China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	REPLY OF THE GENERAL OFFICE OF THE STATE COUNCIL TO THE REQUEST OF THE CUSTOMS TARIFF COMMISSION OF THE STATE COUNCIL FOR INSTRUCTIONS ON THE POWER TO INTERPRET THE NEWLY AMENDED REGULATION OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT & EXPORT DUTIES

	(No. 46 of the General Office of the State Council, June 12, 2004)


SUBJECT : IMPORT & EXPORT DUTIES; INTERPRETATION
ISSUING DEPARTMENT : THE GENERAL OFFICE OF THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 06/12/2004
IMPLEMENT DATE : 06/12/2004
LENGTH : 356 words
TEXT :

We have received the Request of the Customs Tariff Commission of the State Council for Instructions on the Power to Interpret the Newly Amended Regulation of the People's Republic of China on Import & Export Duties (No. 2 [2004] of the Customs Tariff Commission of the State Council). Upon approval of the State Council, we hereby give you a reply as follows:

I. The interpretations to the following matters mentioned in the Import and Export Tariff Nomenclature of the People's Republic of China shall be subject to the approval of the Customs Tariff Commission of the State Council (hereinafter referred to the CTC) before they are implemented:

(1) The matters needed to interpret if the annual tariff implementation plan makes adjustments to the tariff items, codes and rates;

(2) The text of the tariff nomenclature and items of our country revised when the World Customs Organization revises the Harmonized Commodity Description and Coding System;

(3) The matters closely relating to the affairs of state security and foreign diplomacy and the implementation of the important national industrial policies such as the classification of tariff nomenclature, application of tariff rates, etc.; and

(4) Other matters that the CTC believes, after deliberation, necessary to report to the State Council for approval.

II. The CTC shall be responsible for interpreting the matters of the Import & Export Tariff Nomenclature of the People's Republic of China except for those mentioned in Article 1 of this Reply, and the Schedule of Import Tariff Rates of the People's Republic of China for Entry Articles. The General Administration of Customs shall be responsible for making concrete interpretations to the law enforcement issues arising from the work of customs.

III. When the CTC interprets the relevant matters mentioned in Article 2 of this Reply, the pertinent members of the CTC shall strengthen their discussions. When the General Administration of Customs makes a concrete interpretation under Article 2 of this Reply, if any other member of the CTC has any different opinion, the General Administration of Customs shall discuss with it; where necessary, it may propose the CTC or the State Council to make an interpretation.