Order no. 243 of the general administration of customs (on promulgation of the "decision of the general administration of customs on the abolition of certain regulations")
Decree [2018] no. 243
Order of the general administration of customs of the People's Republic of China
No. 243
The decision of the general administration of customs on amending some regulations, which was deliberated and adopted at the executive meeting of the general administration of customs on November 21, 2018, is hereby promulgated and shall come into force as of the date of promulgation.
Director ni yuefeng
November 23, 2018
Decision of the general administration of customs on amending some regulations
For the implementation of the CPC central committee and the state council about optimization of port business environment decision deployment, further reducing institutional trading costs, compress customs clearance time, consolidate and enhance streamline regulatory documents of import and export link of reform, the general administration of customs decided to the customs of the People's Republic of China on are not overdue declaration for importation of goods, false or excessive discharge of inward goods and abandoned import goods processing methods such as 45 department rules and modified, specific content is as follows:
1. The measures of the customs of the People's Republic of China on the handling of import goods not declared at customs within the specified period, entry goods wrongly discharged or overdischarged, and abandonment of import goods (promulgated by order no. 91 of the general administration of customs and amended in accordance with order no. 198 and order no. 218 of the general administration of customs) are as follows:
To amend article 9 to read: "where an applicant applies for refund of the balance in accordance with article 7 of these measures, the applicant shall provide relevant materials proving that he is the consignee of the imported goods. After examination and approval by the customs, the applicant shall, in accordance with the provisions of the customs on the declaration of imported goods, obtain the relevant import license documents and go through the formalities for import declaration on the strength of the relevant documents. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents. In the absence of a valid import license at the time of declaration, the customs shall handle the case in accordance with the provisions of the regulations of the People's Republic of China on the implementation of administrative penalties by the customs.
2. Provisions on the administration of the declaration of import and export goods by the customs of the People's Republic of China (promulgated by order 103 of the general administration of customs and amended in accordance with order 198, 218, 235, 238 and 240 of the general administration of customs) are hereby amended as follows:
(1) amend article 25 to read: "the consignee or consignor of import or export goods and the entrusted customs declaration enterprise shall obtain a license issued by the state to exercise import or export control and go through the formalities for customs declaration and payment of duties on the strength of the relevant documents required by the customs. The customs shall conduct systematic and automatic comparison and verification of the electronic data of import and export licenses.
"If the customs and the competent authorities for certificates fail to conduct online verification and automatic comparison and verification of the license documents specified in the preceding paragraph, the consignee or consignor of import and export goods and the entrusted customs declaration enterprise shall go through the customs formalities with the relevant license documents."
(2) delete paragraph 2 of article 27.
3. The measures of the customs of the People's Republic of China on the administration of processing trade leftover materials, residual materials, defective products, by-products and bonded goods affected by disasters (promulgated by order no. 111 of the general administration of customs and amended in accordance with order no. 198, 218, 235 and 238 of the general administration of customs) are as follows:
(1) amend the words "sepa" in item (2) of article 4, item (1) of article 6 and item (1) of article 9 as "ministry of ecological environment".
(2) amend the words "an enterprise shall also submit relevant import license documents to the customs in accordance with the provisions" in item (2) of article 6 to read "an enterprise shall also obtain relevant import license documents in accordance with the provisions". The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents ".
(3) if the provisions of paragraph 3 of article 8 are under the administration of an import license, the enterprise shall also, in accordance with the provisions, submit to the customs the relevant import license "to be amended to the provisions of the import license administration, the enterprise shall also, in accordance with the provisions, obtain the relevant import license. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents ".
(4) when submitting for examination and approval the "enterprise" mentioned in item (1) of article 9 within the period of verification and cancellation, it shall provide the following evidential materials:
"1. Comments on the endorsement of the competent commercial authorities;
"2. The relevant inspection and quarantine certificate or the insurance indemnity notice issued by the insurance company;
"3. Other valid certificates recognized by the customs" shall be amended as "when the enterprise reports for examination and approval within the period of verification and cancellation, it shall provide the notice of insurance indemnity issued by the insurance company and other valid certificates recognized by the customs".
Delete the first (2) of the departments of commercial administration "visa advice" "relevant inspection and quarantine certificates or" will "if subject to import licensing certificate management, the enterprise shall be in accordance with the relevant regulations, submit to the customs import permit" changed to "subject to import licensing certificate management, the enterprise shall, in accordance with the provisions about the import permit. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents ".
Iv. The following modifications are made to the administrative measures on the carry-over of goods from export processing zones of the customs of the People's Republic of China for deep-processing out of zones (promulgated by order 126 of the general administration of customs and amended in accordance with order 240 of the general administration of customs) :
If the "carry-over products are commodities subject to import license administration under processing trade" in article 7 is changed to "carry-over products are commodities subject to import license administration under processing trade", the enterprise shall obtain the corresponding valid import license. The customs shall conduct systematic and automatic comparison and verification of the electronic data of the corresponding import license documents ".
