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[No.161] Decree of the General Administration of Customs of the People's Republic of China No.161


Measures of the General Administration of Customs of the People's Republic of China on Supervision and Control over the Entry and Exit of Printed Matter and Audio/Video Products, which were adopted at the Executive Meeting of the General Administration of Customs on February 14, 2007, are hereby promulgated and shall be effective as of June 1, 2007. Provisions of the General Administration of Customs of the People's Republic of China on the Administration of the Entry and Exit of Printed Matter and Audio/Video Products Carried or Posted by Individuals promulgated in the form of Decree No. 21 of the General Administration of Customs on June 11, 1991 shall be abolished simultaneously.


Mu Xinsheng

Minister

General Administration of Customs

April 18, 2007



Measures of the General Administration of Customs of the People's Republic of China on Supervision and Control over the Entry and Exit of Printed Matter and Audio/Video Products


(Adopted at the Executive Meeting of the General Administration of Customs on February 14, 2007, promulgated by Decree No. 161 of the General Administration of Customs of the People’s Republic of China on April 18, 2007, and effective as of June 1, 2007)


Article 1  These Measures are formulated in accordance with the provisions of the Customs Law of the People’s Republic of China (hereinafter referred to as the Customs Law) and other related laws and administrative regulations for the purpose of standardizing Customs control over the entry and exit of printed matter and audio/video products.


Article 2  These Measures are applicable to Customs control over the entry and exit of printed matter and audio/video products that are transported, carried or posted into or out of the Customs territory of China.

Customs control over the entry and exit of photographic plates, paper molds, paintings, clippings, manuscripts, hand-written copies, photocopies and other goods and articles containing text, images and symbols shall be exerted in accordance with the provisions of these Measures on inward and outward printed matter.

Customs control over the entry and exit of magnetic, optical and electrical storage media containing graphics, images, text, sound and other audio/visual information shall be exerted in accordance with the provisions of these Measures on inward and outward audio/video products.


Article 3  The consignee, consignor or owner of the inward and outward printed matter and audio/video products or the agent thereof shall faithfully declare to Customs as prescribed by law and shall be subject to Customs control.


Article 4  The printed matter and audio/video products containing any of the following contents shall be denied entry:

(1) those which go against the fundamental principles established by the Constitution of the People’s Republic of China;

(2) those which jeopardize the national re-unification, sovereignty and territorial integrity of China;

(3) those which jeopardize the national security or undermine the honor or interests of the nation;

(4) those which attack the Communist Party of China or defame the Government of the People’s Republic of China;

(5) those which incite ethnic hatred and ethnic discrimination, undermine national solidarity or encroach upon ethnic customs and practices;

(6) those which propagate evil cults and superstition;

(7) those which disrupt public order or undermine social stability;

(8) those which propagate obscenity, gambling or violence or instigate crimes;

(9) those which insult or defame others, or infringe on the legitimate rights and interests of others;

(10) those which jeopardize social morality or fine national cultural traditions;

(11) those which, upon determination by the competent authorities of the State, should be prohibited from entry;

(12) other contents that are prohibited from entry by laws, administrative regulations and other national provisions.


Article 5  The printed matter and audio/video products containing any of the following contents shall be denied exit:

(1) those which are listed in Article 4 of these Measures;

(2) those which involve national secrets;

(3) those which, upon determination by the competent authorities of the State, should be prohibited from exit.


Article 6  Where it is difficult for Customs to determine by itself whether the inward or outward printed matter or audio/video products contain any of the contents specified in Articles 4 and 5 of these Measures, Customs may act according to the conclusion of examination or appraisal of the competent administrative authorities of the State Council or any specialized body designated thereby.


Article 7  Inward printed matter and audio/video products for personal use which are within the following quantity limit may be admitted duty-free upon inspection by Customs:

(1) no more than 10 copies (or pieces) of books, newspapers and periodical publications issued in separate edition per person per time;

(2) no more than 20 discs (or tapes) of audio/video products issued in single disc (tape) per person per time;

(3) no more than 3 sets of book publications issued in complete set per person per time; and

(4) no more than 3 sets of audio/video products issued in complete set per person per time.


