Order No. 253 of the General Administration of Customs

(order on Promulgating the provisions of the customs of the people's Republic of China on the administration of the filing of customs declaration entities)

Provisions of the people's Republic of China on the administration of the filing of customs declaration units

(promulgated by order No. 253 of the General Administration of Customs on November 19, 2021 and effective as of January 1, 2022)

Article 1 These Provisions are formulated in accordance with the provisions of the Customs Law of the people's Republic of China and other relevant laws and administrative regulations in order to standardize the filing management of customs declaration entities by the customs.

Article 2 customs declaration entities refer to the consignees and consignors of import and export goods and customs declaration enterprises that have been filed with the customs in accordance with these provisions.

Article 3 customs declaration entities may handle customs declaration business within the customs territory of the people's Republic of China.

Article 4 the consignee and consignor of import and export goods and the customs declaration enterprise applying for filing shall obtain the qualification of market subject; Where the consignee or consignor of import and export goods applies for filing, it shall also obtain the filing of foreign trade operators.

If the consignee or consignor of import and export goods and the customs declaration enterprise have gone through the filing of the customs declaration unit, its branch meeting the conditions in the preceding paragraph may also apply for the filing of the customs declaration unit.

Where there are other provisions in laws, administrative regulations and rules, such provisions shall prevail.

Article 5 when applying for filing, a customs declaration entity shall submit the filing information form of customs declaration entity to the Customs (see Annex).

Article 6 if the following units need to engage in non trade import and export activities in accordance with the relevant provisions of the state, they shall go through temporary filing:

（1） Resident representative offices established in China according to law by overseas enterprises, news, economic and trade institutions and cultural organizations;

（2） Units that import and export a small amount of goods samples;

（3） State organs, schools, scientific research institutes, Red Cross Societies, foundations and other organizations

（4） Units that receive donations, gifts or international assistance or provide donations or international assistance to foreign countries;

（5） Other units that can engage in non trade import and export activities.

For temporary filing, the applicant shall submit the filing information form of customs declaration unit to the local customs, and attach the subject qualification certification materials and non trade import and export activities certification materials.

Article 7 If, after examination, the filing materials are complete and meet the filing requirements of the customs declaration unit, the customs shall file them within 3 working days. The filing information shall be published through the "China Customs enterprise import and export credit information publicity platform".

Where a customs declaration entity requires a paper filing certificate, the customs shall provide it.

Article 8 the filing of customs declaration entities shall be valid for a long time.

The validity period of temporary filing is 1 year. After the expiration, you can apply for filing again.

Article 9 Where the name, market subject type, domicile (main business place), legal representative (person in charge), customs declarer and other information specified in the record information form of customs declarer are changed, the customs declarer shall apply for change to the local customs within 30 days from the date of change.

Where a customs declaration unit changes its local customs due to relocation or other reasons, it shall apply to the changed customs for change.

Article 10 under any of the following circumstances, a customs declaration entity shall go through the formalities of record cancellation with the local customs:

（1） Termination due to dissolution, declaration of bankruptcy or other legal reasons;

（2） The registration is cancelled or revoked or the business license is revoked by the market supervision and administration department;

（3） The record of the consignee or consignor of import and export goods as a foreign trade operator is invalid;

（4） The temporary filing unit loses its subject qualification;

（5） Other circumstances that should be cancelled according to law.

Where a customs declaration entity has filed for cancellation at the customs, its affiliated branch shall go through the formalities for filing for cancellation.

Where a customs declaration entity fails to go through the formalities for filing and cancellation in accordance with the provisions of the preceding two paragraphs, the customs shall cancel it according to law after discovering it.

Article 11 a customs declaration entity shall complete the relevant customs formalities before filing for cancellation.

Article 12 a customs declaration entity shall be responsible for the authenticity and validity of the materials submitted and bear legal liabilities when handling the filing, alteration and cancellation.

Article 13 the customs may supervise and conduct on-the-spot inspection on the filing of customs declaration units, and consult or require customs declaration units to submit relevant materials according to law. The customs declaration unit shall cooperate and truthfully provide relevant information and materials

Article 14 Where a customs declaration entity is under any of the following circumstances, the customs shall order it to make corrections. If it refuses to make corrections, the customs may impose a fine of not more than 10000 yuan:

（1） The name, market subject type, domicile (main business place), legal representative (person in charge), customs declaration personnel, etc. of the customs declaration unit are changed, and the change is not handled with the customs in accordance with the provisions;

（2） Concealing the true situation or practicing fraud in the filing information submitted to the customs;

（3） Refusing to cooperate with customs supervision and on-site inspection.

Article 15 the General Administration of Customs shall be responsible for the interpretation of these provisions.

Article 16 These Provisions shall enter into force as of January 1, 2022. The provisions of the people's Republic of China on the administration of the registration of customs declaration units, promulgated by order No. 221 of the General Administration of Customs on March 13, 2014, amended by order No. 235 of the General Administration of Customs on December 20, 2017 and amended by order No. 240 of the General Administration of Customs on May 29, 2018, promulgated by order No. 161 of the former General Administration of quality supervision, inspection and Quarantine on February 15, 2015 The measures for the administration of entry exit inspection and quarantine enterprises amended by order No. 184 of the former General Administration of quality supervision, inspection and Quarantine on October 18, 2016, order No. 238 of the General Administration of Customs on April 28, 2018 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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