|
Customs Law of The People's
Republic of China
(Adopted at the 19th Meeting of
the Standing Committee of the Sixth National People's Congress
on January 22, 1987, Promulgated by Order No. 51 of the President
of the People's Republic of China on January 22, 1987, and effective
as of July 1, 1987)
Chapter I General Provisions
Article 1 This Law
is formulated for the purpose of safeguarding state sovereignty
and interests, strengthening supervision and control by the Customs,
promoting exchanges with foreign countries in economic affairs,
trade, science, technology and culture, and ensuring socialist
modernization.
Article
2 The Customs of the People's Republic
of China shall be the state organ responsible for supervision
and control over everything entering and leaving the Customs territory
(hereinafter referred to as inward and outward persons and objects).
The Customs shall, in accordance with this Law and other related
laws and regulations, exercise supervision and control over the
means of transport, goods, travellers' luggage, postal items and
other Articles entering or leaving the territory (hereinafter
referred to as inward and outward means of transport, goods and
Articles), collect Customs duties and other taxes and fees, uncover
and suppress smuggling, work out customs statistics and handle
other Customs operations.
Article 3 The State
Council shall set up the General Customs Administration which
shall exercise unified administration of Customs establishment
throughout the country. The State shall set up Customs establishments
at ports open to foreign countries and regions and at places which
call for concentrated Customs operations of supervision and control.
The subordination of one Customs establishment to another shall
not be restricted by administrative divisions. Customs establishments
shall exercise their functions and powers independently in accordance
with the law, and shall be responsible to the General Customs
Administration.
Article 4 A Customs
establishment shall exercise the following powers:
- To check inward and outward means of transport and
examine inward and outward goods and Articles: to detain
those entering or leaving the territory in violation of
this Law or other relevant laws and regulations.
- To examine the papers and identifications of persons
entering or leaving the territory; to interrogate those
suspected of violating this Law or other relevant laws
and regulations, and investigate their illegal activities;
- To examine and make copies of contracts, invoices,
book accounts, bills, records, documents, business letters
and cables, audio and video products and other materials
related to the inward and outward means of transport,
goods and Articles; to detain those related to the means
or other relevant laws and regulations;
- To search, within a Customs surveillance zone and the
specified coastal or border area in the vicinity of a
Customs establishment, means of transport suspected of
involvement in smuggling, and storage places suspected
of concealing smuggled goods and Articles, and to search
persons suspected criminal smuggler may be detained and
handed over to judicial organ. Such detention shall not
exceed 24 hours and, under special circumstances, may
be extended to 48 hours. The scope of the
specified coastal or border area in the vicinity of a
Customs establishment shall be defined by the General
Customs Administration and the public security department
under the State Council in conjunction with the relevant
provincial people's governments;
- Customs officers may chase means of transport or persons
defying and escaping from Customs supervision an control
to places beyond a customs surveillance zone or the specified
coastal or border area in the vicinity of a Customs establishment
and bring them back to be properly dealt with; and
- A Customs establishment may be provided with arms for
the performance of its duties. Rules governing the carrying
and use of arms by Customs officers shall be drawn up
by the General Customs Administration jointly with the
public security department under the State Council and
reported to the State Council for approval.
|
Article 5 All inward
and outward means of transport, goods and Articles
shall enter or leave the territory at a place where there is a Customs
establishment. If, under special circumstances, they have to enter
or leave the territory at a place without a Customs establishment
as a matter of contingeney, permission shall be obtained from the
State Council or an organ authorized by the State Council, and Customs
formalities shall be duly completed in accordance with this Law.
Article 6 Unless otherwise
provided for, all import and export goods shall be declared and
duties on them paid by declaration enterprises registered with the
Customs, or by enterprises entitled to engage in import and export
business. The persons of these enterprises in charge of the declaration
shall be evaluated and approved by the Customs. The
Customs formalities concerning declaration of inward and outward
Articles and payment
of duties on them may be completed either by the owner or by a person
the owner has entrusted to act as his agent. The agent
entrusted to complete the declaration formalities shall abide by
all provisions of this Law applicable to the owner.
