Public Notice by the Bureau of Foreign Trade, MOEA
Issuing date: May 7, 2015
Doc. No.: Mao-Fu Zi 1040151308
Attachment: Format of the affidavit
Subject: Starting from May 25, 2015, the provisions of the standards on substantial transformation and the application for Certificate of Origin (C/O) pertaining to the solar products exported to the EU and the U.S.
Legal basis: Paragraph 1 of Article 5 and Subparagraph 3 of Article 17 of the Regulations Governing Certificates of Origin and Certificates of Processing (hereafter referred to as “the Regulations”).
1. According to Paragraph 1 of Article 5 of the Regulations, the Bureau of Foreign Trade (hereafter referred to as “the BOFT”) may set other standards on “substantial transformation” of export products originating from the ROC under Subparagraph 2, Paragraph 1 of Article 3 of the Regulations, in order to meet the regulatory requirements of an importing country.
In order to meet the regulatory requirements of the EU and the US, the following standards on “substantial transformation” are now applied to exported solar cells (CCC 8541.40.30.00-6) and solar modules (CCC 8541.40.40.00-4):
(1) Solar cells: The origin country of solar cells is where wafers are transformed into cells.
(2) Solar modules: The origin country of solar modules depends on the origin country of the solar cells.
2. To apply for Certificates of Origin for the above-mentioned products being exported to the EU or the US, the applicants must comply with Article 17 of the Regulations. According to Subparagraph 3 of Article 17, the applicant must submit the following documents:
(1) The copy of the solar cell manufacturing factory or temporary factory registration: The factory's industry category shall be “manufacturing of electronic components” and the factory’s major products shall be listed as “photovoltaic materials and components.”
(2) The affidavit for the Certificates of Origin for solar products made in Taiwan and exported to the EU and the US: The affidavit must be signed by the applicant and the solar cell manufacturer. The format of the affidavit is attached herewith.
(3) If the applicant cannot submit the above documents, he must submit factory-related and production documents to the BOFT for consideration as a special case. The BOFT may consult with the Industrial Development Bureau, MOEA, about the application, if necessary.The previous announcement, made on May 29, 2014, about issuing Certificates of Origin for solar panels and solar modules exported to the EU or the US is no longer applicable. Starting from May 25, 2015, issuance of Certificates of Origin for these products shall comply with the rules of this notice.