Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Measures of the Customs of the People's Republic of China on Administration of Containers and Container Truck Compartments used for Carriage of Customs Supervised Cargo

Measures of the Customs of the People's Republic of China on Administration of Containers and Container Truck Compartments used for Carriage of Customs Supervised Cargo

Chapter 1 GENERAL PRINCIPLES

Article 1    These Measures are formulated in accordance with Article 39 of the Customs Law of the People's Republic of China to regulate Customs supervision on containers and container truck compartments for carriage of Customs-supervised cargo.

Article 2    Containers and container truck compartments used for loading of Customs-supervised goods (hereinafter referred to as the "containers and container truck compartments") shall be manufactured, refitted and maintained in accordance with the requirements and standards stipulated by the General Administration of Customs; the Customs approval licence shall be installed on specific positions on the containers and container truck compartments.

Article 3    The following terms used in these Measures shall be defined as follows:

"Operators" shall refer to users exercising actual control over containers and container truck compartments, regardless of whether they are the owners of the containers or container truck compartments.

"Carriers" shall refer to persons in charge of vehicles carrying the containers and container truck compartments into and out of the territory.

"Applicants" shall refer to factories manufacturing or maintaining containers and container truck compartments, which apply for Customs approval plates.

Article 4    Containers and container truck compartments shall be subject to Customs supervision.

Containers and container truck compartments which do not comply with the standards prescribed by the General Administration of Customs or do not carry an approval plate shall not be used for carriage of Customs-supervised cargo.

Factories manufacturing, refitting or maintaining containers and container truck compartments within the territory shall undergo Customs examination.

Article 5    Upon entry or exit of containers or container truck compartments, the carrier, operator or their agents shall make Customs declaration truthfully and submit the manifest. The manifest shall indicate the description of the vehicle, voyage (vessel) number or vehicle plate numbers of the container trucks, nationality, port of discharge; container number or container truck compartment number, dimensions, gross weight, dead weight; the description, quantities and weight of the goods loaded in the container(compartment); operator, consignee/consignor, bill of lading (airway bill) or shipping order number of the cargo.

Article 6    The operator or its agent shall transmit electronic data of the manifest to the Customs in accordance with Customs regulations.

Article 7    Subject to approval from the transport department of the State Council, international container liner companies may allocate empty containers for turnaround and rental purposes between coastal harbours within the territory. International container liner companies or their agents shall present the approval document issued by the transport department and prepare a container allocation list, to transmit the relevant electronic data to the Customs at the place of exit and the place of entry. The container allocation list shall include the name of the original inbound vessel carrying the containers, voyage(vessel) number and date; the name of the vessel carrying the empty containers for turnaround purpose, voyage(vessel) number, container number, dimensions, port of destination and number of containers etc; and shall transmit the relevant electronic data to the Customs at the place of exit and the place of entry.

Customs formalities are no longer required for empty containers allocated or transported within China by other means of transportation.

Article 8    In the event of container trucks carrying Customs-supervised goods for which the compartments are not detachable to the vehicle, the operator or the carrier shall complete Customs formalities in accordance with the relevant provisions of the Measures of the Customs of the People's Republic of China on Administration on Transport Enterprises Carrying Customs-supervised Goods on Domestic Roads and their Vehicles.

Article 9    Unless approved by the Customs, no one is allowed to open or damage Customs seals on the containers and container truck compartments, or to alter or smear container(compartment) numbers, or to unload or load goods, or to transfer containers or container truck compartments and goods therein from Customs supervision zones.

Chapter 2 APPROVAL FOR MANUFACTURING OF CONTAINERS

Article 10.   

Containers manufactured in China may apply for approval licence issued by the Chinese Customs, or may apply for approval licence issued by foreign Customs from the relevant national authorities of countries participating in the International Convention for Safe Containers, 1972 of the United Nation.

Containers manufactured outside China may apply for the approval licence from the Chinese Customs.

Article 11    The General Administration of Customs authorises the China Classification Society to issue Approval licences for containers on a unified basis.

Article 12    The China Classification Society shall issue approval licences in accordance with the requirements stipulated in these Measures.

(1) Where an owner of containers manufactured in China applies for approval licences issued by the Chinese Customs, the China Classification Society shall examine the container drawings in accordance with the criteria of the General Administration of Customs, conduct physical inspection in accordance with the provisions, and issue a Certificate of Approval by Design Type or a Certificate of Approval Granted Post-manufacture if the application passes the inspection.

(2) Where an owner of containers manufactured outside China applies for approval licences issued by the Chinese Customs, the manufacturer or the owner shall submit the relevant container drawings; the China Classification Society shall, upon examination and onsite confirmation, issue the Certificate of Approval Granted Post-manufacture.

Article 13    After the applicant for Customs approval license for containers obtains the Certificate of Approval by Design Type or a Certificate of Approval Granted Post-manufacture, it shall display the Customs approval licence issued by the China Classification Society on the approved containers in accordance with the provisions of these Measures, and indicate the serial numbers at the specific location on the exterior of the containers.

Article 14    The Customs reserves the right to re-examine the containers inspected by the China Classification Society, and may inspect the issuance process of Customs approval licences of the China Classification Society at any time. Where the issuance of approval licences are found to be poorly administered, the Customs may withdraw its authorisation for issuance of approval licences.

