Decree No. 158 of the General Administration of Customs
No. 158
The Provisions of the Customs of the People’s Republic of China about the Administration of the Commodity Classification of Import
and Export Goods have been deliberated and adopted at the executive meeting of the General Administration of Taxation on February
14, 2007. They are hereby promulgated and shall enter into force as of May 1, 2007. The Interim Measures of the Customs of People’s
Republic of China for the Preliminary Commodity Classification of Import and Export Goods as promulgated by Decree No. 80 of the
General Administration of Customs on February 24, 2000 shall be concurrently annulled.
Director Mou Xinsheng
March 2, 2007
Provisions of the Customs of the People’s Republic of China about the Administration of the Commodity Classification of Import and
Export Goods
Article 1
In order to regulate the commodity classification of import and export goods and guarantee the accuracy and unification of commodity
classification results, the present Provisions are formulated in accordance with the Customs Law of the People’s Republic of China
(hereinafter referred to as the Customs Law), the Regulation of the People’s Republic of China on Import and Export Duties (hereinafter
referred to as the Duty Regulation) as well as other related laws and administrative regulations.
Article 2
The term commodity classification as referred to in the present Provisions means the activities of determining the commodity codes
of import and export goods under the commodity classification catalogue system of the Convention on the Commodity Name and the Code
Coordination System, on the basis of the Customs Import and Export Tariff of the People’s Republic of China and as required in the
Annotations on Commodities and Articles under the Customs Import and Export Tariff, the Annotations on Domestic Sub-categories of
the Customs Import and Export Tariff of the People’s Republic of China as well as the administrative rules and the decisions on commodity
classification as promulgated by the General Administration of Customs.
Article 3
The present Provisions shall apply to the commodity classification of import and export goods by the consignees and consignors of
import and export goods or the agents thereof (hereinafter referred to as the consignee and the consignor or the agents thereof)
and the examination and determination of commodity classification by the customhouses as well.
Article 4
The commodity classification of import and export goods shall comply with the principles of objectivity, accuracy and unification.
Article 5
The commodity classification of import and export goods shall be confirmed according to the actual condition of goods at the time
of declaration to the customhouse by the consignee and the consignor or the agents thereof. As regards the goods imported and exported
by advance declaration, the commodity classification of which shall be confirmed according to the actual condition of goods when
they are shipped to the sites under customs surveillance. If there are otherwise provisions in any law, administrative regulation
or the rule of the General Administration of Customs, such provisions shall prevail.
Article 6
The consignee and the consignor or the agents thereof shall authentically and accurately declare the names and specifications, etc.
of import and export goods in accordance with the laws, administrative regulations and the requirements of the customhouse, and carry
out the commodity classification of import and export goods as declared, and determine the commodity codes accordingly.
Article 7
As regards varieties of import goods that are simultaneously shipped to a same port by a same transport vehicle, and belong to a
same consignee using a same bill of lading, and shall be classified into a same commodity code in accordance with the rules for commodity
classification, the consignee or the agent thereof shall incorporate related commodities into this commodity code and make declarations
to the customhouse together. If it is otherwise stipulated by the provisions in any law, administrative regulation or rule of the
General Administration of Customs, such provisions shall prevail.
Article 8
If the consignor or consignee or the agent thereof provides to the customhouse the materials relating to any business secret and
requires the customhouse to keep confidential, an application in written form shall be submitted to the customhouse in advance, and
the contents for confidentiality shall be listed explicitly, and the customhouse shall keep confidential for the said materials.
No consignor or consignee or the agent thereof may refuse to provide related materials to the customhouse in excuse of business secret.
Article 9
The customhouse shall verify the names, specifications and commodity codes of import and export goods as declared by the consignor
and the consignees or the agents thereof.
Article 10
When verifying the commodity classification of the goods as declared by the consignor and the consignee or the agents thereof, the
customhouse may exercise the following official powers in accordance with the Customs Law and the Duty Regulation, and the consignor
and the consignee or the agents thereof shall assist in coordination:
(1)
it may consult and copy related documents and materials;
(2)
it may require the consignor and the consignee or the agents thereof to provide necessary samples and related materials on goods;
and
(3)
it may organize the tests and inspections of import and export goods, and carry out the commodity classification in light of the testing
and inspection results as confirmed by the customhouse.
Article 11
The customhouse may require the consignor and the consignee or the agents thereof to provide the materials as required for determining
the commodity classification, and may require them to make complementary declarations if necessary.
Where any consignor or consignee or the agent thereof conceals related information or delays providing or refuses to provide related
documents or materials, the customhouse may verify and determine the commodity classification of import and export goods in light
of the contents as declared.
Article 12
Where any incorrect commodity code as declared by a consignor or consignee or the agent thereof is found upon verification, the customhouse
may re-determine a new commodity code as required in the provisions of the Measures for the Administration of the Customs of the
People’s Republic of China on the Collection of Duties concerning Import and Export Goods as well as the related rules and provisions
on the commodity classification, and shall inform the consignor or consignee or the agent thereof to modify or delete the customs
declaration form under the Measures for the Administration of the Customs of the People’s Republic of China on the Modification and
Withdrawal of Customs Declaration Forms of Import and Export Goods and other related provisions.
Article 13
Where a commodity code as declared by the consignor and the consignee or the agents thereof needs to be modified, they shall submit
an application to the customhouse in accordance with the Measures for the Administration of the Customs of the People’s Republic
of China on the Modification and Withdrawal of Customs Declaration Forms of Import and Export Goods and other related provisions.
Article 14
Where the consignor and the consignee or the agents thereof require to discharge their goods before the verification on the commodity
classification of goods by the customhouse, they shall provide the guarantee in accordance with the related provisions on the guarantee
for customs affairs.
