General Administration Of Customs On The Revision Of The People's Republic Of China Customs Decisions Of The Management Of Goods Temporarily Imported Or Exported (Amended In 2013)

Original Language Title: 海关总署关于修改《中华人民共和国海关暂时进出境货物管理办法》的决定(附2013年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398545.shtml

General Administration of customs on the revision of the People's Republic of China Customs decisions of the management of goods temporarily imported or exported (amended in 2013)

(December 25, 2013 the General Administration of Customs announced order No. 212, come into force on February 1, 2014) under the Ministry of finance and the national development and Reform Commission notice, "ATA documentary list adjustment fee" officially canceled, the General Administration of customs decisions of the People's Republic of China Customs management of goods temporarily imported or exported (March 1, 2007 the General Administration of Customs released 157th) read as follows: Delete the second paragraph of article 34th "circumstances set forth in the preceding paragraph, ATA documentary list the permittee shall pay adjustments in accordance with the provisions of the customs fees.

Customs in China has not been prior to issuing a notice of recourse the ATA documentary list, if a witness with other countries customs that the goods have been removed from the customs territory of the certificates requested are cancelled documents, customs and exempted from charge adjustment fee ".

    People's Republic of China Customs management of goods temporarily imported or exported in accordance with this decision be revised and republished.

    This decision shall take effect on February 1, 2014.

    Attachment: People's Republic of China Customs administrative measures for goods temporarily imported or exported 2013 (revised)

    (February 14, 2007 by the General Administration of customs, 157th announced December 25, 2013, the General Administration of Customs announced order No. 212, effective as of February 1, 2014 the modification of the General Administration of customs on decision of amendments)

    Chapter I General provisions

    First in order to standardize customs supervision of goods temporarily imported or exported in accordance with the People's Republic of China Customs law (hereinafter referred to as the Customs Act) and the provisions of relevant laws and administrative regulations, these measures are formulated.

    Article approved by the Customs temporary turnover close the boundary and shipped within the time provided in the exit and entry of goods procedures apply.

Article III goods temporarily imported or exported in these measures include:

(A) exhibitions, fairs, meetings or similar activities in the display or use of the goods;

(B) cultural performances, competitions and sports activities;

(C) news report or film and television apparatus, equipment and supplies;

(Iv) carry out research and teaching activities, medical apparatus, equipment and supplies;

(E) in subparagraph (a) to (d) the activities listed in the use of transport and special vehicles;

(F) samples;

(G) the charitable activity of apparatus, equipment, and supplies;

(VIII) for the installation, commissioning, testing, instruments and tools to use when repairing equipment;

(I) the container containing the goods;

(10) tourism road transport and supplies;

(11) equipment used in construction, equipment, and supplies;

(12) the approval of the customs of other goods temporarily imported or exported.

    Use of temporary import of goods documents (hereinafter ATA documentary list) goods temporarily imported goods are confined to China's accession to the International Convention for the temporary import of goods.

    Article fourth concluded or acceded to the international treaties, agreements and national laws, administrative regulations and the General Administration of customs regulations, except as otherwise provided, goods temporarily imported or exported from certain licenses.

    Fifth article of goods temporarily imported or exported except for normal use and depreciation or loss, but should be in accordance with the original shipped exit and entry.

    Sixth entry or exit of goods temporarily imported or exported to the application by the customs or customs authorized subordination customs-approved.

Article seventh temporarily imported or exported shall, within 6 months from the date of the entry and exit of goods transported out or transported. Due to exceptional circumstances need extended time limit, the ATA documentary list holders and non-goods temporarily imported or exported under ATA documentary list consignor shall make application to the competent customs, authorized by subordinate customs approval may be extended, extension up to 3 times, a period not to exceed 6 months each.

Expiry of the extension period should be transported out, enter or import and export procedures.

    Key national projects, national research program the use of temporarily imported or exported goods, as well as participate in the extension of more than 24 months exhibition exhibits, still needed to be extended after the expiry of the 18 months period, approved by the competent Customs office directly under the General Administration of customs.

Article eighth temporary export under the ATA documentary list, provided by the Customs General Administration of China Chamber of international commerce to the total guarantee.

Unless otherwise specified, non-goods temporarily imported or exported under ATA documentary list the consignor shall, in accordance with customs requirements submitted to the competent customs tax equivalent of margin or approved by the customs of other warranties.

    In customs designated places or customs appointed supervision places exhibition, approved by the competent customs, can exhibit on display from submitting to the customs guarantees.