Article 7 Customs personnel
shall abide by the laws and regulations, enforce the law impartially,
be devoted to their duties and render services in a civilized manner.
No unit or individual may obstruct the Customs from performing its
duties according to law. Where a Customs of officer
meets with resistance while carrying out his duties, the public
security organ and the People's Armed Police units performing related
tasks shall provide assistance.
Chapter II Inward and Outward Means of
Transport
Article 8 When a means
of transport arrives at or departs from a place where there is a
Customs establishment, the person in charge of the means of transport
shall make a truthful declaration to the Customs, submit the relevant
papers for examination and accept Customs control and examination.
The inward and outward means of transport staying at a place with
a Customs establishment shall not depart from it without prior permission
by the Customs. Before an inward or outward means
of transport moves from one place with a Customs establishment to
another place with a Customs establishment, it shall comply with
the control requirements of the Customs and complete Customs formalities;
no means of transport shall be allowed to change its course and
leave the territory unless it has cleared the Customs.
Article 9 An inward means
of transport which has entered the territory but has not made its
declaration to the Customs or an outward means of transport which
has cleared the Customs but has not left the territory shall move
along routes specified by competent communications authories; in
the abSense of such specification, the routes shall be designated
by the Customs.
Article 10 The Customs
shall be notified in advance, either by the person in charge of
a means of transport or by the relevant transport and communications
department, of such details as when an inward or outward vessel,
train or aircraft will arrive and depart, where it will stay, what
places it will move to during its stay, and when the loading or
unloading of the goods and articities will take place.
Article 11 The inward
or outward goods and Articles
being loaded on or unloaded from a means of transport and the inward
and outward passengers boarding or getting off a means of transport
shall be subject to Customs control.Upon the completion
of such loading or unloading, the person in charge of the means
of transport shall submit to the Customs documents and records which
reflect the actual situation of the toading and unloading.
Those boarding or getting off an inward or outward means of transport
who carry Articles with
them shall truthfully declare to the Customs and shall be subject
to Customs examination.
Article 12 When an inward
or outward means of transport is being checked by the Customs, the
person in charge of the means of transport shall be present and
open the holds, cabins, rooms or doors of the vehicles at the request
of the Customs; where smuggling is suspected, such person shall
also open or dismantle the part of the means of transport which
may conceal smuggled goods and Articles
or remove the goods and materials. In accordance with work requirements,
the Customs may dispatch officers to perform duties on board the
means of transport. The person in charge of the means of transport
shall provide them with conveniences.
Article 13 An inward
means of transport of countries or regions outside the territory
or an outward means of transport of units or enterprises inside
the territory shall not be transferred or devoted to other uses
prior to the completion of Customs formalities and payment of Customs
duties.
Article 14 Where inward
or outward vessels and aircraft are concurrently engaged in transportation
of goods and passengers within the territory, Customs approval shall
be obtained and requirements for Customs control shall be fulfilled.
Customs formalities shall be completed with the Customs for an inward
or outward means of transport to change to transport business within
the territory.
Article 15 Coastal transport
vessels, fishing boats and ships engaged in special operation at
sea may not carry, obtain on an exchange basis, purchase or transfer
inward and outward goods and Articles
without Customs approval.
Article 16 When, owing
to force majeure, an inward or outward vessel or aircraft is forced
to berth, land or jettison and discharge goods and Articles
at a place without a Customs establishment, the person in charge
of the means of transport shall report immediately to the Customs
establishment nearby.
Chapter III Inward and Outward Goods
Article 17 All import
goods, throughout the period from the time of arrival in the territory
to the time of Customs clearance; all export goods, throughout the
period from the time of declaration to the time of departure from
the territory, shall be subject to Customs control.
