BIZCHINA / Customs
Customs Law of the People's Repulbic of China (1987)
Updated: 2006-04-20 09:39
Article 9. An inward means of transport which has entered the territory   
but has not made its declaration to the Customs or an outward means of    
transport which has cleared the Customs but has not left the territory    
shall move along routes specified by competent communications    
authorities; in the absence of such specification, the routes shall be    
designated by the Customs. 
Article 10. The Customs shall be notified in advance, either by the   
person in charge of a means of transport or by the relevant transport and    
communications department, of such details as when an inward or outward    
vessel, train or aircraft will arrive and depart, where it will stay,    
what places it will move to during its stay, and when the loading or    
unloading of the goods and articles will take place. 
Article 11. The inward or outward goods and articles being loaded on or   
unloaded from a means of transport and the inward and outward passengers    
boarding or getting off a means of transport shall be subject to customs    
control. 
Upon the completion of such loading or unloading, the person in charge of   
the means of transport shall submit to the Customs documents and records    
which reflect the actual situation of the loading and unloading. 
Those boarding or getting off an inward or outward means of transport who   
carry articles with them shall truthfully declare to the Customs and    
shall be subject to customs examination. 
Article 12. When an inward or outward means of transport is being checked   
by the Customs, the person in charge of the means of transport shall be    
present and open the holds, cabins, rooms or doors of the vehicles at the    
request of the Customs; where smuggling is suspected, such person shall    
also open or dismantle the part of the means of transport which may    
conceal smuggled goods and articles or remove the goods and materials. 
In accordance with work requirements, the Customs may dispatch officers   
to perform duties on board the means of transport. The person in charge    
of the means of transport shall provide them with conveniences. 
Article 13. An inward means of transport of countries or regions outside   
the territory or an outward means of transport of units or enterprises    
inside the territory shall not be transferred or devoted to other uses    
prior to the completion of customs formalities and payment of customs    
duties. 
Article 14. Where inward or outward vessels and aircraft are concurrently   
engaged in transportation of goods and passengers within the territory,    
customs approval shall be obtained and requirements for customs control    
shall be fulfilled. 
Customs formalities shall be completed with the Customs for an inward or   
outward means of transport to change to transport business within the    
territory. 
Article 15. Coastal transport vessels, fishing boats and ships engaged in   
special operations at sea may not carry, obtain on an exchange basis,    
purchase or transfer inward and outward goods and articles without    
customs approval. 
Article 16. When, owing to force majeure, an inward or outward vessel or   
aircraft is forced to berth, land or jettison and discharge goods and    
articles at a place without a customs establishment, the person in charge    
of the means of transport shall report immediately to the customs    
establishment nearby. 
CHAPTER III INWARD AND OUTWARD GOODS
Article 17. All import goods, throughout the period from the time of   
arrival in the territory to the time of customs clearance; all export    
goods, throughout the period from the time of declaration to the time of    
departure from the territory; and all transit, transshipment and through    
goods, throughout the period from the time of arrival in the territory to    
the time of departure from the territory, shall be subject to customs    
control. 
Article 18. The consignee for import goods and the consignor for export   
goods shall make an accurate declaration and submit the import or export    
license and relevant papers to the Customs for examination. In the    
absence of an import or export license, goods whose importation or    
exportation is restricted by the state shall not be released. Specific    
measures for handling such matters shall be enacted by the State Council. 
Declaration of import goods shall be made to the Customs by the consignee   
within 14 days of the declaration of the arrival of the means of    
transport; declaration of export goods shall be made by the consignor 24    
hours prior to loading unless otherwise specially approved by the Customs. 
Where the consignee fails to declare the import goods within the time   
limit prescribed in the preceding paragraph, a fee for delayed    
declaration shall be imposed by the Customs. 
Article 19. All import and export goods shall be subject to customs   
examination. While the examination is being carried out, the consignee    
for the import goods or the consignor for the export goods shall be    
present and be responsible for moving the goods and opening and restoring    
the package. The Customs shall be entitled to examine or re-examine the    
goods or take samples from them without the presence of the consignee or    
the consignor whenever it considers this necessary. Import and export    
goods may be exempted from examination if an application has been made by    
the consignee or consignor and approved by the General Customs    
Administration. 
Article 20. Unless specially approved by the Customs, import and export   
goods shall be released upon customs endorsement only after the payment    
of duties or the provision of a guarantee. 
Article 21. Where the consignee fails to declare the import goods to the   
Customs within three months of the declaration of the arrival of the    
means of transport, the goods shall be taken over and sold off by the    
Customs. After the costs of transport, loading and unloading and storage    
and the duties and taxes are deducted from the money obtained from the    
sale, the remaining sum, if any, shall be returned to the consignee    
provided he submits an application to the Customs within one year of the    
sale of the goods; if nobody applies within the time limit, the money    
shall be turned over to the State Treasury. 
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