Goods may Enjoy Earlier Release by Regulations on Guarantee for Customs Affairs

As learned from Zhangzhou Customs of China, the Regulations of the People’s Republic of China on Guarantee for Customs Affairs will come into force as from Jan. 1, 2011.

By then, relevant enterprises may, prior to the completion of customs formalities, file an application with China Customs authorities for providing guarantee and request release of goods earlier than normally required. Thus thousands of importing and exporting enterprises in Zhangzhou City will enjoy convenient customs clearance.

It is reported that after the implementation of the Regulations on Guarantee for Customs Affairs, the concerned party may apply for an earlier release in any of the following cases: the commodity classifications, duty-paid prices, and origins of the imports/exports are still undetermined; valid customs declaration documents have not been provided; taxes have not been paid within the term of payment; fee for delayed declaration has not been paid; and other customs formalities have not been completed.

Therein, where restrictive regulations are imposed by the State on entry/exit goods and articles, the required licensing documents are not provided, and in other circumstances where a law or administrative regulation provides that no guarantee is allowed, the customs authorities shall not release such goods and articles on taking guarantee.

Where any goods, articles, or means of transport suspected of violating the law shall be or have been detained by the customs authorities, the concerned parties may provide guarantee to the customs authorities and request the exemption from or lifting of detention or sealing up.

Where any goods, articles, or means of transport suspected of violating the law cannot be detained or are not suitable for detention, the party or the person in charge of the means of transport shall provide to the customs authorities a guarantee of the equivalent value, and if such a guarantee is not provided, the customs authorities may detain any other property of equivalent value belonging to that party.

Where any goods, articles, or means of transport suspected of violating the law shall be prohibited from entering or leaving the country, or the original objects shall be taken as evidence, or such objects shall be confiscated according to law, the customs authorities shall not tackle relevant guarantee.