INTERIM MEASURES CONCERNING STRENGTHENING ADMINISTRATION OF IM-

(Approved and promulgated by the State Council on August 25, 1987)With the development of China's foreign trade and economic andtechnological exchanges with foreign countries, the amount of imports byair has increased rapidly and the task of transporting goods from airportshas become increasingly arduous. The following interim measures areformulated in order to speed up the flow of goods at airports to preventgoods from being kept too long in storage:1. When entrusting the foreign trade companies and the industrial tradecompanies which are empowered to import the relevant commodities to do theordering, the units importing goods through air transport mustconscientiously fill out import orders according to the instructions ofthe entrustedunits. The full name of the units and the detailed addressesmust be written in the column for the consignee, with the names andtelephone numbers of the persons in charge clearly indicated.2. When it is necessary to claim damages and demand resupply of goods fromthe seller because of lack or loss of imported goods caused by the seller,the company which didthe ordering shall be responsible for the workinvolved. If, in special cases, the job must be done by the usersthemselves, it is necessary to ask the seller to indicate clearly on theway bill the number of the contract and the consignee (if foreign tradetransport companies or other agent transport departments are entrusted todo the job, the names of these companies or departments shall beindicated) and notify the company which did the ordering of the goods ofthe results.3. Foreign trade companies and industrial trade companies should acceptentrustment for ordering goods within the approved scope of business forhandling imported commodities. They must not accept entrustment fromthose user units which have not obtained import licences for the goods.These companies should examine and verify import orders and write themarks, codes and symbols in strict accordance with the relevantstipulations. The relevant personnel should be professionally familiarwith the structure of the marks and arrange the codes strictly accordingto their order. No such mistakes as reversion, addition and subtractionmay be allowed.Newly-established foreign trade companies and industrial trade companiesshall apply to the Ministry of Foreign Economic Relations and Trade (orits Transport Bureau) for marks and codes within one month of approval forthe establishment. Those companies which have not applied must go throughthe formalities within one month of promulgation of these Measures. Nounits may be allowed to devise their own codes or borrow the codes ofother units. The Ministry of Foreign Economic Relations and Trade (or itsTransport Bureau) shall conduct regular check-ups of the marks and codesused by various companies.4. When signing contracts of imports by air with foreign businessmen andcompanies, foreign trade companies and industrial trade companies shouldtry to fix FOB prices (prices calculated on the basis that the sellerdeliver the goods to the planesdesignated by the buyer) in the clauses sothat our civil aviation planes and the agencies for air transport of ourforeign trade transport companies or other agent transport companiesstationed in foreign countries will be used as much as possible. Whensigning contracts with foreign businessmen and companies, foreign tradecompanies and industrial trade companies should take into fullconsideration the factors of Customs clearance and transport in China.When the sellers are requested to write way-bills, bills and receipts,they must provide consistent marks, codes and the numbers of thecontracts, with enough copies. It is also necessary to ask the sellers tomake eye-catching full-size marks and symbols on the outside packing ofthe goods.5. After signing contracts, foreign trade companies and industrial tradecompanies shall promptly send copies of the contracts, the licences andother relevant materials to foreign trade transport companies or otheragent transport companies as certificates for taking over the goods,Customs clearance and transport.6. After imported goods arrive at airports by air, transport departmentsof the civil aviation administration shall promptly complete theformalities for handing over the goods to the relevant foreign tradetransport companies and other agent transport companies, with every lot ofgoods carefully checked. In case of any lack or damage of the goods or ofloss of the whole lot of goods, transport departments of the civilaviation administration shall sign and issue certificates.7. After receiving the goods entrusted for Customs clearance, foreigntrade transport companies or other agent transport companies should gothrough the formalities within the time limit prescribed by the Customs.With respect to the goods which have been entrusted for Customs clearancebut are not armed with adequate number of documents and those goods whichhave not been entrusted but belong to the category for which agenttransport companies have the duty to notify the relevant units, thesecompanies should send three notices or letters of inquiry to the unitsordering the goods or the consignee within the limited Customs clearanceperiod. Upon the arrival of the goods, a notice of arrival or a letter ofinquiry shall be sent; if the goods are not cleared through the Customswithin a month, a notice of pressing