Customs General Administration
Order 157
Provisional Measures of the Customs of the People's Republic of China on Entering and Exiting Cargoes, reviewed and adopted at the Administration's Meeting on February 14 2007, is now promulgated and shall enter into force as of 1 May 2007. The Measures of the Customs of the People's Republic of China Governing the Monitoring of Items Exported for Display released on September 20 1976, Measures of the Customs of the People's Republic of China on Monitoring the Temporarily Imported Cargoes released by the customs general administration on September 3 1986, Order No. 59 of the customs general administration on Measures of the Customs of the People's Republic of China on Monitoring Imported Items for Display released on February 14 1997, as well as the Measures of the Customs of the People's Republic of China on Monitoring the Temporary Importation and Exportation of Cargoes on the Strength of Importation Certificates released by the customs general administration in the form of order 93 on December 24 2001 are
abolished at the same time.
Commissioner: Mu Xingsheng
March 1 2007
Chapter I - General Provisions
Article 1. This set of measures is formulated in line with the provisions of the Customs Law of the People's Republic of China (hereinafter referred to as the "customs law " and other related laws or administrative regulations to improve the customs' monitoring over temporally allowed entry and exit cargoes.
Article 2. This set of measures is applicable to cargoes that are allowed to enter or exit the border, and re-exit or enter the borders within a specified period of time, upon approval by the customs.
Article 3. Cargoes allowed temporary entry or exit mentioned in this set of measures include:
1. cargoes on display or to be used in exhibitions, trade fairs, meetings or similar activities,
2. articles to be used in performances and competitions for cultural and sports exchanges and activities,
3. devices, equipment and articles to be used for news reports or shooting movies or TV programmes,
4. instruments, equipment and articles to be used to conduct scientific research, education, and medical activities,
5. transportation vehicles and special type vehicles used in activities mentioned in items 1 to 4 of this paragraph,
6. samples,
7. instruments, equipment and articles to be used in charity activities,
8. instruments and tools used for the installation, testing, inspection and repairing of equipment,
9. containers for holding cargoes,
10. self-driven transportation vehicles and related articles for travel and tourism,
11. equipment, instruments and articles used in engineering and construction,
12. other cargoes that are allowed temporary entry and exit by the customs.
Cargoes that are allowed temporary access on the strength of the Temporary Importation Certificate (hereinafter referred to as "ATA certificate " are only those that have been specified in international agreements that allow the temporary importation of related cargoes to which China is a signatory.
Article 4. Cargoes allowed temporary entry and exit are exempted from producing licensing documents unless otherwise specified in international conventions and agreements to which China is a signatory or participates, or in national laws, administrative regulations and rules of the customs general administration.
Article 5. Cargoes that are allowed temporary entry or exit shall be re-exported or imported in their original status except under circumstances where depreciation or losses are caused by normal uses.
Article 6. The applications for the temporary entry or exit of cargoes shall be verified by the customs directly under the customs general administration or customs authorised by those that are directly under the customs general administration.
Article 7. Cargoes allowed for temporary entry or exit shall be re-exported or imported within 6 months, starting from the day of entry or exit.
In cases where the period needs to be extended, holders of ATA certificates or the consignors or consignees of cargoes allowed temporary entry or exit under non ATA certificates shall submit an extension application to the competent customs authorities, and may be allowed extension upon the approval by the customs directly under the custom general administration. The maximum number of extension is 3 and each extension shall not be longer than 6 months. The cargoes shall be re-exported or imported or the import and export formalities shall be handled upon the expiry of the extension period.
For cargoes allowed for temporary entry or exit to be used by key projects of the country or scientific and research projects of the country as well as articles of exhibition to be displayed on shows that are longer than 24 months, the competent customs authorities directly under the customs general administration shall submit an application to the customs general administration for examination and approval, in cases where extraordinary extension is needed after a period of 18-month extension has been granted.
Article 8. For cargoes allowed temporary exit under ATA certificates, the Chinese International Chamber of Commerce shall provide general guarantee to the customs general administration.
