Order of the General Administration of Customs of the People’s Republic of China (No.153) Provisions on the Administration of Customs Statistics in People’s Republic of China (PRC)

Order of the General Administration of Customs of the People’s Republic of China

sequence 153 number

  The "Regulations" of People’s Republic of China (PRC) Customs on the administration of statistical work, which was deliberated and adopted at the executive meeting on 29 August 2006, is hereby promulgated and shall come into force as of 1 November 2006. The People’s Republic of China (PRC) Customs Statistics System promulgated on November 21, 1994 shall be abolished at the same time.

                         Director Mou Xinsheng       
                           September 12, 2006   

 

Provisions of People’s Republic of China (PRC) Municipality on the Administration of Customs Statistics

  the first In order to standardize customs statistics and ensure the quality of statistical data, these Provisions are formulated in accordance with the Customs Law of People’s Republic of China (PRC), the Regulations of People’s Republic of China (PRC) on Customs Statistics and other relevant laws and administrative regulations.
  the second These Provisions shall apply to the statistical work conducted by the customs on the trade of import and export goods and inbound and outbound articles according to law, as well as other relevant statistical work involving import and export goods and inbound and outbound articles.
  Article Customs statistics should adhere to the principles of accuracy, timeliness, scientific integrity and international comparability.
  Article 4 The customs shall carry out statistical investigation according to law, comprehensively collect and review the original customs declaration materials of the consignor or agent of import and export goods, and summarize and sort out the statistical data.
  Article 5 The customs shall conduct statistical analysis on the statistical data of import and export trade according to law, and study the characteristics, trends and laws of foreign trade operation.
  The customs shall carry out real-time monitoring and dynamic early warning of import and export according to the statistical data of import and export trade and relevant macroeconomic statistics at home and abroad.
  Article 6 The customs shall make use of the statistical data of the customs to carry out statistical supervision according to law, supervise the import and export behavior and process of enterprises, analyze and evaluate the customs law enforcement activities, and check and correct the acts of false reporting, concealment, forgery and tampering with statistical data.
  The relevant departments and units shall promptly deal with the problems found by the customs statistics department and the suggestions made.
  Article 7 The customs shall carry out statistical consulting services in accordance with the relevant provisions of the state.
  In addition to comprehensive statistical data published in accordance with the law and provided free of charge, the customs provides paid consulting services for import and export trade statistics.
  Article 8 The scope of customs statistics includes goods that actually enter or leave the country and cause the increase or decrease of domestic material stocks, as well as articles that should be included in statistics according to law.
  Article 9 Goods and articles that have not actually entered or left the country or that have actually entered or left the country but have not caused an increase or decrease in the domestic material stock are not included in customs statistics.
  Article 10 The following goods are not included in customs statistics:
  (1) Transit goods, transshipment goods and through goods;
  Temporary import and export of goods;
  (3) Currency in circulation as a means of international payments and gold for currency;
  (4) Leased goods with a lease term of less than one year;
  (5) Similar goods that are compensated or replaced free of charge by the carrier, consignor or insurance company of the import and export goods due to damage, shortage, poor quality or non-conformity of specifications;
  (6) Returned goods;
  (seven) border trade import and export goods;
  (eight) aquatic products caught by China ships on the high seas;
  (9) Fuel, materials and food added by ships or aircraft of China nationality in China; Fuel, materials, food and abandoned waste materials added overseas by means of transport of China nationality or foreign nationality;
  (10) Samples or advertisements with no commercial value;
  (11) Goods transferred between special customs supervision areas, bonded supervision places and between special customs supervision areas and bonded supervision places;
  (12) Other goods not included in customs statistics.
  Article 11 The following items are not included in customs statistics:
  (a) repair items;
  (2) Salvaged articles;
  (3) Articles for personal use of inbound and outbound passengers (except automobiles);
  (four) the official articles of Chinese embassies and consulates in foreign countries and foreign embassies and consulates in China, as well as the articles for personal use of embassy and consulate personnel;
  (5) Official articles for entry and exit of Chinese troops stationed in Hong Kong and Macao Special Administrative Regions and articles for personal use of military personnel;
  (6) Other articles not included in customs statistics.
  Article 12 For goods and articles that are not included in customs statistics, the customs may carry out individual statistics according to management needs.
  The quantity and amount of individual statistics are not included in the quantity and total value of customs statistics.
  Article 13 According to the needs of national economic development and customs supervision, the customs can adjust the statistical items of import and export goods and inbound and outbound articles; Conduct long-term or phased statistics on some statistical items of import and export goods and inbound and outbound articles.
  The adjustment of statistical items shall be announced by the General Administration of Customs.
