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| Category | CUSTOMS | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1990-09-09 | Effective Date | 1990-09-09 | Date of Invalidation | 1997-08-01 |
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Measures of the Customs of the People's Republic of China Concerning the Administration of the Goods, Means of Transport, and Articles Carried by Individuals to Be Brought Into or out of the Bonded Area of Outer Gaoqiao in Shanghai (Note 1) |
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Article 1 The Measures are formulated in accordance with the Customs
Law of the People's Republic of China and the provisions of other pertinent
laws and regulation promulgated by the State in order to promote the
construction in the bonded area of Outer Gaoqiao in Shanghai and develop the
export-oriented economy.
Article 2 The bonded area of Outer Gaoqiao in Shanghai (hereinafter
referred to as "the bonded area") is under the supervision and administration
of the Customs, and the Customs shall carry out the task of supervision and
administration in the bonded area according to Law. On the demarcation line
between the bonded area and the non-bonded areas (i.e., the other areas within
the territory of China, the same below shall be established well equipped
separation installation.
Article 3 Goods, means of transport, or articles carried by individuals
entering or leaving the bonded area must go through the entrance and exit of
the Customs establishments. They shall be declared at the Customs truthfully
and accept the inspection of the Customs. Enterprises engaged in import and
export business and enterprises engaged in production and storage business in
the bonded area, shall present document of approval, issued by the Shanghai
People's Government or by the competent authorities designated by it, to the
Customs for registration.
Article 4 With respect to import and export commodities in the bonded
area, the consignee, the consignor, or their agent shall fill in the
declaration form for import and export commodities, and present the relevant
documents in accordance with provisions.
Article 5 Within the confines of the bonded area, only the competent
administrative organs and relevant enterprises are to be established.
With the exception of the security personnel, no other personnel shall
be permitted to reside in the bonded area.
Article 6 Within the confines of the bonded area, goods imported by the
competent administrative organs or enterprises for their own use shall be
used only in the bonded are; these goods are strictly forbidden to be
transferred or sold in the non-bonded areas without approval. The bonded
goods must be re-transported out of the territory, or be re-transported
after being processed out of the territory.
If, under special circumstances, the aforesaid goods must be transferred
to, or sold in non-bonded areas, they shall be regarded as imported goods,
and the persons concerned shall present import licence as prescribed by the
State, and pay import duty and product tax in the link of import (i.e. tax on
added value) or consolidated industrial and commercial tax.
Article 7 The establishment of production of projects, in the bonded
area, which are restricted and controlled by the State, shall be approved by
the competent authorities prescribed by the State.
Article 8 Goods and articles, whose import and export are forbidden
by the State, shall not be brought into or out of the bonded area.
Goods intended to be sold in the non-bonded areas shall not be transported
into the bonded area.
Article 9 The Customs has the right to inspect, according to the Article 10 Import or export licence shall be exempted in the following Article 11 Goods (including raw materials, spare parts and components, Article 12 With respect to the domestically manufactured machinery, Article 13 Customs duty and consolidated industrial and commercial tax (1) the machinery, equipment, and other goods and materials for capital (2) the building materials, the equipment for production and administration, (3) the means of transport within reasonable quantities, articles for (4) the raw and processed materials, spare and components parts, primary (5) transit goods shall be treated as bonded goods, and shall be exempted (6) the importation of articles other than those within the scope as (7) the exportation of products processed by enterprises in the bonded Article 14 Enterprises destined for production in the bonded area shall The aforesaid enterprises shall set up specialized account books to keep Article 15 The finished products manufactured with imported raw materials Article 16 The imported raw materials and spare and component parts In case the imported raw materials and spare and component parts are not Article 17 A foreign trade enterprise in the bonded area, which is Article 18 When a foreign trade enterprise in the bonded area conducts Article 19 Goods imported by a foreign trade enterprise in the bonded Article 20 When a foreign trade enterprise delivers goods, imported by With respect to the aforesaid goods carried over by the production Article 21 Goods imported through the agency of a foreign trade Article 22 Transit goods imported from abroad into the bonded area shall Article 23 Transit goods, with the approval of the Customs, may undergo Article 24 The time limit for the storage of transit goods in the bonded Article 25 The persons in charge or the owners of the means of transport Article 26 Means of transport, on entering or leaving the bonded area, Article 27 Means of transport and personnel, while going from the Article 28 Cases concerning the supervision charges for goods with Article 29 It is strictly prohibited to engage in illegal activities of Article 30 The right to interpret these Measures resides in the General Article 31 These Measures shall be promulgated and put into effect by Note 1 In the Reply to the Measures of the Customs of the People's
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provisions of the Customs Law of the People's Republic of China, goods
imported into or exported from the bonded area and the sites connected with
them.