Chapter 3 MANUFACTURE AND REFITTING OF CONTAINER TRUCK COMPARTMENTS

Article 15    The General Administration of Customs authorises the China Classification Society to issue, on a unified basis, Customs approval licences for container truck compartments used for loading of Customs-supervised goods.

The China Classification Society shall, pursuant to the provisions of General Administration of Customs, examine the drawings of container truck compartments applied for Customs approval licence, carry out a physical inspection of container truck compartments, and issue a Certificate of Approval for Container Truck Compartments if an application passes the inspection.

Article 16    After the applicant for Customs approval license for container truck compartments obtains the Certificate of Approval for Container Truck Compartments, it shall display the Customs approval licence issued by the China Classification Society on the approved compartments pursuant to the provisions of these Measures, and indicate the serial numbers on specific locations on the exterior of the compartments.

Chapter 4 MAINTENANCE AND REPAIR OF CONTAINERS AND CONTAINER TRUCK COMPARTMENTS

Article 17    Unless authorised by the Customs, no one is allowed to alter the structure of containers and container truck compartments. Containers and container truck compartments shall retain the original structure after repair; where there is a change to the features of the container or container truck compartment, the owners or applicants shall remove the Customs approval licence, simultaneously submit a written application to the China Classification Society for inspection, and apply for a new Customs approval licence.

Article 18    The Customs may, at any time, inspect containers and container truck compartments bearing a Customs approval licence and under maintenance and repair at the factories.

Chapter 5 ADMINISTRATION OF CONTAINERS AND CONTAINER TRUCK COMPARTMENTS

Article 19   Containers and container truck compartments in use shall display the Customs approval licence. The serial numbers on the exterior of the container or container truck compartment shall be consistent with the serial numbers indicated on the Customs approval licence.

Article 20    Where there is a change to the serial numbers indicated on the exterior of the container or container truck compartment, an application for inspection and issuance of a new Customs approval licence shall be submitted. Where the serial numbers indicated on the container or container truck compartment is illegible or tarnished, the container or container truck compartment shall not be used for loading of Customs-supervised goods.

Article 21    For containers and container truck compartments which are imported or exported as goods, the consignee/consignor or their agent shall declare to the Customs as per imports or exports, regardless of whether goods are loaded therein.

Article 22    Before the containers manufactured in China or containers imported by a Chinese operator are put into use for international transport, the operators shall complete registration formalities with their local Customs.

Containers manufactured in China which have completed the export and export tax refund formalities shall not be registered with the Customs; if registered otherwise, such registration shall be cancelled.

Article 23    Upon obtaining the Certificate of Approval for Container Truck Compartment, transport enterprises carrying Customs-supervised goods shall complete registration formalities for their vehicles with their local Customs in accordance with the provisions of the Measures of the Customs of the People's Republic of China on Administration of Transport Enterprises Carrying Customs-supervised Goods on Domestic Roads and their Vehicles.

Article 24    Where the above-mentioned containers and container truck compartments are scrapped in accordance with the provisions of the first paragraph of Article 25 and Article 26 of these Measures, the operators shall present the existing registration materials to process de-registration formalities with the local Customs.

Article 25    Containers and container truck compartments which comply with the provisions of these Measures shall be allowed to temporarily transit or exit from a different location, regardless if they carry any goods; the operators or the agents are not required to make individual declaration to the Customs in respect of such containers and container truck compartments.

Article 26    Containers and container truck compartments in transit shall exit from China within six months from the date of their entry. Where they are unable to exit by the deadline under special circumstances, the operators shall apply to the Customs at the place of temporary entry for an extension; it can be extended only after approval by the customs, and the extension period shall not exceed three months; if overdue, import and tax payment formalities shall be completed with the Customs in accordance with the provisions.

Containers registered with the Customs in accordance with the provisions of the first paragraph of Article 25 of these Measures shall be exempt from the deadline requirements stipulated in the preceding paragraph for their entry and exit.

Chapter 6 SUPPLEMENTARY PROVISIONS

Article 27    Violation of these Measures which constitutes smuggling or violation of Customs supervision provisions shall be punished in accordance with the relevant provisions of the Customs Law of the People's Republic of China and the Implementation Regulations on Administrative Penalties by the Customs of the People's Republic of China; where the case constitutes a criminal offence, criminal liabilities shall be pursued in accordance with the law.

Article 28    The documents stipulated in these Measures shall be separately formulated and promulgated by the General Administration of Customs.

Article 29    The General Administration of Customs shall be responsible for the interpretation of these Measures.

Article 30    For transport enterprises registering with the Customs following the implementation of these Measures, their container truck compartments carrying Customs-supervised goods shall comply with the standards stipulated by the General Administration of Customs.

For transport enterprises registering with the Customs before the implementation of the Measures, their container truck compartments carrying Customs-supervised goods shall comply with the standards prescribed in these Measures, with effect from annual inspection of the transport enterprise conducted from May 2008 onwards.

Article 31    These Measures shall be effective from 1 March 2004. The Measures of the Customs of the People's Republic of China on Supervision and Control of Imported and Exported Containers and Goods Therein ([83] Shuhuozi 699) effective from 1 January 1984 and the Measures of the Customs of the People's Republic of China on Administration of Verification, Issuance and Approval of Licences to International Containers Carrying Goods under Customs Seal (Shuhuozi (86) 566) effective from 22 July 1986 shall be repealed simultaneously.