Wednesday, December 19, 2007

Chinesepod - Customs Law of the People's Repulbic of China (1987)

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.

Page: 1 2 3 4 5 6 7

(For more biz stories, please visit Industry Updates)

Most Popular Stories in 48 Hours

� Foreign firms look to hotel sector

� Steelmakers to reject 19% iron ore hike

� Talks start over gov't contracts

� Boeing expects B747-8 success in Asia

� Money supply growth still climbing

Today's Top News 

� 21 killed, 1mln evacuated as typhoon hits S.China

� FM brands spying claims 'fictitious'

� US gov't limits Chinese computers use

� Chairman Mao portrait up for auction

� Pay rises by 16% for State sector workers

Top Biz News 

� China bans import, export of endangered species

� China Mobile in talks with Google to add Web services

� UK offers aid to improve life in poorest areas

� Nation's first A380 pilot to receive training

� Export of fishery workers to Taiwan resumed

Alibaba is the largest B2B marketplace in the world. Source model ship,
wooden puzzle, one-piece toilet, RC hovercraft, photo album, prom dress,
pocket bike, Vaginal Speculum, Samurai Sword, String Panty and PVC Pipe.

Chinesepod