Unless otherwise specified, consignors or consignees of cargoes allowed temporary entry or exit under non ATA certificates shall as requested by the customs, submit to the competent customs authorities deposits equivalent to the value of duties or other guarantee recognised by the customs according to law.
In cases where exhibitions are hosted in places designated by the customs or if the customs have people onsite to monitor, the articles for display at the exhibitions may be exempted from paying guarantee to the customs upon the approval by the customs directly under the customs general administration.
Article 9. In cases where cargoes allowed temporary entry or exit can not be re-exported or imported in the original status due to damages caused by force majeure, holders of ATA certificates or consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates shall report to the competent customs in a timely manner, and may handle the formalities related to the re-export or import on the strength of the testifying documents issued by the related authorities. In cases where force majeure has caused the cargoes to be lost entirely or lose value of use, the cargoes may be deemed as having been re-exported or imported upon the verification by the customs.
In cases where cargoes allowed temporary entry or exit are lost or damaged due to reasons other than force majeure, ATA certificate holders or consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates shall handle the customs formalities according to the related regulations on the importation and exportation of cargoes.
Article 10. For cargoes allowed temporary entry or exit that should be re-exported or imported from a place other than the entry point, the ATA certificate holders or consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates shall handle customs formalities with the customs authorities at the place of re-exportation or re-importation on the strength of the customs documents issued by the competent customs authorities. Upon the completion of the re-exportation or re-importation, the competent customs authorities shall handle the formalities related to the cancellation and closure of the cases on the strength of the customs documents signed by the customs at the place of re-exportation or re-importation.
Article 11. Unless otherwise specified in this set of measures, the customs shall handle the administrative licensing related issues regarding the temporary entry or exit of cargoes according to the procedures and timeframe as specified in the Administrative Licensing Law of the People's Republic of China, and the Measures to the Customs of the People's Republic of China to Implement the Administrative Licensing Law of the People's Republic of China.
Chapter II - Verification of Cargoes Allowed Temporary Import and Export
Article 12. Application for temporary entry or exit of cargoes shall be submitted to the competent customs authorities.
Holders of ATA certificates shall submit the original of the genuine and valid ATA certificates, accurate list of cargoes and other related commercial bills or proof when they submit applications to the customs for temporary entry or exit of cargoes.
Consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates shall, when submitting applications to the customs for temporary entry or exit of cargoes, submit upon the request of the customs, the application for temporary entry or exit of the cargoes, list of cargoes applying for temporary entry or exit, invoices, contracts or agreements, and other related documents.
Article 13. In cases where the customs approves the application for temporary entry or exit of cargoes under the ATA certificates, it shall remark on the ATA certificates. Otherwise, it shall not do so.
In cases where the customs makes a decision of whether or not to approve the application for temporary entry or exit of cargoes not under ATA certificates, it shall print the letter of decision of the customs of the People's Republic of China on approving the application for temporary entry or exit of cargoes or letter of decision of the customs of the People's Republic of China on not approving the application for temporary entry or exit of cargoes.
Article 14. When cargoes allowed temporary entry or exit apply for extension of the period for re-exportation or re-importation, ATA certificate holders or consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates shall submit applications to the customs authorities at the place where the application for temporary entry or exit has been approved for extension 30 days before the expiry of the specified time frame, and submit the letter of application for extension of temporary entry or exit of cargoes and related application materials.
In cases where the customs directly under the customs general administration accepts the extension application, it shall print the letter of decision of the customs of the People's Republic of China on approving the application for extension of the temporary entry or exit of cargoes or letter of decision of the customs of the People's Republic of China on not approving the application for extension of the temporary entry or exit of cargoes within 20 days upon accepting the application.
In cases where the customs that are not directly under the customs general administration accept the extension application, they shall conduct comprehensive review over the application according to the legitimate terms and procedures within 10 days upon accepting the application, and submit their review views and the complete set of application documents to the customs directly under the customs general administration in a timely manner, which shall make a decision and prepare the corresponding letter of decision within 10 days upon receiving the review views.
