Laws of the People's Republic of China

No. 153

The Provisions for the Administration of the Customs of the People's Republic of China on Statistics been deliberated and adopted at the executive meeting of the General Administration of Customs on August 29, 2006. They are hereby promulgated and shall enter into force as of November 11, 2006. The Statistical System of the Customs of the People's Republic of China promulgated on November 21, 1994 shall be abolished therefrom. Director Mou Xinsheng

September 12, 2006

Provisions for the Administration of the Customs of the People's Republic of China on Statistics

Article 1

In order to regulate the customs statistics and guarantee the quality of statistical data the present Provisions are formulated under the Customs Law of the People's Republic of China, Regulation on Customs Statistics of the People's Republic of China as well as other relevant laws and administrative regulations.

Article 2

The present Provisions shall apply to the statistics performed in accordance with relevant laws by customshouses regarding import and export trade in goods or the entry and exit of matters, or other relevant statistics concerning the import and export of goods or the entry and exit of matters.

Article 3

Customs statistics shall abide by the principles of accuracy, timeliness, scientific integrity and international comparability.

Article 4

The customshouses shall perform statistical surveys in accordance with relevant laws, collect and inspect original customs declaration materials submitted by the consignees and consignors of import and export goods or by their agents in a comprehensive manner, and collect and sort out statistical data.

Article 5

The customshouses shall make statistical analysis on the data concerning import and export trade, and have investigation on the operational characteristics, tendencies and rules of foreign trade.

The customshouses shall implement the instant monitoring on import and export trade and the dynamic early warning subject to the statistical data on import and export trade and relevant data about macro economy at home and abroad.

Article 6

The customshouses shall implement statistical surveillance on the basis of customs statistical data, surveil the import and export behaviors and processes of enterprises, perform analysis and evaluation on the customs law enforcement activities, and inspect and correct the acts of misstating or concealing, forging or altering the statistics.

Any problem found or any suggestion brought forward by the statistical department of the customshouse shall be timely disposed of by the relevant department or entity and a reply shall be rendered accordingly.

Article 7

The customshouse shall implement statistical consultancy services in accordance with relevant provisions of the State.

The customshouses shall offer paid consultancy services relating to the data and information on import and export trade excluding comprehensive statistical materials that are publicized under law and provided at no charge.

Article 8

The coverage scope of customs statistics shall include the goods that actually enter or exit the territory and lead to the increase or decrease of the stock of goods within the territory of China as well as the matters that shall be integrated into statistics in accordance with relevant laws.

Article 9

The goods or matters that do not actually enter and exit the territory or that actually enter and exit the territory of China but do not lead to the increase or decrease of the stock of goods within the territory of China shall not be included into customs statistics.

Article 10

The goods below shall not be included into customs statistics:

(1)

Transit goods, transshipment goods, and through goods;

(2)

The temporary import and export goods;

(3)

Currency and gold used as currency circulated in the international balance of payments;

(4)

Leased goods with a term of no more than one year;

(5)

Similar goods compensated without payment or changed by the consignee or consignor of import and export goods or the insurance company due to spoiled or damages, shortage, low quality, or inconsistent with specifications;

(6)

Returned goods;

(7)

Import and export goods for the mutual trade between border inhabitants;

(8)

Aquatic products caught by Chinese ships on the high seas;

(9)

Fuel, materials or food replenished or loaded by Chinese ships or aircrafts within the territory of China; and the fuel, materials, food and abandoned waste materials replenished or loaded by Chinese or foreign transport vehicles outside the territory of China;

(10)

Samples or advertising goods without commercial value;

(11)

Goods transferred between two special customs surveillance areas, or between two bonded surveillance areas, or between one special customs surveillance area and one bonded surveillance area; and

(12)

Other goods that shall not be included into customs statistics.

Article 11

The following matters shall not be included into customs statistics:

(1)

Repairing items;

(2)

Salvage items;

(3)

Personal belongings (excluding the autos) of passengers entering and exiting the territory of China;

(4)

Public belongings that enters and exits the territory of China with embassies and consulates of China stationed in foreign countries and those of foreign countries stationed in China, as well as the personal belongings for consulate personnel;

(5)

Public belongings that enters and exits the territory of China with the armies of China stationed in Hong Kong and Macao Special Administrative Regions, as well as the personal belongings for the military personnel;

(6)

Other items that shall not be included into customs statistics.

Article 12

The customshouses may make single statistics of the goods and matters that shall not be incorporated into customs statistics in accordance with the administrative requirements.

