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The General Customs Administration
Announcement of the General Administration on Relevant Issues Concerning the Merger and Division of Enterprises with Foreign Investment
and Related Customs Administration Issues
January 10, 2000
Pursuant to the Provisions on the Merger and Division of Enterprises with Foreign Investment (WaiJingMaoFaFa [1999] No.395) promulgated
as of September 23, 1999 by the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and
Commerce, relevant issues concerning customs administration are announced as follows:
I.
The enterprise established through merger or division, whether as a continuation of the original enterprise or as an independently
registered one, shall update its customs registration information accordingly, or re-register at the customs with the approval document
from relevant government agencies.
II.
For specific goods imported with duty exemption by the enterprise with foreign investment before the merger or division, and unsettled
bonded imports, the enterprise established through merger or division, whether as a continuation of the original enterprise(s) or
as an independently registered one, shall bear all legal obligations concerning customs supervision and regulations.
III.
It shall be decided by the customs through examination according to relevant prevailing regulations whether an enterprise established
after the merger or division shall continue to enjoy the preferential treatment of tax reduction or exemption. If the customs decides
upon a termination of such preferential treatments, the enterprise shall pay the overdue tariff and import duties for goods imported
previously with duty reduction or exemption. For specific goods imported with duty reduction or exemption whose ownership has been
transferred to the enterprise with foreign investment that shall continue to enjoy such preferential treatment, the supervision period
shall be calculated as of the date of the import.
IV.
It shall be decided by the relevant customs bureau through examination according to relevant prevailing regulations whether an enterprise
with foreign investment established through merger or division shall continue to have the operation right of bonded business. For
unsettled bonded goods imported before the merger or division, the relevant enterprise with foreign investment shall proceed with
re-export formalities, or pay the overdue import duties and import tax with valid approval documents or licenses.
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