In the case of circumstances specified in item 3 of article 7 of this set of measures, the ATA certificate holders or consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates shall submit applications to the competent customs directly under the customs general administration, which shall conduct comprehensive review over the application for extension according to the legitimate terms and procedures within 10 days upon accepting the application, and submit their review views and the complete set of application documents to the customs general administration in a timely manner, which shall make a decision within 10 days upon receiving the review views.
Chapter III - Monitoring of Temporary Entry and Exit Cargoes
Article 15. Declaring for cargoes allowed temporary entry or exit under ATA, the ATA certificate holders shall submit to the customs valid ATA certificates.
Declaring for cargoes allowed for temporary entry or exit not under ATA certificates, the consignors or consignees shall fill in the customs declaration bill for import and export, submit to the customs the list of cargoes, the letter of decision of the customs of the People's Republic of China on approving the application for the temporary entry or exit of cargoes, and other related documents.
Article 16. Organisers of domestic exhibitions or organisers or participants for overseas exhibitions (hereinafter referred to as "organisers and participants " shall, 20 days before the entry or exit of articles of display, handle with the competent customs authorities record filing formalities on the strength of the proof of record filing issued by related authorities, or testifying documents, list of articles for display, and related documents.
In cases where exhibitions are not projects that have been granted administrative licenses, the organisers and participants shall submit to the competent customs invitation letters, letter of confirmation of exhibition booths and other testifying documents issued by the exhibitions as well as list of articles for display, and handle formalities related to record filing.
Article 17. In cases where an exhibition needs to be held in two or more customs areas within China, the entering articles for display shall go through the formalities of transfer of customs areas according to the regulations governing monitoring of transfer of customs areas. The customs at the final place of display shall be responsible for the cancellation upon verification of the entering display articles, and the exit customs authorities shall be responsible for handling the re-exportation formalities.
Article 18. In cases where an exhibition needs to be extended, the organisers and participants shall before the expiry of the duration of the exhibition handle the related formalities with the customs authorities at the place of record filing on the strength of the approval document for extension issued by the original approval agency.
In cases where exhibitions are not projects that have been granted administrative licenses, the organisers and participants shall go to the customs authorities at the place of record filing with related testifying documents before the expiry of the exhibition period to handle the related formalities.
Article 19. The organisers and participants shall, within 30 days upon the completion of the customs formalities for the entry and exit articles on display, apply to the customs at the place of record filing for winding up the exhibition formalities.
Article 20. For the following articles consumed or distributed during exhibitions held inside China (hereinafter referred to as "exhibition articles ", the customs shall, in view of the nature of the exhibition, scale of participants, number of visitors and other information, verify the number and total amount, and exempt the import duties and importation related duties within the reasonable scope according to the related provisions:
1. small samples used in exhibition activities, including samples of foodstuff or beverages imported from overseas or packaged with imported raw materials during the exhibition,
2. materials consumed or damaged due to demonstration of machines or devices on display,
3. low value cargoes consumed in the arranging or decorating of temporary booths,
4. related flyers distributed to visitors free of charge during the exhibition,
5. files, forms and other documents used in exhibitions.
Articles listed in item 1 of the previous paragraph shall conform to the following terms and conditions:
1. provided by the organisers free of charge and specifically for consumption or use by visitors during the exhibition free of charge,
2. low in unit value and used for advertisement samples,
3. not used for commercial purposes, and unit volume significantly smaller than the minimum package,
4. sample of foodstuff and beverages consumed in the course of activities though not distributed in packages specified in item 3 of this paragraph.
Article 21. Provisions on duty exemption shall not be applicable to alcoholic drinks, tobacco products and fuels which are included as exhibition articles.
In cases where articles for display are subject to the administrative licensing of the State, the organisers shall submit related documents to the customs and handle the formalities related to importation.
In cases where the articles for display listed in item 1 of paragraph 1 of article 20 are imported beyond the allowed volume, the extra part shall be subject to duty payment. For articles for display mentioned in items 2 to 4 of paragraph 1, they shall be re-exported in cases where they have not been used or not fully used. In the case of no re-exportation, the importation formalities shall be handled as requested.
Article 22. Entering articles for display shall be placed in sites designated by the customs for monitoring and can not be removed without permission from the customs. In cases where it is necessary to remove them for special reasons, the approval from the customs directly under the customs general administration shall be obtained.
