THE MEASURES FOR THE ADMINISTRATION OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA FOR THE INSPECTION OF IMPORTED AND EXPORTED GOODS
General Administration of Customs Order of the General Administration of Customs No. 138 The Measures for the Administration of the Customs of the People’s Republic of China for the Inspection of Imported and Exported Goods, Director, Mou Xinsheng December 28, 2005 The Measures for the Administration of the Customs of the People’s Republic of China for the Inspection of Imported and Exported Goods Article 1 These Measures are formulated in accordance with the Customs Law of the People’s Republic of China (hereinafter referred to as the Article 2 The “inspection of imported and exported goods” (hereinafter referred to as the inspection) as mentioned in these Measures refers Article 3 The inspection shall be jointly conducted by two or more customs inspectors. The inspectors shall, when carrying out the inspection, Article 4 The inspection shall be conducted within the customs supervisory area. Where the inspection is unfit to be conducted within the customs supervisory area because the goods can be easily affected by the Article 5 When carrying out the inspection, the customs house may conduct either thorough inspection or selective inspection. The inspection The customs house may, in light of the situation of goods and the actual requirements for law enforcement, determine the specific Article 6 The customs house shall, before carrying out the inspection of imported and exported goods, ask the consignee or consigner of imported Article 7 The consignee or consigner of imported and exported goods or the agent thereof shall, when the inspection of goods is carried out, Article 8 In case the imported and exported goods are special or easy to be damaged due to improper opening or moving and it is necessary for Article 9 Where it is necessary to pick up samples or conduct testing during the course of inspection to further determine or distinguish the Article 10 Upon inspection, the inspectors shall faithfully fill in the inspection records and affix their signatures thereon. The inspection Article 11 Under any of the following circumstances, the customs house may re-inspect those goods that have been inspected: (1) The true nature of goods has not been found upon the first inspection, and it is necessary to further determine some characteristics (2) The goods are suspected of being involved in a case of smuggling, and it is necessary to conduct a new inspection; (3) The consignee or consigner of imported and exported goods holds objection to the inspection conclusion of the customs house and requires (4) Any other circumstance under which a new inspection is necessary as required by the customs house. The re-inspection shall be conducted according to Articles 6 up to 10 of these Measures, and the inspectors shall indicate the words Those inspectors who have participated in the first inspection shall not take part in the re-inspection of the same goods. Article 12 Under any of the following circumstances, the customs house may directly open the package of goods for inspection even if the consignee (1) The imported and exported goods are suspected as illegal; or (2) The consignee or consigner of imported and exported goods or the agent thereof does not enter an appearance on time after he is notified When the customs house directly opens the package of goods for inspection, the operator of the customs supervisory area where the Article 13 As to those goods that are dangerous, fresh and live, decayable, perishable, or easy to lose efficacy or be deteriorated and are not Article 14 The consignee or consigner of imported and exported goods or the agent thereof who violates these Measures shall be punished by the Article 15 In case the customs house causes any damage to the goods being inspected when it carries out the inspection of imported and exported Article 16 Any inspector who violates the provisions during the course of inspection and makes use of his authorities to seek interests for himself Article 17 The customs house shall not collect fees when it carries out the inspection within the customs supervisory area. Where the customs The fees incurred from moving, opening or resealing of packages of imported and exported goods due to the inspection shall be borne In the case of goods inspection outside the customs supervisory area, the consignee or consigner of imported and exported goods or Article 18 The following terms in these Measures shall have the meaning herein defined: The “outside inspection” refers to an inspection method to examine the packages, marks and appearance, etc. of those goods that have The “inspection by package opening” refers to an inspection method to examine the actual situation of goods after the goods are taken The “machine inspection” refers to an inspection method to examine the actual situation of goods by mainly making use of technical The “selective inspection” refers to an inspection method to selectively examine the actual situation of a certain proportion of goods The “thorough inspection” refers to an inspection method to examine the actual situation of goods by opening packages article by article. Article 19 The power to interpret these Measures shall remain with the General Administration of Customs. Article 20 These Measures shall come into force as of February 1, 2006. |
General Administration of Customs
2005-12-28