  Article 14 The commodity names and codes of customs statistical items shall be classified and counted according to the commodity names and codes listed in the Catalogue of People’s Republic of China (PRC) Customs Statistical Commodities.
  The Catalogue of Statistical Commodities of People’s Republic of China (PRC) Customs was promulgated by the General Administration of Customs.
  Article 15 Import and export goods shall be counted in accordance with the number (weight) of units of measurement specified in the Catalogue of Statistical Commodities of People’s Republic of China (PRC) Customs.
  Where the goods are listed in the Catalogue of Statistical Commodities of People’s Republic of China (PRC) Customs with the second unit of measurement, the second quantity (weight) shall be counted according to the second unit of measurement at the same time.
  Article 16 The prices of import and export goods are counted on the basis of the duty-paid price approved by the customs.
  The price of imported goods is calculated according to the cost, insurance and freight (CIF price), and the price of exported goods is calculated according to the FOB price.
  Article 17 The prices of import and export goods are calculated in US dollars and RMB respectively. If the prices of import and export goods are denominated in other foreign currencies, they shall be converted into US dollars and RMB respectively according to the monthly conversion rates of various foreign currencies to US dollars published by the State Administration of Foreign Exchange and the China Bank conversion price applicable to customs taxation.
  Article 18 The country (region) of origin of imported goods shall be counted according to the Regulations of People’s Republic of China (PRC) on the Origin of Import and Export Goods and the relevant provisions of the General Administration of Customs.
  If the country (region) of origin of imported goods cannot be determined, statistics shall be made according to "country unknown".
  Article 19 The final destination countries (regions) of export goods are counted according to the countries (regions) where export goods are known to be consumed, used or further processed.
  The final destination country (region) is the country (region) where the exported goods are directly transported without transshipment by a third country (region).
  For export goods transshipped through a third country (region), the country (region) to which they are finally transported is the final destination country (region).
  If the final destination country (region) of the exported goods cannot be determined, statistics shall be made according to the final destination country (region) predicted as far as possible at the time of export.
  Article 20 The countries (regions) of origin of imported goods are counted according to the countries (regions) where the goods are sent directly to China or arrived in China without any commercial transactions in the transit countries (regions).
  For directly transported goods that are not transshipped by a third country (region), the country (region) where the loading port of the imported goods is located is the country (region) of departure.
  If the import and export goods transshipped through a third country (region) have not been traded in the transit country (region), the country (region) of origin of the imported goods shall be the country (region) of departure; In case of commercial transactions in the transit country (region), the transit country (region) shall be the country (region) of departure.
  Article 21 The arrival countries (regions) of export goods are counted according to the countries (regions) where export goods arrive directly from China or finally in transit countries (regions) without any commercial transactions.
  For goods directly transported without transshipment through a third country (region), the country (region) where the port of shipment of the exported goods is located shall be the country (region) of arrival.
  If the import and export goods transshipped through a third country (region) have not been traded in the transit country (region), the final destination country (region) of the export goods shall be the country (region) of arrival; Where a commercial transaction occurs in a transit country (region), the transit country (region) shall be regarded as the country (region) of arrival.
  Article 22 The domestic destination of imported goods is counted according to the consumption, use or final arrival place of imported goods in China, where the final arrival place is the area where the final user is located.
  If it is difficult to determine the final user unit, statistics shall be made according to the location of the final receiving unit predicted at the time of import of the goods.
  Article 23 The domestic sources of export goods are counted according to the origin or original place of shipment of export goods in China.
  If it is difficult to determine the place of production of export goods because they have changed means of transport many times in China, statistics shall be made according to the location of the unit that first shipped the export goods.
  Article 24 Business units shall make statistics according to domestic legal persons, other organizations or individuals who have registered with the customs and engaged in import and export business activities.
  Business units registered with the customs and authorized to engage in import and export business shall be provided with a national business unit code by the registered customs.
  The code of business unit shall be managed by the competent customs where the business unit is located.
  Article 25 The trade methods and goods counted separately by the customs (see Annex) shall be classified and counted according to the transaction forms of buyers and sellers of import and export goods and the requirements of customs supervision.
  If the customs adjusts the trade mode according to the needs of national economic development and customs supervision, the General Administration of Customs will issue an announcement.
  Article 26 The modes of transportation are counted according to waterway transportation, railway transportation, road transportation, air transportation, mail transportation and other modes of transportation.
