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CERTIFICATE OF ORIGIN INDICATING A QUANTITY GREATER THAN THAT STATED IN THE CREDIT

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QUESTION

Dear Mr. Old Man,

I have a question regarding C/O presentation. I would greatly appreciate if you could help me to clarify.

A credit subject to UCP 600 asked for presentation of “One original and 2 copies of certificate of origin evidencing China origin” for sales of 10,000 MT steel goods from Hong Kong to Dubai. A certificate of origin issued by a Chamber of Commerce in China covering 30,000 MT of steel goods was presented, showing shipment from Hong Kong to Dubai.

The issuing bank regarded the certificate of origin discrepant because: Q1 It covers 30,000 MT instead of 10,000 MT of steel goods. Q2 The issuing date of the certificate of origin is two months before the credit issuing date.

Is the discrepancy valid ?

Many thanks,
HL
———

ANSWER

Hi,

Not 100% sure but I think the C/O that indicates a quantity greater than that stated in the LC is acceptable provided that it appears to relate to the invoiced goods by indicating the invoice number and date and that the origin can be identified.

According to sub-article 14(i) UCP 600, a document may be dated prior to the issuance date of the LC, but must not be dated later than its date of presentation.

Best regards,
Mr. Old Man
P/s: The answered was revised based on the opinion of Kim Sindberg – Trade Finance Consultant, Sindberg Consult, Denmark and member of ISBP Drafting Group

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5 Comments

  1. anonymous

    September 17, 2013 at 8:09 pm

    HoangLong writes:Hi,Cám ơn anh Mr. Old Man rất nhiều. Đây là một phần trong bt assignment của bọn em, sinh viên Ngoại Thương. Em rất cần đoạn Q6 ISBP 745, nhưng hiện tại em không thể nào kiếm nổi một bản ISBP 745. Nếu anh không phiền, anh có thể dẫn chiếu nguyên đoạn này cho em được không. Em thực sự rất cám ơn anh. HL

    Reply

  2. mroldmanvcb

    September 17, 2013 at 9:09 pm

    I'll check Q6 applies to C/O. If not I'll withdraw my answer.

    Reply

  3. mroldmanvcb

    September 17, 2013 at 9:09 pm

    OK. Herebelow is Q6:Q6) A certificate may indicate: a. that only a sample of the required goods has been tested, analyzed or inspected; b. a quantity that is greater than that stated in the credit or on any other stipulated document; or c. more hold, compartment or tank numbers than that stated on the bill of lading or charter party bill of lading.

    Reply

  4. anonymous

    September 18, 2013 at 4:09 pm

    HoangLong writes:If we just use the former one ISBP 681, we can clarify the discrepacy here ?

    Reply

  5. mroldmanvcb

    September 18, 2013 at 6:09 pm

    ISBP 745 has replaced ISBP 681. What's more. ISBP 681 does not deal with your case. I want ICC to agree with me that such a C/O should be acceptable if the C/O indicates two or more invoices including the related invoice as as far as I know, Customs in some countries accept C/O that indicates two or more invoices for one single shipment. However, I'm afraid my view is not acceptable.

    Reply

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