In cases where entering articles for display are allowed, upon approval by the customs, to be removed from the designated monitoring sites, but no guarantee was paid to the customs at the time of entry, the corresponding guarantee shall be provided separately.
Article 23. In cases where the customs dispatch its people to be on-site for monitoring, the organisers or contracting parties for the exhibitions shall provide an office site and necessary office equipment, and provide facilitation to the discharge of functions of the customs staff.
Article 24. Cargoes imported or exported temporarily for the purpose of holding trade fairs, meetings or similar activities shall be under monitoring according to the related provisions on monitoring of articles for display as specified in this set of measures.
Article 25. In cases where cargoes allowed temporary entry or exit need to be imported or exported, the consignors or consignees of the cargoes allowed temporary entry or exit shall apply to the competent customs authorities 30 days before the time frame for the re-exportation or re-importation of the cargoes, and handle the related importation and exportation formalities as requested upon the approval by the competent customs authorities directly under the customs general administration.
Chapter IV - Administration of ATA Certificates
Article 26. The China International Chamber of Commerce is the issuing and guaranteeing agency for ATA certificates from China, and is responsible for the issuing of exit ATA certificates, submitting Chinese electronic text of certificates to the customs, assisting the customs in the confirmation of the authenticity of ATA certificates, and be held liable by the customs for the related duties or fines caused by the violation of the provisions on temporary entry or exit on the part of the ATA certificate holders.
Article 27. The customs general administration shall develop an ATA Cancellation Upon Verification Centre at the Beijing Customs. The ATA Cancellation Upon Verification Centre shall be responsible for the cancellation upon verification of the entry and exit proof of ATA certificates, the collection of statistics, tracing, provision of proof that the cargoes allowed for temporary entry or exit under ATA certificates have entered or have been re-exported upon the request of the guarantors of the member states and on the strength of the original proof, and the coordination and management over the related operations of cancellation upon verification of the ATA certificates of the customs all over the country.
Article 28. The ATA Cancellation Upon Verification Centre shall use in a unified manner in its operations the letter of notice for tracing ATA certificates, letter of notice for cancellation upon verification of ATA certificates, and letter of notice for payment of ATA certificates.
Article 29. The customs shall only accept ATA certificates completed in Chinese or English.
Article 30. In cases where entering ATA certificates are damaged or lost after entry, the holders of ATA certificates shall go the competent customs directly under the customs general administration for confirmation with the ATA certificates re-issued by the original issuing authorities.
The re-issued ATA certificates shall have the items filled in exactly the same as the original ATA certificates.
Article 31. In cases where the extension applied for cargoes allowed temporary entry under ATA certification exceeds the validity of the ATA certificates, the holders of ATA certificates shall apply to the original issuing authorities for renewing the ATA certificates. The renewed ATA certificates may replace the original ATA certificates upon the confirmation of the competent customs directly under the customs general administration.
The renewed ATA certificates can only modify the validity of the certificates and all the other items shall remain the same as the original ones. The original certificates shall become invalid when the renewed ATA certificates are used.
Article 32. For the transit, transfer or same-vehicle-transportation cargoes under ATA certificates, the customs shall handle import and export formalities on the strength of the section of transfer on ATA certificates.
In cases where the holders of ATA certificates need to transfer from one customs area to another cargoes allowed temporary entry or exit under ATA certificates, the customs shall handle the customs transfer formalities on the strength of the section of transfer on the ATA certificates.
Article 33. In cases where cargoes allowed temporary entry or exit under ATA certificates fail to be re-exported or transferred as requested, the ATA Cancellation Upon Verification Centre shall file a request of claim with the China International Chamber of Commerce. In cases where the China International Chamber of Commerce is able to, within 9 months upon the day of filing such request, provide proof to the customs that the cargoes have been re-exported within a specified period of time or have handled importation formalities, the ATA Cancellation Upon Verification Centre may write off the request. In the case of failure to do so, the China International Chamber of Commerce shall pay duties and fines to the customs.