Article 18 The consignee
for import goods and the consignor for export goods shall make an
accurate declaration and submit the import or export licenses and
relevant papers to the Customs for examination. In the abSense of
import or export license, goods whose importation or exportation
is restricted by the State Council Declaration of import goods should
be made to the State shall not be released. Specific measures for
handling such matters shall be enacted by the Customs by the consignee
within 14 days of the declaration of the arrival of the means of
transport; declaration of export goods shall be made by the consignor
24 hours prior to loading unless otherwise specially approved by
the Customs. Where the consignee fails to declare
the import goods within the time limit prescribed in the preceding
paragraph, a fee for delayed declaration shall be imposed by the
Customs.
Article 19 All imports
and export goods shall be subject to Customs examination. While
the examination is being carried out, the consignee for the import
goods or the consignor for the export goods shall be present and
be responsible for moving the goods and opening and restoring the
package. The Customs shall be entitled to examine or reexamine the
goods or take samples from them without the preSense of the consignee
or the consignor whenever it considers this necessary.
Import and export goods may be exempted from examination if an application
has been made by the consignee or consignor and approved by the
General Customs Administration.
Article 20 Unless specially
approved by the Customs, import and export goods shall be released
upon Customs endorsement only after the payment of duties or the
provision of a guarantee.
Article 21 Where the
consignee fails to declare the import goods to the Customs within
three months of the declaration of the arrival of the means of transport,
the goods shall be taken over and sold off by the Customs. After
the costs of transport, loading and unloading and storage and the
duties and taxes are deducted from the money obtained from the sale,
the remaining sum, if any, shall be returned to the consignee provided
he submits an application to the Customs within one year of the
sale of the goods; if nobody applies within the time limit the money
shall be turned over to the State Treasury. 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 neccessary, 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 returned
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 with 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 formalitites
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 from 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 a 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 the salvage of inward
and outward containers; rules for control over the salvage of inward
and outward goods and sunken shipis 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 bag.
The customs shall promptly dispatch officers to supervise checking
and examination on the spot.
Article 31 Inward and
outward Articles sent
by post shall be posted or delivered by the Customs.
Article 32 Articles
registered with and approved by the Customs for temporarily entering
or leaving the territory duty free, shall be taken out or brought
into the territory again by the owner. Persons passing through the
territory may not leave in the territory, without Customs approval,
the Articles they carry
with them.
Article 33 In accordance
with Article 21 of this
law, the Customs shall dispose of inward and outward Articles
declared to be abandoned by the owner; Articles
to which no one makes a claim or for which Customs formalities are
not completed within the time limit set by the Customs; and inward
postal items which can neither be delivered nor be returned.
Article 34 Inward and
outward Articles intended
for offical or personal use by foreign missions or personnel enjoying
diplomatic privileges and immunities shall be dealt with in accordance
with the Regulations of the People's Republic of China on Diplomatic
Privileges and Immunities.
Chapter V Customs Duties
Article 35 Unless otherwise
provided for in this Law, Customs duties shall be levied according
to the import and export tariff on goods permitted to be imported
or exported and Articles
permitted to enter or leave the territory. The tariff shall be made
known to the public.
Article 36 the consignee
of import goods, the consignor of export goods and the owner of
inward and outward Articles
shall be the obligatory Customs duty payer.
Article 37 The Customs
duty payer of import or export goods shall pay the amount levied
within seven days following the date of issuance of the duty memorandum.
In case of failure to meet this time limit, a fee for delayed payment
shall be imposed by the Customs. Where the delay excceds three months,
the Customs may instruct the guarantor to pay the duties or sell
off the goods to offset the duties. The Customs may inform the bank
to deduct the amount of duties due from the deposits of the guarantor
or the obligatory Customs duty payer when it considers this necessary.
The obligatory Customs duty payer shall make the payment of duties
on inward or outward Articles,
prior to their release.
Article 38 The duty-paying
value of an import item shall be its normal CIF price, which shall
be approved by the Customs; the duty-paying value of an export item
shall be its normal FOB price, which shall be approved by the Customs,
minus the export duty. Where it is impossible to ascertain the CIF
or FOB price, the duty-paying value of an import or export item
shall be fixed by the Customs. The duty-paying value of an inward
or outward Article shall
be fixed by the Customs.
