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MEASURES FOR CHARGING ENTRY-EXIT INSPECTION AND QUARANTINE FEES |
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(Notice of the State Development and Reform Commission and the Ministry of Finance on Printing and Distributing the "Measures for Charging Entry-Exit Inspection and Quarantine Fees" (No. 2357 [2003] of the State Development and Reform Commission), December 31, 2003: In order to strengthen the administration on charging entry-exit inspection and quarantine fees, guarantee the lawful rights and interests of the entry-exit inspection and quarantine institutions and the fee payers, we have, in light of the actual circumstance of the present work of import and export commodity inspection, of frontier health quarantine, and of entry-exit animal and plant quarantine, formulated the uniform measures for charging inspection and quarantine fees, which shall come into force as of April 1, 2004) |
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SUBJECT : ADMINISTRATIVE MEASURES; FEES |
ISSUING DEPARTMENT : THE NATIONAL DEVELOPMENT AND REFORM COMMISSION, MINISTRY OF FINANCE OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 12/31/2003 |
IMPLEMENT DATE : 04/01/2004 |
LENGTH : 2,380 words |
TEXT : |
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Article 1. The present Measures are formulated in accordance with the "Law of the People's Republic of China on Import and Export Commodity Inspection" and the Regulation for the Implementation Thereof, the "Law of the People's Republic of China on Entry-Exit Animal and Plant Quarantine" and the Regulation for the Implementation Thereof, the "Law of the People's Republic of China on Frontier Health and Quarantine" and the Detailed Rules for the Implementation Thereof, the "Food Hygiene Law of the People's Republic of China", and other relevant laws and regulations, in order to strengthen the administration on charging entry-exit inspection and quarantine fees, guarantee the lawful rights and interests of the entry-exit inspection and quarantine institutions (hereinafter referred to the inspection and quarantine institutions) and the fee payers.
Article 2. The present Measures shall apply to the inspection and quarantine institutions at all levels and their subordinate public institutions, as well as the consignors related to entry and exit, their agents and other related entities and individuals (hereinafter referred to entry/exit-related persons).
Article 3. The inspection and quarantine institutions shall lawfully carry out inspections, quarantine, survey and other similar inspection and quarantine business on persons, goods, means of transportation and containers of entry or exit, and other statutory objects to be inspected and quarantined (hereinafter uniformly referred to statutory objects to be inspected and quarantined), and charge fees in accordance with the present Measures and the charging rates for entry-exit inspection and quarantine prescribed in the present Measures (hereinafter referred to the present Measures and the charging rates thereof).
Article 4. The entry-exit inspection and quarantine fees shall be calculated by Yuan in Renminbi, with the amount below 1 Yuan being rounded off.
If any fee calculated in accordance with the present Measures and the charging rates thereof is less than the minimum amount, it shall be charged in light of the minimum amount.
Article 5. Where a charging rate is based on the goods value, the fees shall be charged on the basis of the total goods value specified in the letter of credit, invoices and contract on the trade of goods of entry or exit, or on the basis of the price valuated by the customs.
Article 6. An inspection and quarantine institution shall regard "a batch" as a unit for calculation of the goods of entry or exit. "A batch" means the goods of the same commodity name, which come or are carried to the same place, or the same consignee or consignor at the same time with the same means of transportation. The goods carried by more than one carriage of a train, if the aforementioned conditions are met, shall be considered a batch. The goods of more than one commodity name, which are consolidated into a single container, if the aforementioned conditions are met, shall also be considered a batch.
Article 7. Where the same batch of goods involve more than one item of inspection and quarantine business, the fees shall be separately calculated and accumulatively charged in light of the actual work of the inspection and quarantine business, with the inspection and quarantine as an item, the quantity and weight as an item, the survey of packing as an item, the laboratory inspection as an item, the property survey as an item, the safety monitoring as an item, and the quarantine treatment as an item.
The goods inspection and quarantine fees shall be divided into the fees for quality inspection, for clinic animal quarantine, for on-the-spot plant quarantine, for animal and plant product quarantine, for food and food processing equipment sanitary inspection and for quarantine, be separately calculated and accumulatively charged.
Article 8. Where an inspection and quarantine institution draws samples from the goods of entry or exit under statutory inspection and quarantine according to the relevant operational rules on inspection and quarantine or clauses on inspection and quarantine to represent the whole batch for inspection, the fees shall be charged as a whole batch.
