Laws of the People's Republic of China

The General Administration of Customs

Decree of the General Administration of Customs

No.26

Measures of Customs of the People's Republic of China on Administration of Import and Export Goods of the Development Zones of High/new Technological Industries of the Country are hereby promulgated and shall come into force as of October 1,1991.

Officer of the General Administration of Customs: Dai Jie

September 2, 1991

Measures of Customs of the People's Republic of China for the Administration over Import and Export Goods of the Development Zones of the State High/new Technological Industries

Article 1

With a view to promoting the construction and development of the Development Zones of High/new Technological Industries, these Measures are formulated in accordance with the Customs Law of the People's Republic of China and related policies and regulations of the state concerning the Development Zones of High/new Technological Industries.

Article 2

These Measures shall be applicable to the high/new technological enterprises (hereinafter referred to as the enterprises) in the Development Zones of High/new Technological Industries (hereinafter referred to as the Development Zones) approved by the government.

Article 3

Before the importation of the goods, and enterprise shall go through the registration formalities to the Customs with the following documents:

1.

certificate of the high/new technological enterprise issued by the verifying department appointed by the science and technology committee of the province, autonomous region or municipality directly under the Central Government;

2.

approval document of the competent department of foreign economic relations and trade shall be needed for an enterprise having foreign trade right while a registering at the Customs;

3.

business licence issued by the industrial and commercial administration;

4.

other related documents of the enterprise.

Article 4

Raw materials, materials, components and spare parts imported for the production of the export goods shall be exempted from import licences, and shall be released by the Customs against the export contracts and approval documents of the verifying department of the Development Zones and be subject to the import and export procedures of inward processing. Enterprises having conditions of establishing bonded factories and bonded warehouses shall be supervised according to relevant provisions after the Customs approval.

Article 5

Instruments and equipments which are unable to be produced domestically and are used for developing high/new technology in the Development Zones shall be exempted from import duties, product taxes (VAT) or industrial and commercial consolidated taxes. The Customs shall deal with the duty-exemption procedures after verifying the approval documents of the competent departments in the Development Zones. Spare parts accompanied in the importation of the instruments and equipments shall be dealt with in accordance with the above provisions. The above- mentioned goods which are subject to import licence control shall also be provided with import licences.

Article 6

High technical products, samples for dissembling and testing imported by the enterprises shall be released free of duty by the Customs against the approval documents of the verifying department. These samples and sampling machines shall not be transferred for other usage or for sale.

Article 7

While applying for duty-exemption, and enterprise shall fill in the application forms for duty-exemption in triplicate and submit to the Customs together with the copy of import contract. After the examination of the forms, the Customs shall stamp the duty-exemption stamp on the forms and kept one copy for record, give one copy to the owner of the goods and post one copy to the Customs establishment at the place of importation of the goods to fulfill the import duty-exemption procedures.

Article 8

Products produced by enterprises their own shall be exempted from export duties, except those subject to the state export restriction or otherwise provided. Export products from places outside the Development Zones or exported on behalf of others outside the Zones, for which the substantial processing of value added less than 20%, shall also be subject to duty-payment according to the regulations.

Article 9

Instruments and equipments imported by an enterprise with duty-exemption shall be used only for that enterprise, and shall not be transported out of the Development Zones, nor be transferred, sold, rented, taken for other uses without the Customs authorization and the Customs procedures fulfilled.

Article 10

Bonded goods mentioned in Article 4 of these Measures transferred for home usage shall be approved by the former verifying department and with the Customs permit, and shall also be subject to the import licence control shall be provided with import licence to the Customs.

Article 11

Enterprises in the Development Zones enjoying import and export preferential treatment shall set up special account books for goods enjoying duty-exemption and duty-reduction. The Customs shall be entitled to examine and read the account books and relevant documents.

Article 12

Import and export goods entering or leaving the Customs territories at places other than the Development Zones shall be dealt with as transit goods according to the related measures.

Article 13

Measures of the People's Republic of China on the Collection of Customs Supervising Fees on Import Goods Granted with Duty Reduction or Exemption and Bonded Goods shall also be applicable to the goods granted with duty reduction or exemption and bonded goods in the Development Zones.

Article 14

Development Zones located in the Special Economic Zones, Opening Coastal Cities and Economic and Technological Development Zones shall also enjoy the preferential policies of the special areas besides these Measures. Enterprises with foreign investment in the Development Zones shall also be dealt with in accordance with the relevant provisions of enterprises with foreign investment besides these Measures.

Article 15

Activities in violation of these Measures shall be dealt with in accordance with the Customs Law of the People's Republic of china and other related provisions.

Article 16

These Measures shall be explained by the General Administration of Customs.

Article 17

These Measures shall enter into force as of October 1, 1991.