Committee on Rules of Origin - Article 5 of the Agreement on Rules of origin - Notification of non-preferential rules of origin - Switzerland

ARTICLE 5 OF THE AGREEMENT ON RULES OF ORIGIN

Notification of Non-preferential Rules of Origin

Switzerland

1._       According to Article 5.1 of the Agreement on Rules of Origin, each Member shall provide to the Secretariat, within 90 days after the date of entry into force of the WTO Agreement for it, its rules of origin, judicial decisions, and administrative rulings of general application relating to rules of origin in effect on that date. If, by inadvertence, a rule of origin has not been provided, the Member concerned shall provide it immediately after this fact becomes known.

2._       Article 5.2 of the Agreement provides, moreover, that during the period referred to in Article 2, Members introducing modifications, other than de minimis modifications, to their rules of origin or introducing new rules of origin, shall publish a notice to that effect at least 60 days before the entry into force of the modified or new rule in such a manner as to enable interested parties to become acquainted with the intention to modify a rule of origin or to introduce a new rule of origin, unless exceptional circumstances arise or threaten to arise for a Member.

3._       In addition, as a result of consultations held in 2024, the Chairperson of in the CRO noted that it would be desirable that Members keep their notifications complete, up to date and accurate in case of modifications to the applicable legislation, as necessary. In doing so, Members were encouraged to use a notification template (Annexes to document _JOB/RO/8/Rev.3). The use of the notification template would have the advantage of facilitating the preparation of notifications and standardizing the information submitted.

4._       Further to these notification obligations and recommendations, the following notification has been received from Switzerland.

_______________

 


ANNEX 1

NON-PREFERENTIAL RULES OF ORIGIN

I.       BASIC INFORMATION

1)_         

Notifying Member:

Switzerland

2)_         

Contact point:

(If possible, provide the following contact details: name, telephone, e‑mail, website)

Mr Nicolas BONJOUR

Federal Office for Customs and Border Security (FOCBS)
nicolas.bonjour@bazg.admin.ch
www.bazg.ch

3)_         

Are non-preferential rules of origin ("non-preferential RO") in force?

x

Yes

o

No*

 

* If your answer in question 3 is 'No', the subsequent questions of this Annex do not need to be completed

4)_         

Please indicate which commercial policy instruments use these non‑preferential RO (refer to Article 1.2 of the Agreement on Rules of Origin):

None

5)_         

Date of entry into force or any substantive modification thereof:

9 April 2008

6)_         

Date of expiration, if applicable:

 

7)_         

Governmental or non-governmental authorities in charge of administration:

Federal Office for Customs and Border Security FOCBS (Federal Office for Customs and Border Security)

and

State Secretariat for Economic Affairs SECO (SECO - State Secretariat for Economic Affairs)

8)_         

Internet link to legislation, title and date of adoption of the legislation, and for any explanatory documents, if applicable:

www.bazg.ch

The Ordinance on the Certification of Non-Preferential Origin of Goods (OCG)

SR 946.31 - Ordinance of 9 April 2008

The Ordinance of the Federal Department of Economic Affairs, Education and Research (EAER) on the Certification of Non-Preferential Origin of Goods

SR 946.311 - Ordinance of the EAER of 9 April 2008

9)_         

Comments, if any:

Comment related to question 4: Switzerland's non-preferential rules of origin apply on exports from Switzerland (see questions 10 and 11 below). In addition, Switzerland does not apply trade defense instruments. Therefore, the answer to question 4 is "none".

 

II.     APPLICATION OF NON-PREFERENTIAL RULES OF ORIGIN

10)_     

Do non-preferential RO apply to imports?

o

Yes

x

No

11)_       

Do non-preferential RO apply to exports?

x

Yes

o

No

12)_       

Is there a de minimis rule for the application of non-preferential RO?

x

Yes

o

No

 

If "Yes", please specify the de minimis threshold and provide the relevant legal references applicable to questions 10 to 12:

Tolerance rule Art. 3 (OCG-EAER)

Materials that are not of Swiss origin may be used in the manufacture of a product:

If their total value does not exceed 10% of the ex-works price of the product.

 

III.    CRITERIA FOR DETERMINING SUBSTANTIAL TRANSFORMATION FOR ASSESSING THE ORIGIN OF THE GOOD

13)_       

General criteria, if applicable for all products:

Swiss origin Art. 9 (OCG)

A product shall be considered to be of Swiss origin if it either has been wholly obtained or produced or has been sufficiently worked or processed within the territory.

Sufficiently worked or processed Art. 11 (OCG)

A product shall be considered to be sufficiently worked or processed if:

a. the value of all materials of foreign origin used in its production does not exceed 50% of its ex-works price;

b. on account of working or processing, it has to be classified under a heading in the Harmonised System different from the one applicable to the products of foreign origin used in its production.