Article 9. The goods quality inspection fees shall be calculated by different quality inspection means. If the goods are inspected by the inspection and quarantine institution, the quality inspection fee shall be charged at the full amount. If, however, the goods are inspected by the inspection and quarantine institution jointly with other relevant entities (including arrangement for the inspection), the quality inspection fee shall be charged at 50% of the chargeable amount.
The goods weight survey fee shall be calculated by different survey means. If the weight is inspected by the inspection and quarantine institution, the weight survey fee shall be charged at the full amount. If, however, the inspection and quarantine institution only supervises the weight survey (including the weight survey by the inspection and quarantine institution without the weight survey equipment), the weight survey fee shall be charged at 50% of the chargeable amount.
Article 10. The quality inspection fee for the goods of exit that are processed from imported materials shall be calculated and charged at 70% of the charging rate.
Where no quality inspection has been carried out on the goods of entry that are processed from supplied materials, no quality inspection fee shall be charged. The quality inspection fee for the goods of exit that are processed from supplied materials shall be calculated and charged at 70% of the charging rate.
Article 11. Where an inspection and quarantine institution carries out a type test on exported goods in accordance with the relevant provisions, it shall charge the type test fee in accordance with the present Measures and the charging rates thereof. The quality inspection fee for the exported goods whose type test has been completed shall be calculated and charged at 70% of the charging rate.
Article 12. For the quality inspection, weight survey and packing use survey of the dangerous articles, poisonous and harmful goods, and the survey of the shipment conditions of the means of transportation that carries the aforementioned goods, the fees shall be doubled in accordance with those under the present Measures and the charging rates thereof.
Article 13. Where the unit price of a kind of valuable and rare metal of entry or exit exceeds 20,000 Yuan per kilogram, the excessive part shall be exempted from quality inspection fee.
Article 14. Where the inspection and quarantine fees for the same batch of goods exceed 5,000 Yuan, the excessive part shall be charged at 80%.
Article 15. Where the total value of each batch of goods of entry or exit is less than 2,000 Yuan, such goods shall be exempted from quality inspection fee, and only the cost of certificate (list) production shall be charged. If any other inspection and quarantine business is involved, the corresponding fees shall be charged in accordance with the provisions.
Article 16. Under any of the following circumstances, the inspection and quarantine institution may charge additional laboratory inspection fee and survey fee:
(1) It is prescribed in the present Measures and the charging rates thereof that the laboratory inspection fee and the survey fee shall be charged additionally;
(2) It is required by a foreign government or a bilateral (multi-lateral) agreement or by the entry/exit-related person that the inspection or survey other than the operational rules on inspection and quarantine should be added; or
(3) It is prescribed in laws or regulations or rules of the General Administration of Quality Supervision, Inspection and Quarantine that the inspection or survey other than the operational rules on inspection and quarantine should be added, and fees are explicitly required to be charged additionally.
Article 17. Where an object of entry or exit under statutory inspection and quarantine that has been inspected and quarantined is under any of the following circumstances, the inspection and quarantine institution shall, after a new application for inspection and quarantine has been filed and such object has been re-inspected and re-quarantined, charge the related fees additionally in accordance with the present Measures and the charging rates thereof:
(1) The importing or destination country (region) modifies the inspection and quarantine requirements;
(2) The packing of goods or the consolidated goods are changed;
(3) The validity period for inspection and quarantine or the time limit in the certificate (list) for export has expired; or
(4) It is found in the process of port inspection that the goods do not conform to the documents or the batches are disordered, and they need to be cleaned up once again.
Article 18. With respect to the exported goods that are inspected and quarantined by the inspection and quarantine institution as unqualified, and for which a notice of disqualification has been issued, the inspection and quarantine fees shall be charged at full amount. However, if, upon consent of the inspection and quarantine institution, the entry/exit-related person has processed and cleaned up the unqualified goods once again, and the inspection and quarantine institution again inspects and quarantines such goods, the fees shall be charged at half of the amount.
