Order No. 254 of the General Administration of Customs (Order concerning the Promulgation of the Administrative Measures of the Customs of the People’s Republic of China on Exporters Approved)

Measures for the Administration of Exporters approved by the Customs of the People’s Republic of China

(Promulgated by Order No. 254 of the General Administration of Customs on November 23, 2021 and effective as of January 1, 2022)

        I   In order to effectively implement the management system for approved exporters under preferential trade agreements concluded or acceded to by the People’s Republic of China, standardize the management of the origin of export goods and promote foreign trade, According to the government of the People’s Republic of China and the government of Iceland free trade agreement of the People’s Republic of China and the Swiss federal free trade agreement “the government of the People’s Republic of China and the government of the republic of Mauritius free trade agreement, such as the regional comprehensive economic partnership agreement preferential trade agreements (hereinafter generally referred to as the” relevant preferential trade agreements “) the provisions of these measures.

        II   The term “approved exporter” as mentioned in these Measures refers to an enterprise recognized by the customs according to law and authorized to issue a declaration of origin for the goods exported or produced by the enterprise that have the qualification of origin under the relevant preferential trade agreements.

        III   The Customs shall exercise control over the approved exporters in accordance with the principle of good faith, law-abiding and convenience.

        The Customs has established an information system for the management of approved exporters to improve the facilitation level of the management of approved exporters.

        IV   The approved exporter shall meet the following conditions:

        (I)Advanced customs certification enterprise;

        (II)Master the rules of origin under relevant preferential trade agreements;

        (III)Establish a complete management system of original qualification documents.

        V   Where an enterprise applies to become an approved exporter, it shall submit a written application to the customs directly under it in the place of its residence (hereinafter referred to as the competent Customs). The written application shall contain the following contents:

        (I)Where an enterprise applies to become an approved exporter, it shall submit a written application to the customs directly under it in the place of its residence (hereinafter referred to as the competent Customs). The written application shall contain the following contents:

        (II)Chinese and English names, specifications and models, HS codes, applicable preferential trade agreements and specific origin standards of the main export goods of the enterprise, and the composition of all materials and parts used in the goods;

        (III)Master the statement of commitment on rules of origin under relevant preferential trade agreements;

        (IV)Statement of commitment to establish a complete management system of goods origin qualification documents;

        (V)Stamp impression to be affixed to declaration of origin.

        If the application materials involve trade secrets, it shall, at the time of application, request the competent Customs in writing to keep secrets and specify the contents to be kept secret. The Customs shall undertake the confidentiality obligation in accordance with relevant state provisions.

        VI   The competent Customs shall examine and make a decision within 30 days from the date of receipt of the application materials.

        The competent customs shall make and issue an approval letter for the approved exporter and give the number of the approved exporter to those who meet the requirements of the approved exporter after examination. If the conditions of an approved exporter are not met, the competent customs shall make and issue a written decision not to recognize an approved exporter.

        The decision of the approved exporter shall be served on the applicant and shall take effect as of the date of service.

        VII   The validity period of the approved exporter is 3 years.

        The approved exporter may apply in writing to the competent Customs for renewal within 3 months prior to the expiration of the validity period. Each renewal is valid for 3 years.

        VIII   Pursuant to the preferential trade agreements concluded or acceded to by the People’s Republic of China and related agreements, the General Administration of Customs shall exchange the following approved exporter information with other contracting Parties under the preferential trade Agreements (hereinafter referred to as the Other Contracting Parties) :

        (I)Approved exporter number;

        (II)The name of the approved exporter in Both Chinese and English;

        (III)Approved exporter’s Address in Chinese and English;

        (IV)Effective date and expiry date as determined by the approved exporter;

        (V)Other information required to be exchanged under relevant preferential trade agreements.

        After the General Administration of Customs has completed information exchange with other Contracting Parties in accordance with the provisions of the preceding paragraph, the competent Customs shall notify the approved exporter that it may issue a declaration of origin in accordance with articles 9 and 10 of these Measures.

       IX   Before issuing a declaration of origin for the goods exported or produced, the approved exporter shall submit to the competent Customs information such as the Chinese and English names of the goods, the six-digit harmonized Commodity Names and Codes, and the applicable preferential trade agreements.

