海关行政裁定管理暂行办法_法律英语

海关行政裁定管理暂行办法

文章来源：文章作者：发布时间：2007-06-07 02:39 字体： [大中小]　进入论坛

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海关总署令第92号
颁布日期：20011224 　实施日期：20020101 　颁布单位：海关总署

　　Order [2001] No.92 of the General Administration of Customs

　　The Interim¹ Measures on the Administration of the Administrative² Rulings of Customs, which were adopted after deliberation at the Executive Meeting of the General Administration of Customs on December 7, 2001, are hereby promulgated⁴ and shall come into force on January 1, 2002.

　　Director of the General Administration of Customs: Mo XinSheng

　　December 24, 2001

　　Interim Measures on the Administration of the Administrative Rulings of Customs

　　Article 1 In order to facilitate foreign trade operators to go through the customs procedures, to provide convenience for legal imports and exports and to increase the efficiency of customs clearance⁵, these Measures have been enacted⁶ in accordance with the relevant provisions of the Customs Law of the People's Republic of China.

　　Article 2 Customs administrative rulings shall refer to the decisions with general binding⁷ force on actual import and export activities, which shall be made by the customs office, before the actual import and export of goods, at the request of the foreign trade operators and in accordance with the relevant customs laws, administrative regulations and rules.

　　Administrative rulings shall be made by the General Administration of Customs (hereinafter referred to as the GAC) or the agencies authorized⁸ by the GAC, and shall be uniformly promulgated to the public by the GAC.

　　Administrative rulings shall have the same force as that of the customs regulations.

　　Article 3 These Measures shall apply to the following customs affairs:

　　1) Classification of the import and export commodities;

　　2) Determination of the origins of the import and export goods;

　　3) Application of the measures for prohibiting imports and exports and of the licenses⁹;

　　4) Other customs affairs that the GAC decides these Measures shall apply to.

　　Article 4 Applicants¹¹ for customs administrative rulings shall be the operating entities¹² of import and export goods that have registered with the customs office.

　　The applicants may file applications with the customs office by themselves, or entrust¹³ others to file applications with the customs office.

　　Article 5 Except for special circumstances, the applicant¹⁰ for customs administrative ruling shall file a written application to the GAC or the customs office directly under the GAC 3 months before the goods are to be imported or exported.

　　One application shall include only one customs affair. Where the applicant applies for customs administrative rulings on several customs affairs, it shall file the applications one by one.

　　The applicant may not file applications for administrative ruling on the same customs affair with two or more customs office.

　　Article 6 The applicant shall fill in the application form(see Attachment) for administrative ruling according to the requirements of the customs office, including basically the following elements:

　　1) Basic information about the applicant;

　　2) The matters for which the administrative ruling is applied¹⁴;

　　3) Specific information about the goods for which the administrative ruling is applied for;

　　4) Estimated date of import or export and port of import or export;

　　5) Other information that the customs office regards needed to be explained.

　　Article 7 The applicant shall, according to the requirements of the customs office, provide the materials that can sufficiently¹⁵ explain the applied matters, including the copies of contracts or letters of intent for import or export, pictures, specifications¹⁶ and analysis reports, etc.

　　If the documents attached to the application are in foreign languages, the applicant shall provide the foreign originals and the Chinese translations at the same time.

　　The application form shall bear the seal of the applicant, and a across-page seal shall be put to the application form.

　　Where the applicant entrusts¹⁷ others to apply, the letter of authorization¹⁸ and the identity certification of the agent shall be provided.

　　Article 8 The customs office may require the applicant to provide sample goods if it deems necessary.

　　Article 9 If the materials provided to the customs office by the applicant for the application for administrative ruling involve any commercial secret, the applicant may ask the customs office to keep secret of them. Except that the submission¹⁹ of those materials is required by judicial²⁰ procedures, the customs office shall not reveal them without the consent of the applicant. The applicant shall present the request in wring²¹ to the customs office for keeping secret of the materials provided, and specifically list the contents that need to be kept secret.

　　Article 10 The customs offices directly under the GAC that receive the applications shall make preliminary examinations according to Articles 6, 7 and 8 of these Measures. Those applications meeting the provisions shall be transferred to the GAC or the agencies authorized by the GAC within 3 workdays from the day of acceptance of the application.

　　If the application materials do not conform to the relevant provisions, the customs office shall notify the applicant to supplement or correct them within 10 workdays. If the applicant fails to supplement or correct them within the prescribed period, its application shall be regarded as being withdrawn²².

