Decree of the General Administration of Customs No.169

Measures of the Customs of the People's Republic of China for the Administration of Centralized Declaration of Import and Export Goods, which were deliberated and adopted at the executive meeting of the General Administration of Customs on January 4th, 2008, are hereby promulgated and shall enter into force as of May 1st, 2008.

Mou Xinsheng

January 24th, 2008

Measures of the Customs of the People's Republic of China for the Administration of Centralized Declaration of Import and Export Goods

Article 1
With a view to facilitating the declaration formalities by the consignees and consignors of import and export goods, enhancing the customs clearance efficiency of import and export goods and regulating the declaration administration of import and export goods, these Measures are formulated in accordance with the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law).

Article 2
The term "centralized declaration" as mentioned in these Measures means such a special customs clearance method that a consignee or consignor of import or export goods (hereinafter referred to as the consignee or consignor), who intends to import or export the goods within the scope as prescribed in Article 3 of these Measures in several batches at one port upon archival filing at the customs, may firstly declare the import or export of goods upon the strength of the List of the Customs of the People's Republic of China on the Centralized Declaration of Import Goods (see Attachment 1) or the List of the Customs of the People's Republic of China on the Centralized Declaration of Export Goods (see Attachment 2) (hereinafter collectively referred to as the List of Centralized Declaration), and then handle the customs formalities in a centralized manner upon the strength of customs declaration lists.

The consignee or consignor of import or export goods may entrust a customs declaration enterprise in the management category of B or above for going through the related formalities of centralized declaration.

Article 3
Upon archival filing at the customs, the following import and export goods may apply the method of centralized declaration for customs clearance:
1. Goods such as books, newspapers, periodicals and other publications that have strong efficiency;
2. Dangerous goods, fresh goods, perishable goods, goods that are easy to lose efficacy and other goods not suitable for long-term storage; and
3. Bonded goods exited or entered via road ports.

Article 4
The consignee or consignor shall go through the archival filing formality of centralized declaration at the customs where the goods are placed, and the processing trade enterprise shall go through the archival filing formality of centralized declaration at the competent customs house.

Article 5
Where a consignee or consignor applies for the archival filing formality of centralized declaration, he shall submit the Archival Filing Form on the Application of the Method of Centralized Declaration for Customs Clearance (hereinafter referred to as the Archival Filing Form, see Attachment 3), and simultaneously offer the guaranty meeting the requirements of the customs with the validity term of security not less than three months.

The customs shall examine the Archival Filing Form submitted by the consignor or consignee, and shall approve the archival filing if the form is in compliance with these Measures.

In case the consignee or consignor, who is suspected of smuggling or regulation-breaking, and is being put on files by the customs for investigation, subject to administrative penalties due to the import and export of goods infringing on intellectual property rights, or applies the management category of C or D, imports or exports the goods as listed in Article 3 of these Measures, the method of centralized declaration for customs clearance may not apply.

Article 6
Within the validity term of archival filing, the consignee or consignor may adopt the method of centralized declaration for customs clearance. The validity term of archival filing shall be verified in light of the validity term of guaranty provided by the consignee or consignor.
In case of any change in the goods for which the method of centralized declaration for customs clearance is applied or change in the guaranty, etc., the consignee or consignor shall file a written application for alteration with the original archival filing customs.
The validity term of archival filing may be extended at expiration. Where a consignee or consignor needs to continuously adopt the method of centralized declaration for customs clearance, he shall, ten days before expiration of the validity term of archival filing, file a written application for extension with the original archival filing customs.

Article 7
In case a consignee or consignor is under any of the following circumstances, the method of centralized declaration for customs clearance shall be terminated:
1. The conditions for guaranty are changed, and no valid guaranty can be continuously provided any more;
2. The consignor or consignee is suspected of smuggling or regulation-breaking and is being put on files by the customs for investigation;
3. The consignor or consignee is subject to administrative penalties by the customs due to the import or export of goods infringing on intellectual property rights; or
4. The classified customs management category is degraded to C or D.
The consignee or consignor may voluntarily apply for terminating adopting the method of centralized declaration for customs clearance within the validity term of archival filing.

Article 8
Where a consignee or consignor fails to apply for extension to the original archival filing customs before expiration of the validity term of archival fling, the validity of the Archival Filing Form shall be terminated. If the consignee or consignor needs to continuously go through the customs clearance formality in light of the method of centralized declaration, he shall file a new application for archival filing.

Article 9
The consignee or consignor that goes through the customs formality by adopting the method of centralized declaration for customs clearance in accordance with these Measures shall fill in the List of Centralized Declaration and make customs declaration within 14 days as of the day when the means of transport of import goods is declared to enter the territory, or after the export goods are transported into the custody area of the customs and 24 hours before the loading of export goods.

