颁布日期:20000110 实施日期:20000110 颁布单位:海关总署
January 10, 2000
Pursuant to the Provisions on the Merger1 and Division of Enterprises with Foreign Investment (WaiJingMaoFaFa [1999] No.395) promulgated2 as of September 23, 1999 by the Ministry3 of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce, relevant issues concerning customs administration are announced as follows:
I. The enterprise established through merger or division, whether as a continuation of the original enterprise or as an independently registered one, shall update its customs registration4 information accordingly, or re-register at the customs with the approval document from relevant government agencies.
II. For specific goods imported with duty exemption5 by the enterprise with foreign investment before the merger or division, and unsettled bonded6 imports, the enterprise established through merger or division, whether as a continuation of the original enterprise(s) or as an independently registered one, shall bear all legal obligations concerning customs supervision7 and regulations.
III. It shall be decided8 by the customs through examination according to relevant prevailing9 regulations whether an enterprise established after the merger or division shall continue to enjoy the preferential treatment of tax reduction or exemption. If the customs decides upon a termination of such preferential treatments, the enterprise shall pay the overdue10 tariff11 and import duties for goods imported previously12 with duty reduction or exemption. For specific goods imported with duty reduction or exemption whose ownership has been transferred to the enterprise with foreign investment that shall continue to enjoy such preferential treatment, the supervision period shall be calculated as of the date of the import.
IV. It shall be decided by the relevant customs bureau through examination according to relevant prevailing regulations whether an enterprise with foreign investment established through merger or division shall continue to have the operation right of bonded business. For unsettled bonded goods imported before the merger or division, the relevant enterprise with foreign investment shall proceed with re-export formalities, or pay the overdue import duties and import tax with valid13 approval documents or licenses14.