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[No.172] Decree of the General Administration of Customs of the People’s Republic of China No.172


The Measures of the General Administration of Customs of the People’s Republic of China for the Administration of Manifests of Inbound and Outbound Means of Transport, which were deliberated and adopted at the Executive Meeting of the General Administration of Customs on 10 March 2008, are hereby promulgated and shall come into force as of 1 January 2009. The Administrative Measures of the General Administration of Customs of the People’s Republic of China for Transmission of Electronic Data of Manifests promulgated in the form of Decree No. 70 of the General Administration of Customs on 1 February 1999 shall be abolished simultaneously.


Sheng Guangzu

Minister

General Administration of Customs

28 March 2008


Measures of the General Administration of Customs of the People's Republic of China for the Administration of Manifests of Inbound and Outbound Means of Transport


(Adopted at the Executive Meeting of the General Administration of Customs on 10 March 2008, promulgated in the form of Decree No. 172 of the General Administration of Customs of the People’s Republic of China on 28 March 2008, and effective as of 1 January 2009)


Chapter I General Provisions


Article 1 These Measures are formulated in accordance with the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law) and other laws and administrative regulations of relevance, for the purposes of regulating the customs administration of manifests of inbound and outbound means of transport, facilitating international trade and ensuring international trade security.

Article 2 Under these Measures, the term “manifest of inbound and outbound means of transport” (hereinafter referred to as “manifest”) refers to the carrier of information on goods, articles and passengers on board the inbound and outbound means of transport, which includes original manifest, advance manifest and load/passenger manifest.

If there are goods or articles on board the inbound or outbound means of transport, the manifest shall contain information of the master bill of lading (MB/L) or master waybill and the house bill of lading (HB/L) or house waybill thereunder.

Article 3 The customs administration of manifests of inbound and outbound vessels, aircrafts, railway trains and highway vehicles shall be governed by these Measures.

Article 4 Parties which are obliged to transmit electronic manifest data (hereinafter referred to as "manifest transmission parties"), including operators of inbound and outbound means of transport, non-vessel operating common carriers, freight forwarders, shipping agency companies, postal enterprises and express couriers, shall transmit electronic manifest data to Customs within the prescribed time limits and in accordance with the scope of Customs registration.

Parties which are obliged to transmit manifest-related electronic data, including managers of Customs-controlled premises, tally departments and consignors of export goods, shall transmit relevant electronic manifest-related data to Customs within the prescribed time limits.

For any party which fails to transmit manifest or manifest-related electronic data in accordance with the provisions of these Measures, Customs may refuse to carry out entry/exit declaration formalities for the means of transport concerned unless those provisions are observed.

If failure to transmit the manifest or manifest-related electronic data to Customs is caused by special reasons like computer failure, with the approval of Customs, relevant documentation may be presented to Customs in paper form within the prescribed time limits.

Article 5 Customs shall regard the time of receipt of transmission of main data of the original manifest as the time of transmission of electronic data of the import manifest. Customs shall regard the time of receipt of transmission of main data of the advance manifest as the time of transmission of electronic data of the export manifest.

Article 6 Manifest transmission parties, managers of Customs-controlled premises, tally departments and consignors of export goods shall register with the Customs of the place of its business operation directly under the General Administration of Customs (also known as “regional Customs”) or authorized Customs house under that regional Customs.

The following documents shall be presented by manifest transmission parties to Customs for the registration:

(a) Application Form for Registration (see Annex 1);

(b) a sample of bill of lading (or waybill) and a sample of shipping order;

(c) prints of the corporate seal and relevant business stamps of the parties;

(d) photocopy of license document or certificate of qualifications issued by competent administrative authorities; and

(e) other documents as required by Customs.

Managers of Customs-controlled premises, tally departments or consignors of export goods shall submit to Customs the documents listed in preceding paragraphs (a), (d) and (e) of this Article for registration.

When a photocopy is submitted, the original document shall also be presented to Customs for verification.

Where there is any change to the information registered with Customs, manifest transmission parties, managers of Customs-controlled premises, tally departments or consignors of export goods shall submit a written application and relevant documents to Customs for registration modification formalities.

Article 7 Manifest transmission parties may submit a written request to Customs for keeping their commercial secrets and indicate in detail the specific content to be kept confidential.

Customs shall, in accordance with relevant national provisions, undertake the confidentiality obligation and keep properly the materials involving commercial secrets which are provided by manifest transmission parties and related parties.


Chapter II Administration of Manifests of Inbound Means of Transport


Article 8 Before transmitting the electronic data of the original manifest, operators of means of transport shall inform Customs of the estimated time of arrival of the means of transport at the port of destination within the Customs territory.

Before the means of transport arrives at the port, the operator of the means of transport shall inform Customs of the exact time of arrival at the port.

When the means of transport arrives at a place with a Customs office, the operator of the means of transport shall make arrival declaration to the Customs regarding the means of transport.

Article 9 If there are goods or articles on board the inbound means of transport, manifest transmission parties shall transmit to Customs the main data of the original manifest by the following deadlines:

(a) Twenty-four (24) hours before loading onto container vessels, and twenty-four (24) hours before arrival at the first port of call within the Customs territory for non-container vessels;

(b) Before the time of takeoff for aircrafts with flight time below four (4) hours; and four (4) hours before arrival at the first port of call within the Customs territory for aircrafts with flight time above four (4) hours;

(c) Two (2) hours before arrival at the first station of call within the Customs territory for railway trains; or

(d) One (1) hour before arrival at the first station of call within the Customs territory for road vehicles.

Manifest transmission parties shall transmit to Customs other data of the original manifest before the goods or articles arrive at the port of destination.

Only after Customs has received and accepted the transmitted main data of the orig