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Interpretation of Order No. 220 of the General Administration of Customs
No. 220 was an amended and updated version completed on the basis of Decree No. 143, which removed the terms of administrative approval and changed the administrative approval text. Modify the principle of priority, customs scoring rules, direct revocation, etc. are new highlights. For details, see the following interpretation:
Article 1: In order to strengthen the management of the revision and revocation of import and export goods, standardize the reporting behavior of import and export consignors or consignees of import and export goods or protect their legal rights, according to the "Customs Law of the People's Republic of China" (below The abbreviation "Customs Law" has formulated these measures.
*** After the cancellation of the administrative approval, the original Order No. 143 was amended. The first paragraph added the “protection of its legal rights†and removed the “administrative license†basis.
Article 2: The present Measures shall apply to the consignor or consignor of import and export goods or his agent (hereinafter collectively referred to as the party) who modifies or withdraws import and export goods*** and the customs requires him to revise or withdraw import and export goods***.
To remove the "application", not applying does not mean that the administrative approval procedure is gone, but the customs still have to review it.
Article 3: After the customs accepts declaration of import and export goods, the certificate and its contents may not be amended or revoked; if it meets the prescribed circumstances, it may be amended or revoked.
After the import and export goods are amended or cancelled, the paper quality and electronic data should be the same.
There is no difference with the past, in line with the provisions can be modified or revoked, less than the previous application for 2 words. Since there is no administrative licensing relationship, Customs does not seem to be bound by the duration of the administrative license. How does the Customs reflect "in time"? This point is not clearly defined.
Article 4: The amendment or revocation of import and export goods *** shall follow the principle of priority for modification; if it cannot be modified, it shall be revoked.
The principle of prioritizing amendments has eliminated the need to consider more than five items that had previously been circulated and cannot be rectified. There are trails to follow in order to change the list.
Article 5: In any of the following circumstances, the parties may go through the formalities of revising or revoking import and export goods with the customs that originally accepted the declaration, unless otherwise specified by the customs:
(1) After the release of the exported goods, due to the reasons such as shipment or loading, the original declared goods will be partially or completely retired or the means of transportation changed;
(2) Imports and exports of goods that have occurred in the process of loading, transporting, and storing are overflowing or short-circuiting, or due to force majeure, loss of or short loss, etc., resulting in inconsistency between the original declaration data and the actual goods;
(3) It is necessary to amend or revoke the data due to other customs formalities such as customs clearance tax and security of customs affairs;
(4) It is necessary to modify the contents of the declaration in accordance with the trade practice that the temporary price transaction is adopted first, the commodity inspection quality is determined in the actual settlement, or the actual price payment in the international market;
(5) Where the formalities for the direct return of imported goods have been declared, the original imported goods must be amended or revoked;
(6) Due to technical reasons such as computers and network systems, electronic data declarations are wrong.
This article removes the original Article VI, which was approved by the Customs; and the original cause of the first customs declaration operator's mistakes is listed separately in Article 7. The third and fifth clauses of this article are new content, and will be separately listed in special circumstances such as direct return and tax refund.
Article 6 In conformity with the provisions of Article 5 of the present Measures, the parties shall submit to the Customs the “Amendment/Revocation Form for Import and Export Goods†and the following materials:
(1) If it meets the requirements of item (1) of Article 5, it shall submit the certification documents for the customs clearance and modification of the means of transport;
(2) Where the circumstances of Article 5 (2) are met, the certification materials issued by the commodity inspection authorities or relevant departments shall be submitted;
(3) If it meets the circumstances of Article 5 (3), it shall submit relevant materials endorsing the opinions of the customs;
(4) In case of compliance with Article 5 (4), invoices, contracts, bills of lading, packing lists, etc. that fully reflect the actual state of trade shall be submitted, and the payment vouchers relating to the purchase and sale of goods and the declared declaration prices shall be truthfully provided. True and accurate other commercial documents, written materials and electronic data;
(5) In case of meeting the conditions of Article 5 (5), it shall submit the "Direct Imported Freight Transport Form" or the "Order to Direct Imported Goods Receipt Notice";
(6) In case of meeting the conditions of Article 5 (6), the instructional materials issued by the computer and network system operation management party shall be submitted;
(7) Other supporting materials.
Where the party submits materials to the customs in conformity with the provisions of the first paragraph of this article, and is complete and effective, the customs shall make revision or revocation in time.
This article has changed from the original general terms to more specific information, and pointed out that the materials are complete and effective. Customs should handle it in a timely manner, but “in time†has certain flexibility, and how much time is in time? As for the so-called rule-making, profits are more biased towards the makers.
