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Article 1. With a view to further improving the management of export processing zones, facilitating the production and business operations of enterprises within the export processing zones, encouraging the expansion of export in foreign trade and promoting the transformation and upgrading of processing trade, the present Measures are formulated in accordance with the Customs Law of the People's Republic of China, Interim Measures for the Supervision of the Customs of the People's Republic of China over the Export Processing Zones and other relevant laws and administrative regulations. Article 2. The "carry-over of the goods of an export processing zone for deep processing out of the zone" refers to the business activities that a processing enterprise in an export processing zone (hereinafter referred to as the move-out enterprise) goes through the customs declaration formalities under the Interim Measures for the Supervision of the Customs of the People's Republic of China over the Export Processing Zones, transfers the goods processed or produced by itself, directly or via a bonded storage enterprise, to a processing trade enterprise in another export processing zone, bonded zone or any other area subject to the special supervision of the customs or to an area not subject to the special supervision of the customs (hereinafter referred to as move-in enterprise) for the purpose of export after further processing. Article 3. No bonded materials of a move-out enterprise may be transferred out of the export processing zone for deep processing unless they have been processed substantially. Article 4. The products processed or made by an enterprise in an export processing zone, which are moved to an enterprise in another export processing zone, bonded zone or any other area subject to the special supervision of the customs for the purpose of deep processing, are not included in the customs' statistics. The products processed or made by an enterprise in an export processing zone, which are moved to a processing trade enterprise out of the zone for deep processing shall be included in the customs' statistics under a single item. Article 5. No move-in enterprise or move-out enterprise, which is under any of the following circumstances, may undertake the carry-over of the goods of the export processing zone for deep processing out of the zone: (1) It is ordered by the customs to make rectification within a time limit because it doesn't meet the supervisory requirements of the customs, and is in the rectification period; (2) It is being investigated by the customs because it is suspected of involving in a case of smuggling, and the case is still pending; (3) It fails to submit its Processing Trade Brochure for verification within the prescribed time limit; (4) It is exclusively engaged in maintenance or design and development; or (5) Other circumstances under which it doesn't meet the supervisory conditions for the carry-over for deep processing. Article 6. With regard to the carry-over of the goods of an enterprise in an export processing zone for deep processing out of the zone, the move-out enterprise shall not make an actual carry-over of the goods until it, upon the strength of the official reply of the administrative committee of the export processing zone, completes the customs record formalities in the customs of the export processing zone where it is located. If the goods is to be moved into an enterprise of another export processing zone, bonded zone or any other area subject to the special supervision of the customs, the move-in enterprise shall, upon the strength of the official reply of the administrative committee of the export processing zone where it is located, go through the carry-over formalities under the preceding provisions. If the goods is to be moved into an processing trade enterprise not within an export processing zone, bonded zone or any other area subject to the special supervision of the customs, the move-in enterprise shall, upon the strength of the official reply of the commerce (foreign trade and economic cooperation) administrative department, go through the carry-over formalities under the preceding provisions. Article 7. With regard to the goods to be carried over to another processing trade enterprise not within an export processing zone, bonded zone or any other area subject to the special supervision of customs, the customs shall handle relevant formalities under relevant provisions on the import goods for processing trade. If the goods to be carried over falls within the scope of commodities subject to the export licensing management under the processing trade, the enterprise shall provide the customs with the corresponding valid import license. Article 8. A move-out enterprise or move-in enterprise may go through the carry-over formalities by way of "delivering goods in batches and making centralized customs declaration". If the products made by the move-out enterprise are to be carried over to another export processing zone, bonded zone or any other area subject to the special supervision of the customs, the move-out enterprise and the move-in enterprise shall respectively go through the carry-over formalities in the competent customs. If the goods is to be carried over to another processing trade enterprise not within an export processing zone, bonded zone or any other area subject to the special supervision of the customs, the move-out enterprise and the move-in enterprise shall go through the carry-over formalities in the competent customs where the move-out enterprise is located. Article 9. As to the carry-over of the goods of an enterprise in an export processing zone for deep processing out of the zone, if the goods is to be moved to another export processing zone, bonded zone or any other area under the special supervision of the customs, except under a special circumstance, the customs formalities shall be gone through by referring to the relevant provisions on customs change transportation. If the products made by the move-out enterprise are to be carried over to another export processing zone, bonded zone or any other area subject to the special supervision of the customs and if the formalities for the carry-over of the goods can't be handled by referring to the supervisory form applicable to the customs change transportation, the enterprise may complete the transportation of the goods by itself after it has provided the corresponding guaranty to the competent customs where the move-out enterprise or move-in enterprise is located. Article 10. As to the products of an enterprise in an export processing zone to be moved to a processing trade enterprise not with an export processing zone, bonded zone or any other area subject to the special supervision of the customs, the move-out enterprise or move-in enterprise shall, when it files a carry-over plan with the customs, submit the Customs of the People's Republic of China-Application for the Carry-over of the Goods of the Export Processing Zone for Deep Processing Out of the Zone (hereinafter referred to as the Application, see Annex 1.) and shall faithfully fill out all the items in the Application. An