Article 19. Where an inspection and quarantine institution entrusts an inspection institution or any other testing entity, whose eligibility has been recognized by the General Administration of Quality Supervision, Inspection and Quarantine, to inspect a statutory object to be inspected and quarantined, the inspection fees shall be paid by the inspection and quarantine institution. After that the inspection and quarantine institution may charge fees from the entry/exit-related person in accordance with the present Measures and the charging rates thereof.
Article 20. Where it is prescribed in laws or administrative regulations that certain goods of entry or exit are to be inspected by the relevant inspection entity, and the inspection and quarantine institution issues a certificate upon strength of the inspection result, the inspection and quarantine institution may only charge the cost of production of the issued certificate (list), and shall not charge the inspection fees or any other fees.
Article 21. Where a port inspection and quarantine institution inspects the replacement of a certificate upon strength of the certificate-replacement list issued by the inspection and quarantine institution at the place of origin, it may only charge the cost of production of the issued certificate (list), and shall not charge the inspection fees or any other fees.
Article 22. For the transit of plants or animal or plant products, the inspection and quarantine institution at the port of entry only needs to quarantine the means of transportation and the packing, and charge the fees for inspection and quarantine of the means of transportation or the packing in accordance with the provisions. If it is required by the relevant laws or administrative regulations that a plant or an animal or plant product is to be quarantined by means of sampling, the fees shall be charged in accordance with the present Measures and the charging rates thereof.
For the transit of animals, the quarantine fees shall be charged in light of the actual inspection and quarantine requirements, and the charging rates for animal quarantine.
Article 23. Where an inspection and quarantine institution carries out a sanitary supervision inspection on imported foods, food additives, food containers, packing materials, food instruments or equipment, or the detergent, disinfectant, etc. for foods or food instruments or equipment (including the aforementioned goods that are processed from supplied materials, exported under buy-back agreement or sold in duty-free shops), it shall charge the fees for sanitary inspection of the foods or food processing equipment in accordance with the present Measures and the charging rates thereof.
Where a singular variety of food is imported at a quantity of not more than 100 tons or non-singular variety of foods at a quantity of not more than 500 tons, the fees shall be calculated and charged at the charging rates for small batches of foods.
Article 24. The small amount of frontier trade inspection and quarantine fees occurring at a frontier port with the value of each batch of not more than 100,000 Yuan, shall be calculated and charged at 70% of the charging rates prescribed in the present Measures. The small amount of frontier trade inspection and quarantine fees with the value of each batch of not more than 50,000 Yuan, shall be calculated and charged at 50% of the charging rates prescribed in the present Measures.
Article 25. When an entry/exit-related person cancels an inspection or quarantine due to certain reasons, and the inspection and quarantine institution has not begun the inspection or quarantine, no fees shall be charged. If the inspection and quarantine institution has carried out the inspection or quarantine, the fees shall be calculated and charged at 100% of the charging rates. If the inspection or quarantine is cancelled due to the liability of the inspection and quarantine institution, no fees shall be charged.
Article 26. An entry/exit-related person shall, in accordance with the relevant laws, regulations, the present Measures and the charging rates thereof, pay the inspection and quarantine fees at full amount in good time. Within 20 days as of the issuance of a charging notice by the inspection and quarantine institution, the entry/exit-related person shall pay off all the fees. If he fails to pay off the fees within the time limit, an overdue payment fine at a rate of 5 thousandth of the unpaid amount per day shall be imposed as of the 21st day.
Article 27. The inspection and quarantine institution shall charge fees strictly in accordance with the present Measures and the charging rates thereof, apply for the charging permit in the designated competent department of price, and issue the receipts in use prescribed by the Ministry of Finance.
Article 28. Each inspection and quarantine institution shall publicize the charging items and charging rates, accept the inspections and supervision of the competent department of price and that of finance, may not discretionally increase or reduce the charging items, or discretionally raise or lower the charging rates, or charging fees repeatedly.
Article 29. The present Measures shall come into force on April 1, 2004. Any relevant previous provisions on charging entry-exit inspection and quarantine fees, which are inconsistent with the present Measures, shall all be repealed.
Annexes 1. "Charging Rates for Entry-Exit Inspection and Quarantine" (Omitted) 2. "Charging Rates for the Relevant Laboratory Test Items and Survey Items on Entry-Exit Inspection and Quarantine" (Omitted) 3. "Charging Rates for Entry-Exit Inspection and Quarantine, Quarantine Treatment, etc." (Omitted)
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