Article 39 Duty reduction
or exemption shall be granted for import or export goods and inward
or outward Articles listed
below:
- Advertising items and trade samples of no commercial
value;
- Materials presented free of charge by foreign governments
or international organizations;
- Goods to which damage or loss has occurred prior to
Customs release;
- Articles
of a quantity or value within the fixed limit;
- Other goods and Articles
specified by law as items for duty reduction or exemption;
and
- Goods and Articles
specified as items for duty reduction or exemption by
international treaties to which the People's Republic
of China is either a contracting or an acceding party.
|
Article 40 Duty reduction
or exemption may be granted for import and export goods of the Special
Economic Zones and other specially designated areas: for import
and export goods of specific enterprises such as Chinese-foreign
equity joint ventures, Chinese-foreign contractual joint ventures
and enterprises with exclusive foreign investment; for import and
export goods devoted to specific purposes; and for materials donated
for use by public welfare undertaking. The State Council shall define
the scope and formulate the rules for such reduction and exemption.
The State Council or departments empowered by the State Council
shall define the scope and formulate the rules for duty reduction
exemption or involved in small volumes of border transactions.
Article 41 All import
goods and Articles for
which duty reduction or exemption is granted in accordance with
the preceding Article
shall be used only in specific areas and enterprises or for specific
purposes. They shall not be utilized otherwise unless Customs approval
is obtained and duties duly paid.
Article 42 Temporary
duty reduction or exemption not specified in Articles 39 and 40
of this Law shall be examined and approved by the general Customs
Administration independently or jointly with the financial department
under the State Council in accordance with the regulations of the
State Council.
Article 43 Temporary
duty exemption shall be granted for goods approved by the Customs
as temporality imported or exported items and for bonded goods imported
by special permission after the consignee or the consignor of the
goods submits to the Customs a guarantee or a deposit of an amount
equal to the duties.
Article 44 Where the
Customs finds that the duties are short-levied or not levied on
a consignment of import or export goods or on an inward or outward
Article after its release,
the Customs shall collect the money payable from the obligatory
Customs duty payer within one year of the previous duty payment
or the release of the item. If the short-levied or non-levied duties
are attributable to the duty payer's violation of the Customs regulations,
the Customs may collect the unpaid amount from him within three
years.
Article 45 Where the
duties are over-levied, the Customs, upon discovery, shall refund
the money without delay. The duty payer may ask the Customs for
refunding within one year of the date of duty payment.
Article 46 Where the
obligatory Customs duty payer is involved in a dispute over duty
payment with the Customs, he shall first pay the duties and may,
within 30 days of the issuance of the duty memorandum, apply to
the Customs in writing for a reconsideration of the case. The Customs
shall reach a decision within 15 days of the receipt of the application.
If the obligatory customs duty payer refuses to accept the decision,
he may apply to the General Customs Administration for a reconsideration
of the case within 15 days of the receipt of the decision. If the
decision of the General Customs Administration is still considered
unacceptable by the obligatory customs duty payer, he may file a
suit in a people's court within 15 days of the receipt of the decision.
Chapter VI Legal Responsibility
Article 47 Evasion of
Customs control in one of the forms listed below shall constitute
a crime of smuggling:
- To transport, carry or send by post into or out of
the territory narcotic drugs, weapons or counterfeit currencies
which are prohibited by the State from being imported
or exported; to transport, carry or send by post into
or out of the territory obscene objects for the purpose
of profit-making or dissemination; or to transport, carry
or send by post out of the territory cultural relics which
are prohibited by the State from being exported;
- To transport, carry or send by post into or out of
the territory, for the purpose of making a profit, Articles
in relatively large quantities or of a relatively high
value which are prohibited by the State from being imported
or exported, but which are not included in Item (1) of
this Article;
and goods or Articles
in relatively large quantities or of a relatively high
value whose importation or exportation is restricted by
the State or which are subject to the collection of Customs
duties according to law; or
- To sell, without Customs approval and payment of duties,
bonded goods imported by special permission or goods listed
for special duty reduction or exemption which are in relatively
large quantities or of a relatively high value. Any armed
smuggling or resistance by violence to Customs examination
of smuggled goods or Articles
shall constitute a crime of smuggling, whatever the quantity
or value of the goods or Articles
involved. The criminal punishments imposed by the people's
court to persons guilty of smuggling include imposing
a fine and the confiscation of the smuggled goods or Articles,
of the means of transport used for smuggling and of the
illegal proceeds obtained therefrom. Where an enterprise,
an institution or a state organ or a public organization
is guilty of smuggling, the judicial organ shall investigate
and determine the criminal responsibility of the person
or person in charge and the person or persons directly
answerable for the offence, and issue an order to impose
a fine on the unit and confiscate the smuggled goods or
Articles, the
means of transport used for smuggling and the illegal
proceeds obtained therefrom.