V. the interim measures of the customs of the People's Republic of China on the administration of bonded logistics centers (type A) (promulgated by order no. 129 of the general administration of customs and amended in accordance with order no. 227, 235 and 240 of the general administration of customs) are hereby amended as follows:
(1) change the article 27 "an enterprise shall also issue a valid license to the customs" to "an enterprise shall also obtain a valid license, and the customs shall conduct systematic automatic comparison and verification of the electronic data of the relevant license".
(2) the phrase "a valid export license shall also be issued to the customs" in paragraph 1 of article 28 shall be amended to read "a valid export license shall also be obtained. The customs shall conduct systematic and automatic comparison and verification of the electronic data of the relevant export license documents ".
Vi. The interim measures of the customs of the People's Republic of China on the administration of bonded logistics centers (type B) (promulgated by order no. 130 of the general administration of customs and amended in accordance with order no. 227, 235 and 240 of the general administration of customs) are hereby amended as follows:
(1) revise the article 30 "an enterprise shall also issue a valid license to the customs" to "an enterprise shall also obtain a valid license, and the customs shall conduct systematic automatic comparison and verification of the electronic data of the relevant license".
(2) the phrase "a valid export license shall also be issued to the customs" in paragraph 1 of article 31 shall be amended to read "a valid export license shall also be obtained. The customs shall conduct systematic and automatic comparison and verification of the electronic data of the relevant export license documents ".
7. The measures of the customs of the People's Republic of China on the administration of warehouses under export supervision and the goods stored in them (promulgated by order no. 133 of the general administration of customs and amended in accordance with order no. 227, 235 and 240 of the general administration of customs) are hereby amended as follows:
Change the phrase "the consignor or his agent shall submit a license or pay taxes" in article 25 to "the consignor or his agent shall obtain a license or pay taxes". The customs shall conduct systematic and automatic comparison and verification of the electronic data of the relevant license documents ".
Viii. The measures of the customs of the People's Republic of China on the administration of bonded logistics parks (promulgated by order 134 of the general administration of customs and amended in accordance with order 190, 235 and 240 of the general administration of customs) are hereby amended as follows:
In paragraph 1 of article 29 of the "should be effective export license issued by the customs documents at the same time, unless it is otherwise prescribed in laws, administrative regulations, rules and outbound declaration link submit export permit with the exception of" changed to "shall acquire the license certificate, the effective export customs about the export permit electronic data system automatically compare audited, unless it is otherwise prescribed in laws, administrative regulations, rules and outbound declaration link audited except export permit".
Ix. The measures of the customs of the People's Republic of China on the administration of single consumption of processing trade (promulgated by order 155 of the general administration of customs and amended in accordance with order 218 and order 240 of the general administration of customs) are amended as follows:
Delete the article 25 "processing trade enterprises may be exempted from providing guarantee if they carry out bank guarantee account actual transfer and the amount of actual transfer in the account is not less than the amount of tax payable".
The administrative measures of the customs of the People's Republic of China on the zhuhai industrial park of the zhuhai-macao cross-border industrial zone (promulgated by order no. 160 of the general administration of customs and amended in accordance with order no. 189, 235 and 240 of the general administration of customs) are as follows:
(1) amend the words "an inside-area enterprise or a consignee outside the area shall also issue an import quota or license certificate to the customs" in paragraph 2 of article 15 and paragraph 1 of article 16 to "an inside-area enterprise or a consignee outside the area shall also obtain an import quota or license certificate. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents ".
(2) amend the words "an enterprise shall issue an import quota or license to the customs" in paragraph 2 of article 17 to "an enterprise shall obtain an import quota or license. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents ".
11. The measures of the customs of the People's Republic of China on the supervision and control of import and export of printed and audio and video products (promulgated by order 161 of the general administration of customs and amended in accordance with order 240 of the general administration of customs) are hereby amended as follows:
In paragraph 2 of article 16, the words "documents of approval shall also be submitted to the relevant administrative departments under the state council" shall be amended to read "documents of approval shall also be obtained from the relevant administrative departments. The customs shall conduct systematic and automatic comparison and verification of the electronic data of the approval documents issued by the relevant administrative departments ".
Xii. The interim measures on the administration of bonded port areas of the customs of the People's Republic of China (promulgated by order 164 of the general administration of customs and amended in accordance with order 191, 235 and 240 of the general administration of customs) are hereby amended as follows:
(1) revise the paragraph 2 of article 20, "original quota and license documents are no longer required to be issued by enterprises in the exit link" to "quota and license documents are no longer required to be checked and verified in the exit link".
(2) amend article 21 of this law to read that "an enterprise within the area or a consignee outside the area shall also issue a quota or license certificate to the customs" to read that "an enterprise within the area or a consignee outside the area shall also obtain a quota or license certificate. The customs carries out systematic automatic comparison and verification of the electronic data of relevant license documents, and changes "enterprises are no longer required to issue quotas and original license documents in the links out of the district" to "quotas and license documents are no longer required in the links out of the district".
