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Government Documents
Government Documents
UPDATED: July 16, 2008 NO. 28 JUL. 10, 2008
Administrative Measures of the Customs of the People's Republic of China on Good Temporarily Imported or Exported
Promulgated by the General Administration of Customs on March 1, 2007 and effective as of May 1, 2007
 
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export formalities under the relevant provisions upon the approval of the local competent customhouse directly under the General Administration of Customs.

Chapter IV Management of ATA Carnets

Article 26 The China Chamber of International Commerce is the institution that issues and guarantees the ATA carnets in China. It shall have the responsibilities of issuing ATA carnets for exportation, submitting to the customhouse the electronic text in Chinese for the carnets it issues, assisting the customhouse to distinguish whether any ATA carnets are authentic or fake, as well as paying the customhouse the relevant duties (taxes) and pecuniary penalty incurred by any ATA carnet holder that violates the provisions concerning temporary importation or exportation.

Article 27 The General Administration of Customs shall set up an ATA Verification and Write-Off Center in Beijing Customhouse. The ATA Verification and Write-Off Center shall verify, write off, conduct the statistical work and demand a recourse of the importation and exportation vouchers under ATA carnets, provide importation or re-exportations certificates for goods temporarily imported or exported under ATA carnets in light of the request of the guarantor of any member state and the relevant original vouchers, and coordinate and manage the verification and write-off of ATA carnets of customhouses throughout the country as well.

Article 28 The ATA Verification and Write-Off Center shall uniformly use the ATA Carnet Recourse Circular, ATA Carnet Verification and Write-Off Circular and ATA Carnet Advance Payment Circular (see Attachments 7, 8 and 9 for format).

Article 29 The customhouse shall only accept ATA carnets that are completed in Chinese or in English.

Article 30 If any ATA carnet is under the circumstance that it has been damaged or destructed after the importation, the ATA carnet holder shall make a confirmation in the local competent customhouse directly under the General Administration of Customs with the new ATA carnet as issued by the original issuing institution.

The items filled in the new ATA carnet shall be consistent with those filled in the former ATA carnet.

Article 31 Where the extension of the time period for goods temporarily imported or exported under an ATA carnet exceeds the valid period of the ATA carnet, the ATA carnet holder shall apply for renewing the ATA carnet to the original issuing institution. The renewed ATA carnet may replace the former carnet upon confirmation of the local competent customhouse.

The renewed ATA carnet can only alter the valid period of the carnet and shall keep other items conform to those in the former carnet. The former ATA carnet is invalidated as of the starting of the renewed one.

Article 32 In the case of the transit, transshipment or transport of goods under any ATA carnet, the customhouse shall handle the formalities for importation or exportation upon the page for exiting or entering the territory of China in the ATA carnet.

If an ATA carnet holder needs to transport goods temporarily imported or exported through transit under any ATA carnet, the customhouse shall handle the transit formalities upon the page for exiting or entering the territory of China in the ATA carnet.

Article 33 Where any goods temporarily imported under any ATA carnet fail to be re-exported or fail to be transported to pass the territory of China under relevant provisions, the ATA Verification and Write-Off Center shall apply for a recourse demand to the China Chamber of International Commerce. If the China Chamber of International Commerce provides to the customhouse a certification that certifies the goods have been re-exported within the prescribed time limit or that the import formalities have been completed within nine months as of the date of demand, the ATA Verification and Write-Off Center may annul the aforesaid demand. If it fails to provide the above-mentioned certification, the China Chamber of International Commerce shall pay the duties (taxes) and pecuniary penalty to the customhouse.

Article 34 Where any goods temporarily imported under carnet are re-exported to exiting the territory of China, if they fail to go through the verification and writing off or the endorsement by the customhouse in China for any reason, the ATA Verification and Write-Off Center shall verify and write off the ATA carnet upon the endorsement on the ATA carnet by the customs authority of any other contracting state that certifies that importation or re-importation of this batch of goods, or other documents as acknowledged by the customhouse in China that can certify that this batch of goods has left China actually, as certifications certifying that the goods have been re-exported to exiting the territory of China.

In the case of any circumstance as mentioned in the preceding Paragraph, the ATA carnet holder shall pay to the customhouse an adjustment fee according to the relevant provisions. If the carnet holder applies for verifying and writing off the carnet upon the certification as issued by the customs authority of any other country that certifies the goods have left the customs area of China before the customhouse of China issues an ATA Carnet Recourse Circular, the adjustment fee shall be exempted by the customhouse.

Chapter V Supplementary Rules

Article 35 In the case of any violation of the present Measures that

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