In accordance with the requirements of the Mainland of China and the signatory countries/regions, Hong Kong Customs issues the "Certificate of Non-manipulation" to the applicant for transhipment cargoes under the following transhipment mode:

• transhipment cargoes from the signatory countries/regions to the Mainland of China via Hong Kong;
• transhipment cargoes from the Mainland of China to Taiwan via Hong Kong;
• transhipment cargoes from the Mainland of China to Korea via Hong Kong; and
• transhipment cargoes from the Mainland of China to Singapore via Hong Kong.

For details, please refer to the briefing notes of the FTA Scheme.

Under the free trade agreements (FTA) and preferential trade agreements signed by the Mainland of China, Hong Kong Customs will issue "Certificate of Non-manipulation" for transhipment cargoes via Hong Kong to the Mainland of China and other places (currently including Taiwan, Korea and Singapore). The relevant FTA signatory countries/region include Taiwan, Korea, Australia, Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam, Pakistan, Iceland, Switzerland, Chile, Costa Rica, Peru, New Zealand, Bangladesh, India, Sri Lanka, Mongolia, Georgia, Japan, Mauritius, Nicaragua and beneficiary countries under the Special Preferential Tariff Treatment to the Least Developed Countries (LDCs) ^[Note].

[Note : The beneficiary countries under the Special Preferential Tariff Treatment to the LDCs include Afghanistan, Angola, Bangladesh, Benin, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda , Sao Tome and Principe, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Togo, Uganda, Vanuatu, Yemen and Zambia.]

Cargoes from non-FTA signatory countries/region are not entitled to the preferential tariff and no "Certificate of Non-manipulation" is thus required.

Under the ECFA and 18 free trade agreements (FTA) and preferential trade agreements signed by the Mainland of China, upon request by the signatory countries/regions, Hong Kong Customs will provide supervision service and issue "Certificate of Non-manipulation" for transhipment cargoes. Currently, the Mainland of China and three other places (currently including Taiwan, Korea and Singapore) have designated Hong Kong Customs to operate the FTA Scheme.

Enterprises and importers have to retain the relevant transhipment documents showing that the cargoes are not required to apply for "Certificate of Non-manipulation". Such document includes, single through bill of lading, storage record during transhipment and relevant cargo records. Traders have to provide the importing signatory countries/regions with the related documents supporting their eligibility for preferential tariff.

Under the FTA Scheme, non-containerized cargo is defined as bulk cargo.

According to the Mainland Customs, a single through bill of lading issued by international liner transportation operators and their trusted agents, civil aviation transportation enterprises and international express enterprises for transhipment cargoes arriving Hong Kong via air/sea freight should display on the same page the departure point, which is within the boundary of the origin country/ region, and the destination point which is within the boundary of the Mainland of China. For sea freight in which the origin country/ region being an inland, the departure point could be the port of loading of sea cargo.

Enterprises and importers have to retain the relevant transhipment documents showing that the cargoes are not required to apply for a "Certificate of Non-manipulation". Such documents include, single through bill of lading, storage record during transhipment and relevant cargo records. Traders have to provide the importing signatory countries/regions with the related documents supporting their eligibility for preferential tariff. Cargoes meeting the necessary transhipment requirements will enjoy the preferential tariff without applying for the Certificate, thus saving cost and transportation time.

The recognized locations and temporary storage period are stipulated by the Korea Customs Service. If the cargo is stored at a place other than the recognized locations or the temporary storage period lasts for more than 7 days, the trader or importer is required to make an application to Hong Kong Customs for a "Certificate of Non-manipulation".

Under the ECFA, all transhipment cargoes are required to apply for a "Certificate of Non-manipulation" from Hong Kong Customs. Under the new FTA Scheme, transhipment cargo from Taiwan en route Hong Kong is no longer required to apply for a "Certificate of Non-manipulation" if they can fulfil one of the following conditions:

1. Can produce a single through bill of lading (i.e. Showing on a single page bill of lading that the place of receipt is the place of origin of the imported cargo and the place of delivery is the Mainland of China; and if the place of origin of maritime cargo is an inland country/ region, the place of receipt of the cargo can be the port of receipt; or
2. If a single through bill of lading cannot be produced, a set of through bill of lading will be accepted if it can prove the number of container and the seal number remain unchanged. Under the new FTA Scheme, the industry can be benefited from a lower operating cost and a shorter transportation time.

The maximum period of stay for the transhipment cargo in the third place may vary, depending on the conditions agreed between the Mainland of China and the signatory counties/regions under respective FTAs. For example, the maximum transhipment period is 3 months under the China-Korea Free Trade Agreement, and it is 12 months under the China-Australia Free Trade Agreement.

Under the FTA Scheme, generally, applicants should submit the application at least one calendar day prior to the arrival of the consignments. For enquiries, please contact Hong Kong Customs.

