Announcement of the General Administration of Customs of the People's Republic of China
No. 178 of 2018
With a view to carrying out the State's arrangements for the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", actively promoting the deep integration of national integrated customs inspection business and integrating and optimizing the management system of the Customs for enterprise credit, the matters concerning the enforcement of the Measures of the Customs of the People's Republic of China for Enterprise Credit Management (Decree No. 237 of GACC, the "Credit Measures") are hereby announced as below:
I. In addition to the circumstances specified in Article 6 of the Credit Measures, the Customs may also collect the following information which can reflect the credit standing of enterprises:
(I) inspection and quarantine administration qualification rates of the products of enterprises, foreign reports, return of products, recall, compensation and so on; and
(II) checking of the certificate of origin for an importer due to false declaration, swindling, fabrication, alteration, sales or theft of the certificate of origin of exported goods and so on.
II. Where any enterprise is investigated for criminal liability due to its breach of provisions on frontier sanitary quarantine, entry-exit animal and plant quarantine, imported and exported food and cosmetics safety or imported and exported commodity inspection, in addition to any of the circumstances set forth in Paragraph 1 of Article 12 of the Credit Measures, the Customs will identify it as a discredited enterprise.
III. Where any enterprise is, during the application for certification, filed in a criminal case because it is suspected of breaching provisions on frontier sanitary quarantine, entry-exit animal and plant quarantine, imported and exported food and cosmetics safety or imported and exported commodity inspection, in addition to any of the circumstances set forth in Paragraph 1 of Article 17 of the Credit Measures, the Customs shall terminate the certification.
IV. In addition to the circumstances mentioned in Article 23 of the Credit Measures, the following administrative measures also apply to general certified enterprises:
(I) the average inspection and quarantine administration lot proportion for imported and exported goods below 50% of that for general credit enterprises (unless otherwise specially required under laws, administrative regulations or rules or by the Customs);
(II) the average selective origin investigation proportion for exported goods below 50% of that for general credit enterprises; and
(III) priority in handling Customs registration or record-filing and relevant business formalities, and except for the first registration or record-filing and any special requirement, acceptance of incomplete application materials or adoption of independent statement of the enterprise by the Customs, and exemption from field verification or appraisal.
V. In addition to the circumstances mentioned in Article 24 of the Credit Measures, the following administrative measures also apply to advanced certified enterprises:
(I) the average inspection and quarantine administration lot proportion for imported and exported goods below 20% of that for general credit enterprises (unless otherwise specially required under laws, administrative regulations or rules or by the Customs);
(II) the average selective origin investigation proportion for exported goods below 20% of that for general credit enterprises; and
(III) priority in recommending to other countries (regions) export enterprises of food, cosmetics and so on for registration therein.
VI. In addition to the circumstances specified in Article 25 of the Credit Measures, the administrative measure of the average inspection and quarantine administration lot proportion for imported and exported goods above 80% also applies to discredited enterprises.
VII. Where a certified enterprise is filed in a criminal case because it is suspected of breaching provisions on frontier sanitary quarantine, entry-exit animal and plant quarantine, imported and exported food and cosmetics safety or imported and exported commodity inspection, in addition to the circumstances set forth in Article 27 of the Credit Measures, the Customs shall suspend the application of the corresponding administrative measures.
VIII. The Credit Measures shall be enforced mutatis mutandis for the collection and publicity of credit information of non-enterprise legal persons and unincorporated organizations registered or filed by the Customs and their relevant personnel, and the identification and administration for the credit standing thereof.
IX. The behavior actively disclosed by an enterprise and with a warning given or a fine within RMB500,000 imposed by the Customs shall not be taken as a record for the identification by the Customs of the credit standing of the said enterprise.
General Administration of Customs of China (GACC)
November 27, 2018
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