(3) the phrase "an enterprise shall issue an import quota or license to the customs" in paragraph 2 of article 23 shall be amended to read "an enterprise shall obtain an import quota or license. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents ".
Xiii. The measures on the administration of centralized declaration of import and export goods by the customs of the People's Republic of China (promulgated by order 169 of the general administration of customs and amended in accordance with order 218 of the general administration of customs) are amended as follows:
(1) amend the words "the consignee or consignor shall also submit the corresponding license certificate" in paragraph 1 of article 11 to "the consignee or consignor shall also obtain the corresponding license certificate".
(2) amend the words "the corresponding license which shall be submitted to the customs for approval" in article 15 to "the corresponding license which shall be obtained". The customs shall conduct systematic and automatic comparison and verification of the electronic data of the corresponding license documents ".
Xiv. The measures of the customs of the People's Republic of China on the supervision and control of imported energy through pipeline transportation (promulgated by order 204 of the general administration of customs and amended in accordance with order 240 of the general administration of customs) are amended as follows:
The third paragraph of article 11 shall be amended to read: "the consignee shall obtain the corresponding license and go through the declaration procedures against the import goods declaration form, the entry measurement report issued by the pipeline management unit and other documents required by the customs. The customs shall conduct systematic and automatic comparison and verification of the electronic data of the corresponding license documents.
Xv. The measures of the customs of the People's Republic of China on the supervision and control of pingtan comprehensive experimental area (trial) (order no. 208 of the general administration of customs) shall be amended as follows:
The words "relevant import quotas and licenses shall be submitted for examination" in subparagraphs (1) and (2) of article 27 shall be changed to "relevant import quotas and licenses shall be obtained, and the customs shall conduct systematic and automatic comparative examination and verification of the electronic data of the relevant import licenses".
16. The measures of the customs of the People's Republic of China on the supervision and control of hengqin new area (trial) (order no. 209 of the general administration of customs) are amended as follows:
Article 26 "relevant import quotas and licenses shall be submitted for examination" in subparagraphs (1) and (2) of article 26 shall be amended to "relevant import quotas and licenses shall be obtained, and the customs shall conduct systematic and automatic comparative examination and verification of the electronic data of the relevant import licenses".
Xvii. The measures of the customs of the People's Republic of China on the supervision and control of processing trade goods (promulgated by order no. 219 of the general administration of customs and amended in accordance with order no. 235 and order no. 240 of the general administration of customs) are amended as follows:
(1) the phrase "a business enterprise shall submit an export license to the customs" in paragraph 2 of article 4 shall be amended to read "a business enterprise shall obtain an export license". The customs shall conduct systematic and automatic comparison and verification of the electronic data of the relevant export license documents ".
(2) of article 11 is revised as follows: "unless otherwise specified, the business enterprise set up to handle the manual of processing trade goods, shall truthfully declare to the customs, consumption, import and export ports of trade way, and the names of the imported materials and export finished goods, commodity code, specifications, prices, and country of origin, etc., and submit business enterprise of foreign contracts signed. Where an enterprise engages in entrusted processing, it shall also submit a contract of entrusted processing signed with the processing enterprise.
"If the business enterprise itself has the processing capacity, it shall obtain the certificate of the production capacity of the processing trade and processing enterprise issued by the competent authority; Where an enterprise engages in processing on its behalf, it shall obtain a certificate of the production capacity of a processing enterprise for processing trade and processing enterprise issued by the competent authority.
Xviii. Measures for the administration of the customs of the People's Republic of China on the amendment and cancellation of customs declaration forms for import and export goods (promulgated by order no. 220 of the general administration of customs and amended in accordance with order no. 238 and order no. 240 of the general administration of customs) :
In article 12, "the party concerned shall submit the relevant import and export license to the customs" shall be amended to read "the party concerned shall obtain the relevant import and export license". The customs shall conduct systematic and automatic comparison and verification of the electronic data of the relevant import and export licenses.
19. The following amendments are made to the "rules for the implementation of > of the administrative provisions of the customs on the transshipment of import and export goods by lightering vessels of the Yangtze river" (general administration of customs [1985] department cargo no. 1097) :
(1) change the "place of entry and exit" in articles 7 and 16 to "place of entry and exit".
(2) to amend the "place of entry" in articles 11 and 13 to the "place of entry".
(3) amend article 12 to read: "where transshipment goods are goods subject to import restrictions imposed by the state, the shipper shall obtain an import license. The customs shall conduct systematic and automatic comparative examination and verification of the electronic data of import license documents. In the absence of an import license, no transhipment shall be allowed and the customs at the place of entry shall handle the matter according to law.
20. The measures on the quarantine administration of imported cultural media (promulgated by order no. 13 of the state administration of entry-exit inspection and quarantine, and amended in accordance with order no. 196 of the general administration of quality supervision, inspection and quarantine, order no. 238 and order no. 240 of the general administration of customs) are as follows:
In article 8, "shall be in
