WORLD TRADE
ORGANIZATIONG/VAL/N/1/CHN/2
16 June 2003
(03-3141)
Committee on Customs Valuation Original:  English
NOTIFICATIONS UNDER ARTICLE 22 OF THE AGREEMENT ON
IMPLEMENTATION OF ARTICLE VII OF THE GENERAL
AGREEMENT ON TARIFFS AND TRADE 1994
PEOPLE'S REPUBLIC OF CHINA
The following communication, dated 3 June 2003, has been received from the Permanent
Mission of the People's Republic of China.
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Pursuant to Article 22 of the Agreement on Im plementation of Article VII of GATT1994, and
in accordance with the Decision of the Committee on Customs Valuation of 12 May 1995, the
Chinese Mission has the honor to notify the Committee on Customs Valuation of the Customs Law of
the People's Republic of China, which was amended and passed by the Standing Committee of the
National People's Congress on 8 July 2000.  This amended law went into effect on1 January 2001.
The above-mentioned law is authentic in the Chinese language only.  Text of its English
translation is for reference.
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The Articles of the Law relevant to the Agreement on Customs Valuation are reproduced
below.  The full text of the law can be consulted in Room 3128 of the WTO Secretariat. This
notification supplements the previous no tification by China in G/VAL/N/1/CHN/1.
Article 29
Unless specially approved by the Customs, import and export goods shall be released upon
Customs endorsement only after the payment of duties and taxes or the provision of security by theimporter or exporter.
Article 45
Customs are entitled to carry out Customs audit over accounts, accounting vouchers,
declaration documents and other relevant information as well as the import and exports goods of the
enterprises and institutions directly related to import and export within the period of three years from
the date of release of import and export goods or within the period when the bonded goods, goods
relieved or deducted from duties and taxes are subject to Customs control and of three-year thereafter.
The detailed rules shall be laid down by the State Council.
Article 55
The Customs Valuation of import and export goods shall be determined by the Customs on
the basis of the transaction value of the goods.  If the transaction value cannot be ascertained, the
Customs valuation shall be determined by the Customs according to law.G/VAL/N/1/CHN/2
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The Customs Valuation of import goods shall include the value of the goods, cost of
transport, charges associated with transport of the goods and cost of insurance occurred before the
goods are unloaded at the entering point of the territory of the People's Republic of China;  The
Customs Valuation of export goods shall include the value of the goods, cost of transport, charges
associated with transport of the goods and cost of insurance occurred before the goods are loaded atthe leaving point of the territory of People's Re public of China, from which the amount of export
duties shall be deducted.
The Customs Valuation of inward and outward articles shall be determined by the Customs
according to law.
Article 66
In case where the importer or exporter asks the Customs to release the goods before the
determination of goods classification or Customs Valuation, or presentation of effective declaration
documents or completion of other Customs formalities, the Customs shall release the goods against
the securities provided by the importer or export er which is compatible with his legal obligation
according to law.  Securities shall not be required in case as provided by laws and administrative
regulations.
Laws and administrative regulations specially provided for the securities for obligation of
fulfilling Customs formalities shall be abided by first.
The Customs shall not release goods against securities in circumstances where the import or
export goods and inward or outward articles related are subject to national restriction and relevant
license or documents could not be provided, and other circumstances where the laws and
administrative regulations have provided for.
Article 67
Any legal person, other organisation and natural person who is capable of fulfilling Customs
security may be the surety, unless the law otherwise provided.
Article 68
The guarantor may provide security by the following property and rights:
(a) Chinese Yuan (Renminbi) and other convertible currencies;
(b) Draft, cashier's check, check, bond and certificate of deposit;(c) Letter of guarantee issued by the bank and other financial institutions; and
(d) Other property and rights ratified by the Customs according to law.
Article 69
The surety shall assume his obligation within the guaranty period.  The guarantor's
performance of security obligation shall not prevent the guaranteed from fulfilling other Customs
formalities.
Article 80
Any entity and individual shall have the right to accuse and impeach the acts of Customs and
its personnel that violate the laws and disciplines.  The departments receiving the accusations and
impeachment shall investigate in time according to their respective responsibilities by law where theyG/VAL/N/1/CHN/2
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have the right to do so.  The departments receiving the accusations and impeachment and those are
responsible for dealing with this matters shall keep secrecy for libelants and prosecutors.
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