Measures Governing the Direct Return of Imported Cargoes by the Customs of the People's Republic of China, reviewed and adopted at the working meeting of the Customs General Administration on 21 December 2006, is now promulgated and shall enter into force as of April 1 2007.
Decree No. 156 of the Customs General Administration
February 2 2007
Article 1. This set of measures is formulated in line with the provisions of the Customs Law of the People's Republic of China and other related laws and administrative regulations with a view to strengthening the administration over the direct return of imported cargoes, and protect the lawful rights of citizens, legal persons or other organisations.
Article 2. After the cargoes have entered into the country but before the customs clearing formalities have been done, and the consignee and consignor of the imported cargoes, and persons responsible for the original vehicles of transportation of their agents (hereinafter referred to as "parties concerned") apply to have all or part of the cargoes directly returned out of the border, or the customs has in line with the related regulations of the State requested to have the cargoes directly returned, this set of measures shall apply.
This set of measures shall not apply to cases whereby the parties concerned apply to handle the return procedures after the imported transit cargoes have been cleared and granted access by the customs authorities at the port of entrance.
Article 3. The direct return of imported cargoes shall be decided by the customs directly under the Customs General Administration or subordinate customs authorised by the Customs General Administration.
Article 4. In cases where cargoes have been granted access into the country but not yet finished customs clearance procedures, the parties concerned may apply directly to the customs for the handling of direct return of the cargoes, in any of the following circumstances:
1. the consignee is not able to provide related documentation due to adjustments made to the country's trade policy,
2. in the case of mistaken delivery, unloading or excessive loading of cargoes, and the written testifying documents from the consignor or carriers can be provided,
3. the consignor and consignee have mutually agreed for the return through consultation and the written testifying documentation to that effect being provided,
4. in the case of trade disputes and the ruling made by court, arbitration decision made by arbitration bodies or valid proof of the ownership of the cargoes to which no dispute arises are provided,
5. in cases where the cargoes are damaged or fail the national inspection or quarantine, able to provide the related documentation for the inspection issued by the national inspection and quarantine agencies upon the application of the consignee.
Article 5. When applying for the direct return of imported cargoes, the parties concerned shall submit such applications in writing, after the vehicle transporting the batch of cargoes has declared for entry, but before the customs has granted access to the cargo, to the local customs where the cargoes are placed.
Article 6. In cases where the parties concerned apply to the customs for direct return, they shall provide application for direct return of imported cargoes as requested by the customs, contract, invoice, and bill of loading that testify the actual importation, original customs declaration bill of the cargoes that have declared to the customs for entry, bill of lading, related documentation for the loading of cargoes, related testifying documentation conforming to the terms and conditions of the application, and other documents requested by the customs.
Article 7. The customs shall handle the applications filed by parties concerned for the direct return of imported cargoes differently in view of the following different circumstances:
1. a decision of not accepting the application will be made in cases where the parties concerned do not possess application qualifications for the direct return of imported cargoes,
2. in cases where the application materials are not complete or do not conform to the legitimate format, the parties concerned shall be notified once and for all to supplement the missing items within 5 days upon the receipt of the application materials. Failure to notify the parties concerned will be deemed as the application having been accepted.
3. in cases where the application materials contain errors, such as wording, technical or stapling ones, that allow for on-the-spot correction, the parties concerned shall be allowed to make such rectification on-the-spot, and confirm such changes by signing or stamping,
4. in cases where the application materials are complete and conform to the legitimate format, or the parties concerned have provided all missing items upon the request of the customs, the customs shall accept the application for direct return of imported cargoes.
In cases where notification has been made in line with item 2 of the previous paragraph as well as a decision of accepting or rejecting the application for the direct return of imported cargoes has been made, the customs shall prepare a Letter of Notice of the Customs of the People's Republic of China for the Application for Direct Return of Imported Cargoes, a Letter of Decision of the Customs of the People's Republic of China for Accepting the Application for Direct Return of Imported Cargoes, and a Letter of Rejection of the Customs of the People's Republic of China for Direct Return of Cargoes accordingly, and stamp with the special seal for administrative licensing of the customs, with dates specified.
Article 8. Except situations whereby the decision of direct return is made on-the-spot, the customs directly under the Customs General Administration shall, within 20 days upon the acceptance of the application for direct return, make a decision. For those that will be returned directly after examination, the parties concerned shall be provided with a Letter of Decision by the Customs of the People's Republic of China Permitting the Direct Return of Imported Cargoes (hereinafter referred to as "Letter of Decision for Allowing Direct Return"). For those that are not allowed to be returned directly upon examination, the parties concerned will be provided with a Letter of Decision by the Customs of the People's Republic of China Prohibiting the Direct Return of Imported Cargoes.