　　Article 11 The GAC or the authorized agencies shall, within 15 workdays from receiving the application form, examine and decide on whether to accept that application or not, and shall notify the applicant in writing. For those not accepted, the reasons shall be explained.

　　Article 12 In any of the following situations, the customs offices shall not accept the application:

　　1) The application dose not conform to Articles 3, 4 or 5 of these Measures;

　　2) The application is irrelevant²³ to the actual import or export activities;

　　3) The customs office has made effective administrative rulings or other clear provisions on the same customs affairs;

　　4) Other situations that the customs office decides not to accept the application.

　　Article 13 Customs offices may, after accepting the application and before rendering²⁴ the administrative ruling, ask the applicant to supplement relevant materials or sample goods.

　　If the applicant fails to provide valid²⁵ and complete materials or samples within the prescribed period and thus affects the customs office in the rendering of administrative ruling, the customs may terminate the examination.

　　If the applicant voluntarily provides new materials or samples to the customs as supplement, it shall explain the reasons. And the customs shall make examination and decide on whether to adopt them or not.

　　If the customs accepts the supplemented materials, it shall make an examination anew on the basis of the supplemented facts and materials, and the time limit for rendering administrative rulings shall be calculated anew from the day of receiving the supplemented materials of the applicant.

　　Article 14 The applicant may, before the customs office renders an administrative ruling, declare in writing to the customs to withdraw its application.

　　Article 15 The customs office shall, according to the relevant facts and materials and pursuant to the relevant laws, administrative regulations and rules, make examination of and render the administrative ruling on the customs affair applied by the applicant.

　　In the course of examination, the customs office may seek the opinions of applicant and other interested persons.

　　Article 16 The customs office shall render the administrative ruling within 60 days from the day of accepting the application.

　　The administrative ruling rendered by the customs office shall be notified to the applicant in writing and be promulgated to the public.

　　Article 17 The administrative ruling rendered by the customs office shall be uniformly applicable within the customs boundaries of the People's Republic of China.

　　The goods in the same import or export situation shall be governed by the same administrative ruling.

　　The import and export goods that have gone through the relevant procedures for the ruled matter before the ruling takes effect shall not be subject to that ruling.

　　Article 18 If the relevant provisions in the laws, administrative regulations and rules based on which the customs office rendered the administrative ruling have changed, and such change affects the force of the administrative ruling, the original administrative ruling shall be invalidated automatically.

　　The GAC shall periodically promulgate³ the administrative rulings that have been invalidated automatically.

　　Article 19 In any of the following situations, the GAC shall cancel the original administrative ruling:

　　1) The original administrative ruling is wrong;

　　2) The original administrative ruling need to be cancelled because the application documents provided by the applicant are inaccurate²⁶ or incomplete;

　　3) Other situations in which cancellation²⁷ is needed.

　　If the customs office cancels an administrative ruling, it shall notify the original applicant in writing and promulgate the cancellation to the public. The decision to cancel the administrative ruling shall take effect from the day of promulgation²⁸.

　　The administrative rulings that have been canceled by the GAC shall not be retroactive as to the import and export activities that have already occurred.

　　Article 20 If any party to the import and export activities protests the specific administrative act made by the customs office, and raises objection to the administrative ruling on which that specific administrative act is based, it may file an application for examination of the administrative ruling at the same time it applies for reconsideration of the specific administrative act. The customs office of reconsideration shall, after accepting that application for reconsideration, transfer the application for examination of the administrative ruling to the GAC, which shall make the examination and decision.

　　Article 21 The applicant for administrative ruling shall be responsible for the authenticity²⁹ and completeness of the applied matter and the materials provided. Whoever conceals³⁰ the real situations from or provide false materials to the customs office shall bear the corresponding legal liabilities.

　　Article 22 The GAC shall be responsible for the interpretation³¹ of these Measures.

　　Article 23 These Measures shall enter into force on January 1, 2002.

　　Attachment: Application Form for Customs Administration Ruling of the People's Republic of China (format 1,2,3)(omitted)

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收听单词发音

1 interim
adj.暂时的，临时的；n.间歇，过渡期间
参考例句：
The government is taking interim measures to help those in immediate need.政府正在采取临时措施帮助那些有立即需要的人。 It may turn out to be an interim technology.这可能只是个过渡技术。

2 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

3 promulgate
v.宣布；传播；颁布（法令、新法律等）
参考例句：
The king promulgate a decree.国王颁布了一项命令。 The shipping industry promulgated a voluntary code.航运业对自律守则进行了宣传。

