The general administration of customs 217 call to arms
The law of the People's Republic of China on customs import goods shipped directly measures for the administration on February 13, 2014 by the department faculty meeting examined and approved by the general administration of customs, are hereby released, come into force from the date of release. On February 2, 2007 published by the customs general administration makes no. 156 of the People's Republic of China on customs import goods return measures for the administration of direct shall be repealed simultaneously.
Department long Yu Guangzhou
On March 12, 2014
The return measures for the administration of the customs of the People's Republic of China import goods directly
Article 1 in order to strengthen the management of import goods shipped directly, protect the legitimate rights and interests of citizens, legal persons or other organizations, according to the customs law of the People's Republic of China (hereinafter referred to as the customs law) are formulated.
Article 2 the goods after the customs, the customs clearance formalities before the import goods or consignor, the carrier or his agent (hereinafter generally referred to as the parties) will all or part of the goods shipped abroad directly, and the customs according to the relevant provisions of the state shall be ordered to return the directly, these measures shall apply.
In transit goods imported into the territory from customs, after the return formalities by the parties, these procedures are not applicable, the parties shall, in accordance with the general return formalities.
Article 3 the goods after the customs, the customs clearance procedures, before any of the following circumstances, the parties may the customs offices for handling the formalities of direct return of the place where the goods:
(1) because the national trade management policy adjustment, the consignee can't provide the related documents;
(2) belong to the wrong hair, incorrect or excessive discharge the goods, can provide shipper or carrier's written proof documents;
(3) of the consignee or consignor both sides agree to return, can provide the return of the two sides agreed to a written proof documents;
(4) the trade dispute, can provide effective judgment of the court, arbitration agency decision or uncontested valid proof of ownership of goods;
(5) the goods damaged or faulty state inspection and quarantine, can provide the national inspection and quarantine department issued by the relevant certificate documents.
Article 4 the direct return formalities of import goods fails to declare to the customs, the parties shall submit to the customs import goods return table directly, and prove the actual status of the import contract, invoice, packing list, waybill or manifest and other related documents, certifying documents, in accordance with the provisions of article 10 of these measures drawn up customs declaration, if direct returned to declare formalities.
Article 5 in handling import goods have been shipped formalities directly declare to the customs, the parties shall submit to the customs declaration forms of import goods return table directly, the original single or transit, and prove the actual status of the import contract, invoice, packing list, waybill or manifest and other related documents, certifying documents, go through the formalities for customs declaration or transit single deleted first.
Paragraph 1 case, and the customs in accordance with the law to delete original customs declaration or transit of the single data, the parties shall in accordance with the provisions of article 10 of these measures drawn up customs declaration, if direct returned to declare formalities.
Have been supervised the customs have been confirmed, inspection or think suspected of smuggling illegal goods, shall not issue a claim directly. Monitor, inspection, or after the case processing, in accordance with the relevant provisions of the customs processing.
Article 6 after the goods entering the country, the customs clearance formalities, before any of the following circumstances, the customs shall order the parties will import the goods shipped overseas directly:
(1) the goods belong to the state banned the import of the goods, have the customs processing in accordance with the law;
(2) in violation of state regulations and policies of the inspection and quarantine, has issued by state inspection and quarantine departments to deal with and the notice of inspection and quarantine treatment or other supporting documents;
(3) without the permission of import belongs to restrict imports of solid waste, has been the customs processing in accordance with the law;
(4) in violation of relevant state laws and administrative rules and regulations, and other circumstances shall order the return of directly.
Article 7 shall be ordered to direct return of imported goods, by the customs in accordance with the relevant certifying documents issued by the government administrative departments of the party issuing the notice of the customs shall be ordered to import the goods shipped directly (hereinafter referred to as the order directly to claim notice).
Article 8 the parties to receive the order directly to claim notice, within 30 days from the date of the goods shall be in accordance with the requirements for the customs to the customs offices for handling the formalities of declaration of import goods shipped directly.
Article 9 the import goods shipped directly to declare formalities by the parties, unless otherwise specified, shall fill in the export customs declaration to the customs declaration first, and then fill in the declaration forms of import direct return filing formalities, import declaration form should fill in the customs declaration "associated" bar export customs declaration form number.
Article 10 the direct return of imported goods, in addition to the law of the People's Republic of China on customs import and export goods customs declaration fill the specification ", also import and export goods declaration form shall, in accordance with the requirements in which of the following:
Field "approach" (1) all fill in "direct return" (code "4500");
(2) the "remarks" column to fill in the return table of the import goods directly or the order directly to claim notice number.
Article 11 if directly returned goods, the customs import and export license or other regulatory documents not audited, exempted from import and export link tax and sluggish newspaper gold, not included in the customs statistics.
Article 12. Goods sent wrong, due to liability of the carrier or excessive discharge by mistake, when the parties directly return formalities may be exempted from filling in the customs declaration form.
The return should be from the original article 13 of the imported goods directly into the territory port transported out of China. Due to transport need to change the mode of transportation or by another port transported out of China, should be through the original position after the customs approval, the exit in transit way.
Article 14 the bonded zones, export processing zones and other areas under special customs supervision and bonded and supervisory areas of import goods return relevant provisions of the present measures shall be directly.
Article 15 violates these measures, constitute smuggling behavior, behavior violation of customs supervision provisions or other ACTS violating the customs law, by the customs in accordance with the customs law and implementation regulations of the law of the People's Republic of China on customs administrative punishment dealt with the relevant provisions; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 16 the return table directly imported goods, the customs shall be ordered to import the goods directly return notice and other legal documents, shall be issued separately by the general administration of customs announcement.
Article 17 of these regulations shall be explained by the customs general administration.
Article 18 the measures come into force from the date of release. On February 2, 2007 published by the customs general administration makes no. 156 of the People's Republic of China on customs import goods return measures for the administration of direct shall be repealed simultaneously.