TS BY AIR

Important Notice: (注意事项)

英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).

当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.

This English document is coming from the "LAWS AND REGULATIONS OF THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the China

Legal System Publishing House.

In case of discrepancy, the original version in Chinese shall prevail.

Whole Document (法规全文)

INTERIM MEASURES CONCERNING STRENGTHENING ADMINISTRATION OF IM-

PORTS BY AIR

１.(Approved and promulgated by the State Council on August 25, 1987)With the development of China's foreign trade and economic andtechnological exchanges with foreign countries, the amount of imports byair has increased rapidly and the task of transporting goods from airportshas become increasingly arduous. The following interim measures areformulated 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 tradecompanies which are empowered to import the relevant commodities to do theordering, the units importing goods through air transport must

conscientiously fill out import orders according to the instructions ofthe entrustedunits. The full name of the units and the detailed addressesmust be written in the column for the consignee, with the names andtelephone numbers of the persons in charge clearly indicated.

2. When it is necessary to claim damages and demand resupply of goods fromthe seller because of lack or loss of imported goods caused by the seller,the company which didthe ordering shall be responsible for the workinvolved. If, in special cases, the job must be done by the usersthemselves, it is necessary to ask the seller to indicate clearly on theway bill the number of the contract and the consignee (if foreign tradetransport companies or other agent transport departments are entrusted to　do the job, the names of these companies or departments shall beindicated) and notify the company which did the ordering of the goods ofthe results.

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

These companies should examine and verify import orders and write themarks, codes and symbols in strict accordance with the relevantstipulations. The relevant personnel should be professionally familiarwith the structure of the marks and arrange the codes strictly accordingto their order. No such mistakes as reversion, addition and subtractionmay be allowed. [page]

Newly-established foreign trade companies and industrial trade companiesshall apply to the Ministry of Foreign Economic Relations and Trade (orits Transport Bureau) for marks and codes within one month of approval forthe establishment. Those companies which have not applied must go throughthe formalities within one month of promulgation of these Measures. Nounits may be allowed to devise their own codes or borrow the codes ofother 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 andcompanies, foreign trade companies and industrial trade companies shouldtry to fix FOB prices (prices calculated on the basis that the sellerdeliver the goods to the planesdesignated by the buyer) in the clauses sothat our civil aviation planes and the agencies for air transport of ourforeign trade transport companies or other agent transport companiesstationed in foreign countries will be used as much as possible. Whensigning contracts with foreign businessmen and companies, foreign trade

companies and industrial trade companies should take into fullconsideration 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 thecontracts, with enough copies. It is also necessary to ask the sellers tomake eye-catching full-size marks and symbols on the outside packing ofthe goods.

5. After signing contracts, foreign trade companies and industrial tradecompanies shall promptly send copies of the contracts, the licences andother 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 departmentsof 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 ofgoods carefully checked. In case of any lack or damage of the goods or ofloss 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, foreigntrade transport companies or other agent transport companies should gothrough the formalities within the time limit prescribed by the Customs.

With respect to the goods which have been entrusted for Customs clearancebut are not armed with adequate number of documents and those goods whichhave not been entrusted but belong to the category for which agenttransport companies have the duty to notify the relevant units, thesecompanies should send three notices or letters of inquiry to the units　ordering the goods or the consignee within the limited Customs clearanceperiod. Upon the arrival of the goods, a notice of arrival or a letter ofinquiry shall be sent; if the goods are not cleared through the Customswithin a month, a notice of pressing for Customs clearance or a letter ofinquiry shall be sent; if the goods are not cleared through the Customswithin two months, another notice of pressing for Customs clearance or athird letter of inquiry shall be sent. All the notices and letters shallbe sent by registered mail. With respect to the goods which should bedirectly handed over to the consignee by transport departments of thecivil aviation administrations, the departments shall send three notices　of pressing for Customs clearance within two months of the arrival of the　goods. [page]

8. In order to find out the real situation to facilitate the Customsclearance, in case that goods imported by air are not cleared through the　Customs two months after the day when the means of transport were declaredfor 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 formalitiesconcerning 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 tradetransport companies or other agent transport departments, and complete thejob 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 havexceeded the prescribed period of validity. The goods imported through

contracts and those documents of claims for damages which have notexceeded the prescribed period of validity may not be abandoned inprinciple. When there are good reasons for the abandonment, approval mustbe obtained from the competent department.

10. The Customs should simplify the formalities and speed up theexamination and clearance of imported goods in the spirit of providinggood service but with strict examination. The imported goods withdocuments 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 orExemption from duties on Imported and Exported Goods Compensated at No　Costs formulated by the General Administration of Customs. If it isdifficult for the consignees to produce the certificates of claims for theexamination 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 andpresents which do not belong to the category of imported goods restricted

by the State but are not supported by receipts, upon the application ofthe consignees, the Customs may open the packing for examination, offer an　appraised price and clear the goods with or without taxes according to theregulations.

11. If consignees fail to declare to the Customs within three months ofthe declaration for entry by the means of transport, their imported goodsshall be transferred to the Customs for sale by the transport departments　of the civil aviation administration, foreign trade transport companies orother 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 [page]

units. The money from the sale of such goods, after the deduction of theexpenses 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 tradecompanies, foreign trade transport companies and other agent transportdepartments as well as the Customs at the airports must all strictlyimplement these Measures and should, in accordance with these Measures,establish and amplify theirrules and regulations and clarify post responsibilities.

13. The commissions (or offices) in charge of port affairs in variousregions 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, inconjunction 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.