Chinese People's *** and State Customs imported goods directly returned to the management measures

Article I In order to strengthen the management of direct return of imported goods, to protect the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the "Customs Law of the People's Republic of China *** and the State" and other relevant laws and administrative regulations, the formulation of these measures. Article 2 After the entry of goods, before the completion of customs clearance procedures, the consignee or consignor of imported goods, the person in charge of the original means of transportation or their agents (hereinafter collectively referred to as the parties concerned) to apply for all or part of the goods will be returned directly to the outside world, or the Customs in accordance with the relevant provisions of the State ordered to return directly, the application of these measures.

Imported transit goods in the customs clearance in the entry area, the parties apply for the return of formalities, does not apply to these measures, should be handled in accordance with the general procedures for the return of goods. Article III of imported goods directly returned by the Customs directly under the Customs or its authorized subordinate Customs decision. Article IV After the entry of goods, before the completion of customs clearance procedures, one of the following circumstances, the parties can apply to the Customs for direct return procedures:

(a) due to the adjustment of national trade management policies, the consignee is unable to provide the relevant documents;

(b) belonging to the wrong shipment, misdischarge or overloading of the goods, the consignor can be provided or the carrier to provide a written instrument of proof;

(C) the consignee and consignor agreed to return by mutual consent, can provide both sides agreed to return the written evidence of the instrument;

(D) the trade disputes, can provide the court judgment, arbitration decision of arbitration institutions or non-controversial ownership of the goods of the valid certificate;

(E) the goods mutilated or the state inspection and quarantine failed to provide the national inspection and quarantine department on the basis of the consignee's application for the goods. Quarantine department in accordance with the consignee's application and the relevant inspection certificate issued by the instrument. Article 5 The application for direct return of imported goods should be carried in the goods of the means of transportation declared after the entry of the goods, the Customs before the release of the goods, by the parties in writing to the Customs where the goods are applied for. Article VI of the parties to the Customs to apply for direct return of goods, should be submitted in accordance with Customs requirements, "direct return of imported goods application" (see Annex 1 for format), to prove the actual situation of imported contracts, invoices, packing lists, has been declared on the original customs declaration of goods, bills of lading or cargo lists and other relevant documents, in line with the conditions of the application of the relevant instruments of proof as well as Customs required to provide the parties with other documents. Article VII of the parties to the application for direct return of imported goods, the Customs shall be dealt with according to the following circumstances:

(a) the parties do not have the direct return of imported goods application qualifications, shall make a decision of inadmissibility;

(b) the application materials are incomplete or do not comply with the statutory form, it shall be on the spot or after signing receipt of the application materials within five days of the notice The parties need to make corrections to all the contents of the late notification, from the date of receipt of the application materials shall be accepted;

(C) application materials only textual, technical or binding errors that can be corrected on the spot, the parties shall be allowed to correct on the spot, and the parties to the corrections to be signed to confirm;

(D) the application materials are complete, in accordance with the statutory form, or parties in accordance with the requirements of the Customs to submit all corrective application materials, shall accept the application for direct return of imported goods.

Based on the provisions of the preceding paragraph (b) to inform, as well as the decision to accept or not accept the application for the direct return of imported goods, shall issue the corresponding "People's Republic of China Customs and State Customs Application for the Direct Return of Imported Goods Notice" (see Annex 2 for the format), "People's Republic of China Customs and State Customs Application for the Acceptance of Direct Return of Imported Goods" (see Annex 3 for the format), "People's Republic of China Customs and State Customs Application for the Acceptance of the People's Republic of China *** and State Customs Application for Direct Return of Imported Goods inadmissible decision" (format see Annex 4), and stamped with the Customs administrative licensing seal, indicating the date. Article 8 In addition to the direct return decision on the spot, the Customs directly under the date of acceptance of the application for direct return of 20 days to make a decision on the review of the decision to be directly returned, it shall be issued to the parties concerned to formulate the "People's Republic of China * * * and the State Customs decision on the granting of direct return of imported goods" (hereinafter referred to as the "decision on the granting of direct return of goods", the format is shown in Annex 5); for the review of the decision is not to be returned to direct Return of goods, should be issued to the parties "People's Republic of China * * * and the State Customs will not be imported goods direct return decision" (format see Annex 6).

20 days can not make a decision, approved by the person in charge of the Customs directly under the Customs, can be extended for 10 days, and shall issue the "People's Republic of China *** and the State Customs Notice of Extension of the Examination Period for the Direct Return of Goods" (Format see Annex 7), the extension of the period of time to inform the parties of the reasons. Article IX of the parties to apply for direct return of goods before the Customs has been determined to check or that there is a suspicion of smuggling violations of goods, not for direct return of goods, to be checked or the case is processed in accordance with the relevant provisions of the Customs. Article X. These measures are not clearly defined direct return of imported goods procedures, in accordance with the "People's Republic of China * * * and the Customs implementation of the Chinese People's Republic of China * * * and the State Administrative Licensing Law," the relevant provisions of the handling. Article XI in the entry of goods, before the completion of customs clearance procedures, one of the following circumstances should be returned, the Customs ordered the parties to return the imported goods directly to foreign countries:

(a) the import of goods banned by the State, the Customs processed according to law;

(b) violation of state inspection and quarantine policies and regulations, by the state inspection and quarantine departments and issued a "notice of inspection and quarantine treatment" or other relevant provisions of the State Customs. Quarantine processing notice" or other supporting documents;

(c) unauthorized import of solid wastes as raw materials belonging to the restrictions on imports, the Customs processed according to law;

(d) violation of relevant state laws and administrative regulations, should be ordered to direct return of other cases.