Nineth article temporarily inbound and outbound goods for force majeure of reasons damaged, cannot undisturbed complex shipped exit, and entry of, ATA single card book holding witnesses, and non-ATA single card book items Xia temporarily inbound and outbound goods transceiver goods people should timely to competent to customs report, can by about sector issued of proved material handle complex shipped exit, and entry procedures; for force majeure of reasons out lost or lost value of, by Customs verified Hou can considered the goods has complex shipped exit, and entry.

    Goods temporarily imported or exported reasons other than loss or damage due to force majeure, ATA documentary list holders and non-goods temporarily imported or exported under ATA documentary list the consignor shall be in accordance with the relevant provisions of the customs import and export procedures. Tenth offsite shipped exit and entry of goods temporarily imported or exported, ATA documentary list holders and non-goods temporarily imported or exported under ATA documentary list the consignor shall have the competent customs signature of customs documents to transported out, imported to customs formalities.

    Shipped after the exit and entry of goods, the competent customs re-transported, imported to the Customs the customs documents for the verification of the signature closing procedures.

    11th unless otherwise prescribed by these measures, customs in accordance with the People's Republic of China on administrative licensing law and the People's Republic of China Customs implementation of People's Republic of China regulations of the administrative permission law procedures and time limit for handling administrative licensing items of goods temporarily imported or exported.

    Chapter II approval of goods temporarily imported or exported

12th the goods temporarily imported or exported to the application should be submitted to the competent customs.

ATA documentary list the holder to the Customs for goods temporarily imported or exported application shall be ATA documentary list submitted to the real original, accurate inventory, and other business-related documents or proof.

    Under non-ATA documentary list, consignor or consignee of goods temporarily imported or exported to the Customs for goods temporarily imported or exported application, shall be submitted in accordance with customs requirements of the application for temporary importation/exportation of goods (formatted text in annex 1, please log on Customs Service Web site, the same below), list of goods temporarily imported or exported, invoices, contracts or agreements, and other relevant documents.

13th article customs on goods temporarily imported or exported under ATA documentary list of temporarily imported or exported application for approval shall be ATA documentary list be endorsed on, otherwise not endorsements.

    Custom non-goods temporarily imported or exported under ATA documentary list of temporarily imported or exported after the decision on whether to approve an application, shall make and issue of the People's Republic of China Customs temporary importation/exportation of goods applied for approval of decision (formatted text see annex 2, slightly) or the People's Republic of China Customs temporary importation/exportation of goods of decision for rejection (format text, see annex 3).

14th article temporarily inbound and outbound goods application extended complex shipped exit, and entry term of, ATA single card book holding witnesses, and non-ATA single card book items Xia temporarily inbound and outbound goods transceiver goods people should in provides term expires 30th Qian to goods temporarily inbound and outbound application approved to customs proposed extension application, and submitted goods temporarily into/exit extension applications (format text see annex 4, slightly) and related application material.

Customs accepts the application for extension, shall, from the date of acceptance of the application in the 20th issue of the People's Republic of China Customs temporary importation/exportation of goods delayed approval of decision (formatted text see annex 5, slightly) or the People's Republic of China Customs temporary importation/exportation of goods an extension of decision for rejection (formatted text in annex 6, omitted). Customs accepts the application for extension of membership shall be from the date of acceptance of the application in the 10th according to the statutory conditions and procedures for applying for the comprehensive review, and will review the comments and all application materials are submitted to the Customs office directly under the.

Customs should be to review comments received within 10th of a decision and issue the appropriate decision. Belonging to the circumstances prescribed in the third paragraph of the article seventh, ATA documentary list holders and non-goods temporarily imported or exported under ATA documentary list of consignors shall make an application to the competent Customs office directly under the. Customs shall from the date of accepting an application for extension within the 10th according to legal conditions and procedures for applying for the comprehensive review, and will review the comments and all application materials are submitted to the General Administration of customs in a timely manner.

    Customs General Administration shall review the comments received from the date of decision on the 10th.

    Chapter III Regulation goods temporarily imported or exported

15th goods temporarily imported or exported under ATA documentary list declaration, ATA documentary list the permit holder shall submit to the Customs the effective ATA documentary list.

    Non-goods temporarily imported or exported under ATA documentary list declaration, consignor or consignee of the goods shall fill in customs declaration, and to submit to the Customs cargo manifest and the People's Republic of China Customs temporary importation/exportation of goods applied for approval of decision and other relevant documents.

16th exhibition of domestic exhibitions, as well as exit hold or participate in the exhibition people of the exhibition, exhibitors (hereinafter referred to as the exhibition people and exhibitors) should be on display before the goods enter or leave the 20th, submitted to the competent customs authorities for the record certificate or approval document and list of exhibits and other related documentation filing procedures.