The customhouse shall not handle the discharge of the goods with guarantee on the ground that a permit certificate shall be provided
due to the restrictions on the entry and exit goods of the state, but the permit certificate can not be provided, or any other circumstance
under which the guarantee shall not be applied as prescribed by any law or administrative regulation occurs.
Article 15
A business unit of import and export goods as registered at the customhouse (hereinafter referred to as the applicant) may apply
to the customhouse directly under the General Administration of Customs for the preliminary commodity classification (hereinafter
referred to as pre-classification) of the goods to be imported or exported 45 days before the actual import or export of goods.
Article 16
When applying for the pre-classification, the applicant shall fill in and file an Application Form of the Customs of the People’s
Republic of China for the Pre-classification of Goods (see Attachment 1 for the format).
An application for pre-classification shall be submitted to the customhouse directly under the General Administration of Customs at
the place where the goods to be actually imported or exported are located.
Article 17
Where the customhouse directly under the General Administration of Customs regards upon verification that the commodity classification
matter under the application for pre-classification has been explicitly prescribed in the Customs Import and Export Tariff of the
People’s Republic of China, the Annotations on Commodities and Articles under the Customs Import and Export Tariff, the Annotations
on Domestic Sub-categories of the Customs Import and Export Tariff of the People’s Republic of China, as well as any administrative
ruling or decision on commodity classification as promulgated by the General Administration of Customs, it shall make and issue a
Written Decision of the Customs of the People’s Republic of China on the Pre-classification of Goods (hereinafter referred to as
the Written Decision on the Pre-classification, see Attachment 2 for the format) within 15 workdays as of the receipt of an application,
and inform the decision to the applicant.
Article 18
When importing or exporting the goods as described in the Written Decision on the Pre-classification within the region under the
jurisdiction of the customhouse directly under the General Administration of Customs that made and issued this Written Decision on
the Pre-classification, the applicant shall initiatively submit the Written Decision on the Pre-classification to the customhouse.
In case an applicant imports or exports the goods as described in the Written Decision on the Pre-classification in an actual condition,
and makes declaration in accordance with the Written Decision on the Pre-classification, the customhouse shall carry out the verification
and discharge the goods in light of the classification opinions as determined in the Written Decision on the Pre-classification.
Article 19
In case of any error in the contents of the Written Decision on the Pre-classification, the customhouse directly under the General
Administration of Customs that made and issued the Written Decision on the Pre-classification shall timely make and issue a Circular
of the Customs of the People’s Republic of China on Revoking the Written Decision on the Pre-classification (hereinafter referred
to as the Circular, see Attachment 3 for the format), and inform the applicant to stop using the said Written Decision on the Pre-classification.
In case of any alteration in the related provisions on which the Written Decision on the Pre-classification is based that leads to
the non-application of the Written Decision on the Pre-classification, the customhouse directly under the General Administration
of Customs that made and issued the Written Decision on the Pre-classification shall make and issue a Circular or publicize an announcement,
and inform the applicant to stop using this Written Decision on the Pre-classification.
Article 20
Where the customhouse directly under the General Administration of Customs regards upon verification that the commodity classification
matter under the application for pre-classification has not been explicitly prescribed in the Customs Import and Export Tariff of
the People’s Republic of China, the Annotations on Commodities and Articles under the Customs Import and Export Tariff, the Annotations
on Domestic Sub-categories of the Customs Import and Export Tariff of the People’s Republic of China, any administrative ruling or
decision on commodity classification as publicized by the General Administration of Customs, it shall inform the applicant to apply
for an administrative ruling in accordance with the provisions within seven workdays as of the receipt of an application.
Article 21
The General Administration of Customs may make a decision on commodity classification that has the universal binding force on the
import and export goods in accordance with related laws and administrative regulations.
The commodity classification decision on identical goods shall apply to the import or export of identical goods.
Article 22
The General Administration of Customs shall publicize the commodity classification decisions.
Article 23
In case of any alterations in any law, administrative regulation or any other related provision on which a commodity classification
decision is based, the commodity classification decision shall be invalid simultaneously.
The General Administration of Customs shall publicize the decision on the invalidity of a commodity classification.
Article 24
In case of any error in the decision on the commodity classification as found by the General Administration of Customs, such decision
shall be annulled in a timely manner.
The annulment of a decision on commodity classification shall be publicized by the General Administration of Customs. The decision
on commodity classification as annulled shall be invalid as of the date of annulment.
Article 25
The duty refund, recovery of duties or collection of late fees due to the commodity classification shall be handled in accordance
with the related laws, administrative regulations and the rules of the General Administration of Customs.
Article 26
Anyone that is in violation of the present Provisions and commits the smuggling act, or is in violation of the customs surveillant
provisions or the Customs Law shall be punished by the customhouse in accordance with the Customs Law and the Regulation of the Customs
of the People’s Republic of China on the Implementation of Administrative Penalties; and if a constituted crime, it shall be subject
to criminal liabilities.
Article 27
The present Provisions shall be subject to the interpretation of General Administration of Customs.
Article 28
The present Provisions shall enter into force as of May 1, 2007. The Interim Measures of the Customs of People’s Republic of China
for the Preliminary Commodity Classification of Import and Export Goods promulgated by Decree No. 80 of the General Administration
of Customs on February 24, 2000 shall be concurrently abrogated.
Attachments:
1. Application Form of the Customs of the People’s Republic of China for the Pre-classification of Goods(Omitted)
2. Written Decision of the Customs of the People’s Republic of China on the Pre-classification of Goods(Omitted)
3. Circular of the Customs of the People’s Republic of China on Revoking the Written Decision on the Pre-classification(Omitted)
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