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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II MANAGEMENT OF STANDARDS CHAPTER III ESTABLISHMENT OF PROJECTS OF SECTOR STANDARDS OF CUSTOMS CHAPTER IV THE FORMULATION, REVISION, ANNOUNCEMENT AND IMPLEMENTATION OF SECTOR STANDARDS OF CUSTOMS CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purpose of intensifying the management of sector standards of the customs and establishing a scientific and complete system of customs standards, these Measures are formulated in accordance with the Customs Law of the People¡¯s Republic of China, the Standardization Law of the People's Republic of China and other relevant laws and administrative regulations. Article 2. The sector standards of the customs are standards formulated for the uniform regulation of the business and information technology requirements within the customs sector. Article 3. The sector standards of the customs are classified into customs business standards and customs information technology standards (see Annex 1). The customs business standards refer to the regulatory business procedures and quantitative management measures relating to all businesses of the customs as well as the technological means and requirements adopted therefore, which mainly include the documentary formats, code standards, test indicators, business norms and other standards. The customs information technology standards refer to the norms on the use and management of all information resources of the customs, which mainly include the standards on the information and network technologies, communication technologies, and information system safety, etc. Article 4. The serial number of a sector standard of the customs shall consist of the code of sector standards of customs, year code and sequential number of the standard. The code of the sector standards of the customs shall be HS. Article 5. The formulation of the sector standards of the customs shall be in line with the pertinent laws and administrative regulations regarding the work of the customs as well as the work of standardization and shall observe the principle of being scientific, reasonable and feasible. The customs shall execute the compulsory national standards and shall actively adopt the corresponding international standards and recommended national standards. The sector standards of the customs shall be in harmony with other sector standards. CHAPTER II MANAGEMENT OF STANDARDS Article 6. The Standardization Commission of the General Administration of Customs shall be the supreme decision-making management institution for the sector standards of the customs, which shall undertake the following duties: (1) To examine and approve the mid-term and long-term development plan on the sector standardization work of the customs; (2) To examine and approve the fundamental and comprehensive sector standards of customs; and (3) To coordinate efforts to solve the serious problems occurring in the work relating to the sector standards of customs. Article 7. The department of legal affairs of the General Administration of Customs shall be the competent department for the sector standards of customs. It shall be responsible for the management of the sector standards of customs and shall undertake the following duties: (1) To formulate and organize the implementation of the administrative measures for the sector standards of the customs and the relevant management system; (2) To organize the formulation of planning and annual plans on the work relating to the sector standards of customs, to establish and perfect the system of sector standards of customs; (3) To organize and examine the sector standards of customs; (4) To examine and issue sector standards of customs and report them to the national standardization administrative department for archival purposes; (5) To organize the implementation of sector standards of customs and offer guidance to, supervise and inspect the implementation thereof, coordinate efforts to address the relevant problems relating to the standardization work; (6) To organize review of sector standards of customs; and (7) To organize training, publicity and international exchange of sector standards of customs. The scientific and technological department of the General Administration of Customs shall be responsible for the formulation, examination, implementation and training of the customs information technology standards in the sector standards of customs. Article 8. Each department of the General Administration of Customs shall perform the following functions: (1) To file an application for the establishment of project of sector standards of customs within the business scope of this department; (2) To draft sector standards of customs within the business scope of this department; and (3) To take charge of the concrete implementation, supervision and inspection of the sector standards of customs within the business scope of this department. Article 9. A customs office directly under the General Administration of Customs shall perform the following functions: (1) To put forward the demand for formulating the sector standards of customs; (2) To participate in the formulation of sector standards of customs upon entrustment of the General Administration of Customs; and (3) To take charge of the implementation, supervision and inspection of the sector standards of customs within the jurisdiction of this customs office. CHAPTER III ESTABLISHMENT OF PROJECTS OF SECTOR STANDARDS OF CUSTOMS Article10. The annual project establishment system shall be adopted for the applications of sector standards of customs. The period from March 1 of each year to the last day of February of the next year shall be one working year of standardization. Each department of the General Administration of Customs shall, prior to the start of each new working year, submit to the legal affairs department of the General Administration of Customs an application for establishing a project of formulating or amending the sector standards of customs (See Annex 2). Such an application shall contain the contents, project person-in-charge, responsible persons, time to finish the draft, and other details of the standards to be established. Article 11. The legal affairs department of the General Administration of Customs shall be responsible for organizing the examination of the applications for the establishment of projects of sector standards of customs it receives, determining the projects of sector standards of customs within the current year and the department responsible for drafting, and drafting the annual plan on projects of standards of the General Administration of Customs. Upon deliberation and adoption of the Standardization Commission of the General Administration of Customs, it shall announce the annual plan on the work of sector standards of customs (See Annex 3) in the March of each year. During the course of determining the annual work plan, the legal affairs department of the General Administration of Customs shall fully communicate and coordinate with the departments applying for establishing the projects of sector standards of customs. Article 12. An application for establishing a project of formulating or amending the sector standards of customs shall meet the following requirements: (1) It meets the actual needs in the work of customs; (2) There is no national standard or sector