Article 8  Where the inward printed matter and audio/video products for personal use exceed the quantity limit as specified in

Article 7 of these Measures but are still within the reasonable quantity for personal use and do not fall within the scope as prescribed in Article 9 of these Measures, Customs shall give clearance after levying duties on the extra part in accordance with the relevant provisions on the collection of import duty on inward articles of the Regulations of the People’s Republic of China on Import and Export Duties.


Article 9  In any of the following circumstances, Customs shall treat the whole batch of printed matter and audio/video products as imported goods and handle the relevant formalities accordingly:

(1) the number of inward books, newspapers and periodical publications issued in separate edition carried or posted by individuals exceeds 50 copies or pieces per person per time;

(2) the number of inward audio/video products issued in single disc (tape) carried or posted by individuals exceeds 100 discs or tapes per person per time;

(3) the number of inward book publications issued in complete set carried or posted by individuals exceeds 10 sets per person per time;

(4) the number of inward audio/video products issued in complete set carried or posted by individuals exceeds 10 sets per person per time;

(5) other characteristics that constitute the attributes of goods.

If any of the circumstances listed in the preceding paragraph occurs, the consignee, consignor or owner of the inward printed matter and audio/video products or the agent thereof may apply, as prescribed by law, for return shipment of the inward printed matter and audio/video products.


Article 10  The inward religious printed matter and audio/video products carried or posted by an individual for personal use and within the reasonable quantity shall be permitted to enter the Customs territory.

Where the inward religious printed matter and audio/video products are not within the reasonable quantity for personal use or are imported by other means, Customs shall, upon the strength of the certificate issued by the State Administration for Religious Affairs, the administrative department for religious affairs of the relevant provincial government entrusted thereby or other competent administrative authorities of the State Council, release them after levying duties and conducting inspection. Those without the relevant proof shall be handled by Customs in accordance with the relevant provisions of the Regulations of the People’s Republic of China on Implementing Customs Administrative Penalty (hereinafter referred to as the Implementing Regulations).

The religious printed matter and audio/video products for the purpose of handing out shall be prohibited from entry.


Article 11   To engage in the import business of printed matter or audio/video products, approval or designation shall be obtained from the competent administrative authorities of the State Council. Otherwise, no organization or individual shall engage in the import business of printed matter or audio/video products.

In importing printed matter or audio/video products, any organization or individual other than those approved or designated shall entrust an import operating unit designated by the competent administrative authorities of the State Council to go through the importation formalities with Customs.


Article 12  Unless otherwise provided for in other national provisions, in importing such printed matter as newspapers, periodicals and books, the units engaging in such import business shall go through importation formalities with Customs upon the strength of the import approval documents issued by the competent administrative authorities for press and publication of the State Council, the checklist of items, relevant Customs declaration documents and other documents as may be required.


Article 13  In importing finished audio/video products or in importing the master tape (disc) or sample tape (disc) of the audio/video products for use in publication, the units engaging in such import business shall present to Customs the Form of Import Permit for Audio/Video Products of the Ministry of Culture the People’s Republic of China (hereinafter referred to as the Form of Import Permit), the relevant Customs declaration documents and other documents as may be required to go through importation formalities.


Article 14  Where an organization not of the nature of an import operating unit of audio/video products is importing audio/video products for the purposes of in-house publicity, training or advertisement, it shall, in accordance with the requirements of Customs, present the Form of Import Permit, contract, relevant Customs declaration documents and other documents as may be required. Where the total quantity is no more than 200 tapes (discs), exemption from presentation of the Form of Import Permit may be granted.


Article 15  When the printed matter and audio/video products containing such contents as operating systems, specifications and instructions, and proprietary software of machines and equipment are imported together with those machines and equipment and will be re-exported together with those machines and equipment after importation, the units engaging in such import business shall, in accordance with the requirements of Customs, present the contract, invoice, relevant Customs declaration documents and other documents as may be required. However, exemption from presentation of such approval documents as the Form of Import Permit may be granted.


