Article 1 These Regulations are formulated in accordance with the relevant provisions of the Customs Law of the People’s Republic of China and the Statistics Law of the People’s Republic of China for the purpose of carrying out customs statistical work in a scientific and effective manner and ensuring accuracy, timeliness and completeness of customs statistics.
Article 2 As a component part of the national economic statistics, customs statistics are statistics prepared by the customs on import and export trade in goods in accordance with law.
Customs statistics are designed for statistical investigation, statistical analysis and statistical supervision in respect of the import and export trade in goods, for the monitoring and early warning of imports and exports, for the compiling, managing and publishing of the data of customs statistics, and for the offering of statistical services.
Article 3 The General Administration of Customs shall be responsible for organizing and administering customs statistics throughout the country.
The customs statistics institutions and statisticians shall perform their duties in accordance with the provisions of the Statistics Law of the People’s Republic of China, the Rules for the Implementation of the Statistics Law of the People’s Republic of China and these Regulations.
Article 4 All goods that actually pass through customs territory, which leads to increase or decrease in the stock of the materials in customs territory, shall be recorded in customs statistics.
The import and export articles that exceed the reasonable quantity for personal use shall be recorded in customs statistics.
Article 5 The following import and export goods shall not be recorded in customs statistics:
(1) transit, transshipment and through goods;
(2) goods for temporary import or export;
(3) currency and gold used as currency;
(4) goods on lease for less than one year;
(5) goods that are compensated or replaced free of charge because of damage, shortage in weight or measure, inferior quality or being not up-to-specifications; and
(6) other goods that are not recorded in customs statistics as prescribed by the General Administration of Customs.
Article 6 The statistical items of import and export goods include:
(1) description and code;
(2) quantity and statistical value;
(3) trading enterprises;
(4) customs regime;
(5) the mode of transport;
(6) the country (region) of origin, country (region) of consignment, and domestic locations of importers for import goods;
(7) the country (region) of final destination, country (region) of consignment, and domestic locations of exporters for export goods;
(8) the date of import or export;
(9) customs districts; and
(10) other statistical items as prescribed by the General Administration of Customs.
The General Administration of Customs may, in light of the need of the national economic development and customs supervision and control, adjust the statistical items.
Article 7 The description and code of import and export goods shall, in accordance with the Commodity Classification for Customs Statistics of the People’s Republic of China, be classified and recorded.
The quantity of import and export goods shall be recorded in terms of the measurement units specified in the Commodity Classification for Customs Statistics of the People’s Republic of China.
The Commodity Classification for Customs Statistics of the People’s Republic of China shall be published by the General Administration of Customs.
Article 8 The statistical value of import goods shall be recorded in terms of the sum of the value of the goods, the cost of transport, the charges associated with transport of the goods, and the cost of insurance, which are paid before the goods are unloaded at the entering point of the customs territory of the People’s Republic of China.
The statistical value of export goods shall be recorded in terms of the sum of the value of the goods, the cost of transport, the charges associated with transport of the goods, and the cost of insurance, which are paid before the goods are loaded at the leaving point of the customs territory of the People’s Republic of China, from all of which the amount of export duties paid shall be deducted.
Article 9 For import goods, the countries (regions) of their origin, countries (regions) of their consignment and domestic locations of their importers shall be recorded respectively.
For export goods, the countries (regions) of their final destination, countries (regions) of their consignment and domestic locations of their exporters shall be recorded respectively.
Article 10 The trading enterprises of import and export goods shall be recorded in terms of the legal persons, other organizations or individuals that register with the customs and engage in imports and exports.
Article 11 The customs regime for import and export goods shall, according to the requirements of customs supervision and control, be classified and recorded.
Article 12 The mode of transport of import and export goods shall be recorded in terms of the inward and outward modes of transport of the goods, including waterway transport, railway transport, road transport, air transport and other modes of transport.
Article 13 The importing date of goods shall be recorded in terms of the date when the goods are released by the customs. The exporting date of goods shall be recorded in terms of the date when customs formalities are completed.
Article 14 The customs that accepts customs declaration shall be responsible for statistics of import and export goods.
Article 15 The data of customs statistics include the original data of customs statistics and the relevant statistical information collected and sorted out on the basis of the original data.
The original data of customs statistics mentioned in the preceding paragraph mean declaration forms for import and export goods and other relevant documents verified by the customs.
Article 16 The General Administration of Customs shall, on a regular basis and free of charge, provide relevant comprehensive statistical data to the relevant departments of the State Council.
The customs directly under the General Administration of Customs shall, on a regular basis and free of charge, provide the relevant comprehensive statistical data to the relevant departments of the people’s government of the province, autonomous region or municipality directly under the Central Government where the customs is located.
Article 17 The customs shall establish a system for regular publication of statistical data and publish information on customs statistics.
The customs may provide statistical services according to the need of the public.
Article 18 The customs statisticians have the obligation to safeguard secrets of the State and commercial secrets that they acquire from the course of recording.
Article 19 Within the period of deposit, the parties have the right to check the original data declared by them for customs statistics and the relevant information. If they have any doubt after the check, the parties may apply to the customs for verification. The customs shall make verification and answer the relevant questions.
Article 20 Where the customs has any doubt about the items that the parties are required by law to declare, it may check with the parties and the parties shall give a reply in a timely manner.
Article 21 Where the parties fail to declare the items that are required by law to be declared, or declare untruthfully, which affects the accuracy of customs statistics, the customs shall order them to make corrections and, if it deems it necessary to impose on them administrative penalties, it shall impose on them penalties in accordance with the Regulations of the People’s Republic of China on Implementing Customs Administrative Penalty.
Article 22 These Regulations shall be effective as of March 1, 2006.