|
Article 48 If the smuggled
goods and Articles involved
in one of the acts listed under Items (2) and (3) of Article
47 of this Law are not large in quantity not of high value, or where
the carrying or sending by post of obscene objects into or out of
the territory does not yet constitute a crime of smuggling, the
Customs may, while confiscating the goods, Articles
or illegal proceeds obtained therefrom, concurrenly impose a fine
on the person or persons concerned.
Article 49 Any of the
following acts shall be dealt with as a crime of smuggling and shall
be punishable accordance with the provisions of Article
47 of this law:
- To purchase directly and illegally from a smuggler
Articles which
are prohibited by the State from being imported; or to
purchase directly and illegally from a smuggler other
smuggled goods or Articles
in relatively large quantities or of a relatively high
value;
- To transport, purchase or sell on inland or territorial
waters Articles
which are prohibited by the State from being imported
or exported; or to transport, purchase or sell without
legal certification goods or Articles
whose importation or exportation is restricted by the
State and which are in relatively large quantities or
of a relatively high value. Where an act listed in the
preceding paragraphs does not yet constitute a crime of
smuggling, punishment shall be applied in accordance with
the provisions of Article
48 of this Law.
|
Article 50 Any individual
who carries or sends by post Articles
for personal use into or out of the territory in a quantity exceeding
the reasonable limit and fails to declare them to the Customs shall
be made to pay the duties and may be fined.
Article 51 A fine may
be imposed for any of the following acts which violate the regulations
on Customs control prescribed in this Law:
- For a means of trans port to enter or leave the territory
at a place without a Customs establishment;
- To fail to inform the Customs of the arrival and departure
time of a means of transport and the place where it will
stay or any change of such a place;
- To fail to declare truthfully to the Customs the import
or export goods or the transit, transshipment and through
goods;
- To fail to accept, in accordance with relevant regulations,
the checking and examination by the Customs of the means
of transport, goods or Articles
entering or leaving the territory;
- For an inward or outward means of transport to load
or unload inward or outward goods or Articles
or let passengers get on or off without Customs approval;
- For an inward or outward means of transport staying
at a place with a Customs establishment to leave without
Customs approval;
- For an inward or outward means of transport en route
from one place with a Customs establishment to another
with a Customs establishment to move out of the territory
or to a point in the territory where there is no Customs
establishment without completing the clearance formalities
and obtaining Customs approval;
- For an inward or outward means of transport to engage
concurrently in or change to service within the territory
without Customs approval;
- For an inward or outward vessel or aircraft which,
by force majeure, stops or lands at a place without a
Customs establishment, or jettisons or discharges goods
or Articles
in the territory to fail unjustifiably to report to the
Customs authorities nearby;
- To open, pick up, deliver, forward, change, repack,
mortgage or transfer goods under Customs control without
Customs approval;
- to open or break seals affixed by the Customs without
authorization; or
- to violate other provisions specified in this Law concerning
Customs control so that the Customs cannot exercise or
has to suspend control over inward and outward means of
transport, goods or Articles.
|
Article 52 The smuggled
goods and Articles, illegal
incomes and means of transport used for smuggling which are confiscated
and the fines which are imposed by order of the people's court shall
all be turned over to the State Treasury, and so shall be the smuggled
goods and Articles and
illegal incomes which are confiscated and fines which are inposed
by decision of the Customs. It is the responsibility of the Customs
to handle all smuggled goods and Articles
and the means of transport used for smuggling which are confiscated
by order of the people's court or by decision of the Customs and
to turn them over to the State Treasury in accordance with the rcgulations
of the State Council.
