Administrative Measures of the Customs of the People’s Republic of China on the Centralized Declaration of Import and Export Goods

Order No.169 of the General Administration of Customs

The Administrative Measures of the Customs of the People’s Republic of China on the Centralized Declaration of Import and Export Goods, which were deliberated and adopted at the executive meeting of the General Administration of Customs on January 4, 2008, are hereby promulgated and shall come into force from May 1, 2008.

Director-general: Mou Xinsheng January 24, 2008

Administrative Measures of the Customs of the People’s Republic of China on the Centralized Declaration of Import and Export Goods
Article 1 The present Measures are formulated according to the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law) for the purpose of facilitating the declaration formalities to be handled by the consignees and consignors of import and export goods, enhancing the customs clearance efficiency of import and export goods and regulating the declaration administration of import and export goods.

Article 2 The term “centralized declaration” as mentioned in the present Measures refers to such a special customs clearance method by which a consignee or consignor of import or export goods (hereinafter referred to as “consignee or consignor”), who intends to import or export the goods within the scope provided for by Article 3 of the present Measures in several batches at one port upon archival filing at the customs house, may declare the import or export of goods upon the strength of the List of the Customs of the People’s Republic of China on the Centralized Declaration of Import Goods (see Appendix 1) or the List of the Customs of the People’s Republic of China on the Centralized Declaration of Export Goods (see Appendix 2) (hereinafter collectively referred to as the List of Centralized Declaration), and then go through customs formalities in a centralized manner upon the strength of customs declaration forms.

A consignee or consignor of import or export goods may entrust a customs declaration enterprise in the management category of B or above for going through the relevant formalities of centralized declaration.

Article 3 Upon archival filing at the customs house, the following import and export goods may apply the method of centralized declaration for customs clearance:1. Goods such as books, newspapers, periodicals and other publications that have the limitation of time;2. Dangerous goods, fresh goods, perishable goods, goods that are easy to lose efficacy and other goods that are not suitable for long-term storage; and3. Bonded goods exited or entered via road ports.

Article 4 A consignee or consignor shall handle the archival filing formality of centralized declaration at the customs house where the goods are placed, and an enterprise of processing trade shall handle the archival filing formality of centralized declaration at the competent customs house.

Article 5 If a consignee or consignor applies for the archival filing formality of centralized declaration, he shall submit the Archival Filing Form on the Application of the Method of Centralized Declaration for Customs Clearance (hereinafter referred to as the Archival Filing Form, see Appendix 3), and simultaneously provide the security consistent with the requirements of the customs house, and the validity term of security shall not be less than three months.

The customs house shall examine the Archival Filing Form submitted by the consignor or consignee; and ratify the archival filing if the form is in compliance with the present Measures.

If a consignee and consignor, who is suspected of smuggling or wrongdoing and is being put on files by the customs house for investigation, is subject to administrative penalties due to the import and export of goods infringing on intellectual property rights, or who applies the management category of C or D, imports or exports the goods listed in Article 3 of the present Measures, the method of centralized declaration for customs clearance shall not be applied.

Article 6 Within the validity term of archival filing, a consignee or consignor may apply the method of centralized declaration for customs clearance. The validity term of archival filing shall be verified according to the validity term of security provided by the consignee or consignor.

In case of any changes in the goods for which the method of centralized declaration for customs clearance is applied or the change in the security, etc., the consignee or consignor shall file a written application for alteration with the original archival filing customs house.

The validity term of archival filing may be extended at expiration. If a consignee or consignor needs to continuously adopt the method of centralized declaration for customs clearance, he shall, ten days before expiration of the validity term of archival filing, file a written application for extension with the original archival filing customs house.

Article 7 If a consignee or consignor is under any of the following circumstances, the method of centralized declaration for customs clearance shall be terminated:1. The conditions for security are changed, and no valid security can be continuously provided any more;2. The consignor or consignee is suspected of smuggling or wrongdoing and is being put on files by the customs house for investigation; 3. The consignor or consignee is subject to administrative penalties due to the import or export of goods infringing on intellectual property rights; or4. The classified customs management category is degraded to C or D.

A consignee or consignor may voluntarily apply for terminating the application of the method of centralized declaration for customs clearance within the validity term of archival filing.

Article 8 If a consignee or consignor fails to apply for extension to the original archival filing customs house before expiration of the validity term of archival fling, the Archival Filing Form shall be invalidated. If the consignee or consignor needs to continuously go through the customs clearance formality according to the method of centralized declaration, he shall file a new application for archival filing.

Article 9 A consignee or consignor that goes through the customs formality by the method of centralized declaration for customs clearance according to the present Measures shall fill in the List of Centralized Declaration and make customs declaration within 14 days from the day when the means of transport of import goods is declared to enter the territory, or after the export goods are transported into the customs surveillance zone but 24 hours before the loading of export goods.

