Interpretation of the General Administration of Customs, "Customs and laboratory management of People's Republic of China" five adjustment
"People's Republic of China Customs laboratory management practices" (hereinafter referred to as "approach") with the "People's Republic of China Customs import and export goods on the implementation of the provisions of identification tests" as compared to conditions in the laboratory, laboratory time and the effectiveness of identification of the conclusions announced, repeatability Terms such as a greater adjustment.
Laboratory conditions for a more lenient
According to the "measures" in article VIII of the Customs Import and Export of goods attributes, composition, content, quality, specifications can not be identified, tests can be organized.
"Measures" of the General Administration of Customs Department Order No. 46, "People's Republic of China Customs import and export goods on the implementation of the provisions of tests to identify" (hereinafter referred to as "the original provisions") set to make a sample test case of a larger adjustment.
The original provisions of Article V on the conditions of the laboratory as "收发货人import and export goods or his agent to declare the import and export goods of the following circumstances, the Customs can not confirm the identification at the scene and should be identified for testing samples: 1. declare name unclear, incomplete technical information on the impact of the Customs Tariff correctly classified persons; 2. documents or a single failure does not match those goods; 3. suspected false, concealed persons; 4. in accordance with the relevant provisions of the needs identified in other laboratories goods ", the four cases listed in the existence of non-uniform classification criteria, as well as the problem of overlapping content. At the same time, taking into account the reform of customs clearance, Customs decided to direct a large number of samples for testing based on pre-trial suspects under strict surveillance orders made by single-center, on-site inspection is not necessary to pre-sample testing procedures. Therefore, the "approach" does not provide for continuation of the original "site inspection by the Customs and Excise Department is still not sure" as a prerequisite for laboratory sampling. At the same time, the practice led to the subject matter of the customs laboratory sampling more complicated, "measures" cited one way did not take a clear case of samples for testing, but testing the definition of the customs control on the sampling conditions for testing the generality of the provisions.
More specific time frame for testing
Provisions relate to the original time limit of only two tests: one is the eighth article, "Laboratory Center of receipt of the application should be single and goods from the date of the sample, make a technical appraisal on the 15th conclusions"; another is the tenth article, "the parties shall Upon receipt of the notification, the Customs and Excise Department within seven days from the date of the Customs for the formalities, "a whole lot of testing involved in other important issue is not a clear time limit, the procedural principles and too general.
According to Customs the actual situation of testing, from the norms of customs law enforcement, improve efficiency, protect the legitimate rights and interests of the executive relative, the "measures" in Article XIV, Article XV, Article XVII of the Customs Laboratory to make the time limit for the procedure in detail provisions. For example, the clear identification of bookmarks made to identify and publish the conclusions of the time limit for resumption of inspection procedures, so that the "measures" a more complete, more operational.
Identification of the conclusions to be made public
Laboratory identification of the conclusion that an important basis for enforcement relating to the Chief of the relative rights and obligations of people. The original provisions of the Customs and Excise Department has not clearly identified whether the conclusion of the test can be released and how the issue of release. In order to facilitate a timely manner relative administrative and easily identify the conclusions it is aware of the contents of the protection of their legitimate rights and interests, to increase transparency in the work of the Customs Laboratory, the "measures" in Article XV provides that "except in special circumstances, the Customs Laboratory Center should be in the" Certificate of Authenticity, "the issue of meeting on the "Certificate of Authenticity" information portal, through channels such as the Customs and Excise Department announced, "At the same time, further provides that"收发货人or his agent asked for "Certificate of Authenticity" paper, and the Customs and Excise Department should be provided. "
Identification of the conclusions is the basis for enforcement
In recent years, with step-by-step system of the Customs Laboratory to develop and improve the identification of the Customs and Excise Department for testing agencies to be more and more extensive conclusions apply to the customs administration and criminal enforcement, and implementation of the relevant customs become an important basis for law enforcement. In view of this, "approach" in the original provisions of Article IV "Laboratory Center and approved by the customs departments of other tests and concluded that the technical appraisal of the evidence of the customs administrative decision" based on a clear identification of the conclusions of the Customs legal effect, provides that "the conclusion that identification of the basis for enforcement. "
In addition to the practice of the Customs and Excise Department to identify conclusions, but also other agencies to test a number of import and export goods with the test results or identification issued by the conclusion of the case, when the two are inconsistent, the "way to" clear customs and identification of test results and conclusions of the leading exclusive position that "bodies made by other laboratory test results and identification of the conclusions and Customs laboratory tests commissioned by institutions or inconsistencies to the Customs laboratory tests commissioned by institutions or the test results and identification of the conclusions prevail."
The same samples tested only once to apply for resumption of testing repeatability Customs import and export goods and their agents收发货人growing concern, but this is not the original requirement to be clear, a more complex testing procedures have not been provided, the Chief relative Conclusion of the tests did not identify the channels that review is not conducive to the protection of their legitimate rights and interests.
Customs and Excise Department for further improving the laboratory procedures, maintenance of the executive's legitimate rights and interests relative to ensure that the test results and identification of the Customs and Excise Department of the accuracy of the conclusions, "approach" to supplement the rehabilitation of the physical inspection of the contents of and procedures for the import and export of goods and收发货人his agent and sent to the resumption of the customs inspection rights and complex post-mortem inspection procedures defined.
At the same time, in order to avoid abuse of the rights of repeatability, resulting in unnecessary waste of administrative resources, "methods" of repeatability of the exercise of the right to make the necessary restrictions, the provisions of "收发货人or their agents, to send samples of the same customs inspection only can apply for a resumption of inspections. "