Article 34. In cases where cargoes allowed temporary entry under ATA certificates are transported out from China and fail to handle cancellation upon verification or remarking with the customs authorities of China, the ATA Cancellation Upon Verification Centre may proceed with the cancellation upon verification on the strength of proof issued by the customs authority of another country with which China has a cooperation relationship specifying on the ATA certificates that the batch of cargoes has re-entered the country or entered the country, or other documents recognised by the Chinese customs as proof of re-exportation from China, able to testify that the batch of cargoes have indeed left China.
In the case of the above mentioned circumstances, the ATA certificate holders shall pay adjustment fees to the customs as requested. Before issue of the letter of notice for claim of ATA certificates by the Chinese customs, if the holders are able to provide proof issued by customs authorities of other countries, showing that the cargoes have left the Chinese border, and ask for cancellation upon verification of the certificates, the customs shall exempt such holders from paying adjustment fees.
Chapter V - Supplementary Articles
Article 35. Acts in violation of this set of measures that constitute smuggling, violation of customs monitoring regulations or the Customs Law, the customs shall impose punishments according to the related provisions of the Customs Law and the Implementation Regulations of the Customs of the People's Republic of China on Administrative Sanctions. In cases where crimes have been constituted, the criminal liabilities shall be investigated.
Article 36. In cases where cargoes allowed temporary entry from overseas are transferred into the bonded zones, export processing zones, and other areas under the special monitoring of the customs and bonded zones, they are not considered as having been re-transported out from China.
Article 37. This set of measures shall not be applicable to the entry and exit containers that load cargoes under the customs monitoring or entry or exit of leasing articles.
This set of measures shall not be applicable to the temporary entry or exit of articles of foreign institutions or staff in China that have diplomatic rights and immunity.
Article 38. This set of measures shall serve as a reference in cases where the articles allowed for temporary entry or exit exceed the reasonable self-use volume.
Article 39. ATA certificate holders or consignors or consignees of cargoes allowed temporary entry or exit not under ATA certificates, organisers and participants may entrust their agents to handle the related customs formalities. In cases where agents are used, the agents shall provide to the customs power of attorney issued by the parties they represent.
Article 40. The following terms in this set of measures are defined as follows:
Exhibitions, trade fairs, meeting and similar activities include:
1. trade, industry, agriculture, arts and crafts shows, as well as fairs and exhibitions,
2. exhibition or meeting organised for charity purposes,
3. exhibition or meetings organised to promote the exchanges of science and technology, education, cultures, and sports, as well as for travel and tourism activities and civil friendship activities,
4. meetings organised by international organisations or international entities,
5. commemoration meetings hosted by governments.
Non-public exhibitions organised by shops or other business sites to sell foreign articles are not classified as exhibitions, fairs, meetings or similar activities mentioned in this set of measures.
Articles on display include:
1. cargoes displayed during exhibitions,
2. cargoes used to demonstrate machines or devices during exhibitions,
3. building materials or decorating materials used to build temporary booths,
4. movies, slides, VHS, tapes, explanations, advertisements, CD, displaying devices and others used to display and advertise the cargoes,
5. other cargoes displayed during exhibitions.
Competent customs refers to local customs at the place where the domestic exhibitions, fairs, meetings and similar activities are held or customs at the place where the cargoes enter or leave.
Article 41. The time frame mentioned in this set of measures regarding the administrative licensing exercised by the customs is calculated on the basis of working days, not including official holidays.
Article 42. The Customs General Administration is entitled to the interpretation right of this set of measures.
Article 43. This set of measures shall enter into force as of May 1 2007. The Measures of the Customs of the People's Republic of China Governing the Monitoring of Items Exported for Display released on September 20 1976, Measures of the Customs of the People's Republic of China on Monitoring the Temporarily Imported Cargoes released by the customs general administration on September 3 1986, Order No. 59 of the customs general administration on Measures of the Customs of the People's Republic of China on Monitoring Imported Items for Display released on February 14 1997, as well as the Measures of the Customs of the People's Republic of China on Monitoring the Temporary Importation and Exportation of Cargoes on the Strength of Importation Certificates released by the customs general administration in the form of order 93 on December 24 2001 are abolished at the same time.
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