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Measures for Customs Supervision and Control of the Bonded Area

Measures for Customs Supervision and Control of the Bonded Area

(Approved by the State Council on June 10, 1997 and Promulgated by the General Administration of Customs on August 1, 1997)

Chapter I  General Provisions

 

Article 1 These Measures are formulated to enhance and improve supervision of the customs over the bonded areas and promote sound development of the bonded areas according to the provisions of the Customs Law and other applicable laws.

 

Article 2 The establishment of the bonded areas within the territory of the People's Republic of China must be subjected to the approval of the State Council.

 

Article 3 The bonded areas are specially designed areas under customs supervision and control. The Customs shall supervise and control goods, transportation means and articles carried by individuals entering or leaving the bonded areas pursuant to these Measures.

 

Isolation facilities in line with the requirements for customs supervision and control should be installed between bonded areas and other areas within the territory of the People's Republic of China (hereinafter referred to as "non-bonded area").

 

Article 4 Only administrative organs for the bonded areas and enterprises are established in the bonded areas. No persons other than the security guards shall reside in the bonded areas.

 

Article 5   The enterprises established in the bonded areas (hereinafter referred to as "in-area enterprises") shall complete the formalities of registration at  the customs. In-area enterprises shall ,pursuant to the provisions of the relevant laws and regulations of the State, keep ledgers, compile statements and tables, do bookkeeping and carry out accounting and settlement on legal and effective vouchers and record such information as the stocks, transfers, transshipment, sales, processing, utilization and damages and consumption of goods and articles entering or leaving the bonded areas.

 

 

Article 6 The bonded area practise the customs auditing system. In-areanterprises shall hook up with the electronic computers network of the customs and carry out electronic data exchange.

 

Article 7 The customs are empowered to inspect and examine the goods, articles, transportation means and personnel entering or leaving the bonded areas as well as related sites in the areas according to the provisions of the Customs Law.

 

Article 8 The goods and articles banned by the State from import and export must not enter or leave the bonded area.

 

Chapter II  Supervision and Control of Entry and Exit Goods between the Bonded Areas and Beyond-the-boundary Areas

 

Article 9   The Customs shall exercise simple, convenient and effective supervision and control over entry and exit goods between the bonded areas and the beyond-the-boundary areas.

 

Article 10 Consignees, consignors or their agents shall report to the customs for the record on entry and exit goods between the bonded areas and the beyond-the-boundary areas.

 

Article 11 No import-export quota and license control shall be exercised other than passive export quota control in respect of entry and exit goods between the bonded areas and the beyond-the-boundary areas.

 

Article 12  Import duty and import link taxes of goods entering the bonded areas from places beyond the boundaries, unless otherwise provided for in laws and regulations, shall be handled in accordance with the following provisions:

 

 (1)  Machinery, equipment and other capital goods necessary for in-area construction projects of infrastructure for production shall be exempted from taxation;

 

 (2)  The production and management equipment, rational quantity of office items for their own use by in-area enterprises as well as their required parts and components for maintenance, fells for production, materials and equipment required for the construction of workshops for production and warehouse facilities shall be exempted from taxation;

 

(3) Rational quantity of management equipment and office items as well as the required parts and components for maintenance for their own use by the administrative organs of the bonded areas shall be exempted from taxation; and

 

 (4) Raw materials, parts, components and packing materials required for the processing of export products by in-area enterprises shall be bonded.

 

The goods or articles entering the bonded area beyond the scope specified in sections (1) to (4) in the preceding paragraph shall be taxed in accordance with law. The goods for transshipment and goods stored in the bonded area shall be put under control as bonded goods.

 

Chapter III  Supervision and Control of Entry and Exit Goods between the Bonded Areas and the Un-bonded Areas

 

Article 13 Formalities for import goods shall be completed for goods from the bonded areas entering un-bonded areas; formalities for export goods shall be completed for goods from un-bonded areas entering the bonded areas and export tax refund shall be processed in accordance with the relevant provisions of the State. The customs exercise supervision and control over entry and exit goods between the bonded areas and the un-bonded areas pursuant to the provisions of the State related to import-export control.

 

Article 14 For machinery, equipment, capital goods and articles entering the bonded areas from the un-bonded areas for in-area use, user units should submit lists of the above-mentioned goods or articles which will be cleared upon customs inspection. Goods or articles of the preceding paragraph which have already paid import duty and import linked tax shall not be refunded.

 

 

Article 15 For goods of the bonded area to be imported and exported from the ports of un-bonded ports or goods of one bonded area to be shipped to another bonded area, written applications shall be submitted to the customs in advance and these goods will be handled according to customs transfer shipment and relevant provisions upon the approval of customs.