The quantity and amount of single statistics shall not be included into the total quantity and amount of customs statistics.

Article 13

The customshouses may adjust statistical items for the import and export goods and the matters entering and exiting the territory of China according to the requirements for developing national economy and customs surveillance; and may make long-term or step-by-step statistics of part of the statistical items for the import and export goods and the matters entering and exiting the territory of China.

As regards the adjustment of statistical items, an announcement shall be publicized by the General Administration of Customs.

Article 14

The names and serial numbers of the goods in the customs statistical items shall be divided and made statistics subject to the names and serial numbers of goods as stipulated in the Catalogue of Commodities under Customs Statistics of the People's Republic of China.

The Catalogue of Commodities under Customs Statistics of the People's Republic of China shall be promulgated by the General Administration of Customs.

Article 15

As regards the quantity (weight) of import and export goods, the statistics shall be performed pursuant to the measure unit as described in the Catalogue of Commodities under Customs Statistics of the People's Republic of China.

If there is any second measure unit for the goods as prescribed in the Catalogue of Commodities under Customs Statistics of the People's Republic of China, the statistics of the second quantity (weight) of goods shall be performed according to the second measure unit.

Article 16

As regards the price of import and export goods, the statistics shall be implemented based on the tax-paid value as inspected and approved by the customshouses.

The statistics of the price of import goods shall be carried out subject to the CIF Price (cost + insurance premium + freight), and the statistics of the price of export goods shall be implemented subject to the FOB Price (free on board).

Article 17

As regards the price of import and export goods, the statistics shall be performed respectively in USD and RMB. In case of the price of import and export goods calculated by any other foreign currency, the statistics shall be carried out by converting the said foreign currency into the value of USD and RMB at the conversion rate of the said foreign currency against USD monthly publicized by the State Administration of Foreign Exchange and the conversion rate of the Bank of China that is applied for tax collection by the customshouse.

Article 18

As regards the country (region) of origin, the statistics of the import goods shall be performed in accordance with the Regulations of the People's Republic of China on the Place of Origin of Import and Export Goods and other relevant provisions of the General Administration of Customs.

If the country (region) of origin of the import goods is uncertain, the statistics shall be carried out under the item of country unknown.

Article 19

As regards the final country (region) of destination, the statistics of the export goods shall be performed in accordance with the known country (region) where the export goods are consumed, used or further processed and produced.

Where the export goods are not directly transited by a third country (region), their final country (region) of destination shall be the country (region) to which the export goods are directly transported.

Where the export goods are transited by a third country (region), their final country (region) of destination shall be the country (region) to which the export goods are finally transported.

If the final country (region) of destination of the export goods is uncertain, their statistics shall be implemented in accordance with the final country (region) of shipment that can be predicted as possible when exporting.

Article 20

As regards the country (region) of shipment, the statistics of the import goods shall be performed in accordance with the country (region) of shipment from where the goods are directly transported to China and without commercial transaction in the transit country (region).

Where the directly transported goods are not transited by a third country (region), the country (region) of departure shall be the country (region) in which the shipment port of the import goods is located.

Where the import and export goods are transited by a third country (region), if no commercial transaction occurs in the transit country (region), the country (region) of dispatch of import goods shall be the country (region) of departure; if any commercial transaction occurs in the transit country (region), the transit country (region) shall be the country (region) of departure.

Article 21

As regards the country (region) of destination, the statistics of the export goods shall be implemented according to the final country (region) of destination under the circumstance provided that the export goods are transported from China directly to the final country (region) of destination and without commercial transaction occurred in the transit country (region).

Where the directly transported goods are not transited by a third country (region), their country (region) of destination shall be the country (region) in which the destination port of the export goods is located.

Where the import and export goods are transited by a third country (region), if no commercial transaction occurs in the transit country (region), the final country (region) of destination of export goods shall be the country (region) of destination; and if any commercial transaction occurs in the transit country (region), the transit country (region) shall be the country (region) of destination.

Article 22

As regards the destination of import goods within the territory of China, the statistics shall be performed subject to the place where the import goods are consumed, used or finally transported within the territory of China, of which, the final place of destination shall be the place in which the final using entity is located.

If the final using entity is difficult to be determined, the statistics shall be implemented according to the place of the final receiving entity that can be predicted when the goods are imported.

Article 23

As regards the place of sources of export goods within the territory of China, the statistics shall be performed in accordance with the producing area or the original place of delivery within the territory of China.

