OUR EXPORT IS BEING CONDUCTED THROUGH A THIRD PARTY - CAN A COMPANY IN ANOTHER COUNTRY BE LISTED AS THE EXPORTER?

In the case of a supplier applying for a Certificate of Origin on behalf of an exporter or a New Zealand subsidiary of a multi-national company, the New Zealand company’s name and address should be shown together with the phrase “on behalf of”, followed by the name and address of the third party exporter or parent company. The Chamber may request supporting documentation.

THE NAME OF THE CONSIGNEE IS NOT KNOWN AS THEY ARE NOT THE BUYER WE ARE TRADING WITH

When the Consignee’s name and address is unknown or not to be disclosed, the Consignee field may have the text ‘TO ORDER’ or ‘TO ORDER OF’ followed by the buyer’s name and address.

In addition the following details may be listed:

BUYER: followed by the buyer’s name and address and/or
NOTIFY PARTY: followed by the name and address of party to be notified, often a bank.

OUR CLIENT’S LETTER OF CREDIT TERMS SPECIFY A CERTIFICATE OF ORIGIN

Prior to agreeing to the Letter of Credit Terms, check that goods meet criteria for ‘New Zealand Origin’ under relevant rules of origin.

THE GOODS BEING EXPORTED WERE NOT MANUFACTURED OR PRODUCED IN NEW ZEALAND 

Apply for a Certificate of Foreign Origin. Insert the applicable country of origin into the required fields. The Chamber may request documentation to support the claimed country of origin. The usual requirement is the Certificate of Origin issued in the Country of Origin at the time of export.

WE PURCHASED OUR PRODUCT IN NEW ZEALAND – IS IT NEW ZEALAND ORIGIN?

Buying a product in New Zealand does NOT confer New Zealand origin.

The importing country may have a prescribed definition of what they determine is of an exporting country’s origin. In general terms the Marlborough Chamber of Commerce guide for determining New Zealand origin of goods is based on:

  1. The good being grown in, harvested or extracted from New Zealand territory
  2. Goods produced in New Zealand from ingredients/components qualifying as (1.)
  3. Goods produced/manufactured in New Zealand with some components/ingredients which were imported at some time in the supply chain and which have been materially changed by the New Zealand production/manufacturing process or have a different Harmonised System Tariff Heading (HS code different at 4 digits) to the exported good, or where the value of the New Zealand manufacturing process, components and/or ingredients is at least 40% of the FOB value of the exported good.

A good which is imported and undergoes a final process in New Zealand which is ‘minimal’ (does not materially change the good) is deemed to not change the origin of the good, therefore the Country of Origin of the good remains as classified at the time of import into New Zealand.
The exporter may be asked to provide supporting documentation for the Chamber to verify origin of Goods listed on a Certificate of Origin.

NB: Free Trade Agreements have special ‘Product Specific Rules’ of origin. Make sure your products qualify before committing to provide a FTA certificate of origin.

WE ARE EXPORTING GOODS WITH DIFFERENT COUNTRIES OF ORIGIN.

A Certificate of Foreign origin template should be used – the origin of each item is required to be specified against each listed item, prefaced with the text “Country of Origin: “ plus the name of the relevant country in full. Please contact our Export Documentation team for advice on wording of the Chamber declarations.

OUR BUYER WANTS A CERTIFICATE OF ORIGIN BUT WE HAVE NOT FINALISED THE SHIPPING DETAILS YET

The Certificate of Origin is a shipment specific document and is certified once the transport details are given. We recommend that the exporter identifies the reason an early document is required. 

Often the importer will want to review documentation prior to shipment. For this purpose an uncertified draft may be sent to them.

In the event that the importer is requiring Certification of Origin in order to apply for a permit to import or sell the products on their market prior to finalising an order, the Chamber can offer a Certificate of Free Sale and/or Certificate of Manufacture for qualifying goods to satisfy this origin documentation requirement.

THE GOODS ARE BEING SHIPPED BY COURIER – WE DON’T KNOW THE FLIGHT DETAILS OR THE ACTUAL DATE OF DEPARTURE

For goods being shipped by courier it is sufficient to note the Courier company name and date that the goods are collected by the courier company from your premises. The Courier consignment number may be listed as an extra reference.

WE ARE REQUIRED TO PROVIDE A CERTIFICATE OF ORIGIN FOR AN EXPORT FROM A COUNTRY OTHER THAN NEW ZEALAND

Certificates of Origin may be certified for shipments from New Zealand ports. For shipments from foreign ports, the exporter should request their agent to obtain a Certificate of Origin from the Chamber of Commerce in the country of export. Please contact the Export Documentation Team for contact details. In the event a Letter of Credit stipulates that all documents are to be certified by the same Chamber of Commerce, please contact our Export Documentation Team to determine best way to manage the logistics.

A CERTIFICATE OF ORIGIN WAS NOT ISSUED AT THE TIME OF EXPORT, BUT NOW OUR CUSTOMER HAS REQUESTED ONE

Certificates of Origin requested more than 3 weeks and up to 3 months post shipment, may be issued and are to be endorsed “ISSUED RETROSPECTIVELY”. For applications more than 6 weeks post shipment, the Chamber may request supporting documentation including, but not limited to, a copy of the Commercial Invoice, Bill of Lading and/or New Zealand Customs Export Entry. For requests more than 3 months post shipment, please apply to the Export Documentation Team for advice on whether a Certificate of Origin may still be issued. Special Rules apply for China NZ and AANZ FTA Certificates of Origin.

