No. 6, 2014

    To advance the clearance facilitation of entry-exit goods in China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the Pilot Zone), in accordance with the Customs Law of the People’s Republic of China and the Notice of the State Council on Promulgation of the Framework Plan for China (Shanghai) Pilot Free Trade Zone (Guofa [2013] No. 38), upon approval by the General Administration of Customs, matters about implementation in the Pilot Zone of the operation mode of goods entering the Zone from abroad by “first entering and then declaring to the customs” (hereinafter referred to as “first entering and then declaring”) are hereby announced as follows:

    I. “First entering and then declaring” means the operation mode in the Pilot Zone entering from abroad link, where enterprises registered with the customs in the Pilot Zone (hereinafter referred to as the “enterprise in the Zone”) may, by presenting the manifest of entering goods and such other information, make brief declaration to the customs first and handle formalities for picking up goods at port and goods entering the zone, and, in the prescribed time limit, handle formal declaration formalities for entering goods with the customs.

    II. Enterprises in the Zone that conduct the operation mode of “first entering and then declaring” shall meet the following requirements:

1. Enterprise management classification is class B and above;

    2. Set up a computer management system in line with the customs supervision requirement, able to network with the China (Shanghai) Pilot Free Trade Zone Customs Supervision Informatization System (hereinafter referred to as the “Informatization System”) and submit relevant data that can satisfy the customs supervision requirements via the data exchange platform or other computer network according to the attestation mode provided for by the customs. (For specific networking conditions and handling formalities, see Announcement of Shanghai Customs No.5, 2014)

    III. Eligible enterprises in the Zone that conduct the operation mode of “first entering and then declaring” shall handle filing formalities with the competent customs in the Pilot Zone (hereinafter referred to as the “competent customs”) and make the following submissions:

    1. China (Shanghai) Pilot Free Trade Zone “First Entering and Then Declaring” Business Mode Filing Form (Annex 1);

    2. The original and copy of Registration Certification of the People’s Republic of China Customs Declaration Authority; and

    3. Other submissions as required by the customs.

The competent customs shall make feedback opinions within 3 working days from receiving the complete submissions.

    IV. Enterprises in the Zone may at discretion select the operation mode of “first entering and then declaring” for the whole or partial business. If the enterprise’s goods belong to the goods prohibited or restricted by the State from entering, the operation mode of first entering and then declaring” does not apply thereto.

V. Enterprises in the Zone shall, in the enterprise end of the Informatization System, make truthfully the Request for Delivery Taking according to the cargo manifest and send it to the competent customs; upon receiving approval information, go to the port to take delivery, and print the Notice of Delivery Taking (Annex 2) in the enterprise end of the Informatization System; the managers in the supervision place shall handle the delivery taking formalities against the customs electronic information.

    Enterprises in the Zone shall transport goods by use of the supervision vehicles of the customs, and transport goods into the Pilot Zone within 24 hours against the Notice of Delivery Taking.

    Enterprises in the Zone shall file entry record to the competent customs within 14 days from the day of the means of transportation declaring entry.

    VI. In the special area under the customs supervision in the Pilot Zone where the zone-port integrate administration is exercised, enterprises in the Zone may transport by themselves the “first entering and then declaring” goods that were transported from the port operation area in the Zone to the bonded operation area via the passage in the Zone.

    VII. Enterprises in the Zone, when going to the port to take delivery but failing to receive the customs electronic information due to equipment failure of the system, may handle formalities for delivery taking, upon connection with the competent customs, by presenting the paper original of bill of lading stamped with the customs “Clearance” or “Clearance Confirmed”; they may also select applicable clearance mode in force to handle the customs formalities.

    VIII. Goods that have entered the Zone but have not filed for declaration shall not go out of the Zone

    Goods that have been filed for declaration need to be transported out of the Zone due to wrong delivery, overload or shortage, or damage in the course of goods receiving and delivering are subject to formalities for general returned cargo.

    IX. In any of the following cases, the “first entering and then declaring” operation mode is suspended for corresponding enterprises:

    1. Non-compliance with the business conducting conditions;

    2. Goods involved in suspected smuggling or import-export IP tort are put on file for investigation and prosecution by the customs; and

    3. Suspension as required by the customs for other illegalities.

After compliance with the conditions for business conducting once again or after the investigation is finished, the competent customs shall determine whether or not to restore the business depending on the actual circumstances.

    X. Managers in the supervision place in this Announcement include operators in the shipping port supervision place in compliance with requirements of the Announcement of Shanghai Customs on Implementation of Clearance Electronic Information Safety Attestation Standard (Shanghai Customs Announcement No.4, 2014) and operators in the air transport supervision place in the Pilot Zone.

    This Announcement comes into force on May 1, 2014.

Annex:

1. China (Shanghai) Pilot Free Trade Zone “First Entering and Then Declaring” Business Mode filing Form

2. Notice of Delivery Taking (Sample)

Shanghai Customs      

 April 21, 2014

Annex 1:

China (Shanghai) Pilot Free Trade Zone “First Entering and Then Declaring” Business

Mode filing Form

    Serial No. ____Customs     Year     No.

Note: This form is printed on the right and wrong sides, in duplicate, the competent customs and filed enterprise each keeping a copy.

Annex 2      

Notice of Delivery Taking (sample)