  The mode of transport of imported goods shall be counted according to the mode of transport when the goods arrive at the first port in China; The mode of transport of outbound goods shall be counted according to the mode of transport when the goods leave the last port in China.
  The goods carried by inbound and outbound passengers are counted according to the means of transport they take.
  Express goods imported and exported by non-postal means shall be counted according to the actual mode of transportation.
  Goods transported by people, animals, pipelines, cables, conveyor belts, etc. shall be counted according to other modes of transportation.
  Article 27 The imported goods shall be counted according to the customs release date; The export goods shall be counted according to the customs clearance date.
  Import transit goods shall be counted according to the date of customs release at the place of shipment; The export transit goods shall be counted according to the customs clearance date at the place of departure.
  Statistical data such as monthly and annual reports of customs statistics are compiled according to the Gregorian calendar month and Gregorian calendar year respectively.
  Article 28 Import and export goods shall be counted according to the customs that accept the declaration.
  The imported transit goods shall be counted according to the customs at the destination where the declaration is accepted; The export transit goods shall be counted according to the customs at the place of departure where the declaration is accepted.
  Article 29 The original data of customs statistics include customs declaration forms such as People’s Republic of China (PRC) Customs Import Goods Declaration Form, People’s Republic of China (PRC) Customs Export Goods Declaration Form, People’s Republic of China (PRC) Customs Bonded Area Entry Goods Filing List, People’s Republic of China (PRC) Customs Bonded Area Exit Goods Filing List, People’s Republic of China (PRC) Customs Export Processing Zone Entry Goods Filing List, People’s Republic of China (PRC) Customs Export Processing Zone Entry Goods Filing List, etc., as well as attached documents and relevant electronic data.
  Except in special circumstances, the original paper data of customs statistics shall be kept for 3 years from the date of deregulation of import and export goods; Long-term preservation of electronic data of customs statistics.
  The statistical data of the national customs shall be managed by the comprehensive statistical department of the General Administration of Customs, and the statistical data of the customs directly under it shall be managed by the statistical department of the customs directly under it.
  Article 30 Customs statistical information is the relevant statistical information collected and sorted based on the original data of customs statistics.
  The customs shall regularly publish statistical information to the public, and announce the publication time of the monthly report and annual report of the next year in December each year.
  Article 31 The General Administration of Customs shall provide relevant comprehensive statistical data to the relevant departments of the State Council regularly and free of charge. The customs directly under the Central Government shall provide relevant comprehensive statistical data to the relevant departments of the local people’s governments of provinces, autonomous regions and municipalities directly under the Central Government on a regular and free basis.
  Customs comprehensive statistics include the following contents:
  (a) the total import and export value of each region;
  (two) the total value of import and export commodities;
  (three) the total import and export value of the country (region);
  (4) List of import and export values of major commodities;
  (five) the total value of the nature of the import and export trade;
  (six) the total import and export value of the mode of transportation;
  (seven) analysis report reflecting the overall progress of import and export, import and export monitoring and early warning information, etc.
  Article 32 Customs statisticians have the obligation to keep confidential the state secrets, commercial secrets and customs work secrets they know in the statistical process.
  Article 33 Without the authorization of the customs, no unit or individual may sell customs statistics and electronic customs statistics without authorization.
  Article 34 If the customs statistics department has doubts about the contents declared in the original statistical data, it may directly make inquiries to the parties concerned to verify the relevant contents, and the parties concerned shall give a timely and truthful reply.
  If the statistical items that should be declared according to law are not declared or the false declaration affects the accuracy of customs statistics, the customs shall order the parties concerned to make corrections in addition to handling them according to law.
  Article 35 Customs statisticians shall abide by the provisions of the Customs Law of People’s Republic of China (PRC) and the Statistics Law of the People’s Republic of China, and shall not tamper with customs statistics or fabricate false data by themselves, participate in or instruct them.
  Customs statisticians have the right to refuse, expose and stop human interference that affects the objectivity and authenticity of customs statistics.
  Article 36 Customs statisticians who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
  Article 37 If the items that should be declared according to law have not been declared or the false declaration affects the accuracy of customs statistics, in addition to ordering the parties to make corrections, administrative punishment is needed, and it shall be punished in accordance with the provisions of the Regulations on the Implementation of Administrative Punishment of People’s Republic of China (PRC) Customs.
  Article 38 The General Administration of Customs shall be responsible for the interpretation of these Provisions.
  Article 39 These Provisions shall come into force as of November 1, 2006. The People’s Republic of China (PRC) Customs Statistics System promulgated on November 21, 1994 shall be abolished at the same time.
  Annex: 1. Trade methods of customs statistics
     2. Goods with individual statistics

