Interim Measures For People'S Republic Of China Customs To Examine Prices Of Export Commodities

In December 31, 1994, the Customs General Administration first formulated the measures in accordance with the Customs Law of the People's Republic of China, the import and export tariff regulations of the People's Republic of China, the detailed rules for the implementation of the People's Republic of China customs regulations, and the decision of the State Council to examine the export commodities by the customs.

The customs valuation of the second export commodities should be the paction price, that is, the selling price of the export commodity to be sold abroad.

The price to be sold should be made up of the domestic production cost, reasonable profit, and storage and pportation, insurance and other expenses needed for foreign trade.

The consignor or its agent of the third export commodities shall declare to the customs the selling price of the export commodities sold abroad.

The commodity paction price declared by the consignor or its agent of the fourth export commodities shall be examined and approved by the customs in accordance with the following prices after the customs examination fails to comply with the second provision of the present Measures: (1) the paction price of the same goods sold to the same country or region for the same period.

(two) the paction price of similar commodities sold to the same country or region for the same period.

(three) the price calculated according to the cost, storage and pportation expenses, insurance costs, profits and other incidental expenses of the same or similar commodities produced in China.

(four) if the above methods are not yet determined, the customs shall examine the price with other reasonable methods.

The fifth customs's examination price for export commodities shall be carried out by the customs receiving the declaration when the consignor or his agent declared the export.

When exporting goods in the way of processing trade, the business unit should declare the paction price of the finished product in advance when it deals with the contract with the competent customs.

The Customs at the exit of the port may also examine the price of goods exported for export.

Sixth, in order to reasonably examine the prices of export commodities, the Customs has the right to inspect contracts, invoices, account books, documents, records, documents, business correspondence and other materials related to import and export commodities in accordance with the provisions of the Customs Law of the People's Republic of China.

Seventh when the Customs has doubts about the price declared by the consignor or his agent, he may ask the consignor or his agent of the export commodity to provide the documents that prove the true, complete and accurate declaration price, and all the relevant materials reflecting the relationship between the buyer and seller and the paction activity.

The consignor or his agent of the export commodities shall provide the above information according to the customs requirements, and the customs shall not release the export commodities to the customs.

The eighth customs deals with the goods that are exported at a low price. The following are the differences: (1) when the declared price is lower than the customs's approved price, the consignor or the agent of the export goods should pay the deposit equal to the difference between the declared price and the customs's approved price, and the goods shall be released by the customs, and the relevant import and export chambers of Commerce and the State Administration of foreign exchange shall be notified for investigation.

Upon investigation, the foreign exchange administration department shall handle the case where there is conclusive evidence of low price and evasion of foreign exchange, and shall be punished by the customs in accordance with the provisions of the detailed rules for the implementation of the administrative law of the Customs Law of the People's Republic of China in accordance with the detailed rules for the implementation of foreign exchange control penalties.

(two) if the declared price is obviously lower than the Customs approval price, the export commodities that will cause damage to other countries' products will be false and concealed by the customs investigation. The customs may detain the goods and not allow them to export. In accordance with the provisions of the detailed rules for administrative penalties of the Customs Law of the People's Republic of China, the customs may impose a fine of less than the value of the goods. At the same time, the relevant import and export chambers of Commerce and the State Administration of foreign exchange shall be notified.

The ninth article, after checking the entities and individuals who have reported dumping behavior at low prices, will issue the bonus to the customs according to the regulations and keep it confidential.

The tenth "measures" are interpreted by the General Administration of customs.

The eleventh article "measures" has been implemented since February 1, 1995.