In cases where a decision can not be made within 20 days, an extension of 10 days may be allowed, subject to the approval by the person responsible for the customs directly under the Customs General Administration, and a Letter of Notice of the Customs of the People's Republic of China for the Extension of the Examination Period for Direct Return will be prepared. The reasons for extension shall also be communicated to the parties concerned.
Article 9. Before the parties concerned have applied for direct return, the customs will not accept the application for direct return once they have decided to inspect the cargoes imported or suspect it of being involved in smuggling. The customs shall handle the cargoes in line with related regulations after the inspection or cases have been completed.
Article 10. In cases where this set of measures does not specify clearly the procedures governing the direct return of imported cargoes, the related provisions of the Measures Implemented by the Customs of the People's Republic of China to implement the Law of administrative Licensing of the People's Republic of China shall be followed.
Article 11. After the entry of cargoes but before the Customs grant access, the cargoes imported will be returned under any of the following circumstances, and the customs shall request the parties concerned to directly return the imported cargoes out of border:
1. importing cargoes prohibited by the State and having been handled by the customs according to law,
2. violating the laws and regulations of the State on inspection and quarantine, and having been handled by the State inspection and quarantine authorities and a letter of notice for inspection and quarantine disposal or other testifying documents have been issued,
3. importing solid waste whose importation is restricted to be used for raw materials without prior approval, and having been handled by the customs according to law,
4. other circumstances that warrant direct return as a result of violation of the related laws and administrative regulations of the State.
Article 12. For imported cargoes that are requested to be returned directly, the customs shall, in line with the testifying documents issued by the related governmental authorities, prepare and issue to the parties concerned a Letter of Notice of the Customs of the People's Republic of China Ordering the Direct Return of Imported Cargoes (hereinafter referred to as "letter of notice for ordering direct return").
Article 13. The parties concerned shall, upon receiving the letter of decision permitting direct return or letter of notice for ordering direct return, declare to the customs as requested for the formalities related to the direct return of imported cargoes.
Article 14. When handling the declaring formalities for the direct return of imported cargoes, the parties concerned shall, unless otherwise specified, fill in first the export declaration bill to declare to the customs, then the import declaration bill, and specify the number of the export declaration bill in the column of "associated customs declaration bill" on the import declaration bill.
Article 15. In the case of direct return of imported cargoes, the customs declaration bill for imported and exported cargoes shall be filled in according to the Standards of the Customs of the People's Republic of China for Filling in the Customs Declaration Bill of Imported and Exported Cargoes, conforming to the following requirements:
1. number of letter of decision permitting direct return or letter of notice for ordering direct return being specified under the Remark Column,
2. filling in the Direct Return (code 4500) under the Column of Method of Monitoring.
Article 16. Cargoes that are approved by the customs or that are ordered for direct return are exempted from undergoing inspection on the strength of importation and exportation licenses or other monitoring certificates, and are exempted from paying various duties or fine, and are not included in customs statistics.
Article 17. In the case of direct return as approved by the customs after the cargoes have been declared for entry, the customs shall write off the original importation customs declaration bill or data of transit bills, before handling the declaration formalities for the direct return of imported cargoes.
Article 18. In cases where the responsibilities of the consignee or consignor or carrier of imported cargoes result in the mistaken delivery, unloading or excessive loading of cargoes, upon the approval by the customs or in the case of direct return being requested, the parties concerned are exempted from filling in a customs declaration bill, and may, on the strength of the letter of decision permitting direct return or letter of notice for ordering direct return, go to the customs to handle the formalities related to direct return.
Article 19. The direct return of imported cargoes shall be returned from the original import port. In cases where the method of transportation needs to be changed or return will be made from another port due to transportation reasons, the cargoes can be transported out by means of transit, subject to the approval by the customs authority at the original place of importation.
Article 20. The related provisions of this set of measures shall serve as reference for the direct return of imported cargoes in bonded zones, export processing zones, other areas under the special monitoring of the customs authorities, and places under bonded regulation.
Article 21. Violation of this set of measures that constitutes smuggling or violation of the customs monitoring regulations shall be subject to punishments as imposed by the customs in line with the provisions of the Customs Law of the People's Republic of China and the Regulations of the Customs of the People's Republic of China on Administrative Punishments. In cases where crimes have been constituted, the criminal liabilities shall be investigated.
Article 22. The Customs General Administration is entitled to the interpretation right of this set of measures.
Article 23. This set of measures shall enter into force as of April 1 2007. |