for Customs clearance or a letter ofinquiry shall be sent; if the goods are not cleared through the Customswithin two months, another notice of pressing for Customs clearance or athird letter of inquiry shall be sent. All the notices and letters shallbe sent by registered mail. With respect to the goods which should bedirectly handed over to the consignee by transport departments of thecivil aviation administrations, the departments shall send three noticesof pressing for Customs clearance within two months of the arrival of thegoods.8. In order to find out the real situation to facilitate the Customsclearance, in case that goods imported by air are not cleared through theCustoms two months after the day when the means of transport were declaredfor entry, transport departments of the civil aviation administration,foreign trade transport companies or other agent transport departments maysend separate applications to the Customs for opening the packing of thegoods. The opening of the packing shall be conducted under the supervisionof the Customs, which shall sign and issue the relevant certificates.9. Under no excuses may consignees refuse to go through the formalitiesconcerning Customs clearance and refuse to take delivery of their goods.When there are good reasons, they should promptly explain to the Customs,transport departments of the civil aviation administrations, foreign tradetransport companies or other agent transport departments, and complete thejob within three months. During this period, the consignees may declare tothe Customs that they abandon the relevant advertisement material,samples, presents and those documents of claims for damages which havexceeded the prescribed period of validity. The goods imported throughcontracts and those documents of claims for damages which have notexceeded the prescribed period of validity may not be abandoned inprinciple. When there are good reasons for the abandonment, approval mustbe obtained from the competent department.10. The Customs should simplify the formalities and speed up theexamination and clearance of imported goods in the spirit of providinggood service but with strict examination. The imported goods withdocuments of approval issued by theState shall be cleared according to the relevant regulations.The goods for which damages have been claimed shall be examined andcleared in accordance with the Stipulations Concerning Imposition of orExemption from duties on Imported and Exported Goods Compensated at NoCosts formulated by the General Administration of Customs. If it isdifficult for the consignees to produce the certificates of claims for theexamination on the spot, the Customs may clear the goods first after theconsignees provide necessary guarantee and promise to go through theformalities within the time limit. With respect to the samples andpresents which do not belong to the category of imported goods restrictedby the State but are not supported by receipts, upon the application ofthe consignees, the Customs may open the packing for examination, offer anappraised price and clear the goods with or without taxes according to theregulations.11. If consignees fail to declare to the Customs within three months ofthe declaration for entry by the means of transport, their imported goodsshall be transferred to the Customs for sale by the transport departmentsof the civil aviation administration, foreign trade transport companies orother agent transport department. The goods should be sold in theprinciple of economy and making the best use of everything. Instrumentsand machinery equipment should be sold as far as possible to the relevantunits. The money from the sale of such goods, after the deduction of theexpenses for transport, loading and unloading and storage as well as theduties, shall be returned by the Customs to the consignees upon theirapplications within one year of selling. The money shall be turned over tothe State treasury if no one applies for it.12. Units importing goods, foreign trade companies, industrial tradecompanies, foreign trade transport companies and other agent transportdepartments as well as the Customs at the airports must all strictlyimplement these Measures and should, in accordance with these Measures,establish and amplify theirrules and regulations and clarify post responsibilities.13. The commissions (or offices) in charge of port affairs in variousregions shall, in accordance with the Interim Provisions for the Scope ofCompetence of Local Administrative Organs for Port Affairs issued by theGeneral Office of the StateCouncil, organize various relevant units atthe ports to jointly check theimplementation of these Measures and solvecontradictions promptly through coordinated efforts.In case that goods have gone bad, documents claiming for damages haveexceeded the prescribed period, or owners of the goods cannot be foundbecause of clogged airports caused by violations of these Measures,investigations shall be carried out to pursue the economic andadministrative liabilities of the responsible units or persons.14. The Leading Group for Port Affairs of the State Council shall, inconjunction with the Ministry of Foreign Economic Relations and Trade, theGeneral Administration of Customs, the Civil Aviation Administration ofChina and other relevant departments, conduct regular checkups andpromptly review and solve existing problems.

 

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