BIZCHINA / Customs
Customs Law of the People's Repulbic of China (1987)
Updated: 2006-04-20 09:39
Inward goods confirmed by the Customs to be misdischarged or
over-discharged may be returned to the place of consignment or imported
upon completion of necessary formalities by the person in charge of the
means of transport carrying the goods or the consignee or the consignor
for the goods within three months of the discharging. When necessary, an
extension of three months may be granted through customs approval. If the
formalities are not completed within the time limit, the goods shall be
disposed of by the Customs in accordance with the provisions laid down in
the preceding paragraph.
Where goods listed in the preceding two paragraphs are not suitable for
storage over a long period, the Customs may, according to actual
circumstances, dispose of them before the time limit is reached.
Import goods declared to be abandoned by the consignee or the owner shall
be taken over and sold off by the Customs. The money thus obtained shall
be turned over to the State Treasury after the costs of transport,
loading, unloading and storage are deducted.
Article 22. Goods that are temporarily imported or exported with the
approval of the Customs shall be re-shipped out of or into the territory
within six months. An extension may be granted in special circumstances
through customs approval.
Article 23. The operation of the storage, processing and assembling and
consignment sales of bonded goods shall be approved by and registered
with the Customs.
Article 24. Customs formalities for import goods shall be completed by
the consignee at the customs establishment at the place where the goods
enter the territory; those for export goods shall be completed by the
consignor at the customs establishment where the goods depart from the
territory.
If applied for by the consignee or the consignor and approved by the
Customs, customs formalities for import goods may be completed at the
place of destination where there is a customs establishment, and those
for export goods at the place of consignment where there is a customs
establishment. The transport of such goods from one place with a customs
establishment to another shall comply with the control requirements of
the Customs. When necessary, customs officers may escort the goods in
transportation.
Where goods enter or leave the territory by electric cables, pipelines or
other special means of conveyance, the management units concerned shall
report at regular intervals to the designated customs establishment and
complete customs formalities as required.
Article 25. All transit, transshipment and through goods shall be
truthfully declared by the person in charge of the means of transport to
the customs establishment at the place where the goods enter the
territory, and shall be shipped out of the territory within the
designated time limit.
The Customs may examine such goods whenever it considers this necessary.
Article 26. Without customs approval, no unit or individual may open,
pick up, deliver, forward, change, repack, mortgage or transfer goods
under customs control or change the identification marks on such goods.
Seals affixed by the Customs may not be opened or broken by any person
without customs authorization.
The managers of warehouses and places where goods under customs control
are kept shall complete procedures for the receipt and delivery of goods
in accordance with customs regulations.
The storage of goods under customs control at a place outside a customs
surveillance zone shall be approved by the Customs and subject to customs
control.
Article 27. The General Customs Administration shall draw up,
independently or jointly with the relevant departments under the State
Council, rules for control over inward and outward containers; rules for
control over the salvage of inward and outward goods and sunken ships;
rules for control over inward and outward goods involved in small volumes
of border transactions and other inward and outward goods not specified
in this Law.
CHAPTER IV INWARD AND OUTWARD ARTICLES
Article 28. Inward and outward luggage carried by individuals and inward
and outward articles sent by post shall be limited to reasonable
quantities for personal use and shall be subject to customs control.
Article 29. All inward and outward articles shall be accurately declared
to the Customs by the owner and shall be subject to customs examination.
Seals affixed by the Customs may not be opened or broken by any person
without authorization.
Article 30. The loading, unloading, transshipment and transit of inward
and outward mail bags shall be subject to customs control, and a covering
waybill shall be submitted to the Customs by the postal enterprise
concerned.
The postal enterprise shall inform the Customs in advance of the schedule
for the opening and sealing of international mail bags. The Customs shall
promptly dispatch officers to supervise checking and examination on the
spot.
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