Announcement of the General Administration of Customs [2018] No.104 - Announcement on Matters Concerning the Regulation of Processing Trade

Announcement of the General Administration of Customs [2018] No.104 - Announcement on Matters Concerning the Regulation of Processing Trade
Announcement of the General Administration of Customs [2018] No.104 - Announcement on Matters Concerning the Regulation of Processing Trade

Announcement of the General Administration of Customs [2018] No.104

August 13, 2018

On May 29, 2018, the General Administration of Customs issued the Decision of the General Administration of Customs on Revising Some Rules (Order of the General Administration of Customs No.240), under which the relevant provisions in the Measures of the Customs of the People's Republic of China for the Supervision and Administration of Processing Trade Goods (the "Measures") are revised. Adjustments are hereby made in combination with the revised contents in the Order of the General Administration of Customers No.240 and the announcements issued before, and are re-announced as below:

I. Issues concerning Article 2 of the Measures
Operating enterprises shall handle customs formalities such as domestic sale, transfer and returning of bonded materials or finished products within the term of validity of the manual.

II. Issues concerning Article 6 of the Measures
1. The formalities for mortgage shall not be handled under any of the following circumstances:
(1) the mortgage affects the normal production of processing trade goods;
(2) the mortgage of processing trade goods or the bonded materials used thereby is subject to import and export licenses;
(3) the processing trade goods to be mortgaged are goods processed with supplied materials;
(4) where administration is based on contracts, the period of the mortgage exceeds the effective period of the manual;
(5) where administration is based on enterprises, the period of mortgage exceeds one year;
(6) operating enterprises or processing enterprises are suspected of smuggling or violation of regulations, and the case has been put on file for ongoing investigation by the customs;
(7) operating enterprises or processing enterprises are ordered by the customs to make rectifications due to management chaos, and such rectifications have not been completed; or
(8) other circumstances under which the customs deem that the formalities for mortgage shall not be approved.
2. The following materials shall be submitted to the competent customs by operating enterprises which apply for handling the formalities for mortgage of processing trade goods:
(1) the formal written application; and
(2) the written intention materials about bank mortgages.
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