Laws of the People's Republic of China

The General Customs Administration

Circular of the General Administration of Customs on Partially Adjusting the Customs Examination and Approval Procedures for Equipments Imported Under Foreign or Domestic Invested Projects

ShuShui[1998]No.745

December 11, 1998

Guangdong Customs and all customs directly under the General Administration of Customs:

Since the Urgent Circular of the General Administration of Customs on Implementing the Circular of the State Council on Adjusting the Tariff Policy of Equipment Imports (ShuShui [1997] No.1062) came into effect as of January 1, 1998, all customs have implemented the regulations, followed the principles of administration through specialized departments and of tertiary examination and approval, strengthened supervision, and launched, following the instructions from the General Administration of Customs, the administrative system for tariff reduction and exemption. Consequently, the customs examination and approval procedures have been standardized. In order to streamline the operational procedures, to improve the work efficiency and to meet the requirements of the institutional reform of the General Administration of Customs and the transfer of its functions, it is decided that the procedures for the customs examination and approval of equipment imports under foreign or domestic invested projects shall be adjusted as follows:

I.

For projects beyond the norm quota applied by various customs as transmitted by the General Administration of Customs and projects under the norm quota and examined and approved by relevant governmental agencies under the State Council and by pilot enterprise groups, their Confirmation of Status of Foreign or Domestic Invested Projects Encouraged by the Nation (hereinafter referred to as the Project Confirmation) will no longer be transmitted through the General Administration of Customs. Customs directly under the General Administration of Customs in charge of the aforementioned projects shall handle relevant examination and approval procedures of recording, examination and approval upon presentation of the Project Confirmation by the project owner, and the approved feasibility study.

II.

Article 8 of the Urgent Circular of the General Administration of Customs on Implementing the Circular of the State Council on Adjusting the Tariff Policy of Equipment Imports (ShuShui [1997] No. 1062) provides that imported tariff-free construction equipments, non-road auto-unloading cars and all the special vehicles explicitly defined in the note of the tariff regulation that shall be reported to the Department of Tariff of the General Administration of Customs for examination and approval shall not be reported to the General Administration of Customs for examination and approval. The relevant departments of all customs are held responsible for conducting uniformed examination and approval. Imported tariff-free goods shat shall still be reported to the General Administration of Customs for approval and examination include ships, converted vehicles and vehicles not explicitly named. The duty exemption application for these goods shall be submitted for approval through the Administrative System of Tariff Reduction and Exemption. If the structure, specification, type, usage or the enterprise information needs to be specified, customs directly under the General Administration of Customs shall submit texts, pictures, and other written materials marked with the number of the corresponding Duty Levy/Exemption Application Form to the General Administration of Customs.

III.

Given the strong policy nature of this adjustment and the wide coverage of companies and agencies affected, every customs shall observe strictly the relevant documents specified in the Project Confirmation in conducting examination and approval and especially when the coverage of imports with no tariff exemption is concerned. For goods beyond the duty-exemption coverage and goods whose duty exemption standard is hard to define, timely reports shall be made to the General Administration of Customs. No customs is allowed to exceed its power or to expand the range for tariff reduction and exemption in a disguised way. The tertiary examination and approval systems shall be adhered to and administration shall be intensified through the administrative system of tariff reduction and exemption so as to ensure that tariff collection and tariff exemption are conducted in compliance with relevant laws and regulations.

IV.

This Circular will enter into force as of January 1, 1999. Please make timely contacts with the Department of Tariff Levying and Administration of the General Administration of Customs for any problems that occur during the implementation process.