Article 7 If the declaration contents need to be amended or cancelled as a result of operation or writing mistakes made by the customs personnel, the parties shall submit the “Import and Export Goods Amendment/Revocation Form†and the following materials to the customs:
(1) Contracts, invoices, packing lists, drafts for transporting bills of lading or cargo manifests, etc., which can prove the actual conditions of imports and exports, and related documents and certification documents;
(b) details of the description;
(c) Other supporting materials.
If the Customs does not find that the customs officer has evaded the customs supervision, it may revise or cancel the ***. If no modification or revocation is made, the Customs shall promptly notify the parties concerned and explain the reasons.
Regarding the operation or writing mistakes made by the customs personnel, the Customs will handle them in accordance with the relevant provisions of the customs assessment scoring method.
Customs score scoring method? Yes, there are still demerit points for the customs personnel. If there is no wrong guess, it should be ordered that the 218 order is a demerit mark scoring method. This article is specifically set out in Article 5, and the declaration error is different from other articles. It also shows that this article needs to be deducted. The reason in Article 5 is not deducted.
Article 8 When the customs discovers that import and export goods *** need to be amended or revoked, the following methods may be used to actively request the parties to modify or cancel:
(1) Returning the electronic data *** and explaining in detail the reasons and requirements for the modification. The parties concerned shall, in accordance with the requirements of the customs, resubmit the amendments, and shall not make changes to the other contents;
(2) To issue "Import and Export Confirmation of Import and Export Goods" to the parties to inform the parties of the contents of the request for amendment or revocation. The parties shall confirm the contents of the import and export goods' modification or revocation within 5 days. After the confirmation, the customs will complete the modification or cancellation of the ***.
The Customs mentioned in this article was found to be in error and required amendments or revocations, which limited the parties' time to five days, and here should be five natural days.
Article 9 In addition to force majeure, if the parties have one of the following circumstances, the customs may directly revoke the corresponding electronic data***:
(1) The Customs has returned the electronic data *** for amendment and the party has not re-sent within the prescribed time limit;
(2) After the Customs has processed the electronic data, the parties failed to submit a paper copy within the prescribed time limit;
(3) The export goods have not been delivered to the customs supervision site within the prescribed time limit after the declaration;
(4) Other circumstances stipulated by the General Administration of Customs.
The new clause of this article clearly states the situation of direct cancellation by the Customs. The first paragraph of this article states the situation of the amendment of the single electronic order returning order. The second paragraph says that the electronic trial order is concluded and the scene is submitted. The third paragraph is somewhat ambiguous. For example, for the deadline for declaration, export goods should be declared to the customs 24 hours before loading after arriving at the supervised warehouse. What does the declaration of export goods mean at this time? For territorial declaration, the port will be checked and released. There will be a 72-hour arrival at the port customs after the receipt of the order. Otherwise, the order will be deleted. This article is too brief.
Article 10 The Customs has already decided to control, inspect, and import or export goods suspected of smuggling or violating the customs supervision regulations, and must not amend or revoke *** and its electronic data before completing related procedures.
Article 11 The import and export goods that have been issued by the *** certification shall be returned to the Customs by the parties concerned when they apply for *** amendment or revocation procedures.
Article 12 Where the alteration or revocation of import and export goods leads to the need to change or renew import and export licenses, the parties shall submit corresponding import and export licenses to the customs.
Article 13 The modification or withdrawal of the entry and exit record list shall be implemented with reference to these Measures.
Article 14 Any violation of these Measures that constitutes a smuggling act, a violation of customs supervision or other violations of the Customs Law shall be handled by the Customs in accordance with the relevant provisions of the Customs Law and the Regulations of the People's Republic of China on the Implementation of Customs Administrative Penalties. ;Constitute a crime, be held criminally responsible.
Article 15 The Measures shall be interpreted by the General Administration of Customs.
Article 16 These Measures shall come into force as of the date of promulgation. The Measures for the Administration of Revision and Cancellation of the Import and Export Goods of the Customs of the People's Republic of China as promulgated by Decree No. 143 of the General Administration of Customs on December 30, 2005 shall be repealed at the same time.
In the past, it was generally implemented on the 1st of each month, and it has now become the day of publication. The style is indeed different.
Summary: In general, remove the application, remove a lot of trouble procedures, some of the terms are more clear, but some of the terms are still not perfect. Supplemented the special circumstances of the amendment and revocation of the situation, of course, for the customs valuation to modify the price, whether it should be debatable, after all, the valuation is to go the trial process, the revised price is the customs duty paid price. The revised price does not affect the actual receipt and payment of foreign exchange. In addition, the revised and revoked forms were not updated and announced in a timely manner, and they did not clearly state that they should not be approved for signature by the Customs. Of course, this is a customs matter.