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国务院办公厅转发口岸领导小组《关于加强空运进口贷物管理的暂行办法》的通知 INTERIM MEASURES CONCERNING STRENGTHENING ADMINISTRATION OF IMPORTS BY AIR

2006-05-18 14:19   我要纠错 | 打印 | 收藏 | | |

国办发(1987)55号
(Approved and promulgated by the State Council on August 25, 1987)
颁布日期:19870825  实施日期:19870825  颁布单位:国务院办公厅

  With the development of China's foreign trade and economic and technological exchanges with foreign countries, the amount of imports by air has increased rapidly and the task of transporting goods from airports has become increasingly arduous. The following interim measures are formulated in order to speed up the flow of goods at airports to prevent goods from being kept too long in storage:

  1. When entrusting the foreign trade companies and the industrial trade companies which are empowered to import the relevant commodities to do the ordering, the units importing goods through air transport must conscientiously fill out import orders according to the instructions of the entrusted units. The full name of the units and the detailed addresses must be written in the column for the consignee, with the names and telephone numbers of the persons in charge clearly indicated.

  2. When it is necessary to claim damages and demand resupply of goods from the seller because of lack or loss of imported goods caused by the seller, the company which did the ordering shall be responsible for the work involved. If, in special cases, the job must be done by the users themselves, it is necessary to ask the seller to indicate clearly on the way bill the number of the contract and the consignee (if foreign trade transport companies or other agent transport departments are entrusted to do the job, the names of these companies or departments shall be indicated) and notify the company which did the ordering of the goods of the results.

  3. Foreign trade companies and industrial trade companies should accept entrustment for ordering goods within the approved scope of business for handling imported commodities. They must not accept entrustment from those user units which have not obtained import licences for the goods.

  These companies should examine and verify import orders and write the marks, codes and symbols in strict accordance with the relevant stipulations. The relevant personnel should be professionally familiar with the structure of the marks and arrange the codes strictly according to their order. No such mistakes as reversion, addition and subtraction may be allowed. Newly-established foreign trade companies and industrial trade companies shall apply to the Ministry of Foreign Economic Relations and Trade (or its Transport Bureau) for marks and codes within one month of approval for the establishment. Those companies which have not applied must go through the formalities within one month of promulgation of these Measures. No units may be allowed to devise their own codes or borrow the codes of other units. The Ministry of Foreign Economic Relations and Trade (or its Transport Bureau) shall conduct regular check-ups of the marks and codes used by various companies.

  4. When signing contracts of imports by air with foreign businessmen and companies, foreign trade companies and industrial trade companies should try to fix FOB prices (prices calculated on the basis that the seller deliver the goods to the planes designated by the buyer) in the clauses so that our civil aviation planes and the agencies for air transport of our foreign trade transport companies or other agent transport companies stationed in foreign countries will be used as much as possible. When signing contracts with foreign businessmen and companies, foreign trade companies and industrial trade companies should take into full consideration the factors of Customs clearance and transport in China.

  When the sellers are requested to write way-bills, bills and receipts, they must provide consistent marks, codes and the numbers of the contracts, with enough copies. It is also necessary to ask the sellers to make eye-catching full-size marks and symbols on the outside packing of the goods.

  5. After signing contracts, foreign trade companies and industrial trade companies shall promptly send copies of the contracts, the licences and other relevant materials to foreign trade transport companies or other agent transport companies as certificates for taking over the goods, Customs clearance and transport.

  6. After imported goods arrive at airports by air, transport departments of the civil aviation administration shall promptly complete the formalities for handing over the goods to the relevant foreign trade transport companies and other agent transport companies, with every lot of goods carefully checked. In case of any lack or damage of the goods or of loss of the whole lot of goods, transport departments of the civil aviation administration shall sign and issue certificates.

  7. After receiving the goods entrusted for Customs clearance, foreign trade transport companies or other agent transport companies should go through the formalities within the time limit prescribed by the Customs.

