基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

海关行政裁定管理暂行办法 Interim Measures on the Administration of the Administrative Rulings of Customs

2006-05-13 15:11   我要纠错 | 打印 | 收藏 | | |

海关总署令第92号
颁布日期:20011224  实施日期:20020101  颁布单位:海关总署

  Order [2001] No.92 of the General Administration of Customs

  The Interim Measures on the Administration of the Administrative Rulings of Customs, which were adopted after deliberation at the Executive Meeting of the General Administration of Customs on December 7, 2001, are hereby promulgated and shall come into force on January 1, 2002.

  Director of the General Administration of Customs: Mo XinSheng

  December 24, 2001

  Interim Measures on the Administration of the Administrative Rulings of Customs

  Article 1 In order to facilitate foreign trade operators to go through the customs procedures, to provide convenience for legal imports and exports and to increase the efficiency of customs clearance, these Measures have been enacted in accordance with the relevant provisions of the Customs Law of the People's Republic of China.

  Article 2 Customs administrative rulings shall refer to the decisions with general binding force on actual import and export activities, which shall be made by the customs office, before the actual import and export of goods, at the request of the foreign trade operators and in accordance with the relevant customs laws, administrative regulations and rules.

  Administrative rulings shall be made by the General Administration of Customs (hereinafter referred to as the GAC) or the agencies authorized by the GAC, and shall be uniformly promulgated to the public by the GAC.

  Administrative rulings shall have the same force as that of the customs regulations.

  Article 3 These Measures shall apply to the following customs affairs:

  1) Classification of the import and export commodities;

  2) Determination of the origins of the import and export goods;

  3) Application of the measures for prohibiting imports and exports and of the licenses;

  4) Other customs affairs that the GAC decides these Measures shall apply to.

  Article 4 Applicants for customs administrative rulings shall be the operating entities of import and export goods that have registered with the customs office.

  The applicants may file applications with the customs office by themselves, or entrust others to file applications with the customs office.

  Article 5 Except for special circumstances, the applicant for customs administrative ruling shall file a written application to the GAC or the customs office directly under the GAC 3 months before the goods are to be imported or exported.

  One application shall include only one customs affair. Where the applicant applies for customs administrative rulings on several customs affairs, it shall file the applications one by one.

  The applicant may not file applications for administrative ruling on the same customs affair with two or more customs office.

  Article 6 The applicant shall fill in the application form(see Attachment) for administrative ruling according to the requirements of the customs office, including basically the following elements:

  1) Basic information about the applicant;

  2) The matters for which the administrative ruling is applied;

  3) Specific information about the goods for which the administrative ruling is applied for;

  4) Estimated date of import or export and port of import or export;

  5) Other information that the customs office regards needed to be explained.

  Article 7 The applicant shall, according to the requirements of the customs office, provide the materials that can sufficiently explain the applied matters, including the copies of contracts or letters of intent for import or export, pictures, specifications and analysis reports, etc.

  If the documents attached to the application are in foreign languages, the applicant shall provide the foreign originals and the Chinese translations at the same time.

  The application form shall bear the seal of the applicant, and a across-page seal shall be put to the application form.

  Where the applicant entrusts others to apply, the letter of authorization and the identity certification of the agent shall be provided.

  Article 8 The customs office may require the applicant to provide sample goods if it deems necessary.

  Article 9 If the materials provided to the customs office by the applicant for the application for administrative ruling involve any commercial secret, the applicant may ask the customs office to keep secret of them. Except that the submission of those materials is required by judicial procedures, the customs office shall not reveal them without the consent of the applicant. The applicant shall present the request in wring to the customs office for keeping secret of the materials provided, and specifically list the contents that need to be kept secret.

  Article 10 The customs offices directly under the GAC that receive the applications shall make preliminary examinations according to Articles 6, 7 and 8 of these Measures. Those applications meeting the provisions shall be transferred to the GAC or the agencies authorized by the GAC within 3 workdays from the day of acceptance of the application.