 

Chapter IV Supervision and Control over Goods in the Bonded Areas

 

Article 16 The goods in bonded areas can be transferred and diverted among in-area enterprises; the interested parties shall report to the customs on matters relating to the transfers and diversions for the record.

 

Article 17 . Such simple processing as classification, sorting, painting and pasting of marks and change in packaging forms of transit goods in the bonded areas can be carried out in in-area warehouses or other in-area sites.

 

Article 18 When in-area enterprises hold exhibitions and displays of foreign commodities and commodities of the un-bonded areas in the bonded areas, the displayed commodities should be subjected to customs supervision and control.

 

Chapter V  Control of the Goods of Processing Trade in the Bonded Areas

 

Article 19 The in-area processors shall complete the formalities at the customs for their required raw materials and components entering or leaving the bonded areas for the record.

 

Article 20 Production of export products under passive quota control by in-area processors shall be subjected to the approval of the competent authorities under the State Council in advance.

 

Article 21 Formalities should be completed at the customs in accordance with the relevant provisions of the State for the shipment out of the country of the finished products and the leftover bits and pieces of industrial materials produced in the process of processing by in-area processors; they shall be exempted from export duty unless otherwise provided for in laws and regulations.

 

  Shipment by in-area processors of in-area processed finished products, substandard products or the leftover bits and pieces of industrial materials produced in the process of processing to un-bonded areas should go through formalities of import customs declaration at the customs in accordance with the relevant provisions of the State and pay taxes according to law.

 

Article 22 For finished products processed entirely with materials and components shipped in from abroad by in-area processors to be sold in un-bonded areas, the customs shall levy tax as import finished products.For processed finished products containing materials and components shipped in from abroad to be sold in un-bonded areas, the customs shall levy tax in accordance with their contained shipped-in materials and components; for untruthful declarations with regard to item names, quantity and value of the shipped-in materials and components from abroad, the customs shall levy taxes as import finished products.

 

 

Article 23 In-area processors entrusting enterprises in un-bonded areas or accepting the entrustment of the enterprises in un-bonded areas for processing business should gain the approval of the customs in advance and meet the following conditions:

 

(1)     They have in-area production places which have already formally conducted processing business;

 

(2)     Main working procedure of the processing business entrusted to enterprises in un-bonded areas should be carried out in the bonded areas;

 

 (3)  The duration of entrusting enterprises in un-bonded areas with processing business shall be six months; when extension becomes necessary under extraordinary circumstances, application for extension should be submitted to the customs and the duration of extension shall be six months. Products should be shipped back to the bonded areas upon completion of processing in un-bonded areas; when it becomes necessary to export the products direct from the un-bonded areas, formalities for verification and deduction should be completed at the customs; and

 

 (4) In-area processors taking orders of entrusted processing from enterprises in un-bonded areas should complete the formalities for the materials and components for entrusted processing at the customs for the record, separate ledgers of the materials, components and products of entrusted processing and those of the in-area enterprises should be kept and they should be used separately. Products upon completion of processing should be shipped back to the enterprises in the un-bonded areas, and the in-area processors shall apply to the customs for writing off the case.

 

Article 24 The customs do not practice the system of bank guarantee machine account for processing trade for the processing businesses with imported materials and with customers' materials conducted by in-area processors.

 

  When the processing business is entrusted to enterprises in un-bonded areas, the enterprises in the un-bonded areas shall go through the formalities of contract registration for the record and follow the bank guarantee machine account system.

 

Chapter VI Supervision and over the Transportation Means and Articles Carried by Individuals Entering and Leaving the Bonded Areas.

 

Article 25 The transportation means and personnel entering and leaving the boned areas shall go through the special-purpose passages designated by the customs and be subjected to customs inspection.

 

Article 26  The persons in charge of the transportation means entering and leaving the bonded areas shall complete the formalities for registration at the customs for the record on the presentation of the certificates of approval by the competent departments of the bonded areas along with lists of the names, quantity, license plate numbers and drivers' names.

 

Article 27  Unless approved by the customs, the transportation means and personnel from the bonded area to the un-bonded area must not ship or carry the duty-free goods and articles, bonded goods as well as products made with bonded materials and components.

 

Chapter VII  Supplementary Provisions

 

Article 28 Whoever in violation of the provisions of these Measures shall be dealt with Customs Law of People's Republic of China and Administrative Implementation Rules of < Customs Law of People's Republic of China >; in cases of serious consequence, the customs may cancel the registration qualification of in-area enterprises with the customs.

 

Article 29 The specific measures relating to putting on record provided for in these Measures shall be formulated by General Customs Administration.

 

Article 30 These Measures will go to effect as of the date of promulgation. Management Measures of People's Republic of China for Goods, Transportation Means and Personal Belongs Going in and out of Shanghai Waigaoqiao Bonded Area shall be abolished at the same time.

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