Laws of the People's Republic of China

State Council

Order of the State Council of the People's Republic of China

No. 454

The Regulation on Customs Statistics of the People's Republic of China is hereby promulgated, and shall come into force as of March 1, 2006.

Premier of State Council, Wen Jiabao

December 25, 2005

Regulation on Customs Statistics of the People's Republic of China

Article 1

The present Regulation is formulated in accordance with the relevant provisions of the Customs Law of the People's Republic of China and the Statistics Law of the People's Republic of China. for the purpose of carrying out the work of customs statistics in a scientific and effective way, and ensuring the accuracy, timeliness, and completeness of the customs statistics.

Article 2

The customs statistics is the statistics made by the customs on the trade of import and export goods according to law, and is the component part of the national economic statistics.

The task of the customs statistics is to make statistical investigation, statistical analysis, and statistical supervision over the trade of import and export goods, and to make monitoring and early warning compile, manage, and publicize the customs statistical materials on import and export, and provide statistical services.

Article 3

The General Administration of Customs shall be responsible for organizing and administering the customs statistical work countrywide.

The customs statistical institutions and statistical personnel shall perform their duties in accordance with the Statistics Law of the People's Republic of China, Detailed Rules for the Implementation of the Statistics Law of the People's Republic of China, and the provisions of the present Regulation.

Article 4

The goods that actually enter and exit the territory and result in the increase or decrease of the stock of goods within the territory shall be listed into the customs statistics.

The goods of entry and exit the territory that exceed the reasonable amount for self use shall be listed into the customs statistics.

Article 5

The following import and export goods shall not be listed into the customs statistics:

1.

Transit goods, transshipment goods, and through goods;

2.

Goods imported and exported temporarily;

3.

Currency and gold used as currency;

4.

Leased import and export goods with the lease term for less than one year;

5.

Import and export goods compensated without payment or altered due to defects or damages, shortage, bad quality, or nonconformance of specifications; and

6.

Other goods that shall not be listed into the customs statistics as prescribed by the General Administration of Customs.

Article 6

The statistical items of import and export goods shall include:

1.

Name of the goods and the code;

2.

Quantity and price;

3.

Operating entities;

4.

Ways of trade;

5.

Ways of transportation;

6.

Country (place) of origin, country (place) of shipment, and domestic destination of the import goods;

7.

Final country (place) of destination, country (place) of shipment destination, and domestic place of sources of the export goods;

8.

Date of import and export;

9.

Customs type; and

10.

Other statistical items as prescribed by the General Administration of Customs.

The General Administration of Customs may make adjustment on the statistical items on basis of the requirement for national economic development and customs supervision.

Article 7

The name and code of import and export goods shall be made classified statistics in accordance with the Catalogue of Commodities under Customs Statistics of the People's Republic of China.

The quantity of the import and export goods shall be made into statistics in light of the unit of measurement prescribed 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 publicized by the General Administration of Customs.

Article 8

The price of import goods shall be made into statistics in light of the aggregate of the goods price, the transportation fees before the goods are shipped to the import place within the territory of the People's Republic of China and unloaded there, and the relevant fees, as well as the insurance fees.

The price of export goods shall be made statistics in light of the aggregate of the goods price, the transportation fees before the goods are shipped to the export place within the territory of the People's Republic of China and loaded there, and the relevant fees, as well as the insurance fees, the amount of export tariff included in it shall be deducted.

Article 9

For import goods, the statistics on the country (place) of origin, and country (place) of shipment, and the domestic destination shall be made respectively.

For export goods, the statistics on the final country (place) of destination, country (place) of shipment destination, and domestic place of goods sources shall be made respectively.

Article 10

The operating entities of import and export goods shall be made statistics based on the legal persons, other organizations, or individuals that are registered in the customs and undertake import and export operating activities.

Article 11

Classified statistics shall be made on the basis of the trade mode of import and export goods according to the requirements of customs supervision.

Article 12

The statistics on basis of the transport modes of import and export goods shall be made in light of the transport mode of goods when the goods entry and exit, including water transport, railway transport, road transport, aviation transport, and other transport modes.

Article 13

The statistics on the date for importing goods shall be made on the basis of the date when the goods are discharged by the customs; the statistics on the date for exporting goods shall be made on the basis of the date when the customs formalities have been gone through.

Article 14

The statistic on import and export goods shall be made by the customs that accepted the declaration of them..

Article 15

The customs statistical materials shall include the original customs statistical materials and the relevant statistical information collected and rectified based on the original materials.

The original customs statistical materials as mentioned in the preceding paragraph shall refer to the import and export goods declaration forms and other relevant documentations confirmed by the customs.

Article 16

The General Administration of Customs shall gratuitous provide the relevant comprehensive statistical materials to the relevant departments of the State Council regularly. .

The customs houses directly under the General Administration of Customs shall gratuitous provide the relevant comprehensive statistical materials regularly to the relevant departments of the people's governments at the provinces, autonomous regions, or municipalities directly under the Central Government at the places where they are located.

Article 17

The customs shall establish the system of regular announcement of statistics materials to publicize customs statistical information to the society.

The customs may provide statistical services upon the need of the general public of the society.

Article 18

The statistical personnel of the customs shall be obliged to keep confidential for the national secrets and business secrets acquired during the process of making statistics.

Article 19

The parties shall be entitled to inquire about the original customs statistical materials and the relevant information declared by themselves within the time limit of preservation, if they have any question on the result of inquiry, they may apply to the customs for verification, the customs shall make verification and answer the relevant questions.

Article 20

In case the customs has any question about the items declared by the parties according to law, it may put forward the inquiry to the parties, and the parties shall give reply in a timely manner.

Article 21

In case any item that shall be declared according to law fails to be declared or the declaration on the item is untruthful, which affects the accuracy of the customs statistics, the customs shall order the parties to make correction, if there is necessity to give an administrative punishment, the customs shall give it a punishment in accordance with the provisions of the Regulation of the People's Republic of China on the Implesmentation of Customs Administrative Punishment.

Article 22

The present Regulation shall be implemented as of March 1, 2006.