(Adopted at the 19th Meeting of the Standing Committee of the Sixth National People’s Congress on January 22, 1987, promulgated by
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II INWARD AND OUTWARD MEANS OF TRANSPORT
CHAPTER III INWARD AND OUTWARD GOODS
CHAPTER IV INWARD AND OUTWARD ARTICLES
CHAPTER V CUSTOMS DUTIES
CHAPTER VI LEGAL RESPONSIBILITIES
CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS Article 1. This Law is formulated for the purpose of safeguarding state sovereignty and interests, strengthening supervision and control by Article 2. The Customs of the People’s Republic of China shall be the state organ responsible for supervision and control over everything entering Article 3. The State Council shall set up the General Customs Administration which shall exercise unified administration of the customs establishments The state shall set up customs establishments at ports open to foreign countries and regions and at places which call for concentrated The customs establishments shall exercise their functions and powers independently in accordance with the law, and shall be responsible Article 4. A customs establishment shall exercise the following powers: (1) to check inward and outward means of transport and examine inward and outward goods and articles; to detain those entering or (2) to examine the papers and identifications of persons entering or leaving the territory; to interrogate those suspected of violating (3) to examine and make copies of contracts, invoices, book accounts, bills, records, documents, business letters and cables, audio (4) to search, within a customs surveillance zone and the specified coastal or border area in the vicinity of a customs establishment, The scope of the specified coastal or border area in the vicinity of a customs establishment shall be defined by the General Customs (5) Customs officers may chase means of transport or persons defying and escaping from customs supervision and control to places beyond (6) A customs establishment may be provided with arms for the performance of its duties. Rules governing the carrying and use of 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 Article 6. Unless otherwise provided for, all import and export goods shall be declared and duties on them paid by declaration enterprises Article 7. Customs personnel shall abide by the laws and regulations, enforce the law impartially, be devoted to their duties and render services No unit or individual may obstruct the Customs from performing its duties according to law. Where a customs officer meets with resistance while carrying out his duties, the public security organ and the People’s Armed Police
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 The inward and outward means of transport staying at a place with a customs establishment shall not depart from it without prior permission Before an inward or outward means of transport moves from one place with a customs establishment to another place with a customs establishment, 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 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 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 Upon the completion of such loading or unloading, the person in charge of the means of transport shall submit to the Customs documents Those boarding or getting off an inward or outward means of transport who carry articles with them shall truthfully declare to the 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 In accordance with work requirements, the Customs may dispatch officers to perform duties on board the means of transport. The person Article 13. An inward means of transport of countries or regions outside the territory or an outward means of transport of units or enterprises Article 14. Where inward or outward vessels and aircraft are concurrently engaged in transportation of goods and passengers within the territory, Customs formalities shall be completed with the Customs for an inward or outward means of transport to change to transport business Article 15. Coastal transport vessels, fishing boats and ships engaged in special operations at sea may not carry, obtain on an exchange basis, 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
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, Article 18. The consignee for import goods and the consignor for export goods shall make an accurate declaration and submit the import or export Declaration of import goods shall be made to the Customs by the consignee within 14 days of the declaration of the arrival of the Where the consignee fails to declare the import goods within the time limit prescribed in the preceding paragraph, a fee for delayed Article 19. All import and export goods shall be subject to customs examination. While the examination is being carried out, the consignee Article 20. Unless specially approved by the Customs, import and export goods shall be released upon customs endorsement only after the payment 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 Inward goods confirmed by the Customs to be misdischarged or over-discharged may be returned to the place of consignment or imported Where goods listed in the preceding two paragraphs are not suitable for storage over a long period, the Customs may, according to 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 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 Article 23. The operation of the storage, processing and assembling and consignment sales of bonded goods shall be approved by and registered Article 24. Customs formalities for import goods shall be completed by the consignee at the customs establishment at the place where the goods If applied for by the consignee or the consignor and approved by the Customs, customs formalities for import goods may be completed Where goods enter or leave the territory by electric cables, pipelines or other special means of conveyance, the management units Article 25. All transit, transshipment and through goods shall be truthfully declared by the person in charge of the means of transport to the 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 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 The storage of goods under customs control at a place outside a customs surveillance zone shall be approved by the Customs and subject Article 27. The General Customs Administration shall draw up, independently or jointly with the relevant departments under the State Council,