14)_       

Product specific rules of origin where applicable:

Sufficiently worked or processed Art. 11 (OCG)

A product shall be considered to be sufficiently worked or processed if:

c. possible specific origin-conferring processing or working has been undertaken.

Art.2 (OCG-EAER)

The EAER may define specific origin-conferring working or processing for particular products.

15)_       

Definition of non-originating material and originating material, if any:

There is no definition of non-originating material or originating material in the Swiss legislation.

16)_       

List of minimal operations not conferring origin, if any:

Insufficient working or processing Art. 13 (OCG)

The following are considered insufficient for conferring originating status:

a. treatments intended to keep the products in the same state during transportation or storage (ventilation, dispersion, drying, cooling, freezing, immersion in brine or water containing sulphur or other added substances, removal of spoiled parts and similar treatments);

b. simple dust removal, sieving, segregation, classification, sorting (including the making of assortments), washing, painting, cutting up;

c. simple packing work, specifically:

1. the replacement of packaging binders, the division or assembly of packing units,

2. simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on boards and, vacuum-packing and enclosure in a controlled atmosphere;

d. applying brand names, labels or other similar distinguishing marks to the products themselves or to their packaging;

e. simple mixing of products, including different types of products, if one or more elements of the mixture do not meet the conditions for products with originating status;

f. simple assembly of parts into a complete product;

g. the combination of two or more operations specified in letters a to f;

h. the slaughter of animals and the cutting up of meat (disjointing, shredding and chopping).

17)_       

Residual rules, if any:

See numbers 13, 14 and 15

18)_       

Any other information the Member deems necessary (provide an Internet link, if appropriate)

 

 

IV.     ADVANCE RULINGS

19)_       

Are advance rulings on the origin of a good issued?[1]

x

Yes

o

No

20)_       

Authority in charge of issuing advance rulings on origin:

Federal Office for Customs and Border Security FOCBS

21)_       

Instructions for the application for an advance ruling on origin:

Art. 7 Information on origin

On written request, the Customs Administration shall provide written information on the non-preferential origin of goods

22)_       

Internet link to legislation and any other relevant legal references:

SR 946.31 - Ordinance of 9 April 2008


ANNEX 2

DOCUMENTARY REQUIREMENTS RELATED TO NON-PREFERENTIAL RULES OF ORIGIN

1) 

For imports, are there mandatory requirements for certificate and/or any other documentary proof of origin for non-preferential purposes?

o

 

Yes

x

No**

 

2) 

For exports, are there mandatory requirements for certificate and/or any other documentary proof of origin for non-preferential purposes?

o

 

Yes

x

No**

 

** If answers to questions 1 and 2 are 'No', the subsequent questions of this Annex do not need to be completed

3) 

Is there a standardized or prescribed format and/or content of certificate and/or any other mandatory documentary proof of origin?

If "Yes", please attach a copy or provide relevant details in the Appendix of this Annex

x    Yes        No

see document below

(Annex 4 SR 946.311 - Ordinance of the EAER of 9 April 2008)

4) 

If only requested in specific circumstances, please describe the cases for which a certificate (or other mandatory documentary proof of origin) is requested and the respective format (prescribed form or other):

Not applicable

5) 

If mandatory requirements for certificate and/or any other documentary proof of origin for non-preferential purposes are limited to certain products, please specify for which HS Chapters and the respective format (prescribed form or other):

Not applicable

6) 

Exemptions to the mandatory requirements for certificate and/or any other documentary proof of origin for non-preferential purposes (e.g. low value consignments, postal consignments, …):

Not applicable

7) 

Governmental or non-governmental authorities designated for issuance of certificate and/or any other mandatory documentary proof of origin, if any:

The Chamber of Commerce and Industry of Switzerland (CCIS) is the union of the 19 cantonal and regional chambers of commerce in Switzerland and the Liechtenstein Chamber of Commerce

Chambers - SIHK/CCIS

8) 

Please provide the relevant legal references applicable to Questions 1 to 7:

The Ordinance on the Certification of Non-Preferential Origin of Goods (OCG)

SR 946.31 - Ordinance of 9 April 2008

The Ordinance of the Federal Department of Economic Affairs, Education and Research (EAER) on the Certification of Non-Preferential Origin of Goods

SR 946.311 - Ordinance of the EAER of 9 April 2008

 


 

ANNEX 2 ‒ APPENDIX

Please attach the prescribed form and/or Internet link to the prescribed form of Certificate of origin (or other mandatory documentary proof of origin), if applicable.

_________



[1] As defined in Article 2(h) of the Agreement on Rules of Origin and Article 3 of the Trade Facilitation Agreement.