关于大型高新技术企业适用便捷通关措施的审批规定 Provisions Concerning Approval of Application of Speedy Customs Formalities

customs shall put stress on management of law observance of the companies entitled to application of speedy customs formalities, and shall always be kept informed of the companies' credit status, internal management, financial affairs (capital), production and operation, annual export volume, payment of taxes and fees, etc…… The customs at the place of export and import shall contact and cooperate with the customs in charge, and shall forwardly contact the customs in charge to solve any problems occurred during their dealing with speedy customs formalities. If the customs in two different places dissent from each other, they shall firstly handle according to the opinions of the customs in charge to ensure the goods' timely going through the customs.

　　Article 8 The companies entitled to application of speedy customs formalities shall lay stress on law observance, perform various undertakings, voluntarily abide by all kinds of prescriptions concerning the customs and management of Foreign Trade and Economy, and safeguard their credit status. At the same time, they shall have strict internal management to prevent their internal working staffs from misusing speedy customs formalities for smuggling activities. When violating the customs regulations, the company shall assist the customs in handling the violation and accept the punishment from the customs.

　　Article 9 The companies whose export volumes are less than $100 million can also apply in writing to the customs in charge for speedy customs formalities, if they do need the application of speedy customs formalities and can meet all the requirements prescribed by the second article of this Regulation at the same time. The contents of their written application shall have the relevant description of the companies with reference to the Form of Record and Approval. On the basis of the application, the customs in charge shall examine and approve together with the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation of the provinces, autonomous regions, municipalities directly under the Central Government and muni

cipalities separately listed on the State plan where the companies are located, and then shall file to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation for approval.

　　Attachment 1 Form of Record and Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies

　　Attachment 2: Letter of Guarantee for Liabilities of Application of Speedy Customs Formalities

　　Attachment 1:

　　Form of Record and Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies

　　_______Customs _____ year ____ month ____ day

　　Name of the Company Scope of Business

　　Code of the Company Manufacturing Products

　　Quality of the Company Export Volume of last year ($ hundred million)

　　Type of the Company Type A( ) Not Assessed yet( )

　　Name of the Company's Bank Bank A/C No.

　　Registration of customs

　　The company's Application for Speedy Customs Formalities Declaring at the Customs in Advance( ) Network Customs Declaration ( )Speedy Customs Clearance( ) Visiting Examination ( ) Emergent Customs Clearance( )Customs Examination on Guarantee ( ) Network Management of Processing Trade( )

　　Solemn Commitment: This Company guarantee the verity of the above contents (attached: the Statement of Assets and Liabilities, the Statement of Gains and Losses and the Statement of Cash Flow), and shall immediately report to the customs and the authorities of Foreign Trade and Economy if any change should occur.

　　Signature of the Legal Representative Seal of the Company Date: ______ year ______ month _______ day

　　Approval of the Commission of Foreign Trade and Economic Cooperation of the provincial level:Seal: _____ year _____ month _____ day

　　Approval of the customs in charge:Seal: ____ year ____ month ____ day

　　Attachment 2:

　　Letter of Guarantee for Liabilities of Application of Speedy Customs Formalities

　　Document No: (200x ) of Guarantee of the Customs

　　Party A: ________Customs Party B:

　　Address: Address:

　　Legal Representative: Legal Representative:

　　Linkman: Linkman:

　　Telephone Number: Telephone Number:

　　In order to be in keeping with the large-scale high-tech companies' manufacturing and operating way and to meet the customs' supervisory requirements, to support the development of high-tech industry, according to the prescriptions of the Circular of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation Concerning Several Issues for Supporting High-tech Industry Development (ShuTingFa [2001] No.279), upon the request of Party B, with the approval of Party A together with _______Commission (Department, Bureau) of Foreign Trade and Economic Cooperation, and under the entrustment of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation, the two parties draft out this Letter of Guarantee, which shall be applied to Party B's customs formalities at all the customs all over the country for imported and exported goods; but if this Letter of Guarantee stipulates for validity and enforceability only within the area of Party A, the stipulations shall be observed. Party B promises to observe laws and administrative regulations and customs rules, perform the obligations stipulated by this Letter of guarantee, and bear the corresponding legal liabilities; Party A promises to work with all customs to provide customs clearance convenience to Party B's legally imported and exported goods, within the permissive scope of laws, administrative regulations and customs rules.

　　Article 1 ( Including Customs Classification in Advance, etc.) According to the relevant customs rules, Party B may apply to Party A to confirm in advance the classification, price duty paid or origin of the importe

d and exported goods before declaration. The decision of Party A of confirming in advance the classification, price duty paid or origin of the imports and exports is valid within the area of Party A. Party B shall ensure that the real condition of the imports and exports confirmed in advance on classification, price duty paid and origin by Party A be in accordance with the particulars furnished in Party B's application. If Party B's imported and exported goods which usually go through other customs need to be confirmed in advance on classification or origin, Party B may apply to the General Administration of Customs for a Administrative Ruling to be applied at all the customs all over the country according to the prescriptions of Article 43 of the Customs Law concerning "Administrative Ruling". Party A shall provide assistance in it.

　　Article 2 (Declaring at the Customs in Advance) For the imported and exported goods meeting the following requirements, Party B may apply for simple formalities of declaring at the customs in advance.

　　(1) For imported goods, within 3 days after delivery before arrival at the port; for exported goods, within 3 days before delivery to the supervisory place of the customs;

　　(2) The names, specifications, quantities and other declarative items of the imports and exports can be confirmed. If Party B has gone through the declaration formalities in advance, submitted the relevant documents and certificates, and obtained the approval from the customs, it may directly apply for the formalities of release after examination at the site of customs examination. If the goods can't be imported or exported due to various causes after Party B has declared at the customs in advance, Party B shall apply to recall this declaration at the site of customs examination within 3 days after it/he is aware of the situation. If the goods actually imported or exported are not in accordance with the particulars furnished in the goods declaration, Party B shall apply to the site of customs examination for modification of this declaration before it/he goes through the formality of handing in documents for examination and the formality of release after examination.

　　Article 3 (Network Customs Declaration) Party B may use the network of China Electronic Ports, and conduct formal customs declaration formalities at the office of Party B. After examining the electronic data of the Declaration Form, the customs shall send an electronic receipt, notifying Party B to conduct the formality of handing-in documents for examination and the formality of release after examination at the site of customs supervision. Under permissible circumstances, the customs may carry out the payment of taxes and fees by electronic transfer through the customs' network with a designated bank. After the customs has sent a notice of electronic payment to Party B, the goods shall be released upon the bank's electronic receipt of transfer.

　　Article 4 (Emergent Customs Clearance) The customs shall establish a speedy clearance office to give Party B priority in going through formalities of examination and release for its imports and exports. Party B may contact Party A's supervisory office during Party A's working hours to prearrange for clearance formalities to be conducted at festivals and holidays and non-working hours.

　　Article 5 (Speedy Customs Transfer) Upon Party B's request, the customs shall give priority to Party B in going through speedy customs transfer formalities for its goods imported and exported through different domestic ports except those designated by the State that can only be imported and exported through particular ports.

　

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