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The Supervision and control System of the Common Import & Export Goods

[2009-02-01]


(Ⅰ) The Meaning of Common Import and Export

The common import and export refers to the Customs clearance system in which the goods can be used and sold within the territory through direct import or put into free circulation by transporting out of the territory after the import and export duty has been fully paid in the entry and exit part and all Customs formalities has been gone through.

Basically, this Customs clearance system is in conformity with the two attached compacts of "Customs clearance for domestic sales"and "direct export"in the Kyoto Convention of the World Customs Organization (WCO). It prescribes that the import & export goods can stay within or beyond the territory forever. At the same time, this system contains two important meanings of totally paying the due import and export duty and going through all the formalities in the entry and exit part.

The concept "common import and export"is not the same as that of "common trade", one of the indicators of the trade means in Customs statistics. The former is a Customs clearance system while the latter is a specific transaction means in foreign trade. For those goods in the form of "common trade"transaction, one can go through the Customs formalities in the form of "common import and export"Customs clearance in the import and export part; or in the form of "bonded import and export"Customs clearance for the reason of processing exported products after purchase, e.g. process of imported materials; it is more likely that it must go through the Customs formalities in the form of "import for specially duty-exempted products"Customs clearance system without paying customs duty for the reason of using in the special regions, enterprises or special use. While the "common import and export"Customs clearance system is not only applicable for the import & export goods in the form of above-mentioned "common trade", but for all kinds of goods of different means of import and export and relating to the "Customs clearance and domestic sales"and "direct export".

The word "common"is a habitual expression used in Customs business, the word itself contains no special meanings and is used as a sign of a Customs clearance system to be separated easily from other Customs clearance systems.

(Ⅱ) The Characteristics
If one goes through the Customs formalities in the form of "common import and export"Customs clearance system for the goods, the process of the supervision and control by the Customs and the conditions of the goods after the clearance will reflect the characteristics of this Customs clearance system:

1. Pay the Import and Export Duty in the Entry and Exit Part
The "entry and exit part"herein refers to the part of the on-site supervision and control by the Customs. The "import and export duty"refers to the customs duty and duty of import and export part, regulation fee and other fees collected by the Customs for the import & export goods. The "pay totally"refers to the duty collection in full amount according to the duty rate of "import and export duty regulations". No duty of import and export needs to pay for those goods: no duty rate after the duty number of "import and export duty regulations"or duty-exemption (namely, exempted legally) listed on the "regulations on customs duty".

2. Enforcement of the Relevant System of Supervision and Control Concerning the Import & Export Goods
For all the handling measures of the nation on entry and exit concerned with the import & export goods, the Customs shall check and verify the relevant documents and certificates before clearance, including licenses, verification and quarantine certificates, inspection and ratification documents, etc,.

3. Conclusion of the Clearance of Goods at the On-site Supervision and Control Stage
All import and export duty must be paid up, checked and verified on clearance. "Clearance"is the last part of the import and export Customs clearance system, meaning having gone through all Customs formalities.

4. Put into Free Circulation after Import & Export
The so-called free circulation refers to: the goods are delivered to consignor and consignee or their agent at their disposal after going through all Customs formalities, the export goods must be carried out of the territory.

(Ⅲ) The Supervision and control of the Common Import & Export Goods
The supervision and control over the common import & export goods mainly includes three parts, of which the first is to accept the declaration and make the checkup.
Generally, the Customs shall confirm the qualification for the application and meeting the requirements of declaration acceptance by the Customs through the preliminary examination when the consignor and consignee or their agent declares to the Customs.

1. Checkup and Verification of the Qualification of the Declarant
The Customs shall verify and confirm the qualification of the declarant. The Customs will accept the declaration only when the declaration requirements are met. For instance: if the declaration unit has been registered with the Customs; if the declaration procedures for record have been filed for the declaration in another place; if the declarant is hired by the declaration unit and authorized by the Customs, etc.

