Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2010.11.26

Effective Date:  2010.11.26

Validity Status:  valid

Administrative Measures of the People's Republic of China for the Inspection of Imports and Exports by Customs (Revision 2010)

Administrative Measures of the People's Republic of China for the Inspection of Imports and Exports by Customs

Article 1    These Measures are formulated in accordance with the Customs Law of the People's Republic of China and other relevant laws and administrative regulations for the purposes of regulating the Customs inspection of imports and exports and verifying the conditions of imports and exports in accordance with the law.

Article 2    Inspection of imports and exports referred to in these Measures (hereinafter referred to as the "inspection") shall mean the law enforcement act in which the Customs carries out actual inspection on imports and exports to determine whether the contents declared by the consignee or consignor of imports or exports are consistent with the actual situation of the imports and exports or to determine the category, price and place of origin of the commodities.

Article 3    Inspection shall be carried out jointly by two or more Customs inspectors. Inspectors shall wear Customs uniforms when conducting the inspection.

Article 4    Inspection shall be carried out within the Customs surveillance area.

Where the goods are susceptible to natural factors such as temperature, static electricity, dust etc. and unsuitable for inspection within the Customs surveillance area or the inspection needs to be conducted outside the Customs surveillance area due to other special reason, the Customs may, upon a written application by the consignee or consignor of imports or exports or the agent thereof, assign its personnel to conduct inspection outside the Customs surveillance area.

Article 5    The Customs may implement thorough inspection or random inspection. The inspection may be divided into manual inspection and machine inspection based on the operational methods. Manual inspection includes external inspection and unpacking inspection etc.

The Customs may determine the specific inspection method in light of the situation of the goods and the actual requirements for law enforcement.

Article 6    Prior to inspection of imports and exports, the Customs shall inform the consignee or consignor of imports or exports or the agent thereof to be present during the inspection.

Article 7    During the inspection of goods, the consignee or consignor of imports or exports or the agent thereof shall be present and be responsible for moving, unpacking and repacking the goods as required by the Customs and answer the questions of inspections truthfully and provide necessary materials.

Article 8    Where the imports and exports are fragile and prone to damage from exposure and improper transportation etc. and it is necessary for inspectors to pay special attention during the inspection, the consignee or consignor of imports or exports or the agent thereof shall declare it prior to the inspection by the Customs.

Article 9    The Customs shall implement laboratory testing and verification etc. in accordance with the provisions of the Administrative Measures of the People's Republic of China on Laboratory Testing by the Customs if there is a need to take samples, conduct laboratory testing to further determine or verify the name, specification or any other attributes of the imports and exports during the inspection.

Article 10    Upon inspection, the inspectors shall complete the inspection records truthfully and sign the records. Inspection records shall be signed by the consignee or consignor of imports or exports or the agent thereof for confirmation. Where the consignee or consignor of imports or exports or the agent thereof refuses to sign, the inspectors shall indicate so in the inspection records and the operator of the control premises where the goods are being kept shall countersign as proof. The inspection records shall be kept by the Customs as the attached documents to the Customs declaration.

Article 11    Under any of the following circumstances, the Customs may re-inspect those goods that have been inspected:

(1) where the true attributes of goods have not been found upon the first inspection and there is a need to further determine certain characteristics of the inspected goods;

(2) where the goods are alleged to be involved in a case of smuggling and it is necessary to conduct a new inspection;

(3) where the consignee or consignor of imports or exports objects to the inspection conclusion of the Customs and its request for a re-inspection is agreed by the Customs; or

(4) where it is deemed necessary by the Customs.

A re-inspection shall be conducted in accordance with Articles 6 through 10. The inspectors shall indicate the words of "re-inspection "on the inspection records.

Inspectors involved in the first inspection shall not participate in the re-inspection of the same batch of goods.

Article 12    Under any of the following circumstances, the Customs may directly open the package of the goods for inspection if the consignee or consignor of imports or exports or the agent thereof is not present:

(1) where the imports and exports are alleged to be illegal; or

(2) where the consignee or consignor of imports or exports or the agent thereof is not present upon notification by the Customs.

Where the Customs directly opens the package of goods for inspection, the operator of the control premises where the goods are being kept and the person-in-charge of transportation vehicles shall be present to assist and sign on the inspection records for confirmation.

Article 13    Upon application by the consignee or consignor of imports or exports or the agent thereof, the Customs may arrange for priority inspection of dangerous goods or fresh, perishable, decomposable, short lasting goods etc. which are unsuitable for long-term storage and other goods which require urgent inspection and clearance due to special circumstances.

Article 14    Consignees and consignors of imports and exports or the agents thereof who violate the provisions of these Measures shall be dealt with by the Customs in accordance with the relevant provisions of the Customs Law of the People's Republic of China, the Implementation Regulations of the Customs of the People's Republic of China on Administrative Penalties  and other relevant regulations.

Article 15    In case of causing any damage to the goods being inspected at the time of carrying out the inspection of imports and exports, the Customs shall bear compensation liability in accordance with the Customs Law of the People's Republic of China and the Measures of the Customs of the People's Republic of China for Administrative Compensation.

Article 16    Inspectors who violate the provisions, abuse their official powers to obtain personal gains for themselves or others, ask for or accept bribes, make things difficult or procrastinate inspection during the inspection process shall be dealt with pursuant to the relevant provisions.

Article 17    The Customs shall not collect fees for inspection conducted within the Customs surveillance area. When affixing Customs marks to containers, container trucks or other goods, the Customs may collect the sealing cost.

Expenses incurred in the moving, unpacking or repacking imports or exports for inspection purpose shall be borne by the consignee or consignor of such goods.

The consignee or consignor of imports or exports or the agent thereof shall pay the stipulated fees to the Customs in accordance with the provisions for inspection conducted outside the Customs surveillance area.

Article 18    The following terms used in these Measures shall be defined as follows:

External inspection shall mean the inspection of goods with basic attributes which can be easily identified based on direct observation of the external characteristics, packaging, marking and external appearance etc.

Unpacking inspection shall mean the retrieving of goods from containers, truck cabins etc. and the removing of external packaging to inspect the actual conditions of the goods.

Machine inspection shall mean the inspection of the actual conditions of goods using technical equipment primarily for inspection.

Random inspection shall mean taking samples out of a batch of goods based on a certain ratio to inspect the actual conditions of the goods.

Thorough inspection shall mean unpacking of every unit of the goods to inspect the actual conditions of the goods.

Article 19    The General Administration of Customs shall be responsible for the interpretation of these Measures.

Article 20    These Measures shall be effective 1 February 2006.