Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.11.23

Effective Date:  2018.11.23

Validity Status:  valid

Measures of the Customs of the People's Republic of China on the Control of Inbound and Outbound Printed Articles and Audio-visual Products

Measures of the Customs of the People's Republic of China on the Control of Inbound and Outbound Printed Articles and Audio-visual Products

Article 1   These Measures are formulated pursuant to the provisions of the Customs Law of the People's Republic of China and other related laws and administrative regulations, for the purpose of standardising Customs' control of inbound and outbound printed articles and audio-visual products.

Article 2   These Measures shall apply to the Customs' control of inbound and outbound printed articles and audio-visual products shipped, carried or mailed.

Inbound and outbound photographic films, paper matrices, drawings, clippings, manuscripts, handwritten copies, photocopies and other goods and articles which contain contents in wordings, images and symbols etc shall be subject to Customs' control pursuant to the provisions of these Measures on inbound and outbound printed articles.

Inbound and outbound articles containing graphic and audiovisual information in the form of magnetic tapes, optical disks and electronic storage media shall be subject to Customs' control pursuant to the provisions of these Measures on control of inbound and outbound audio-visual products.

Article 3   The consignees, consignors, owners and their agents of inbound and outbound printed articles and audio-visual products shall declare truthfully to the Customs pursuant to the law and accept Customs' control.

Article 4   Printed articles and audio-visual products which contain any of the following contents shall be barred from entering China:

(1) oppose the basic principles of the Constitution;

(2) threaten unity, sovereignty and territorial integrity;

(3) endanger State security or jeopardise State reputation and interests;

(4) attack the Chinese Communist Party and vilify the Government of the People's Republic of China;

(5) incite ethnic hostility and discrimination, disrupt ethnic unity, or undermine ethnic customs and practices;

(6) publicise cult and superstition;

(7) disrupt social order, and undermine social stability;

(8) publicise obscenity, gambling or violence, or abet crimes;

(9) humiliate or defame others, and infringe upon the lawful rights and interests of others;

(10) endanger social morale or the distinguished ethnic and cultural traditions;

(11) contraband items determined by the competent State authorities; and

(12) any other contents banned by the laws, administrative regulations and the State.

Article 5   Printed articles and audio-visual products which contain any of the following contents shall not be brought out of China:

(1) contents stated in Article 4 of these Measures;

(2) where State secrets are involved; and

(3) contraband items determined by the competent State authorities.

Article 6   Where the Customs finds it difficult to determine whether an inbound or outbound printed article or audio-visual product contains any of the contents stipulated in Article 4 and Article 5 of these Measures, the Customs shall deal with the case pursuant to the examinations and conclusions made by the relevant administrative departments of the State Council or its designated specialised agencies.

Article 7   Printed articles and audio-visual products brought into China by individuals for personal use that satisfy the following quantity criteria shall be cleared by the Customs free of tax:

(1) each person may, at any one time, carry no more than 10 sets (copies) of the same edition of books, newspapers and periodicals;

(2) each person may, at any one time, carry no more than 20 sets of a single disc of an audio-visual product;

(3) each person may, at any one time, carry no more than 3 sets of a book set publication; and

(4) each person may, at any one time, carry no more than 3 sets of a serial audio-visual product.

Article 8   Where the quantity of printed articles and audio-visual products carried by an individual exceeds the quantity stipulated in Article 7 of these Measures but still falls within the reasonable scope of personal use, and the matter does not fall under any of the circumstances stipulated in Article 9 of these Measures, the Customs shall grant clearance after imposing import duties on the excess quantity of inbound articles pursuant to the relevant provisions of the Regulations of the People's Republic of China on Import and Export Duties.

Article 9   The Customs shall, under any of the following circumstances, conduct the relevant formalities for all inbound printed articles and audio-visual products as per imported goods pursuant to the law:

(1) where a person brings more than 50 sets (copies) of a single edition of books, newspapers or periodicals into China by hand or post at any one time;

(2) where a person brings more than 100 units of a single disc of an audio-visual product into China by hand or post at any one time;

(3) where a person brings more than 10 sets of a book set publication into China by hand or post at any one time;

(4) where a person brings more than 10 sets of a serial audio-visual product into China by hand or post at any one time; and

(5) where the inbound articles and audio-visual products exhibit the characteristics of goods.

The consignee, consignor, owner and their agent of the inbound printed articles and audio-visual products may, under any of the aforesaid circumstances, apply for a return shipment of such inbound printed articles and audio-visual products pursuant to the law.

Article 10   Inbound printed articles and audio-visual products of religious nature brought into China by hand or post will be allowed if the quantity falls within the reasonable scope for personal use.

Where the quantity of printed articles and audio-visual products of a religious nature brought into China or otherwise imported exceeds the reasonable quantity for personal use, the Customs shall grant clearance after imposing duties based on the certification issued by the State Administration for Religious Affairs, its authorised provincial administration for religious affairs or other administrative departments of the State Council. Where no certification is given, the Customs shall deal with the case pursuant to the relevant provisions of the Implementation Regulations of the Customs of the People's Republic of China on Administrative Penalties (hereinafter referred to as the "Implementation Regulations").

Printed articles and audio-visual products of a religious nature for random distribution shall be barred from entering China.

Article 11   The importation business of printed articles and audio-visual products must be approved or designated by the relevant administrative departments of the State Council. No entity or individual may engage in the importation business of printed articles and audio-visual products without approval or designation.

Any other entity or individual that imports printed articles and audio-visual products shall entrust an importation business unit designated by the relevant administrative departments of the State Council to complete importation formalities with the Customs.