        If the Chinese and English names of the relevant goods, the 6-digit codes of the Harmonized Commodity Names and Codes, and applicable preferential trade agreements are the same as the information already submitted, there is no need to submit them again.

        X   The approved exporter shall issue the declaration of origin through the customs Approved Exporter management information system, and shall be responsible for the authenticity and accuracy of the declaration of origin issued by the approved exporter.

        The declaration of origin issued by an approved exporter in accordance with these Measures may be used to apply to other Contracting Parties for preferential treatment under the relevant preferential trade agreement.

        XI   The approved exporter shall, within three years from the date of issuance of the declaration of origin, keep all the documents supporting the origin qualification of the goods. Relevant documents can be stored in electronic or paper form.

        If an approved exporter is not a producer of export goods, it shall, before issuing a declaration of origin, require the producer to provide documents that can prove the qualification of the goods of origin and keep them in accordance with the requirements of the preceding paragraph.

        XII   The customs may inspect the declaration of origin issued by the approved exporter and its related goods, the management system of the origin qualification documents and its implementation, etc. The approved exporter shall cooperate with the inspection.

        Where the competent departments of other contracting parties, in accordance with the relevant preferential trade agreements, make requests for the verification of the declaration of origin issued by the approved exporters and related goods, the General Administration of Customs shall organize the implementation of the requests in a unified manner.

        The approved exporter shall forward to the competent Customs any request it receives from the competent authorities of other Contracting Parties for verification of the declaration of origin and related goods.

        XIII   If the information of the approved exporter or the goods has changed, the approved exporter shall not issue a declaration of origin before making the change.

        XIV   Under any of the following circumstances, the competent Customs may cancel the recognition of the approved exporter and notify the enterprise in writing:

        (I)Where the approved exporter applies for cancellation;

        (II)The approved exporter no longer meets the enterprise credit rating prescribed by the General Administration of Customs;

        (III)The approved exporter fails to apply to the competent customs for renewal upon expiration of its term of validity.

        The cancellation decision shall take effect on the date it is made.

        XV   Under any of the following circumstances, the competent Customs may revoke the recognition of the approved exporter and notify the enterprise in writing:

        (I)Providing false materials to defraud the approved exporter for identification;

        (II)Forging or buying or selling the declaration of origin;

        (III)The approved exporter fails to forward the request for verification in accordance with Article 12 of these Measures, and the circumstances are serious;

        (IV)The declaration of origin issued by the approved exporter does not conform to the provisions of the General Administration of Customs, and the accumulative quantity of the declaration of origin issued by the approved exporter within one year exceeds 1% of the total number of the declaration of origin issued by the previous year, and the accumulative value of goods involved exceeds RMB 1 million yuan.

        The revocation decision shall become effective on the date it is made, but the revocation of the recognition approved by the exporter in accordance with paragraph 1 (1) of this Article shall be invalid from the beginning.

        If an enterprise is revoked by the customs as an approved exporter, it shall not apply for the approval of exporter within 2 years as of the date of cancellation

        XVI   Whoever provides false materials to defraud the approved exporter for recognition, or forges or buys or sells the declaration of origin shall be given a warning by the competent customs and may be imposed a fine of not more than Ten thousand yuan.

        XVII   The customs shall exercise credit control over the approved exporters in accordance with law.

        XVIII   These Measures shall apply to the administration of exporters approved under other preferential trade agreements concluded or participated in by the People’s Republic of China.

        XIX   The General Administration of Customs shall be responsible for the interpretation of these Measures.

        XX   These measures shall come into force as of January 1, 2022.

        Download link of regulation text:

        Measures for the Administration of Exporters approved by the Customs of the People’s Republic of China.doc

        Measures for the Administration of Exporters approved by the Customs of the People’s Republic of China.pdf

Article source:General Administration of Customs, PRC

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Fujian Quanzhiu Zhongtai IMP. AND EXP. CO., LTD. » Order No. 254 of the General Administration of Customs (Order concerning the Promulgation of the Administrative Measures of the Customs of the People’s Republic of China on Exporters Approved)

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