Article 53 If the party
concerned objects to the Customs decision of punishment, he may
hand in an application for reconsideration of the case, either to
the Customs establishment making the decision or to one at the next
highe level within 30 days of the receipt of the notification punishment
or, in case notification is impossible, within 30 days of the public
announcement of punishment. If the party concerned finds the decision
reached after reconsideration still unacceptable, he may file a
suit in a people's court within 30 days of the receipt of the decision.
The party concerned may also file suit directly in people's court
within 30 days of the receipt of the notification on punishment
or within 30 days of the public announcement of the punishment.
If the party concerned refuses to carry out the Customs decision
and fails to apply for a reconsideration of the case or file a suit
in people's court within the prescribed time limit, the Customs
establishment making the decision of punishment may confiscate the
deposit of the party concerned or sell off the goods, Articles
or means of transport it has detained to substitute for the penalty,
or ask the people's court for mandatory execution of the decision.
Article 54 If the Customs
causes damage to any inward goods or Articles
while examining them, it shall make up for the actual loss from
such damage.
Article 55 The criminal
responsibility of any Customs personnel who divide up confiscated
smuggled goods or Article
among themselves shall be investigated and determined in accordance
with Article 155 of the
Criminal Law of the People's Republic of China. No Customs personnel
shall be allowed to purchase confiscated smuggled goods or Articles.
Those who have done so shall be made to return the goods or Articles,
and may be given a disciplinary sanction.
Article 56 Any Customs
personnel who abuse their powers and intentionally create difficulties
in or procrastinate the control and examination process shall be
given a disciplinary sanction. Those who act illegally for personal
gains neglect their duties or connive at smuggling shall be given
a disciplinary sanction or investigated for criminal responsibility
in accordance with the law, depending on the seriousness of the
case.
Chapter VII Supplementary Provisions
Article 57 Terms used
in this Law are defined as follows:
- The term 'inward and outward means of transport' means
various types of vessels, vehicles, aircraft an pack animals
which enter or leave the territory carrying persons, goods
or Articles.
- The term 'transit, transshipment and through goods'
means goods which come from a place outside the territory
and pass through the territory en route to a place outside
the territory. Among them, 'transit goods' are those which
pass through the territory by land, 'transshipment goods'
are those which do not pass through the territory by land
but are loaded on a different means of transport at a
place with a Customs establishment, and 'through goods'
are those which are carried into and out of the territory
by the same vessel or aircraft.
- The term 'goods under Customs control' means import
and export goods and transit goods, transshipment goods
and through goods listed under Article
17 of this Law, temporarily imported and exported goods,
bonded goods and other inward and outward goods for which
Customs formalities have not been completed.
- The term 'bonded goods' means goods which have entered
the territory by approval of the Customs as items for
which no formalities have been performed in the way of
duty payment and which will be reshipped out of the territory
after being stored, processed or assembled on the territory.
- The term 'Customs surveillance zone' means any seaport,
railway or highway station, airport, border pass or international
postal matter exchange station where there is a Customs
establishment, any other place where Customs control is
exercised, and any place without a Customs establishment
which has been approved by the State Council as a point
of entry into and exit from the territory.
|
Article 58 The Customs,
shall reward units or individuals for meritorious service in providing
information or assistance which leads to the discovery and seizure
of offenders against this Law. It shall keep the identities of such
units or individuals strictly confidential.
Article 59 The State
Council shall draw up rules governing control over the means of
transport, goods and Articles
going between the Special Economic Zones and other specially designated
areas and other parts of the territory.
Article 60 The General
Customs Administration shall, pursuant to this Law, formulate rules
of implementation to be reported to the State Council for approval
before they come into force.
Article 61 This Law shall
go into effect as of July 1, 1987. The Provisional Customs Law of
the People's Republic of China promulgated by the Central People's
Government on April 18, 1951, shall be annulled therefrom.
|