2. Checkup and Verification of the Time Limit of Declaration
Declaration time limit concerns the requirements of three aspects:
(1)Export Goods
The export goods must be declared to the Customs twenty-four hours before the loading after arriving at the supervision and control area of the Customs. Except the goods specified to be "pre-declared"or to be checked and verified beyond the supervision and control site, the Customs will dismiss those declarations in principle if the relevant goods have not yet arrived at the supervision and control area of the Customs in the declaration process.
(2) Import Goods
The import goods must be declared to the Customs within 14 days after the transportation tool is declared to the Customs to enter the territory. The Customs shall impose a fee of 0.05% of C.I.F. price for delayed declaration per day from the 15th day if the goods are declared beyond the 14 days. According to the regulations, the import goods that have not been declared to the Customs within 3 months will be sold off by the Customs.
(3)Import Goods for Transition
Apply for the transition procedure to the Customs in the importing place in accordance to the declaration time limit of the import goods. The Customs in the importing place shall impose a fee for delayed declaration if transition procedures have not been applied for within 14 days after the entry into the territory. Apply to the Customs in the destination place of the goods within 14 days after the arrival of the goods at the specified place. The Customs in the destination place shall impose a fee for delayed declaration if the declaration procedures have not been applied for within the specified time limit.

3. Checkup and Verification of the Declaration Form and Attached Documents
(1) Declaration Form
The declaration form is the main document with which the declarant applies to the Customs on behalf of the declaration unit, which is laid out by the General Administration of Customs in the uniform pattern. As the legal paperwork for the purpose of declaring the conditions of the goods and submitted to the Customs after filled out by the consignor and consignee or their agent, the declaration form is the important certificate by which the customs conducts the procedures of supervising and controlling the import and export of goods, collecting customs duty and other taxes, compiling Customs statistics and other customs business.
According to the different nature of commerce and different requirements of supervision and control by the Customs, the declaration form of import & export goods fall into different categories, e.g., the declaration form for the import goods, the declaration form for the export goods, the declaration form for special import goods of materials processing, the declaration form for special export goods of materials processing, the declaration form for special compensation trade of materials processing, etc. The above-mentioned declaration form of different kinds is printed in different color and marked with the nature of commerce in the upper right of the declaration form for differentiation. The declaration form for the import goods is in quintuplicate and the declaration form for the export goods in sextuplicate. According to the Customs Law, the declaration form for the import goods has two forms, namely, "paper declaration form"and "E-declaration form", both of which have the equal legal effect.

(2) Attached Documents
A Shipping Documents
Bill of Lading for import by sea, shipping order for export by sea; waybill for both import and export by land and by air
B Packing Documents
Depends on the packing conditions, e.g., packing list, weight memo, etc.
C Invoice
The Customs shall accept the declaration if it is difficult indeed to submit attached invoice on declaration. The Customs must instruct the person concerned to submit the invoice in the limited period if there appear any doubtful points or problems when reviewing the documents; in terms of entrusted sales abroad, the invoice does not need to be handed in if the method of settling accounts is to settle with the importing units based on the actual amount of money after sales of goods and the invoice can not be provided indeed.

D Import & Export Licenses or Ratification Documents
The license or the import and export ratification documents must be submitted for those goods restricted to import or export by the State or the goods imported and exported by units that has no managerial authority on import and export.
E Verification & Quarantine Certificates
In terms of the goods falling into the category of commodity inspection, animal & plant inspection, medicine inspection, foodstuff inspection, the declarant must hand in the inspection certificate or quarantine certificate issued by the appropriate authorities, including the seal stamped on the declaration form.

F Ratification Documents & Certificates of Special Import & Export Goods
In terms of the appraisal of the exported cultural relics, rare and precious wild animals and plants that is controlled by the import and export, the declarant must hand in the ratification documents and certificates issued by the corresponding organizations.
G Other Documents can be Asked for if Necessary
For instance, transaction contract, certificate of the original place, letter of credit, etc

4. Checkup and Verification
Besides the qualification and document verification on the supervision and control over the common import & export goods, the checkup and verification of the goods still need to be carried out. The Customs shall confirm that the nature, original place, conditions, quantity, value of the entry and exit goods are in conformity with the declaration by the consignor and consignee, and verify the import & export goods to find out if there exist the illegal activities, e.g. concealment on declaration, deception on declaration, false declaration and smuggling, etc.

5. Clearance after Verification
In terms of the common import & export goods, the clearance is the last part of the on-site supervision and control by the Customs. The import & export goods with Customs clearance will be put into free circulation after taken out by the owner or leaving the territory. Therefore, three qualifications must be confirmed before clearance:
(1) Necessary documents and certificates have been submitted and verified valid by the customs;
(2)The import and export duty has been paid according to the regulations or later payment can be ensured by taking proper measures;
(3) No illegal activities have been found out.

Source: Shanghai Customs, PRC
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