If the transport vehicles of export goods have been changed for many times, and it is difficult to determine their producing area within the territory of China, the statistics shall be implemented according to the place in which the entity that firstly delivers the export goods is located.

Article 24

The statistics of the business units shall be carried out pursuant to the legal persons, other organizations or individuals that have been registered at the customshouse and that engage in the import and export trade within the territory of China.

With respect to the business units that have been registered at the customshouse and have the right to engage in import and export trade, the customshouse making registration shall establish the nationally universal codes of business units for them.

The code of the business units shall be subject to the administration of the competent customshouse at the locality of business units.

Article 25

As regards the trade modes and goods under single statistics (see the Annexes) made by customshouses, the statistics shall be performed separately in accordance with the trading modes adopted by the buyers and sellers of import and export goods and the requirements of customs surveillance.

If the customshouse adjusts trading modes subject to the development of national economy or the requirements of customs surveillance, an announcement shall be publicized by the General Administration of Customs.

Article 26

The statistics on the mode of transport shall be implemented according to the water transport, railway transport, road transport, air transport and mail transport, or other modes.

For import goods, the statistics on the mode of transport shall be implemented subject to the modes by which the goods are transported to the first port within the territory of China; and for export goods, the statistics on the mode of transport shall be implemented subject to the modes by which the goods are transported away from the last port within the territory of China.

As regards the goods carried by passengers entering and exiting the territory, the statistics shall be performed in accordance with the transport vehicles taken by the passengers.

As regards the import and export express goods by means of non-postal modes, the statistics shall be carried out according to actual modes of transport.

As regards the goods that are transported by manual labor, animals labor, pipes, cables and conveyors, or other ways, the statistics shall be performed according to other modes of transport.

Article 27

The statistics of import goods shall be implemented according to the date when the goods are discharged by the customshouse; and the statistics on export goods shall be implemented according to the date of customs clearance.

The statistics of the import goods in transit shall be performed according to the date when the goods are discharged by the customshouse; and the statistics of the export goods in transit shall be performed according to the date when the customshouse at the place of departure makes clearance.

The monthly statements, annual statements and other statistical materials shall be collected and worked out on the basis of Gregorian Calendar month and year.

Article 28

The statistics of import and export goods shall be implemented subject to the customshouses accepting the declaration of import and export goods.

The statistics of import goods in transit shall be implemented according to the customshouses at the place of destination that accept the declaration of goods; and the statistics of export goods in transit shall be implemented according to the customshouses at the place of shipment that accept the declaration of goods.

Article 29

The original customs statistical materials shall comprise the Customs Declaration of the Customs of the People's Republic of China on the Import Goods, the Customs Declaration of the Customs of the People's Republic of China on the Export Goods, the Filing Lists of the Customs of the People's Republic of China on the Import Goods Imported into Bonded Areas, the Filing Lists of the Customs of the People's Republic of China on the Export Goods into Exiting Bonded Areas, the Filing Lists of the Customs of the People's Republic of China on the Import Goods Imported into Export Processing Zones, the Filing Lists of the Customs of the People's Republic of China on the Export Goods into Exiting Export Processing Zones, other customs declaration documents, attached documents and relevant electronic data.

The original paper materials about customs statistics shall be kept for three years as of the date when the surveillance of import and export goods is released except for any special circumstance; and the electronic data about customs statistics shall be kept for long term.

The General Statistical Department of the General Administration of Customs shall be responsible for the administration of the national customs statistical materials; and the statistical departments of customshouse directly under the General Administration of Customs shall be responsible for the administration of its customs statistical materials.

Article 30

The information of customs statistics shall be the relevant statistical information that is collected and sorted out from the original customs statistical materials.

The customshouse shall publicize the statistical information to the general public at regular intervals, and declare the time for publishing the monthly statements, annual statements and other statistical materials of the next year in December annually.

Article 31

The General Administration of Customs shall regularly offer relevant comprehensive statistical materials to the relevant departments of the State Council at no charge. The customshouses directly under the General Administration of Customs shall regularly provide relevant comprehensive statistical materials to relevant department of the people's government of the local province, autonomous region, or municipality directly under the Central Government at no charge.

The comprehensive customs statistical materials shall contain the items as follows:

(1)

Schedule of total import and export value of all the regions;

(2)

Schedule of total value of import and export goods by different trading modes;

(3)

Schedule of total import and export value by different countries (regions);

(4)

Schedule of import and export value by main commodities;

(5)

Schedule of total import and export value by different enterprises;

(6)

Schedule of total import and export value by different modes of transport; and

(7)

Analysis report that can reflect the general schedule of import and export, and the information concerning import and export monitoring and early warning, etc.