Application can be correspond to one move-out enterprise and one move-in enterprise, but may correspond to many "Processing Trade Brochures" of the move-in enterprise. Article 11. A move-in enterprise or move-out enterprise shall go through the record formalities for its carry-over plan according to the following requirements: (1) The move-in enterprise shall fill its move-in plan in the Application (in quadruplicate), and then shall, upon the strength of the Application, go through the formalities for record in the customs where the move-in enterprise is located; (2) After completing the record formalities, the customs of the place where the move-in enterprise is located shall keep the first page of the Application and return the other three pages back to the move-out enterprise via the move-in enterprise; (3) The move-out enterprise shall, within 30 days as of the record with the customs of the place where the move-in enterprise is located, fill in the relevant contents of the enterprise concerned upon the strength of the other three pages of the Application to complete the formalities of record at the customs of the place where the move-out enterprise is located. If the contents in the Application submitted by the move-out enterprise to the customs do not meet the relevant provisions of the customs, the customs shall, on the spot or within 5 days as of accepting the Application, inform the move-out enterprise, for once, of the items to be supplemented and corrected. Where the Application is rejected, the customs shall produce and issue the applicant a Decision of Rejection of Customs Administrative Licensing Application and inform it of the right to apply for administrative reconsideration or lodge an administrative lawsuit. The move-out enterprise or move-in enterprise shall file a new application and go through the record formalities; and (4) After examination, the customs of the place where the move-out enterprise is located shall keep the second page of the Application, give the third and fourth pages to the move-out enterprise and move-in enterprise. Upon the strength of the third and fourth page of the Application, the move-in enterprise and move-out enterprise shall go through the formalities for the register of receipt and delivery of the goods under the carry-over as well as the formalities for the customs declaration. Article 12. After a move-out enterprise and move-in enterprise complete the formalities for recording the carry-over, they shall deliver and take the goods according to the Application approved by the customs at both the move-out and move-in places. The record of each batch of goods consigned by the move-out enterprise shall be faithfully noted in the Register Form of the Actual Carry-over of Goods of an Export Processing Zone (in triplicate, hereinafter referred to as the Register Form. (See Annex 2.). The goods may be moved out of the export processing zone after the customs notes down the relevant matters on the Register Form at the exit of the move-out place. Article 13. After a move-out enterprise or move-in enterprise actually delivers or receives a batch of goods, it may, upon strength of the Application and the Register Form with the relevant matters noted down by the customs at the exit of the move-out place, go through the customs declaration formalities batch by batch or in a centralized way. The move-out enterprise or move-in enterprise shall, after the actual delivery or receipt of every batch of goods, go through the declaration formality of the said batch of goods within 30 days as of the actual delivery or receipt of every batch of goods. One carry-over import customs declaration shall correspond to one archival export carry-over checklist. The move-out enterprise or move-in enterprise shall, under the provisions of the customs, faithfully and accurately declare to the customs the name of the goods carried over, serial number of the commodity, specification, quantity, price, etc. The customs at the move-out place or move-in place shall verify the declared data. Article 14. As to the goods of the export processing zone that are moved out are returned or returned to the move-out export processing zone for replacement due to the inconformity of the quality or for any other reason, if the move-in enterprise is a processing trade enterprise not within an export processing zone, bonded zone or any other area subject to the special supervision of the customs, the competent customs at the move-out place shall handle the relevant formalities under relevant provisions on the return or return for replacement, shall note down the relevant information about the actual return or return for replacement in the Register Form and give a clear indication of "Return" or "Return for Replacement". If the move-in enterprise is an enterprise in another export processing zone, bonded zone or any other area subject to the special supervision of the customs, the move-in enterprise and move-out enterprise shall go through the relevant formalities in the local competent customs respectively. As to the goods that are necessary to be returned to the move-out export processing zone for maintenance due to inconformity of quality or for any other reason, the relevant formalities shall be gone through by referring to the provisions on the return for replacement. Article 15. A move-out enterprise shall uniformly issue export invoices for the goods moved out of the export processing zone by way of carry-over for deep processing. The move-in enterprise and move-out enterprise shall make settlement on the basis of foreign currency, and the customs shall, under relevant provisions, issue a Certification Page of the Customs Declaration for Export Proceeds in Foreign Exchange. Article 16. All the goods under the carry-over after moving out of an export processing zone for deep processing shall be processed and exported. For a special reason, if it is really necessary to sell the goods within China or use the goods for producing products to be sold within China, the processing trade enterprise not within an export processing zone shall go through the formalities under the relevant provisions of the state. Article 17. An enterprise that adopts the way of computer network management may handle the carry-over formalities through the computer network. Article 18. Where a move-in enterprise or move-out enterprise violates the present Measures, it shall be punished in accordance with the Customs Law of the People's Republic of China and the Regulation on the Implementation of the Administrative Penalties under the Customs Law of the People's Republic of China. If any crime is constituted, it shall be subject to criminal liabilities. Article 19. The power to interpret the present Measures shall remain with the General Administration of Customs. Article 20. The present Measures shall be implemented as of May 1, 2005. Annexes: 1. The Customs of the People's Republic of China-Application for the Carry-over of the Goods of the Export Processing Zone for Deep Processing Out of the Zone (Omitted); 2. The Register Form of the Actual Carry-over of Goods of an Export Processing Zone (Omitted). |
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