 

Annex 1

Trade mode of customs statistics

  General trade
  2. Materials provided by countries or international organizations free of charge.
  3. Donate materials
  4. Compensation trade
  5. Processing and assembly trade with supplied materials
  6. Feed processing trade
  7. Consignment and consignment trade
  8. Small border trade
  9. Processing trade imported equipment
  10. Export goods for foreign contracted projects
  11. Leasing trade
  12. Equipment or articles imported by foreign-invested enterprises as investment.
  13. Export processing trade
  14. Barter trade
  15.duty-free foreign exchange goods
  16 bonded warehouse inbound and outbound storage of transit goods
  17. Inbound and outbound storage of transit goods in bonded areas
  18. Imported equipment in export processing zones
  19.others

 

Annex 2

Single-item goods

  1. duty-free goods
  2. Re-import of refined oil products from processing trade.
  3. Feed processing to domestic goods
  4. Processing of incoming materials into domestic goods
  5. Processing trade to domestic equipment
  6. Feed deep processing and carry-over goods
  7. Carry-over goods from deep processing of incoming materials
  8. Processing trade carry-over equipment
  9. Feed processing and carry-over of surplus materials
  10. Carry-over surplus materials from processing with supplied materials.
  11. Return the goods
  12. Feed and process re-export materials.
  13. Processing materials for re-export with supplied materials
  14. Processing trade returned equipment
  15. Goods transported from bonded area to non-bonded area
  16. Goods transported from non-bonded areas into bonded areas
  17. Goods returned from bonded areas
  18 bonded warehouse to domestic goods
  19. Goods deposited in export supervised warehouses in China.
  20. Goods returned from export supervised warehouses
  21. Goods transported outside the export processing zone
  22. Goods transported into and out of the export processing zone.
  23. Goods transported outside the bonded logistics park
  24. Goods transported from the area into the bonded logistics park
  25. Goods transported from the bonded logistics center (Type A and B) outside the center.
  26. Goods transported from the center into the bonded logistics center (Type A and B)
  Transit goods
  28. Other goods requiring individual statistics.