  If the application materials do not conform to the relevant provisions, the customs office shall notify the applicant to supplement or correct them within 10 workdays. If the applicant fails to supplement or correct them within the prescribed period, its application shall be regarded as being withdrawn.

  Article 11 The GAC or the authorized agencies shall, within 15 workdays from receiving the application form, examine and decide on whether to accept that application or not, and shall notify the applicant in writing. For those not accepted, the reasons shall be explained.

  Article 12 In any of the following situations, the customs offices shall not accept the application:

  1) The application dose not conform to Articles 3, 4 or 5 of these Measures;

  2) The application is irrelevant to the actual import or export activities;

  3) The customs office has made effective administrative rulings or other clear provisions on the same customs affairs;

  4) Other situations that the customs office decides not to accept the application.

  Article 13 Customs offices may, after accepting the application and before rendering the administrative ruling, ask the applicant to supplement relevant materials or sample goods.

  If the applicant fails to provide valid and complete materials or samples within the prescribed period and thus affects the customs office in the rendering of administrative ruling, the customs may terminate the examination.

  If the applicant voluntarily provides new materials or samples to the customs as supplement, it shall explain the reasons. And the customs shall make examination and decide on whether to adopt them or not.

  If the customs accepts the supplemented materials, it shall make an examination anew on the basis of the supplemented facts and materials, and the time limit for rendering administrative rulings shall be calculated anew from the day of receiving the supplemented materials of the applicant.

  Article 14 The applicant may, before the customs office renders an administrative ruling, declare in writing to the customs to withdraw its application.

  Article 15 The customs office shall, according to the relevant facts and materials and pursuant to the relevant laws, administrative regulations and rules, make examination of and render the administrative ruling on the customs affair applied by the applicant.

  In the course of examination, the customs office may seek the opinions of applicant and other interested persons.

  Article 16 The customs office shall render the administrative ruling within 60 days from the day of accepting the application.

  The administrative ruling rendered by the customs office shall be notified to the applicant in writing and be promulgated to the public.

  Article 17 The administrative ruling rendered by the customs office shall be uniformly applicable within the customs boundaries of the People's Republic of China.

  The goods in the same import or export situation shall be governed by the same administrative ruling.

  The import and export goods that have gone through the relevant procedures for the ruled matter before the ruling takes effect shall not be subject to that ruling.

  Article 18 If the relevant provisions in the laws, administrative regulations and rules based on which the customs office rendered the administrative ruling have changed, and such change affects the force of the administrative ruling, the original administrative ruling shall be invalidated automatically.

  The GAC shall periodically promulgate the administrative rulings that have been invalidated automatically.

  Article 19 In any of the following situations, the GAC shall cancel the original administrative ruling:

  1) The original administrative ruling is wrong;

  2) The original administrative ruling need to be cancelled because the application documents provided by the applicant are inaccurate or incomplete;

  3) Other situations in which cancellation is needed.

  If the customs office cancels an administrative ruling, it shall notify the original applicant in writing and promulgate the cancellation to the public. The decision to cancel the administrative ruling shall take effect from the day of promulgation.

  The administrative rulings that have been canceled by the GAC shall not be retroactive as to the import and export activities that have already occurred.

  Article 20 If any party to the import and export activities protests the specific administrative act made by the customs office, and raises objection to the administrative ruling on which that specific administrative act is based, it may file an application for examination of the administrative ruling at the same time it applies for reconsideration of the specific administrative act. The customs office of reconsideration shall, after accepting that application for reconsideration, transfer the application for examination of the administrative ruling to the GAC, which shall make the examination and decision.

  Article 21 The applicant for administrative ruling shall be responsible for the authenticity and completeness of the applied matter and the materials provided. Whoever conceals the real situations from or provide false materials to the customs office shall bear the corresponding legal liabilities.

  Article 22 The GAC shall be responsible for the interpretation of these Measures.

  Article 23 These Measures shall enter into force on January 1, 2002.

  Attachment: Application Form for Customs Administration Ruling of the People's Republic of China (format 1,2,3)(omitted)

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371