Chapter II The Basis for the Inspection and Clearance of Imported and
Exported Goods and the Preferential Treatment in Taxation
cases; the importation into the bonded area of machinery, equipment, goods
and materials for capital construction, motor vehicles for production, means
of transport, and articles for office use, which are to be used within the
bonded area; the importation of raw and processed materials, spare and
component parts, primacy parts, fuels, and packaging supplies needed to
processing export products; the transit goods for storage; and the products
processed in the bonded areas and destined for export.
primary parts, and packaging supplies for the production of export products),
transported from the non-bonded areas into the bonded area, shall be regarded
as export goods, and the Customs procedures shall be completed in accordance
with the pertinent provisions promulgated by the State.
equipment and articles for daily use, which are transported into the bonded
area from the non-bonded areas and are for the use by administrative
departments, enterprises and their personnel in the area, the interested
units shall declare at the Customs, which shall give clearance after
inspection. As regards those imported goods and articles transported into
the bonded area from the non-bonded areas and which have been cleared after
going through import procedures, the Customs duties already paid shall not
be refunded.
(tax on products, or tax on added value) on the import and export goods of
the bonded area shall be handled in accordance with the following provisions:
construction needed for the construction of basic installations and facilities
in the bonded area shall be exempted from duty;
the fuels for production, motor vehicles within reasonable quantities for
production, means of transport, articles for office use, and the spare parts
and fittings needed for the maintenance of the aforesaid machinery, equipment
and motor vehicles, which are imported by enterprises in the bonded area for
their own use, shall be exempted from duty;
office use, equipment for administration, imported by administrative
departments in the bonded are for their own use, shall be handled by applying
mutatis mutandis the provisions of Item (2) of this Article;
parts, and packaging supplies, imported by the enterprises in the bonded
area to be used for production of export products, shall be held in bond;
from duty if they are to be re-exported;
prescribed in Items (1) through (5) of this Article, shall be taxed in
accordance with relevant regulations;
area shall be exempted from export duty and consolidated industrial and
commercial tax in the production link (tax on products, or tax on added
value).
Chapter III The Administration of the Import and Export Commodities of
Production Enterprises
register at the Customs for the record, and obtain a "registration handbook".
separate records of the importation, storage, exportation, and marketing
conditions of raw and processed materials, spare and component parts, primary
parts and finished goods; and submit periodical statements to the Customs for
future reference and for verification and cancellation.
and spare parts by production enterprises shall all be sold abroad. If, under
special circumstances, it is necessary to sell finished products, substandard
products, and leftover bits and pieces of raw materials in the non-bonded
areas, such products shall be regarded as imported products, the procedures
for importation shall be completed in accordance with the pertinent provisions
of the State and duties be paid according to regulations. The Customs shall,
in accordance with the quantities of the imported raw materials and spare and
component parts of which the finished products consist, levy duties on them.
In the event that the consignors or their agents cannot submit an accurate
report on the names, quantities and value of such raw materials and spare and
component parts, the Customs shall take the finished products as imported and
levy duties as such.
shall, within the period of one year after their importation, be processed into
finished products and sold outside the Chinese territory; and the enterprise
concerned shall, within the period of one month after the completion of the
execution of the contract, approach the Customs for verification and
cancellation be presenting the "registration handbook" and the declaration
form for export commodities endorsed by the Customs.
processed into finished products within one year, with the exception of
special approval for an extension, due procedures for obtaining a licence and
paying the duty as import goods shall be completed.