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 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 The postal enterprise shall inform the Customs in advance of the schedule for the opening and sealing of international mail bags. Article 31. Inward and outward articles sent by post shall be posted or delivered by managing units only after they have been examined and released Article 32. Articles registered with and approved by the Customs for temporarily entering or leaving the territory duty-free, shall be taken 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 Article 34. Inward and outward articles intended for official or personal use by foreign missions or personnel enjoying diplomatic privileges
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 Article 36. The consignee of import goods, the consignor of export goods and the owner of inward and outward articles shall be the obligatory 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 payment of duties on inward or outward articles shall be made, prior to their release, by the obligatory customs duty payer. 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 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: (1) advertising items and trade samples of no commercial value; (2) materials presented free of charge by foreign governments or international organizations; (3) goods to which damage or loss has occurred prior to customs release; (4) articles of a quantity or value within the fixed limit; (5) other goods and articles specified by law as items for duty reduction or exemption; and (6) goods and articles specified as items for duty reduction or exemption by international treaties to which the People’s Republic Article 40. Duty reduction or exemption may be granted for import and export goods of the Special Economic Zones and other specially designated The State Council or departments empowered by the State Council shall define the scope and formulate the rules for duty reduction Article 41. All import goods and articles for which duty reduction or exemption is granted in accordance with the preceding Article shall be Article 42. Temporary duty reduction or exemption not specified in Article 39 and 40 of this law shall be examined and approved by the General Article 43. Temporary duty exemption shall be granted for goods approved by the Customs as temporarily imported or exported items and for bonded 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 Article 45. Where the duties are over-levied, the Customs, upon discovery, shall refund the money without delay. The duty payer may ask the 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
CHAPTER VI LEGAL RESPONSIBILITY Article 47. Evasion of customs control in one of the forms listed below shall constitute a crime of smuggling: (1) to transport, carry or send by post into or out of the territory narcotic drugs, weapons or counterfeit currencies which are prohibited (2) to transport, carry or send by post into or out of the territory, for the purpose of making a profit, articles in relatively large (3) to sell, without customs approval and payment of duties, bonded goods imported by special permission or goods listed for special Any armed smuggling or resistance by violence to customs examination of smuggled goods or articles shall constitute a crime of smuggling, The criminal punishments imposed by the people’s court to persons guilty of smuggling include imposing a fine and the confiscation Where an enterprise, an institution or a state organ or a public organization is guilty of smuggling, the judicial organ shall investigate Article 48. If the smuggled goods and articles involved in one of the acts listed under item (2) and (3) of Article 47 of this Law are not large Article 49. Any of the following acts shall be dealt with as a crime of smuggling and shall be punishable in accordance with the provisions (1) to purchase directly and illegally from a smuggler articles which are prohibited by the state from being imported; or to purchase (2) to transport, purchase or sell on inland or territorial waters articles which are prohibited by the state from being imported Where an act listed in the preceding paragraphs does not yet constitute a crime of smuggling, punishment shall be applied in accordance 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 Article 51. A fine may be imposed for any of the following acts which violate the regulations on customs control prescribed in this Law: (1) for a means of transport to enter or leave the territory at a place without a customs establishment; (2) 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 (3) to fail to declare truthfully to the Customs the import or export goods or the transit, transshipment and through goods; (4) to fail to accept, in accordance with relevant regulations, the checking and examination by the Customs of the means of transport, (5) for an inward or outward means of transport to load or unload inward or outward goods or articles or let passengers get on or (6) for an inward or outward means of transport staying at a place with a customs establishment to leave without customs approval; (7) for an inward or outward means of transport en route from one place with a customs establishment to another with a customs establishment (8) for an inward or outward means of transport to engage concurrently in or change to service within the territory without customs (9) for an inward or outward vessel or aircraft which, by force majeure, stops or lands at a place without a customs establishment,
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