽 |
| (i) in the case of China, Ministry of Commerce, or its successor; and | | 1碞い瓣τē坝叭场┪ㄤ膥ヴの |
| (ii) in the case of Pakistan, National Tariff Commission, or its successor; | | 2碞ぺ膀吹㈱τē瓣闽祙〆穦┪ㄤ膥ヴ |
| (b) Domestic industry means "the producers as a whole of the like or directly competitive product operating within the territory of the Party, or those producers whose collective production of the like or directly competitive product constitutes a major proportion of the total domestic production of such product"; | | 瓣ず玻穨よ烩ずネ玻摸玻珇┪钡膙玻珇ネ玻砰┪摸玻珇┪钡膙玻珇羆玻秖硂ㄇ玻珇场瓣ず玻秖璶场だネ玻 |
| (c) Serious injury means "a significant overall impairment in the position of a domestic industry"; | | 腨穕甡癸瓣ず玻穨猵搭穕 |
| (d) Threat of serious injury means "serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent"; and | | 腨穕甡沮ㄆ龟τ獶度咎北崩代┪伐┦絋﹚陪腨穕甡の |
| (e) Transition period means "five-year period in the first phase of customs duty reduction or elimination". With regard to transition period in the second phase, the Parties shall meet to determine it in the review of this Article. | | き筁寸戳┪闽祙材顶琿き戳丁闽材顶琿筁寸戳絣蛮よ莱糵某セ兵蹿∕﹚ |
| 2. During the transition period only, if as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of a Party is being imported into the other party's territory in such increased quantities, in absolute terms, and under such conditions as to constitute a substantial cause of serious injury or threat of serious injury to domestic industry producing a like or directly competitive product, the importing Party may: | | 狦パ酚セ﹚┪闽祙旧璓玻絣よ玻珇砆秈絣よ烩ず计秖荡癸糤眖よ秈セ玻珇篶Θ癸秈よネ玻摸玻珇┪钡膙玻珇瓣ず玻穨硑Θ腨穕甡┪盿ㄓ腨穕甡玥度筁寸戳ず秈よ |
| (a) suspend the further reduction of any rate of customs duty on the good provided for under this Agreement; or | | いゎ酚セ﹚砏﹚秈˙玠搭玻珇闽祙祙瞯┪ |
| (b) increase the rate of customs duty on the good to a level not to exceed the lesser of | | 矗蔼玻珇闽祙祙瞯ぃ莱禬筁祙瞯ㄢぇい耕キ |
| (i) The MFN applied rate of customs duty on the good in effect at the time the measure is taken; and | | 1惫琁タ龟琁程磃瓣闽祙祙瞯の |
| (ii) The MFN applied rate of customs duty on the good in effect on date of entry into force of this agreement; or | | 2セ﹚タΑネぇらタ龟琁程磃瓣闽祙祙瞯 |
| (c) in the case of a customs duty applied to a good on a seasonal basis, increase the rate of customs duty to a level not to exceed the lesser of | | 狦癸砯龟琁琌﹗竊祙矗蔼闽祙祙瞯ぃ莱禬筁祙瞯ㄢぇい耕キ |
| (i) the MFN applied rate of customs duty on the good in effect for the immediately preceding corresponding season; and | | 1惫琁龟琁ぇら玡莱﹗竊ㄏノ赣砯程磃瓣闽祙祙瞯の |
| (ii) the MFN applied rate of customs duty on the good in effect on the date of entry into force of this agreement. | | 2セ﹚タΑネぇらタ龟琁程磃瓣闽祙祙瞯?
?某蛮よ粄闽祙皌肂㎝计秖常ぃ妮玂毁惫琁┮す砛Α |
| 3. The following conditions and limitations shall apply to an investigation or a measure described in Paragraph 1(a). | | 兵ン㎝癸材蹿材兜砏﹚秸琩惫琁続ノ |
| (a) A party shall immediately deliver written notice to the other Party upon: | | 薄猵絣よ莱ミΑ硄絣よ |
| (i) initiating an investigatory process relating to serious injury or threat thereof and the reasons for it; | | 1祇癬籔パ玻ネ腨穕甡┪腨穕甡闽秸琩笆のㄤ |
| (ii) making a finding of serious injury or threat thereof caused by increased imports; and | | 2眔秈糤硑Θ腨穕甡┪腨穕甡秸琩挡狦の |
| (iii) taking a decision to apply a safeguard measure. | | 3∕﹚兜玂毁惫琁 |
| (b) in making the notification referred to in paragraph (a)(ii) and (a)(iii), the Party proposing to apply or extend a safeguard measure shall provide the other Party with all pertinent information, which shall include evidence of serious injury or threat thereof caused by the increased imports, precise description of the good involved and the proposed measure, proposed date of introduction and expected duration; the Party proposing to apply a measure shall also provide any additional information which the other Party considers pertinent; | | 材兜2㎝3┮硄矗龟琁┪┑玂毁惫琁絣よ莱絣よ矗ㄑ┮Τ闽獺珹糤秈硑Θ腨穕甡┪腨穕甡靡沮癸┮疉の玻珇㎝览某惫琁絋磞瓃览某惫琁ら戳㎝箇戳戳矗龟琁惫琁絣よ临莱矗ㄑ絣よ粄闽ヴㄤ獺 |
| (c) a Party proposing to apply a measure shall provide adequate opportunity for prior consultations with the other Party as far in advance of taking any such measure as practicable, with a view to reviewing the information arising from the investigation, exchanging views on the measure and reaching an agreement on compensation set out in Paragraph 4. The Parties shall in such consultations, review, inter alia, the information provided under paragraph (b), to determine: | | 矗龟琁玂毁惫琁絣よ莱玂毁惫琁玡荷Ν丁絣矗ㄑだ诀穦獽ㄆ絉坝糵某秸琩獺ユ传闽玂毁惫琁芠翴㎝碞材蹿矗の干纕笷Θ璓瓃絉坝い絣蛮よ莱疭碞材兜い獺秈︽糵某∕﹚ |
| (i) compliance with the other provisions of this Article; | | 1籔セ兵ㄤ砏﹚琌璓 |
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