Article 32

The statistical personnel of the customshouses shall be under the obligation to keep confidential to the state secrets, business secrets and customs secrets that they have access to in the process of making statistics.

Article 33

No entity or individual may illegally sell any customs statistical materials or electronic customs statistical data without authorization of the customshouse.

Article 34

The statistical department of the customshouse that have any question about the contents declared in the original statistical materials may directly inquire to the concerned parties and verify the relevant contents, and the concerned parties shall reply on fact timely.

Where any statistical item that shall be declared according to law fails to be declared or the any false declaration affects the accuracy of customs statistics, the concerned parties shall make correction as ordered by the customshouse in addition to the imposition of punishments according to law.

Article 35

The statistical personnel of the customshouses shall observe the provisions as described by the Customs Law of the People's Republic of China and the Statistics Law of the People's Republic of China, and shall not distort customs statistical materials or forge false data by himself, participating or inciting others.

The statistical personnel of the customshouse have the right to reject, expose or curb the deliberate interference that affects the impartiality or genuineness of customs statistics.

Article 36

If any statistician in the customshouse neglects his duties, abuse his official capacities or commits irregularities for personal interests, he shall be given sanctions; and if a crime is constituted, he shall be investigated of criminal liability according to law.

Article 37

If any item that shall be declared according to law fails to be declared or the any false declaration affects the accuracy of customs statistics, the customshouse shall order the concerned party to make correction, and if it is necessary to give an administrative sanction, the concerned party shall be given a punishment by the customshouse under the provisions in the Regulation for the Implementation of the People's Republic of China on Customs Administrative Sanctions.

Article 38

The present Provisions are subject to the interpretation of the General Administration of Customs.

Article 39

The present Provisions shall enter into force as of November 11, 2006. The Statistical System of the Customs of the People's Republic of China promulgated on November 21, 1994 shall be abolished therefrom.

Annexes:

1.

Trading Modes for Customs Statistics

2.

Goods under Single Statistics

Annex I: Trading Modes for Customs Statistics

1.

General trade

2.

Gratuitous aid and donation of materials between countries or international organizations

3.

Donated materials

4.

Compensation trade

5.

Processing and assembling trade by customer's materials

6.

Processing trade with imported materials

7.

Consignment trade

8.

Petty trade in the border areas

9.

Processing trade with imported equipment

10.

Export goods for contracted projects with foreign countries

11.

Leasing trade

12.

Import of equipment and materials as the investment of foreign-funded enterprise

13.

Processing trade with exported materials

14.

Barter trade

15.

Tax-free foreign exchange commodities

16.

Inbound and outbound storage of transit goods in bonded warehouses

17.

Inbound and outbound storage of transit in bonded areas

18.

Import equipment of export processing zones

19.

Others

Annex II: Goods under Single Statistics

1.

Tax-free matters

2.

Re-import of refined oil originally exported for processing trade that is originally exported

3.

Domestic sales of goods that are processed with imported materials originally

4.

Domestic sales of goods that are processed with customers' materials originally

5.

Domestic sales of equipment that are produced by processing trade originally

6.

Carryover of goods that are deeply processed with imported materials

7.

Carryover of goods that are deeply processed with customers' materials

8.

Carryover of equipment after processing trade

9.

Carryover of remaining materials after the processing with imported materials

10.

Carryover of remaining leftover materials after the processing with customers' materials

11.

Returned goods

12.

Re-export of materials and matters after the processing with imported materials

13.

Re-export of materials and matters after the processing with customers' materials

14.

Returned equipment after processing trade

15.

Goods transported from bonded areas to non-bonded areas

16.

Goods transported from non-bonded areas to bonded areas

17.

Returned goods from bonded zones

18.

Domestic sales of goods that are stored in bonded warehouses originally

19.

Goods that are stored in export surveillance warehouses within the territory of China

20.

Returned goods from export surveillance warehouses

21.

Goods transported from export processing zones

22.

Goods transported into export processing zones

23.

Goods transported from bonded logistics parks

24.

Goods transported into bonded logistics parks

25.

Goods transported from bonded logistics centers (type A and B)

26.

Goods transported into bonded logistics centers (type A and B)

27.

Goods in transit

28.

Other goods that shall be subject to single statistics