Documents required are almost the same for both arrangements. Yet, it depends on different requirements of the signatory countries/regions and also the extent of supervision services provided by Hong Kong Customs.

Any person being authorized by the cargo owner holding a valid Hong Kong Business Registration Certificate can apply for the service of the FTA Scheme.

The relevant information are listed in details in Parts V – VII of the Briefing Notes.(Free Trade Agreement Transhipment Facilitation Scheme (FTA Scheme) Briefing Notes)

Application generally should be submitted to C&ED at least one calendar day before the arrival of the consignment by submitting the electronic application and providing the supporting documents required through the Trade Single Window (TSW).

The applicant is required to provide the following supporting documents to Hong Kong Customs when applying for the "Certificate of Non-manipulation": -

1. The through bills of lading of the cargo concerned;
2. Certificate of Origin of the cargo concerned;
3. Packing list (only applicable to bulk cargo or cargo that needs to be consolidated (vanning/devanning));
4. Authorization Letter of the cargo owner (if applicable);
5. A complete storage record of the cargo during their transhipment stay in Hong Kong (only applicable for cargo heading for Korea); and
6. Other relevant supporting document (if applicable).

Before issuing the "Certificate of Non-manipulation", Hong Kong Customs has scrutinized all documents including the Certificate of Origin. Therefore, no endorsement will be made on the original copy of the Certificate of Origin.

Applicant can submit document copies for the FTA Scheme. Under normal circumstances, Hong Kong Customs accepts applications with related documents through email. Original document will be required for verification upon request only.

Hong Kong Customs has set up dedicated email accounts for the FTA Scheme to facilitate traders in submitting applications, with the details as follows:

For transhipment cargoes via HK to the Mainland of China -
fta_china_application@customs.gov.hk

For transhipment cargoes via HK to other places -
fta_others_application@customs.gov.hk

Under the principle of trade facilitation, an applicant can submit the application form first and provide the supporting documents (e.g. through bill of lading of the last leg) later on. Yet, Hong Kong Customs can only complete the procedures and issue a "Certificate of Non-manipulation" after all supporting documents are submitted.

The related arrangements are taken forward in accordance with the requirements made by the FTA signatory countries.

Hong Kong Customs launches the FTA Scheme with an aim to facilitating traders in applying for the preferential tariff under respective FTAs. Cargo under the FTA Scheme is treated the same as other general cargoes. Hong Kong Customs adopts intelligence-led and risk management on cargo selection for examination. This also applies to the cargoes under the FTA Scheme.

Hong Kong Customs adopts risk management on cargo selection for examination. The examination on cargo under the FTA Scheme is the same as other general cargoes. The cargo under the FTA Scheme will not be exempted from inspection by the Mainland Customs even if it has been examined by Hong Kong Customs.

Hong Kong Customs may select the transhipment cargo under the FTA Scheme for examination even a "Certificate of Non-manipulation" is not required initially. Upon receiving request from the concerned trader, Hong Kong Customs will verify the case and issue a covering "Certificate of Non-manipulation".

According to the Mainland Customs Notice (No. 52 of 2016) promulgated by the Mainland Customs on 20 September 2016, all transhipment cargoes (including containerized and bulk cargo) heading for the Mainland of China and requiring inspection and quarantine in Hong Kong only require a "Certificate of Non-manipulation" issued by the CIC for applying for preferential tariff from the Mainland Customs.

Apart from the transhipment bulk cargoes bearing a single through bill of lading or transhipment cargoes required to undergo inspection/quarantine by the CIC in Hong Kong, all other bulk transshipment cargoes that wish to enjoy preferential tariff have to apply for the "Certificate of Non-manipulation" from Hong Kong Customs.

During cargo consolidation, Hong Kong Customs will provide supervision service and traders in general facilitate the process with the following: -

1. By enclosing the cargo with net, of which the opening will be sealed by Hong Kong Customs; and
2. By moving the cargo directly from an importing container to an exporting container, the door of which a Customs Seal will be applied by Hong Kong Customs.

The following photos show the samples of the cargoes processed and affixed with Customs seals by Hong Kong Customs for reference purpose. Subject to a variety of situations, Hong Kong Customs will determine the packing requirement according to the cargo nature at scene.

Each bill of lading is regarded as one application and the fee is charged on that basis.

The FTA Scheme adopts user-pay principle for different services provided. Applicant is required to pay $170 for the documentary processing upon their submission of application. An additional fee ranging from $675 to $1,600 will be applied for the consignments involving vanning/ devanning or repacking.

Hong Kong Customs has launched a series of promotion activities for the FTA Scheme targeting both the local and overseas traders, freight companies and trade associations. The activities include consultation with business sectors and customer liaison groups, large-scale briefing session, press release, government notice, announcement on the internet website, as well as the publicity and lobbying by the local and overseas Economic and Trade Offices.