4 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

5 clearance
n.净空；许可(证)；清算；清除，清理
参考例句：
There was a clearance of only ten centimetres between the two walls.两堵墙之间只有十厘米的空隙。 The ship sailed as soon as it got clearance. 那艘船一办好离港手续立刻启航了。

6 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。来自英汉文学 - 嘉莉妹妹

7 binding
有约束力的，有效的，应遵守的
参考例句：
The contract was not signed and has no binding force. 合同没有签署因而没有约束力。 Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

8 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

9 licenses
n.执照( license的名词复数 )v.批准，许可，颁发执照( license的第三人称单数 )
参考例句：
Drivers have ten days' grace to renew their licenses. 驾驶员更换执照有10天的宽限期。来自《现代汉英综合大词典》 Jewish firms couldn't get import or export licenses or raw materials. 犹太人的企业得不到进出口许可证或原料。来自辞典例句

10 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

11 applicants
申请人，求职人( applicant的名词复数 )
参考例句：
There were over 500 applicants for the job. 有500多人申请这份工作。 He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。

12 entities
实体对像；实体，独立存在体，实际存在物( entity的名词复数 )
参考例句：
Our newspaper and our printing business form separate corporate entities. 我们的报纸和印刷业形成相对独立的企业实体。 The North American continent is made up of three great structural entities. 北美大陆是由三个构造单元组成的。

13 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

14 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

15 sufficiently
adv.足够地，充分地
参考例句：
It turned out he had not insured the house sufficiently.原来他没有给房屋投足保险。 The new policy was sufficiently elastic to accommodate both views.新政策充分灵活地适用两种观点。

16 specifications
n.规格；载明；详述；（产品等的）说明书；说明书( specification的名词复数 )；详细的计划书；载明；详述
参考例句：
Our work must answer the specifications laid down. 我们的工作应符合所定的规范。来自《简明英汉词典》 This sketch does not conform with the specifications. 图文不符。来自《现代汉英综合大词典》

17 entrusts
v.委托，托付( entrust的第三人称单数 )
参考例句：
It is the bank to which the seller entrusts the documents. 一方是托收银行，是受卖方的委托接收单据的银行。来自互联网 Mr. Thomas entrusts the Bank of Paris to pay money to us. 托马斯先生委托巴黎银行向我们付款。来自互联网

18 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

19 submission
n.服从，投降；温顺，谦虚；提出
参考例句：
The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。 No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

20 judicial
adj.司法的，法庭的，审判的，明断的，公正的
参考例句：
He is a man with a judicial mind.他是个公正的人。 Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

21 wring
n.扭绞；v.拧，绞出，扭
参考例句：
My socks were so wet that I had to wring them.我的袜子很湿，我不得不拧干它们。 I'll wring your neck if you don't behave!你要是不规矩，我就拧断你的脖子。

22 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

23 irrelevant
adj.不恰当的，无关系的，不相干的
参考例句：
That is completely irrelevant to the subject under discussion.这跟讨论的主题完全不相关。 A question about arithmetic is irrelevant in a music lesson.在音乐课上，一个数学的问题是风马牛不相及的。

24 rendering
n.表现，描写
参考例句：
She gave a splendid rendering of Beethoven's piano sonata.她精彩地演奏了贝多芬的钢琴奏鸣曲。 His narrative is a super rendering of dialect speech and idiom.他的叙述是方言和土语最成功的运用。

25 valid
adj.有确实根据的；有效的；正当的，合法的
参考例句：
His claim to own the house is valid.他主张对此屋的所有权有效。 Do you have valid reasons for your absence?你的缺席有正当理由吗？

26 inaccurate
adj.错误的，不正确的，不准确的
参考例句：
The book is both inaccurate and exaggerated.这本书不但不准确，而且夸大其词。 She never knows the right time because her watch is inaccurate.她从来不知道准确的时间因为她的表不准。

27 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

28 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

29 authenticity
n.真实性
参考例句：
There has been some debate over the authenticity of his will. 对于他的遗嘱的真实性一直有争论。 The museum is seeking an expert opinion on the authenticity of the painting. 博物馆在请专家鉴定那幅画的真伪。

30 conceals
v.隐藏，隐瞒，遮住( conceal的第三人称单数 )
参考例句：
He conceals his worries behind a mask of nonchalance. 他装作若无其事，借以掩饰内心的不安。来自《简明英汉词典》 Drunkenness reveals what soberness conceals. 酒醉吐真言。来自《简明英汉词典》

31 interpretation
n.解释，说明，描述；艺术处理
参考例句：
His statement admits of one interpretation only.他的话只有一种解释。 Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

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