    Exhibition of administrative licensing items do not belong to the relevant departments, exhibition, exhibitors shall be submitted to the competent customs exhibition invitation, booth confirmation letter and other supporting documents and exhibits listing filing procedures. The 17th of the exhibition in China within two or more organized within the customs area, and entry exhibits shall be handled in accordance with the relevant provisions of the regulation of transit transit formalities.

    Enter the exhibits on display by the final verification by customs, customs transported out by the exit formalities.

18th of the exhibition delay, exhibition, exhibitors should agree to postpone the approval of the extension before the expiry of the original departments approval documents to record customs related formalities.
Exhibition of administrative licensing items do not belong to the relevant departments, exhibition, exhibitors shall before the expiry of the extension to customs related formalities relevant documents in the record.

    Article 19th exhibition, exhibitors should be at the entry and exit and exhibition products completes the customs formalities within 30th filing customs applications after the exhibition closed.

20th during the following exhibitions in the territory for consumption, distribution of the products (hereinafter referred to as the exhibition supplies) by the Customs according to the exhibition's nature, size of exhibitors, visitors, and so on, on the number and total value of approved, within reasonable limits, in accordance with relevant regulations shall be exempt from import tariffs and import-related taxes:

(A) small samples in the exhibition, including imported or made with imported raw materials in bulk at the exhibition of food or beverage samples;

(B) for exhibition of machines or devices for demonstration being consumed or damaged items;

(C) the layout, decoration of temporary stands low value consumption goods;

(D) the display during the free distributed to the audience for the advertisement;

(E) the records, forms and other documents for exhibition use.

The preceding paragraph (a) of goods, shall be subject to the following conditions:

(A) free of charge by exhibitors to provide and in the display during the free distributed to the audience for use or consumption;

(Ii) low price, advertising samples;

(C) does not apply to commercial use, and capacity of the unit capacity is smaller than the smallest retail package;

    (D) food and beverage samples has not in accordance with subparagraph (c) the provision of distribution packaging, but do in the event of the consumed.

21st exhibition of alcoholic beverages, tobacco products and fuel tax allowances shall not apply.

License management of exhibition belongs to the State, shall submit the relevant documents to the Customs and import formalities.

    This approach 20th article first paragraph subsection (a) items by column exhibition supplies beyond limited imports of, beyond part should law tax; first paragraph subsection (ii) items, and subsection (three) items, and subsection (four) items by column exhibition supplies, not using or not was consumption finished of, should complex shipped exit, ceased to shipped exit of, should according to provides handle imports procedures. During the 22nd entry exhibits on display at the non-regulation should be stored in customs designated places, without customs approval, shall be removed.

Moves needed for special reasons shall be subject to approval by the competent Customs office directly under the.

    Entry exhibits approval out of the specified by the customs supervision areas, but does not guarantee to the customs at the time of entry, should also provide appropriate guarantees.

    The 23rd article customs staff into the exhibition space when carrying out its supervisory tasks, organizers of the exhibition or the contractor shall provide office space and office equipment required, to facilitate the customs officials carrying out their duties.

    Article 24th in order to trade fairs, conferences or similar activities temporarily imported or exported goods, in accordance with the relevant provisions of these measures exhibits about the regulatory supervision.

    25th article really necessary to import and export of goods temporarily imported or exported, consignor or consignee of goods temporarily imported or exported goods should be transported out, 30th the time of entry to the competent customs applications by the competent customs approval, in accordance with the provisions of the import and export procedures.

    The fourth chapter of ATA documentary list management

    Article 26th China Chamber of international commerce is the ATA documentary list of certification and guarantee agencies to issue exit ATA documentary list, submit to the customs documents issued by Chinese-language electronic text, helping customs identify the authenticity of ATA documentary list, and custom ATA documentary list holder and contrary provisions arising out of temporarily imported or exported related taxes, fines. 27th Center of the General Administration of customs in Beijing set up ATA customs verification.

    ATA Centre for verification of ATA documentary list entry and exit certificate verification, statistics, as well as recourse, guarantor requirements of Member States, in accordance with the relevant original documents, provide goods temporarily imported or exported under ATA documentary list has been imported or transported out from our proof, and on relevant national customs ATA documentary list verification for coordination and management.

    28th ATA verification center used in the business activities of the ATA documentary list notice of recourse, the ATA documentary list verification notices and the ATA documentary list of payment notice (rich text see annex 7, 8, 9, abbreviated).

    29th article customs accept only in Chinese or English ATA documentary list.