WE REQUIRE AN ADDITIONAL DECLARATION TEXT ON THE CERTIFICATE OF ORIGIN

From time to time importers or Letters of Credit may stipulate a requirement for additional declaration texts. Please contact the Export Documentation Team to determine whether the requested text may be added in the REMARKS Field (or equivalent field) and whether the Declaration is to be signed by a company representative prior to Chamber Certification.

ELECTRONIC OR MANUAL (WET-STAMPED) CERTIFICATES OF ORIGIN – ARE THEY BOTH ACCEPTABLE TO THE CUSTOMS AUTHORITIES?

Most customs authorities and banks will now accept electronically certified documents.  However, importers and banks continue to require wet-stamped documents. We recommend that exporters seek the advice of the importer, as to which type of certification will be acceptable by the relevant Customs Authorities and/or Bank. Wet stamped certification is recommended for documents required to be ‘legalised’.

OUR BUYER REQUIRES THE EXPORT DOCUMENTS TO BE LEGALISED (AUTHENTICATED)

WHY WOULD THIS BE REQUIRED?
An importer, importing customs authorities or the importer’s banker may require documents to be legalised for a variety of reasons. Most commonly to satisfy concerns that the documents provided to them by the importer are the original documents certified by duly authorised bodies in the country of export.

HOW DO WE GO ABOUT GETTING OUR DOCUMENTS LEGALISED (AUTHENTICATED)?
This is a relatively expensive and time consuming process. We recommend you determine the exact procedure for the relevant country by making contact with the diplomatic representative office in New Zealand first. The Export Documentation team can assist with contacts.

The legalising procedure may require documents to be certified by the following organisations in the listed order.

  • Chamber of Commerce
  • Notary Public
  • Department of Internal Affairs
  • New Zealand Ministry of Foreign Affairs & Trade
  • Importing Country’s Diplomatic Representative for New Zealand [Embassy/Consulate]

CAN WE GET A CERTIFIED CERTIFICATE OF ORIGIN REPLACED?

Replacement Certificates of Origin (CO) can be provided in most circumstances for shipments within 3 months of the application date. The procedure to apply for replacements is outlined below

THE ORIGINAL CERTIFIED CO NOT YET SENT TO THE IMPORTING CUSTOMS AUTHORITIES OR BANK

To apply Replacement of a Manual CO:
Provide a copy of the original certified CO together with the Application for the replacement CO giving the reason for applying for the Replacement.

To apply for Replacement of an Electronic CO:
Apply for the Replacement CO noting in the “Special Instructions to Chamber” field the Original CO Number and reason for applying for a Replacement.

THE ORIGINAL CERTIFIED CO HAS BEEN PRESENTED TO THE IMPORTING CUSTOMS AUTHORITIES OR BANK

To apply Replacement of a Manual CO:
The following text is required on the Replacement CO: “This Certificate replaces the Certificate issued by the Marlborough Regional Chamber of Commerce & Industry on xxxxx (date), which is now considered null and void”.

We recommend that the voided Certificate is attached to the back of the Replacement Certificate when re-presenting to officials.
Please provide a file copy of the original certified CO together with the Application to the Chamber for the replacement CO, giving the reason for applying for the Replacement.

To apply for Replacement of an Electronic CO:
The following text is required on the Replacement CO: “This Certificate replaces Certificate no. xxxxx issued on xxxxx (date), which is now considered null and void”.

Apply for the Replacement CO noting in the “Special Instructions to Chamber” field the Original CO Number and reason for applying for a Replacement.

CAN WE JUST FILL OUT A TEMPLATE FOR A CHINA NEW ZEALAND OR ASEAN-AUSTRALIA-NEW ZEALAND FREE TRADE AGREEMENT CERTIFICATE OF ORIGIN?

NO!
China NZ and AANZ FTA Certificates of Origin are only created in an online questionnaire which generates a certified Certificate of Origin and an xml data file which is received by New Zealand Customs verifying the validity of each China NZ and AANZ FTA Certificate of Origin. Any China NZ or AANZ FTA Certificates of Origin created any other way than through the portals of NZ Customs authorised bodies, will be deemed fraudulent. Contact our Export Documentation team for more information and to register. Registered exporters can log at: www.chamberdocs.co.nz.


Marlborough Chamber of Commerce Export Documentation Team can be contacted:
Email: info@mcoc.org.nz
Phone: (03) 577 9575


Disclaimer: The above information is supplied as a guide only. It does not purport to be comprehensive. No person should act in reliance on any statement above without first obtaining specific professional advice. Marlborough Chamber of Commerce makes all reasonable efforts to ensure that the information published in this resource is accurate and up-to-date. However the matters covered are subject to regular review and no warranty or representation can be provided regarding the accuracy of such information. The Marlborough Chamber of Commerce does not accept liability for any losses or damage arising directly or indirectly from reliance on the information.

Copyright © Marlborough Chamber of Commerce 2017.