Where the consignee makes import declaration at the customs 14 days after the means of transport is declared to enter the territory, the method of centralized declaration for customs clearance may not be applied. And the consignee shall make declaration at the customs upon the strength of the customs declaration form.

Article 10
When examining the electronic data on the list of centralized declaration, the customs shall check and deduct the data in the processing trade brochure (account) or electronic account for the bonded goods, and shall check the archival filing data on centralized declaration for the goods of general trade.

In case, upon examination, the customs finds the inconsistency between the electronic data on the list of centralized declaration and the archival filing data on centralized declaration, the list shall be returned. And the consignee or consignor shall make customs declaration in the form of a customs declaration form.

Article 11
The consignee or consignor shall, within three days after the customs has completely examined the electronic data on the list of centralized declaration, go through the formality for the submission of documents and the customs clearance upon verification at the customs where the goods are placed upon the strength of the List of Centralized Declaration and the accompanied documents. Where the goods are subject to licensing administration, the consignee or consignor shall submit a corresponding licensing certificate in addition, and the customs house shall make postil on the corresponding certificate and keep a photocopy.

In case the consignee or consignor fails to go through the related customs formality within the time limit as prescribed in Paragraph 1 of this Article, the customs shall delete the electronic data on the list of centralized declaration, and the consignee or consignor shall make declaration at the customs again. Where the date for new declaration is later than 14 days after the means of transport is declared to enter the territory, the declaration shall be made upon the strength of the customs declaration form.

Article 12
Where a consignee or consignor applies for altering or canceling the List of Centralized Declaration after the declaration of the list, he shall go through the formalities in light of the Measures of the Customs of the People’s Republic of China for the Administration on Alteration and Cancellation of Customs Declaration Forms.

Article 13
The consignee or consignor shall incorporate the data declared on the List of Centralized Declaration in every month, fill in the customs declaration form on import and export goods, and go through the formality for centralized declaration at the customs ten days before the next month for the goods of general trade or before the end of the next month for the bonded goods.

The formality of centralized declaration for the goods of general trade may not be gone through beyond the year.

Article 14
Where the Lists of Centralized Declaration are incorporated into one customs declaration form, the entry-exit ports, operating entities, domestic consignors or consignees, trade methods (supervisory methods), countries (regions) of departure, ports of loading, countries(regions) of arrival, modes of transport and the tax rates and exchange rates applicable on various sheets shall be consistent.

In case the items as prescribed in the preceding paragraph of this Article on various lists are inconsistent, the consignee or consignor shall make declaration by separately incorporating the foresaid lists into different customs declaration forms. In case the incorporation of inconsistent items really can not be made, the consignee or consignor shall make declaration by filling in a separate customs declaration form.

When various lists are incorporated into one customs declaration form, the commodity items stated in these lists may be incorporated in terms of quantity and total price, provided that all the commodity serial numbers, commodity names, specifications, units, countries (regions) of origin, unit prices and currencies are consistent.

Article 15
When a consignee or consignor goes through the customs formality upon the strength of customs declaration forms for the goods as declared in the List of Centralized Declaration, he shall go through the duty payment formality for the dutiable goods in accordance with the customs provisions, and shall submit a corresponding license as remarked and commented on by the customs if the licensing administration is involved.

Article 16
As for the goods for which the method of centralized declaration for customs clearance is adopted, the customs shall calculate and collect taxes and fees in light of the tax rate and the exchange rate executed on the day when the declaration of the list is accepted.

Article 17
After a consignee or consignor has gone through the customs formality of centralized declaration, the customs shall issue a certification page of the customs declaration form based on the customs declaration form on the centralized declaration of import and export goods. And the "day of import or export" shall be the day when the customs accepts the declaration of the customs declaration form.

Article 18
The customs shall incorporate the goods of centralized declaration into the customs statistics in light of the "day of import or export" on the customs declaration form.

Article 19
As for the goods transported from any other region within the territory of the People’s Republic of China into the zone under special customs surveillance or the bonded surveillance area, the formality of customs clearance as required to be made by way of centralized declaration shall be gone through in accordance with these Measures, unless there are other provisions prescribed by the customs.

Article 20
Where anyone violates these Measures and commits the smuggling or violation of the provisions on customs surveillance or the Customs Law, he shall be punished in accordance with the Customs Law, the Regulations of the People’s Republic of China on the Implementation of Customs Administrative Punishments and other related laws and regulations; and if a crime is constituted, he shall be subjected to criminal liabilities.

Article 21
The General Administration of Customs shall be responsible for interpreting these Measures.

Article 22
These Measures shall enter into force as of May 1st, 2008.
Attachments:
1. List of the Customs of the People's Republic of China on the Centralized Declaration of Import Goods (omitted)
2. List of the Customs of the People's Republic of China on the Centralized Declaration of Export Goods (omitted)
3. Archival Filing Form on the Application of the Method of Centralized Declaration for Customs Clearance (omitted).