If the consignee makes import declaration at the customs house 14 days after the means of transport is declared to enter the territory, the method of centralized declaration for customs clearance shall not be applied, and the consignee shall make declaration at the customs house upon the strength of a customs declaration form.

Article 10 When the customs house examines the electronic data on the list of centralized declaration, it shall check and deduct the data in the processing trade brochure (account) or electronic account for the bonded goods; and shall check the archival filing data on centralized declaration for the goods of general trade.

If, upon examination, the customs house finds the inconsistency between the electronic data on the list of centralized declaration and the archival filing data on centralized declaration, the list shall be returned, and the consignee or consignor shall make customs declaration by way of a customs declaration form.

Article 11 A consignee or consignor shall, within three days after the customs house has completely examined the electronic data on the list of centralized declaration, handle the formality for the submission of documents and the customs clearance upon verification at the customs house where the goods are placed upon the strength of the List of Centralized Declaration and the accompanied documents. If the goods are subject to licensing administration, the consignee or consignor shall also submit a corresponding licensing certificate, and the customs house shall make remarks on the corresponding certificate and keep a photocopy.

If the consignee or consignor fails to handle the relevant customs formality within the time limit prescribed in Paragraph 1 of this Article, the customs house shall delete the electronic data on the list of centralized declaration, and the consignee or consignor shall make declaration at the customs house again. If the date of new declaration is later than 14 days after the means of transport is declared to enter the territory, the declaration shall be made upon the strength of a customs declaration form.

Article 12 If a consignee or consignor applies for altering or canceling the List of Centralized Declaration after the declaration of the list, he shall go through the formalities by reference to the Administrative Measures of the Customs of the People’s Republic of China for the Alteration and Cancellation of Customs Declaration Forms.

Article 13 A consignee or consignor shall incorporate the data declared on the List of Centralized Declaration in every month, fill in the customs declaration form on import and export goods, and go through the formality of centralized declaration at the customs house ten days before the next month for the goods of general trade or before the end of the next month for the bonded goods.

The formality of centralized declaration for the goods of general trade shall not be handled beyond the year.

Article 14 If the Lists of Centralized Declaration are incorporated into one customs declaration form, the entry-exit ports, operating entity, domestic consignor or consignee, trade method (supervisory method), country (region) of departure, port of loading, country (region) of arrival, mode of transport and the tax rate and exchange rate applicable on various sheets shall be consistent.

If the items prescribed in the preceding paragraph of this Article on various lists are inconsistent, the consignee or consignor shall make declaration by separately incorporating the said lists into different customs declaration forms. If the incorporation of inconsistent items really can not be made, the consignee or consignor shall make declaration by filling in a separate customs declaration form.

When various lists are incorporated into one customs declaration form, the commodity items stated on various lists may be incorporated in terms of quantity and total price provided that all the commodity serial number, commodity name, specifications, unit, country (region) of origin, unit price and currency are consistent.

Article 15 When a consignee or consignor goes through the customs formality upon the strength of customs declaration forms for the goods declared in the List of Centralized Declaration, he shall handle the duty payment formality for the goods dutiable according to the customs provisions; and shall submit a corresponding license as remarked and commented on by the customs house if the licensing administration is involved.

Article 16 For the goods that apply the method of centralized declaration for customs clearance, the customs house shall calculate and collect taxes and fees according to the tax rate and the exchange rate executed on the day when the declaration of the list is accepted.

Article 17 After a consignee or consignor has completed the customs formality of centralized declaration, the customs house shall issue a certification page of the customs declaration form according to the customs declaration form on the centralized declaration of import and export goods. The “day of import or export” shall be the day when the customs house accepts the declaration of the customs declaration form.

Article 18 The customs house shall incorporate the goods of centralized declaration into customs statistics according to the “day of import or export” on the customs declaration form.

Article 19 For the goods transported from any other regions within the territory of the People’s Republic of China into the zone under special customs surveillance or the bonded surveillance zone, the formality of customs clearance required to be made by way of centralized declaration shall be handled by reference to the present Measures, unless there are other provisions prescribed by the customs house.

Article 20 If anyone violates the present Measures and commits the smuggling or violation of the provisions on customs surveillance or the Customs Law, he shall be punished according to the Customs Law, the Regulation of the People’s Republic of China on the Implementation of Customs Administrative Punishments and other relevant laws and regulations; and if a crime is constituted, the violator shall be subject to criminal liabilities.

Article 21 The power to interpret the present Measures shall remain with the General Administration of Customs.

Article 22 The present Measures shall come into force from May 1, 2008.

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