Announcement on further clarifying matters related to the filing of customs declaration units
In order to further implement the reform and deployment of “decentralization, management and service”, standardize and unify the archival work of customs declaration units, and provide convenient and efficient government services for the majority of enterprises, the General Administration of Customs now makes the following announcements on further clarifying the archival work of customs declaration units:
I. Requirements to be met by the consignee or consignor of import and export goods and their branch offices for archival filing
(I) Conditions of the consignee or consignor of import and export goods:
1. The consignee or consigner of import and export goods shall be the following types of market entities:
(1) Company, non-company enterprise legal person;
(2) Sole proprietorship or partnership;
(3) Farmers’ professional cooperatives (associations);
(4) Individual industrial and commercial enterprises;
(5) Branches of foreign companies;
(6) Other market entities as stipulated by laws and administrative regulations.
2. The consignee or consigner of import and export goods shall obtain the record of foreign trade dealers. Where laws, administrative regulations or rules provide otherwise, such provisions shall prevail.
3. The record or temporary record of the consignee or consignor of import and export goods has not been completed.
(II) Conditions of the branch of the consignee or consignor of import and export goods:
1. The types of market entities of a branch of a consignee or consignor of import or export goods shall be the following:
(1) Company, non-company enterprise legal person;
(2) Sole proprietorship or partnership;
(3) Farmers’ professional cooperatives (cooperatives).
2. The branch of the consignee or consignor of import and export goods shall obtain the record of foreign trade dealers. Where laws, administrative regulations or rules provide otherwise, such provisions shall prevail.
3. The market entity of the branch of the consignee or consignor of import and export goods has handled the record of the consignee or consignor of import and export goods.
4. The branch office of the consignee or consignor of import and export goods has not yet completed the filing or temporary filing.
II. Requirements that customs declaration enterprises and their branches shall meet for filing
(I) Conditions of customs declaration enterprises:
1. Customs declaration enterprises shall be the following types of market entities:
(1) Company, non-company enterprise legal person;
(2) Sole proprietorship or partnership.
2. Has not yet handled the declaration enterprise record.
(II) Conditions of branches of customs declaration enterprises:
1. The types of market entities of the branches of customs declaration enterprises shall be the following:
(1) Company, non-company enterprise legal person;
(2) Sole proprietorship or partnership.
2. The market subject to which the branch of the customs broker belongs has filed the record of the customs broker.
3. The branch of the customs declaration enterprise has not yet handled the record.
III. Conditions to be met for temporary filing
(I) If the following units need to engage in non-trade import and export activities in accordance with the relevant regulations of the State, they shall handle temporary archival records:
1. Permanent representative offices established in China by overseas enterprises, media, economic and trade organizations, cultural organizations and other organizations in accordance with the law;
2. Units that import and export a small amount of samples;
3. State organs, schools, research institutes, Red Cross societies, foundations and other organizations;
4. Units that receive donations, gifts and international aid or provide donations and international aid to other countries;
5. Other units that may engage in non-trading import and export activities.
(II) The purpose of filing is to engage in non-trade import and export activities.
(III) failing to register the branch offices of the consignee or consignor of import or export goods and the consignee of import or export goods.
(IV) The temporary record has not been filed, or the temporary record has been filed after 30 days before the expiration of the term of validity.
IV. Circumstances under which the customs declaration unit is ordered to make rectification
If a customs declaration entity is under any of the following circumstances, the Customs shall order it to make corrections, issue a Notice of Ordered Correction to the customs declaration entity (see annex, hereinafter referred to as the Notice), and order the customs declaration entity to make corrections within 10 working days.
(I) The name, type of market entity, domicile (main business site), legal representative (responsible person), customs declaration personnel, etc., is changed and the change is not made to the Customs in accordance with regulations;
(II) concealing the true situation or resorting to fraud in the information submitted to the Customs for the record;
(III) refusing to cooperate with Customs supervision and on-the-spot inspection.
The Notice issued by the Customs to the declaration unit shall be affixed with the special seal for Customs record. Notice is not applicable to the service mode of announcement, and shall be served by other means within 10 working days from the date of self-distribution.
In case of direct service, the signatory shall sign the “Notice” for confirmation; If the goods cannot be served directly or cannot be served, the customs officer shall indicate the relevant information in the Notice and have at least two customs officers sign for confirmation.
This announcement shall come into force as of December 1, 2022.
Article source:General Administration of Customs
Fujian Quanzhiu Zhongtai IMP. AND EXP. CO., LTD. » Announcement on further clarifying matters related to the filing of customs declaration units