General Administration of Customs, Measures for the Administration of Direct Return of Imports
中华人民共和国海关进口货物直接退运管理办法
May 02, 2007 | BY
clpstaff &clp articles &Imports may be directly returned by order of customs.
Promulgated: February 2 2007
Effective: April 1 2007
Interpreting Authority: General Administration of Customs
Applicability: The Measures apply to the application by the consignee or consignor of imports, the party responsible for the original means of transport or its agent (Party) for the direct return of all or part of the goods abroad, or the direct return of goods as ordered by customs according to the relevant state provisions, prior to the entry of such goods into China or the completion of formalities for release of such goods by customs.
Where a Party applies for return of goods after the imports in customs transit have been released by customs at the place of entry, these Measures shall not apply. The matter shall be handled in accordance with the general procedures for the return of goods (Article 2).
Direct return of imports of bonded zone, export processing zone, as well as other zones under special regulation of customs and bonded sites under regulation shall, mutatis mutandis, be handled in accordance with these Measures (Article 20).
Main Contents: The direct return of imports shall be decided by the direct supervising customs or its authorized subordinate customs (Article 3). Before the entry of goods into China and the completion of formalities for release of goods by customs, a Party may apply to customs for direct return of goods if: (1) the consignee is unable to provide the relevant documents due to an adjustment in the trade administration policies of the state; (2) written supporting documents of the consignor or the carrier can be provided for the goods that are delivered or unloaded by error, or that are unloaded in excessive quantity; (3) both the consignee and consignor agree to direct return of goods upon consultation, and written documents in support of the consent of both parties can be provided; (4) in the case of a trade dispute, the court judgment, the arbitral award of the arbitration organization or the undisputed and valid certificate for the ownership of goods can be provided; or (5) in the case that the goods are damaged or fail to pass the inspection or quarantine of the state, the relevant inspection supporting document issued by the state inspection and quarantine authority upon application of the consignee can be provided (Article 4).
Before the entry of goods into China and the completion of formalities for the release of goods by customs, customs shall order the Party to directly return the imports abroad if: (1) the imports are prohibited by the state to be imported, and the matter has been handled by customs in accordance with the law; (2) the state policies and regulations on inspection and quarantine have been violated, the matter has been handled by the state inspection and quarantine authority, and the Notification of Inspection and Quarantine or other supporting documents have been issued; or (3) solid waste restricted from import have been imported for use as raw materials without permission, and the matter has been handled by customs in accordance with the law (Article 11).
Related Legislation: PRC Customs Law (Revised), Jul 8 2000, CLP 2000 No.7 p.10
clp reference:5920/07.02.02promulgated:2007-02-02effective:2007-04-01This premium content is reserved for
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