Decision of the General Administration of Customs on Revising Certain Regulations
Decision of the General Administration of Customs on Revising Certain Regulations
Decision of the General Administration of Customs on Revising Certain Regulations
Order of the General Administration of Customs No. 218
March 13, 2014
The Decision of the General Administration of Customs on Revising Certain Regulations which was deliberated and adopted at the executive meet of the General Administration of Customs on February 13, 2014, is hereby promulgated and becomes effective as of the date of promulgation.
Decision of the General Administration of Customs on Revising Certain Regulations
In order to effectively promote streamlining administration and delegating more power to lower levels as well as the transformation of government functions, and deepen the reform of the system concerning matters subject to government examination and approval, according to the Decision of the Standing Committee of the National People's Congress on Amending Seven Laws Including the Law of the People's Republic of China on the Protection of the Marine Environment (Order of the President of the People's Republic of China), the Decision of the State Council on Revising Some Administrative Regulations (Order of the State Council No. 645), and the Decision of the State Council on Cancellation and Delegation of a Batch of Administrative Examination and Approval Items (Guo Fa [2013] No. 44), the General Administration of Customs decides to revise 15 regulations including the Measures of the Customs of the People's Republic of China on the Administration of Bonded Groups Processing Imported Materials as below:
Article 1 The Measures of the Customs of the People's Republic of
1. Article 8 thereof, "Before a bonded group processes imported materials or parts as necessary for export products, its leading enterprise shall go through the contract registration and record-filing formalities with the Customs by presenting the Imported Materials Processing Approval issued by the competent economic and trade department with the duplicate of the contract or the order card. After certifying them correct upon examination and verification, the Customs issues to the enterprise the Registration Handbook for Processing Imported Materials (hereinafter referred to as the "Registration Handbook") of which the stamp of "Goods of Bonded Group" is affixed to the upper right corner." is revised as "Before a bonded group processes imported materials or parts as necessary for export products, its leading enterprise shall go through the handbook setup formalities with the Customs by presenting the Imported Materials Processing Approval issued by the competent economic and trade department with the duplicate of the contract or the order card, and the Customs shall issue the Registration Handbook for Processing Imported Materials (hereinafter referred to as the "Registration Handbook") of which the stamp of "Goods of Bonded Group" is affixed to the upper right corner."
2. Article 10 thereof, "Where the Customs approves that the materials or parts imported by a bonded group are fully bonded, the leading enterprise of the group shall, as required, pay supervision fees to the Customs. The imported materials or parts shall be deposited in a designated bonded warehouse, and the Customs shall supervise the materials or parts according to the administrative measures for bonded warehouses and the goods deposited therein when such materials or parts are shipped out of the warehouse for processing. When the bonded import materials or parts are processed, the Customs shall supervise them according to the administrative measures for bonded factories. The export of the finished products that have been processed is exempted from export duties, and the export goods permit shall also be submitted to the Customs for examination if such products are the commodities subject to the export permit administration." is revised as "Where the Customs approves that the materials or parts imported by a bonded group are fully bonded, the leading enterprise of the group shall, as required, go through the formalities with the Customs. The imported materials or parts shall be deposited in a designated bonded warehouse, and the Customs shall supervise the materials or parts according to the administrative measures for bonded warehouses and the goods deposited therein when such materials or parts are shipped out of the warehouse for processing. When the bonded import materials or parts are processed, the Customs shall supervise them according to the administrative measures for bonded factories. The export of the products that are finished upon processing is exempted from export duties, and the export goods permit shall also be submitted to the Customs for examination if such products are the commodities subject to the export permit administration."
3. Article 14 thereof, "Bonded import materials or parts shall be processed into finished products and exported for buyback within one year after the day of import. If the time limit needs to be extended for any special circumstance, the leading enterprise of a bonded group shall file an application in writing with the Customs, provided that such extended time limit shall not exceed one year. If such materials or parts fail to be processed into finished products for re-export or to be turned into imports at the expiry of such extended time limit, relevant provisions of the Customs Law apply." is revised as "Bonded import materials or parts shall be processed into finished products and exported for buyback within one year after the day of import. If the time limit needs to be extended for any special circumstance, the leading enterprise of a bonded group shall go through the change formalities for such extended time limit with the Customs, provided that such extended time limit shall not exceed one year. If such materials or parts fail to be re-exported upon being processed into finished products or to be turned into imports, after the expiry of such extended time limit, the Customs shall legally handle the case according to relevant provisions."
Article 2 The Administrative Measures of Customs of the People's Republic of
1. Article 5 thereof, "Any operator that engages in the third place processing trade must, by presenting the Approval Certificate for Processing Trade Business issued by the competent economic and trade department at the place where such operator is located and the Production Capacity Certificate for Processing Enterprise under Processing Trade issued by the competent economic and trade department at the place where the processing enterprise is located, make out the Application Form of the Customs of the People's Republic of China for Third Place Processing Trade (see Appendix 1 for the format thereof, hereinafter referred to as the "Application Form"), and file an application for third place processing with the Customs in charge of the operator." is revised as "Any operator that engages in the third place processing trade shall, by presenting the Approval Certificate for Processing Trade Business issued by the competent economic and trade department at the place where such operator is located and the Production Capacity Certificate for Processing Enterprise under Processing Trade issued by the competent economic and trade department at the place where the processing enterprise is located, make out the Declaration Form of the Customs of the People's Republic of China for Third Place Processing Trade (see Appendix 1 for the format thereof, hereinafter referred to as the "Declaration Form"), and go through the formalities for third place processing with the Customs in charge of the operator."
2.
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