Measures of the Customs of the People's Republic of China on the Supervision of Transit Goods (Order No. 260 of the General Administration of Customs)

Source: admin Time: 2022-10-11

Article 1These Measures are formulated in accordance with the Customs Law of the People's Republic of China, the Biosafety Law of the People's Republic of China, the Law of the People's Republic of China on Import and Export Animal and Plant Quarantine and its implementing regulations, the Frontier Health and Quarantine Law of the People's Republic of China and its implementing rules, as well as relevant provisions of relevant laws and regulations, in order to strengthen customs supervision and management over transit goods, safeguard national sovereignty, security and interests, and promote trade facilitation.

Article 2Transit goods as referred to in these Measures refer to goods that are shipped from abroad and continue to be shipped abroad through land routes within China. Transit goods from countries or regions that have concluded or jointly participated in international treaties or agreements with my country that contain transit clauses for goods shall be allowed to transit in accordance with the relevant treaties and agreements. Other transit goods shall be allowed to transit after approval by the national commerce, transportation and other competent departments and filing with the customs at the place of entry. If otherwise provided by laws and regulations, such provisions shall prevail.

Article 3The following goods are prohibited from transiting: (1) goods originating from or destined for countries or regions where my country has stopped or prohibited trade; (2) weapons, ammunition, explosives and munitions, except those transported by military means; (3) highly poisonous drugs, narcotics and drugs such as opium, morphine, heroin and cocaine; (4) hazardous wastes and radioactive wastes; (5) special items such as microorganisms, human tissues, biological products, blood and its products; (6) invasive alien species; (7) ivory and other endangered animals and plants and their products, except as otherwise provided by law; (8) items prohibited from entry as stipulated in the "Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine", except as otherwise provided by law; (9) goods that cause harm to China's politics, economy, culture and morality; (10) other goods prohibited from transiting as stipulated by the state.Article 4Transit goods shall be subject to customs supervision from the time they enter the country to the time they leave the country. Without the approval of the customs, no unit or individual may open, extract, deliver, ship, exchange, modify, mortgage, pledge, retain, transfer, change the mark, use for other purposes or otherwise dispose of transit goods. Animals, plants, animal and plant products and other quarantined items shall not be unloaded from the means of transport during transit without the approval of the customs.

Article 5The person in charge of a means of transport that undertakes the domestic transportation of transit goods (hereinafter referred to as the "person in charge of the means of transport") shall obtain approval from the relevant state departments to carry out transit goods transportation business and shall register with the customs in accordance with regulations.

Article 6Transit goods, from entry to exit, shall be transported along the routes specified by the competent transportation department. If the competent transportation department does not have such regulations, the customs shall make such regulations. Animals transported across the border shall be transported along the routes specified by the customs.

Article 7Transit animals and other transit goods assessed to pose a high biosafety risk must enter the country through designated ports.

Article 8The person in charge of the means of transport shall submit a transit goods transport declaration form and truthfully declare it to the customs at the place of entry. If the transit goods are animals, plants, animal and plant products or other quarantine objects, the quarantine certificate issued by the animal and plant quarantine authority of the exporting country or region shall be submitted; if the transit goods are animals, the animal transit permit issued by the customs shall also be submitted at the same time; if the transit goods are dual-use items or other state-restricted transit goods, the relevant permits shall be submitted.

Article 9When transit goods arrive at the entry point, they can only be transported in transit after being reviewed and approved by the customs of the entry point. If quarantine is required according to law, they must be transported in transit after passing the quarantine. The carcasses, excrement, bedding materials and other wastes of transit animals must be handled according to law and must not be abandoned without authorization. When transit goods arrive at the exit point, they can only be transported out of the country after being verified and cancelled by the customs of the exit point.

Article 10Transit goods must not be transported together with other inbound and outbound goods and articles in vans or containers.

Article 11Customs may affix seals to domestic transport vehicles or containers carrying transit goods, and no one may open or damage them without authorization.

Article 12If transit goods need to be reloaded in transport vehicles or containers after leaving the entry point and before arriving at the exit point, the person in charge of the transport vehicle shall apply to the customs at the reload point for transit transport reload procedures. Transit goods shall be reloaded in warehouses or places designated or approved by the customs, and dangerous chemicals and dangerous goods shall be reloaded in places approved by relevant departments with safe operation conditions.

Article 13For transit goods with a full waybill that need to change transport vehicles or containers during domestic transportation, the person in charge of the transport vehicle can apply for transit transportation and transshipment procedures at the customs at the entry point and the transshipment point at one time.

Article 14Customs may send personnel to escort transit goods as required by work, and the person in charge of the means of transport shall provide convenience.

Article 15When the customs deems it necessary, it may inspect transit goods, and the person in charge of the means of transport shall be present to cooperate.

Article 16Except for reasons of force majeure, if transit goods are lost or missing within the country, the person in charge of the means of transport shall go through the relevant customs formalities at the customs at the port of entry.

Article 17If transit goods are not declared to the customs within three months from the date on which the means of transport is declared to enter the country, they shall be deemed as imported goods and handled in accordance with the relevant provisions of the Customs Law of the People's Republic of China and other laws and regulations.

Article 18Transit goods shall be transported out of the country within six months from the date on which the means of transport is declared to enter the country; under special circumstances, the extension period may be extended with the consent of the customs at the place of entry, but the extension period shall not exceed three months. If transit goods are not transported out of the country within three months of the period specified in the preceding paragraph, the customs shall collect them and sell them according to law. If there are other provisions in laws and regulations, they shall prevail.

Article 19Transit goods are not included in the import and export trade statistics and are counted separately by the customs.

Article 20If transit goods are not declared or declared falsely, the customs may give a warning or impose a fine of less than 30,000 yuan. Other violations of the provisions of these measures will be punished by the customs in accordance with relevant laws and regulations; if a crime is constituted, criminal liability will be pursued in accordance with the law.

Article 21The General Administration of Customs shall be responsible for interpreting these Measures. Article 22 These Measures shall come into force on November 1, 2022. The Measures of the Customs of the People's Republic of China on the Supervision of Transit Goods, promulgated by Order No. 38 of the General Administration of Customs on September 1, 1992, and amended by Order No. 198 of the General Administration of Customs on November 26, 2010 and Order No. 240 of the General Administration of Customs on May 29, 2018, shall be repealed at the same time.

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