BIZCHINA / Taxation

Import & Export Tariff Regulations of the People's Republic of China

Updated: 2006-04-17 15:29

CHAPTER 6 CLAIM PROCEDURES

Article 36. In the event of disagreement to the payment, exemption, additional payment and refund of Customs duties of import or export goods as determined by the Customs, the tariff payer is required to pay the dutiable amount as required by the Customs first and then apply in writing for consideration to the Customs within 30 days of the issuance by the Customs of the notice of payment. Applications for reconsideration of claims made after the prescribed 30-day period will not be considered.

Article 37. The Customs decision shall be made within 15 days after receipt of the application for reconsideration of claims. The tariff payer, if dissatisfied, may apply to the Customs General Administration within 15 days after receipt of reconsideration decision for its reversal.

Article 38. The Customs General Administration's decision shall be made within 30 days after receipt of the reconsideration application, and the decision shall be communicated to the applicant in the form of Settlement Notification through the local Customs. The tariff payer, if still dissatisfied with the settlement by the Customs General Administration, may take the case to the people's court within 15 days of receipt of the settlement notification.

CHAPTER 7 PENALTY PROVISIONS

Article 39. Any violation of the present Regulations that constitutes an act of smuggling or breach of the provisions of Customs supervision and control shall be dealt with according to the Customs Law of the People's Republic of China and the Detailed Provisions of Administrative Penalty of the Customs Law of the People's Republic of China and other relevant laws and decrees.

CHAPTER 8 SUPPLEMENTARY PROVISIONS

Article 40. The Customs shall give rewards to and maintain secrecy for those units and individuals that have provided assistance or reported information leading to the cracking of cases of tariff evasion and smuggling operations that are in violation of the present Regulations.

Article 41. The right to the interpretation of the present Regulations shall be vested in the Customs General Administration of the People's Republic of China.

Article 42. The present Regulations shall go into effect as of April 1, 1992.


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