standard satisfying the corresponding needs, or the prevailing sector standards should be revised; and (3) It falls within the scope of management of sector standards of customs. Article 13. The annual plan on the sector standards of customs shall be executed strictly. If it is really necessary to supplement any project during the midyear for any special reason, and if the project is determined as qualified upon examination by the legal affairs department of the General Administration of Customs and upon approval of the competent leader of the General Administration of Customs, it may be integrated into the annual plan of sector standards. Article 14. With regard to the sector standards of customs listed into the annual plan on sector standards, the drafting department shall finish the draft to be submitted for approval and shall submit it to the legal affairs department of the General Administration of Customs for examination and approval. In the case of failure to finish the project within the current year for any special reason, it may file a written application with the legal affairs department of the General Administration of Customs to carry it over to the next working year. CHAPTER IV THE FORMULATION, REVISION, ANNOUNCEMENT AND IMPLEMENTATION OF SECTOR STANDARDS OF CUSTOMS Article 15. According to the arrangement in the annual plan on the projects of standards, each department of the General Administration of Customs shall be responsible for drawing up the sector standards of customs or amendments to the sector standards of customs. Article 16. The sector standards of customs shall be complied according to the national standards GB/T1 in the Guiding Rules of Standardization. Article 17. The department responsible for drafting the sector standards of customs shall form a drafting team for standards, and the team members shall have professional knowledge of law, the relevant specialty, technology and standardization. The drafting team shall be responsible for drawing up the standards, putting forward a draft for consulting opinions and explaining about the formulation of or amendments to the standards. The drafting department shall be responsible for sending the draft of standards for consulting opinions to the relevant departments and entities to consult their opinions and shall simultaneously formulate a summary of opinions (See Annex 4). If the standards relate to the rights and obligations of the opposite parties of customs administration, the opinions of the customs administrative counterparts shall be consulted in a proper manner during the course of drafting. Article 18. After the drafting department finishes the drafting work, it shall timely submit the draft for examination, explanations about the formulation of or amendments to the standards, summary of the meeting for the examination of standards, summary of opinions and other pertinent annexes to the legal affairs department of the General Administration of Customs for examination. Article 19. The legal affairs department of the General Administration of Customs shall organize an examination team to examine the draft of sector standards for examination. The members of the examination team for sector standards of customs shall include legal experts, professionals, technicians with senior professional and technical titles, and managers who are familiar with the standardization work. Article 20. The examination of sector standards of customs shall proceed by way of examination meeting. The number of the members attending the examination meeting shall not be less than 7. Discussions shall be made fully at the examination meeting. If it is necessary to take a vote, it shall not be deemed adopted unless it is agreed upon by 3/4 of the members attending the meeting. A summary of the results of examination meeting shall be made, which shall faithfully state the opinions of all parties. Article 21. The drafting department shall arrange the sector standards of customs examined by the examination team into draft for approval and timely submit it and the summary of the examination meeting to the legal affairs department of the General Administration of Taxation. Article 22. The legal affairs department of the General Administration of Customs shall be responsible for the examination and approval of the sector standards of customs. The fundamental and comprehensive core standards shall first be subject to the examination and approval of the legal affairs department of the General Administration of Customs, and then be submitted to the Standardization Commission of the General Administration of Customs for approval. During the course of examination, if the legal affairs department of the General Administration of Customs believes that it is necessary to make important revisions or that there is any sharp divergence of opinions, it shall return it to the drafting department to solicit opinions again and revisions may be made. Article 23. During the course of formulating the sector standards of customs, the role of the sector associations, scientific and research institutions and academic groups shall be brought into full play and opinions of all parties shall be fully solicited. Article 24. The sector standards of customs upon examination and approval shall be numbered by the legal affairs department of the General Administration of Customs and shall be announced in the form of announcement of the General Administration of Customs. Article 25. The legal affairs department of the General Administration of Customs shall, within 30 after the announcement of sector standards of customs, submit the already announced sector standards of customs, the explanations about the formulation or revision along with the announcement documents, as well as the announcement document to the competent department of national standardization administrative department for archival purposes. Article 26. The sector standards of customs shall be strictly executed after they are announced. All departments of the General Administration of Customs and all customs offices directly under the General Administration of Customs shall timely report to the legal affairs department of the General Administration of Customs any problems they find when implementing the standards. CHAPTER V SUPPLEMENTARY PROVISIONS Article 27. After the implementation of the sector standards of customs, the legal affairs department of the General Administration of Customs shall, according to the changes of business and development of scientific technologies, organize the drafting department to review them in good time. Usually the review shall be made within 5 years after the implementation. Article 28. Under any of the following circumstances, the relevant sector standards of customs shall be abolished: (1) The environment or conditions for the application of standards does/do not exist any longer; (2) The corresponding national standards or new sector standards have already been promulgated; (3) The sector standards of customs are contrary to any newly promulgated law, regulation or rules; or (4) Any other circumstance under which the sector standards of customs shall be revised or abolished. Article 29. The power to interpret these Measures shall remain with the General Administration of Customs. Article 30. These Measures shall come into force as of February 1, 2006. Annex: omitted |
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