Article 12   Unless the State stipulates otherwise, a business unit engaging in importation of printed articles such as newspapers, periodicals and books shall present the import approval documents issued by the State press and publication administrative authority, the relevant Customs declaration documents and other required documents, to complete importation formalities with the Customs.

Article 13   For importation of finished audio-visual products, or importation of master tapes (discs) and demo tapes (discs) used for publication of audio-visual products, a business unit shall present the "Approval Statement of the Ministry of Culture of the People's Republic of China for Importation of Audio-visual Products" (hereinafter referred to as the "Approval Statement"), the relevant Customs declaration documents and other required documents to complete importation formalities with the Customs.

Article 14   Where an entity that does not engage in the audio-visual product business imports audio-visual products for the purposes of the entity's publicity, training and advertising, the entity shall submit the Approval Statement, the relevant Customs declaration documents and other required documents pursuant to the requirements of the Customs; where the total quantity is 200 discs or less, the entity shall be exempted from obtaining the Approval Statement.

Article 15   For operating system specifications, equipment instructions, dedicated software and other contents of printed articles and audio-visual products which are imported simultaneously with the imported machinery and equipment, or imported for the purpose of re-export together with the accompanying machinery and equipment, the importer shall submit the contracts, invoices, relevant Customs declaration documents and other required documents pursuant to the requirements of the Customs, but the organisation may be exempted from obtaining the Approval Statement and other approval documents.

Article 16   Where printed articles and audio-visual products donated by an overseas party are imported, the donee shall submit the letter of donation issued by the donor, the certificate of acceptance issued by the donee, and the relevant list of items donated.

Where the quantity of printed articles donated by an overseas party exceeds 100 sets or the quantity of audio-visual products donated by an overseas party exceeds 200 discs, the donee shall submit to the Customs the approval document issued by the relevant administrative department of the State Council, in addition to the aforesaid documents and certificates.

Article 17   For exportation of printed articles and audio-visual products, the relevant organisations shall complete export formalities with the Customs pursuant to the provisions of the relevant laws and regulations.

Article 18   Where inbound and outbound printed articles and audio-visual products are used for exhibition and display purposes, the organiser or the participating exhibitor shall complete temporary import or export formalities with the Customs pursuant to the relevant provisions of the State.

Article 19   Where inbound and outbound prohibited printed articles and audio-visual products are shipped, carried or mailed into or out of China, if a truthful declaration is made to the Customs, the printed articles and audio-visual products shall be confiscated, or be subject to a return shipment order, or be destroyed or be subject to technical handling under Customs' supervision.

Where inbound and outbound restricted printed articles and audio-visual products are shipped, carried or mailed into or out of China, if a truthful declaration is made to the Customs but the declarant is unable to present a licence, the printed articles and audio-visual products shall be subject to a return shipment order.

Article 20   For the following inbound and outbound printed articles and audio-visual products, the Customs shall deal with as per abandoned goods and articles pursuant to the law where:

(1) the consignee or owner of the goods or the owner of the inbound or outbound printed articles and audio-visual products has declared an abandonment;

(2) the Customs formalities have not been completed within the period stipulated by the Customs or the goods are left uncollected; and

(3) the goods cannot be delivered or returned.

Article 21   Violations of the provisions of these Measures which constitute smuggling or violations of Customs' control provisions or other violations of the Customs Law shall be dealt by the Customs pursuant to the relevant provisions of the Customs Law and the Implementation Regulations; where the case constitutes a criminal offence, criminal liability shall be imposed according to the law.

Article 22   Customs clearance formalities for printed articles and audio-visual products entering bonded zones, export processing zones and other special Customs' controlled regions and bonded controlled premises shall be conducted pursuant to the relevant provisions.

Article 23   The inbound and outbound printed articles and audio-visual products of the foreign embassies and consulates and their personnel in China, the United Nations and its special agencies and their personnel, as well as the Chinese representative offices of other international organisations and their personnel with an agreement concluded with the Chinese Government, which enjoy diplomatic privileges and immunities, shall be handled pursuant to the relevant provisions.

Article 24   The determination of the quantity and the Customs clearance formalities of inbound and outbound printed articles and audio-visual products for personal or office use by permanent representative agencies or offices of all overseas enterprises or organisations in China (excluding international schools for children of foreign personnel), as well as all types of non-resident long-term tourists, overseas students on home trips, and short-term multi-trip tourists, shall be handled pursuant to the relevant provisions.

Article 25   The following terms used in these Measures shall be defined as follows:

Printed articles shall mean copies carrying identical contents that are duplicated on paper or any other commonly used material, by making original image or text manuscript on printing plates.

Audio-visual products shall mean any vinyl record, audio tape, video tape, laser disc and compact disc, which contain content.

Printed articles and audio-visual products of a religious nature for random distribution shall mean printed articles and audio-visual products brought into China by shipping, hand or post, which do not fall within the reasonable scope and quantity for personal use, and are evidently meant for broadcasting, and are in violation of the laws and regulations and relevant policies of the State on religious affairs.

The term "not more than" preceding a numerical value shall include the said numerical value.

Article 26    The General Administration of Customs shall be responsible for the interpretation of these Measures.

Article 27   These Measures shall be effective 1 June 2007. The Administrative Provisions of the Customs of the People's Republic of China on Hand-carried and Mailed Inbound and Outbound Printed Articles and Audio-visual Products (General Administration of Customs Order No. 21) promulgated on 11 June 1991 shall be repealed simultaneously.