30th entry occurs after the ATA documentary list entry destruction, loss of, ATA documentary list holders should take the original issuing institution replacement ATA documentary list to the competent customs for confirmation.

    Replacement ATA documentary list fields should be the same as the original ATA documentary list. 31st temporarily imported goods under ATA documentary list applications extend the validity term exceeds ATA documentary list, ATA documentary list holder shall apply to the original certificate to renew the ATA documentary list.

Renewal of ATA documentary list can be replaced after confirmation by the competent Customs office directly under the ATA documentary list. Renewal of ATA documentary list can change document expiration, other projects should be consistent with the original document.

    Renewal of ATA documentary list is enabled, the failure of ATA documentary list.

Articles 32nd to ATA documentary list under transit, trans-shipment, such goods, Customs transit of ATA documentary list for inward and outward processing.

    ATA documentary list holders need to ATA documentary list of temporarily imported or exported goods under transit, Customs transit of ATA documentary list arrange for customs clearance. Article 33rd ATA documentary list temporarily imported goods could not be shipped pursuant to the provisions exit and transit, ATA Center for verification should recourse to the China International Chamber of Commerce.

    Within 9 months from the date on which the claimant, provided the Department with the China International Chamber of Commerce have been within the prescribed time transported out or have proof of import procedures, ATA Center for verification may revoke the right of recourse; after the expiry of 9 months failed to provide proof of such, China Chamber of international commerce shall pay to the customs taxes and penalties.

    34th article ATA single card book items Xia temporarily entry goods complex shipped exit Shi, due to without China Customs verification, and endorsement of, ATA verification Center by by another a party customs in ATA single card Shang endorsement of the batch goods from the country entry or complex shipped entry of proved, or China Customs recognized of can proved the batch goods has actual left China territory of other file, as has from China complex shipped exit of proved, on ATA single card book be verification.

    The fifth chapter by-laws

    35th in violation of these regulations, constitutes acts of smuggling, in violation of customs regulations and other acts in violation of the Customs Act, by the customs in accordance with the Customs Act and the People's Republic of China Customs administrative penalty be dealt with implementation of the relevant provisions of the Ordinance constitutes a crime, criminal responsibility shall be investigated according to law.

    36th from abroad, goods temporarily imported into the free trade zone, export processing zones, bonded areas and areas under special customs supervision, not part of the transported out.

37th article customs used to load the goods under the customs supervision of inbound and outbound containers and means of leasing goods does not apply to these measures.

    Enjoy diplomatic privileges and immunities of the representatives of foreign bodies or persons temporarily imported or exported goods does not apply to these measures.

    Article 38th optimal quantity of goods temporarily imported or exported out of use, reference to these ways of supervising. 39th ATA documentary list holders and non-goods temporarily imported or exported under ATA documentary list of consignors, exhibition, exhibitors may entrust agents to handle customs formalities.

    Agent to handle, agents should also be given to the customs agents issued a power of attorney.

40th article this way about the meaning of the term:

Exhibitions, fairs, meetings or similar activities are:

(A) trade, industrial, agricultural, craft exhibitions, and fairs and expositions;

(B) Organization of exhibitions or conventions for a charitable purpose;

(C) to promote the exchange of science and technology, education, culture, sports, tourism activities or private exhibitions or friendship organization meetings;

(Iv) meeting of representatives of international organizations or international organizations;

(E) Government-sponsored commemorative Congress.

In shops and other business premises to the sale of foreign goods for non-public exhibition is not part of this Organization for the purposes referred to exhibitions, fairs, meetings or similar activities.

Exhibits are:

(A) the exhibition of goods;

(B) the demonstration exhibition machines or appliances to used goods;

(C) set up a temporary exhibition of building and decorative materials;

(D) promotional displays goods films, slides, video tapes, audio tapes, brochures, advertisements, CD, display equipment and so on;

(E) other goods for exhibition.

    The competent customs, refers to the territory of exhibitions, fairs, meetings or similar state of activities taken by the customs or the goods to customs.

    41st article this provides custom implementation of customs administrative licensing terms to working days, excluding holidays.

    42nd interpret this approach by the General Administration of customs. 43rd these measures shall come into force on May 1, 2007. Released on September 20, 1976, the People's Republic of China Customs export exhibitions on supervision on September 3, 1986, released by the General Administration of customs of the People's Republic of China Customs on goods temporarily imported on supervision and on February 14, 1997, released by the General Administration of customs, the 59th of the People's Republic of China Customs on imports of exhibits on supervision, December 24, 2001, released by the General Administration of customs, the 93rd People's Republic of China Customs temporary import permit under the regulation of imports and exports of goods be repealed simultaneously.