Article 16  Where printed matter and audio/video products are imported as donations or gifts from overseas, the beneficiary organization shall submit to Customs the letter of donation or presentation issued by the donor or presenter, the document of acceptance issued by the beneficiary organization and the checklist of the relevant items.

Where the printed matter and audio/video products received as donations or gifts from overseas exceed 100 copies or 200 discs (tapes) respectively, the beneficiary organization shall, in addition to the above-mentioned documents, submit to Customs the documents of approval issued by the competent administrative authorities of the State Council.


Article 17  In exporting printed matter and audio/video products, the relevant entities shall, in accordance with the related laws and regulations, go through the exportation formalities with Customs.


Article 18  In the case of entry or exit of printed matter and audio/video products for exhibition or display, the organizer of the exhibition or the exhibitors shall, in accordance with the relevant national provisions, go through the formalities for temporary importation and exportation with Customs.


Article 19   Where inward or outward printed matter or audio/video products transported, carried or posted whose entry or exit is prohibited by the State are declared to Customs faithfully, they shall be seized or ordered to be returned, or destroyed or processed technically under the supervision of Customs.

Where inward or outward printed matter or audio/video products transported, carried or posted whose entry or exit is prohibited by the State are declared to Customs faithfully, but the relevant license documents fail to be submitted, they shall be shipped back,


Article 20  The following inward and outward printed matter and audio/video products shall, as prescribed by law, be disposed of by Customs as abandoned goods and articles:

(1) those which the consignee, the owner of the goods and the owner of the inward and outward printed matter and audio/video products have declared to renounce;

(2) those which, within the time limit prescribed by Customs, have failed to go through Customs procedures or are unclaimed; and

(3) those which are undeliverable and cannot be returned.


Article 21  Acts in violation of these Measures that constitute smuggling, violation of Customs control regulations or other breaches of the Customs Law shall be dealt with by Customs in accordance with the Customs Law and the Implementing Regulations. Where such an act constitutes a crime, criminal liability shall be imposed accordingly.


Article 22  The Customs clearance procedures for the printed matter and audio/video products admitted into bonded areas, export processing zones or other special Customs control areas or bonded Customs control premises shall be handled in accordance with the relevant provisions.


Article 23  The entry and exit of the printed matter and audio/video products of foreign diplomatic missions and consular posts stationed in China and the staff thereof that enjoy diplomatic privileges and immunities, the representative offices stationed in China by the United Nations, its specialized agencies and other international organizations which have concluded an agreement with the Chinese government and the staff thereof shall be handled in accordance with the relevant provisions.


Article 24   The formalities for approval of quantity and Customs clearance for the inward and outward printed matter and audio/video products for business or personal use by the resident representative agencies or offices of various types of overseas enterprises or organizations stationed within the Customs territory, excluding the schools of children of foreigners, and various types of non-resident long-term visitors, returned overseas students and short-term visitors who go back and forth repeatedly within the short period shall be handled in accordance with the relevant provisions.


Article 25  For the purpose of these Measures:

“Printed matter” refers to the reproductions of the same content of the original images or text on paper or other conventional materials through making a printing plate.

“Audio/video products” refers to content-containing gramophone records, audio tapes, video tapes, laser video discs, laser audio discs, etc.

“Religious printed matter and audio/video products for the purpose of handing out” refers to the inward religious printed matter and audio/video products transported, carried or posted beyond the reasonable quantity for personal use which have obvious characteristics of dissemination in violation of the regulations of the State on religious affairs and other relevant policies.

“No more than” includes the number itself.


Article 26  The right of interpretation of these Measures shall remain with the General Administration of Customs.


Article 27  These Measures shall come into force as of June 1, 2007. Provisions of the General Administration of Customs of the People's Republic of China on the Administration of the Entry and Exit of Printed Matter and Audio/Video Products Carried or Posted by Individuals promulgated in the form of Decree No. 21 of the General Administration of Customs on June 11, 1991 shall be abolished simultaneously.



(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)


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STATEMENT

General Administration of Customs of the People's Republic of China

Address: No.6. Jianguomennei Avenue, Dongcheng District, Beijing, China        Postcode: 100730