  With respect to the goods which have been entrusted for Customs clearance but are not armed with adequate number of documents and those goods which have not been entrusted but belong to the category for which agent transport companies have the duty to notify the relevant units, these companies should send three notices or letters of inquiry to the units ordering the goods or the consignee within the limited Customs clearance period. Upon the arrival of the goods, a notice of arrival or a letter of inquiry shall be sent; if the goods are not cleared through the Customs within a month, a notice of pressing for Customs clearance or a letter of inquiry shall be sent; if the goods are not cleared through the Customs within two months, another notice of pressing for Customs clearance or a third letter of inquiry shall be sent. All the notices and letters shall be sent by registered mail. With respect to the goods which should be directly handed over to the consignee by transport departments of the civil aviation administrations, the departments shall send three notices of pressing for Customs clearance within two months of the arrival of the goods.

  8. In order to find out the real situation to facilitate the Customs clearance, in case that goods imported by air are not cleared through the Customs two months after the day when the means of transport were declared for entry, transport departments of the civil aviation administration, foreign trade transport companies or other agent transport departments may send separate applications to the Customs for opening the packing of the goods. The opening of the packing shall be conducted under the supervision of the Customs, which shall sign and issue the relevant certificates.

  9. Under no excuses may consignees refuse to go through the formalities concerning Customs clearance and refuse to take delivery of their goods.

  When there are good reasons, they should promptly explain to the Customs, transport departments of the civil aviation administrations, foreign trade transport companies or other agent transport departments, and complete the job within three months. During this period, the consignees may declare to the Customs that they abandon the relevant advertisement material, samples, presents and those documents of claims for damages which have exceeded the prescribed period of validity. The goods imported through contracts and those documents of claims for damages which have not exceeded the prescribed period of validity may not be abandoned in principle. When there are good reasons for the abandonment, approval must be obtained from the competent department.

  10. The Customs should simplify the formalities and speed up the examination and clearance of imported goods in the spirit of providing good service but with strict examination. The imported goods with documents of approval issued by the

  State shall be cleared according to the relevant regulations.

  The goods for which damages have been claimed shall be examined and cleared in accordance with the Stipulations Concerning Imposition of or Exemption from duties on Imported and Exported Goods Compensated at No Costs formulated by the General Administration of Customs. If it is difficult for the consignees to produce the certificates of claims for the examination on the spot, the Customs may clear the goods first after the consignees provide necessary guarantee and promise to go through the formalities within the time limit. With respect to the samples and presents which do not belong to the category of imported goods restricted by the State but are not supported by receipts, upon the application of the consignees, the Customs may open the packing for examination, offer an appraised price and clear the goods with or without taxes according to the regulations.

  11. If consignees fail to declare to the Customs within three months of the declaration for entry by the means of transport, their imported goods shall be transferred to the Customs for sale by the transport departments of the civil aviation administration, foreign trade transport companies or other agent transport department. The goods should be sold in the principle of economy and making the best use of everything. Instruments and machinery equipment should be sold as far as possible to the relevant units. The money from the sale of such goods, after the deduction of the expenses for transport, loading and unloading and storage as well as the duties, shall be returned by the Customs to the consignees upon their applications within one year of selling. The money shall be turned over to the State treasury if no one applies for it.

  12. Units importing goods, foreign trade companies, industrial trade companies, foreign trade transport companies and other agent transport departments as well as the Customs at the airports must all strictly implement these Measures and should, in accordance with these Measures, establish and amplify their rules and regulations and clarify post responsibilities.

  13. The commissions (or offices) in charge of port affairs in various regions shall, in accordance with the Interim Provisions for the Scope of Competence of Local Administrative Organs for Port Affairs issued by the General Office of the State Council, organize various relevant units at the ports to jointly check the implementation of these Measures and solve contradictions promptly through coordinated efforts.

  In case that goods have gone bad, documents claiming for damages have exceeded the prescribed period, or owners of the goods cannot be found because of clogged airports caused by violations of these Measures, investigations shall be carried out to pursue the economic and administrative liabilities of the responsible units or persons.

  14. The Leading Group for Port Affairs of the State Council shall, in conjunction with the Ministry of Foreign Economic Relations and Trade, the General Administration of Customs, the Civil Aviation Administration of China and other relevant departments, conduct regular checkups and promptly review and solve existing problems.

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