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Notice on the Issuance of the Interim Measures for Administration of the Pilot Program of Carrying Out Domestic and Overseas Maintenance Services in the China (Fujian) Pilot Free Trade Zone
2017-08-07

 

Notice on the Issuance of the Interim Measures for Administration of the Pilot Program of Carrying Out Domestic and Overseas Maintenance Services in the China (Fujian) Pilot Free Trade Zone

Min Shangwu Maochan [2015] No. 07

Administrative Committees of Fuzhou, Xiamen and Pingtan Areas of China (Fujian) Pilot Free Trade Zone:

 

The Interim Measures for Administration of the Pilot Program of Domestic and Overseas Carrying Out Maintenance Services in the China (Fujian) Pilot Free Trade Zone are hereby printed and issued for your compliance and implementation.

 

 

 

                      Department of Commerce of Fujian Province

Fujian Provincial Commission of Economy and Information Technology

Fuzhou Customs District People’s Republic of China

Xiamen Customs District People’s Republic of China

Fujian Entry-Exit Inspection and Quarantine Bureau of P.R.C

Xiamen Entry-Exit Inspection and Quarantine Bureau

March 3rd, 2015

 

 

 

 

Attachment

Interim Measures for Administration of the Pilot Program of Carrying Out Domestic and Overseas Maintenance Services in the China (Fujian) Pilot Free Trade Zone


  I. Service Definition

(1) In these Interim Measures, Maintenance Service(s) refers to the business activities of conducting testing and maintenance on the domestic and overseas goods, which are partially damaged or defective, or lose partial functionality, within the China (Fujian) Pilot Free Trade Zone (hereinafter referred to as “FTZ”). Maintenance Good(s) refers to maintained goods, goods under maintenance, materials and parts for maintenance use, wastes and leftover materials generating from maintenance.
  

II. Enterprises Access 

(2) Each regional administrative committee of the FTZ shall be fully responsible for the administration of the domestic and overseas maintenance services within its jurisdiction. In approving projects, it shall adhere to the principle of “High-tech, High Value-added and Controllable Pollution” in the premise of strictly implementing relevant import and export policies and effectively controlling environmental risks.   
 

(3) Enterprises providing domestic and overseas maintenance services must be independent corporate enterprises registered in each area of the FTZ, have registered with the administrative department for industry and commerce and obtained a business license, have business premises for providing corresponding services, a high degree of integrity and a sound management system, and have met the administration conditions prescribed by the customs bureau, entry-exit inspection and quarantine bureau, environment protection bureau and other relevant departments.  

 

III. Customs Supervision

(4) The Customs shall handle relevant procedures of maintenance services for each area in accordance to the review opinions issued by each regional administrative committee of the FTZ.
  

(5) The maintenance goods which enter the FTZ from abroad and leave China after maintenance shall be subject to bonded supervision, and the consumed bonded materials and parts shall be verified when these maintenance goods leave China after maintenance. With respect to the maintenance goods which enter the areas under the Customs’ special supervision from any other place in China and leave these areas after maintenance, the Customs shall assess the dutiable value of these maintained goods in accordance with the cost of the consumed materials and parts and the maintenance charges (including testing fees).
  

(6) The wastes and leftover materials generating from the maintenance goods, which enter the areas under the Customs’s special supervision from abroad, shall be transported out of China and sent back to where they came from in principle; and if it is impossible to do so, they shall be dealt with in accordance with the Notice of the General Administration of Customs, the Ministry of Environmental Protection, the Ministry of Commerce and the General Administration of Quality Supervision, Inspection and Quarantine on Issues Concerning the Disposal of Leftover Materials, Waste and Defective Products Generated in Export Processing Zones Outside Such Zones (GAC [2009] No. 172). If the wastes and leftover materials are solid, they shall be dealt with in accordance with the Measures for Administration of the Import of Solid Wastes (No.12 Order of Ministry of Environmental Protection, Ministry of Commerce, National Development and Reform Commission, General Administration of Customs, General Administration of Quality Supervision, Inspection and Quarantine). (The list of enterprises with waste disposal qualification shall be announced by the provincial and municipal environmental protection authorities.)
  

(7) The wastes generating from the maintenance goods, which enter the areas under the Customs’ special supervision from any other place in China, shall be transported out of these special areas and sent back to where they came from without being taxed; and the leftover materials that these maintenance goods cause in the maintenance shall be dealt with in accordance with the GAC [2009] No. 172. If the aforesaid wastes and leftover materials are solid, they shall be dealt with in accordance with the Measures for Administration of the Import of Solid Wastes (No.12 Order of Ministry of Environmental Protection, Ministry of Commerce, National Development and Reform Commission, General Administration of Customs, General Administration of Quality Supervision, Inspection and Quarantine).
  

(8) The maintenance goods (including the goods that cannot be maintained), which enter the areas under the Customs’ special supervision from abroad (or any other place in China outside the Customs’ special supervision areas), shall be transported out of China (or the Customs’ special supervision areas) and sent back to where they came from within a certain period specified by the Customs; and with respect to the maintenance goods entering the areas under the Customs’ special supervision from abroad, which, after maintenance, need to be imported and cannot be transported out of China and sent back to where they came from, the Customs shall supervise such goods according to relevant provisions on imported goods.

 

(9) The maintenance services, which are carried out outside the areas under the Customs’ special supervision but within the FTZ, shall be inspected and supervised by the Customs in accordance with relevant provisions concerning maintenance goods.

  

IV. Inspection and Quarantine

(10) All maintenance goods entering the FTZ from abroad shall be inspected and supervised by the inspection and quarantine authorities in accordance with the rules for administration of the imported used mechanical and electrical products.
  

(11) With respect to the enterprises providing maintenance services in each area of the FTZ for goods entering the FTZ from abroad, the inspection and quarantine authorities shall adopt the inspection and supervision model of “lot testing + periodic supervision”. That’s to say, the used mechanical and electrical goods that meet certain conditions and enter China for maintenance use from abroad may be exempted from pre-shipment inspection overseas; and the inspection and quarantine authorities replace the batch inspection with lot testing and periodic supervision to exercise inspection and supervision over the used mechanical and electrical goods entering China for maintenance use from abroad.
  

(12) The maintenance goods, which enter the FTZ from any other place in China and are not transported out of China from each area of the FTZ, are not subject to inspection and supervision.
  
  V. Others

(13)The Customs, inspection and quarantine authorities and other relevant departments shall exercise interim and ex-post inspection and supervision over the domestic and overseas maintenance services carried out in each area of the FTZ in accordance with relevant provisions.

 (14) These Interim Measures shall come into implementation after the Overall Plan of the China (Fujian) Pilot Free Trade Zone is approved by the State Council and remain effective for one year. The detailed implementation rules shall be subject to the specific administrative measures issued by the relevant functional departments.

 

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