Chapter IV Administration of Commodities Imported and Exported by Foreign
Trade Enterprises
approved by the State competent authorities to conduct import and export
business, may transact transit trade and act as an agent for other enterprises
in the bonded area to import raw and processed material and spare and
component parts for production, or to export products. However, it may not
purchase goods manufactured by enterprises in the non-bonded area; nor may it
act as an agent for enterprises in the non-bonded area to import goods.
import and export of goods, the Customs shall give clearance after verifying
the import and export agency contract signed between the foreign trade
enterprise and the interested production enterprise, and other relevant
documents.
area shall be stored in the warehouses and sites designated by the Customs
within the bonded area, and the aforesaid enterprise shall keep specialized
account books, and submit periodical statements to the Customs for
verification.
it as an agent, to a production enterprise for processing, or exports goods
as an agent for the production enterprise, both buying and selling parties
shall, by presenting the import and export agency contract to the Customs,
go through the procedures for Customs declaration, carrying-over of accounts,
and verification and cancellation.
enterprise the Customs shall handle the matter in accordance with the
provisions in Chapter III of these Measures.
enterprise shall not be transferred or sold to the non-bonded areas without
authorization.
Chapter V Administration of Warehousing and Storing Enterprises for
Transit Goods
be stored in warehouses and sites, designated by the Customs, in the bonded
area. Without the approval of the Customs, the aforesaid goods shall not be
transferred or sold.
simple processing in warehouses, such as grading, selecting, pasting trademark
tags, and changing the packing. The warehousing and storing enterprises
shall keep specialized account books for import, storage, transit, and
marketing, and submit periodical statements to the Customs for verification.
area shall be one year. If, under special circumstances, there is a need to
extend the time limit, an application shall be filed with the Customs for
an extension, which shall in no way exceed one year. In the event that the
transit goods are not transported out of the bonded area within the time
limit, the Customs shall handle the case in accordance with the provisions of
Article 21 of The Customs Law of the People's Republic of China.
Chapter VI Administration of Means of Transport and Articles Carried
Along by Individuals
entering or leaving the bonded area, or their agents, shall present the
certification, approved by Shanghai People's Government or the competent
organs designated by it, for going through the procedures of registration for
the record.
shall declare at the Customs, and accept the inspection by the Customs.
bonded area to a non-bonded area, shall not, without approval, transport or
carry out of the bonded area bonded goods or products made from bonded raw
and processed materials and spare and component parts.
Chapter VII Supplementary Provisions
Customs duties reduced or exempted, or for bonded goods imported into the
bonded area, shall be handled in accordance with Measures of the Customs of
the People's Republic of China Concerning the Collection of Customs
Supervision Charges for Goods Imported with Reduction of or Exemption from
Customs Duty, and for Bonded Goods.
smuggling by taking advantage of the preferential treatment and conveniences
granted by the State to the bonded area. The Customs shall handle the
smuggling activities which occur in the bonded area in accordance with the
provisions of The Customs Law of the People's Republic of China.
Customs Administration. Rules for the implementation of these Measures may be
formulated by the Shanghai Customs in accordance with these Measures. The
implementation rules shall be put into effect after its approval by the
General Customs Administration.
the General Customs Administration.
Note:
Republic of China Concerning the Administration of the Goods, Means of
Transport, and Articles Carried by Individuals to be Brought into or out
of the Bonded Area of Outer Gaoqiao in Shanghai, The State Council gave
the following instruction: "A special, colsed channel shall be constructed
in between the bonded area of Outer Gaoquao in Shanghai and the wharf. The
Measures shall be put into effect after the separation installations in the
bonded area have been completed, and checked strictly and accepted by the
Customs." --The Editor
URL: http://www.asianlii.org/cn/legis/cen/laws/motcctaotgmotaacbitbbioootbaoogis1704