constitutes smuggling, or any violation of the customs surveillance provisions, or any other violation of the Customs Law, it shall be disposed by the customhouse under the Customs Law and the Regulations of the People's Republic of China on Implementing the Customs Administrative Punishment. Where any crime is constituted, it shall be investigated for criminal liabilities.

Article 36 Where any goods temporarily imported from outside the territory of China are conveyed into any bonded area, export processing area or any other special customs surveillance area or bonded surveillance area, they shall not be deemed as re-exportation.

Article 37 The present Measures shall not apply to the importation or exportation of containers to carry goods under the surveillance of the customs, and the importation or exportation of goods leased.

The present Measures shall not be applicable to the temporary importation or exportation of articles of foreign institutions stationed in China or of personnel that enjoy diplomatic privileges and immunities.

Article 38 Any article temporarily imported or exported that is in excess of the reasonable quantity for self-use shall be surveilled by referring to the present Measures.

Article 39 An ATA carnet holder, consignee or consignor of goods temporarily imported or exported under any non-ATA carnet, organizer of an exhibition, or exhibitor of an exhibition may entrust an agent to go through the relevant customs formalities. The agent shall be required to submit an authorization as issued by the entrusting party to the customhouse if so.

Article 40 Definitions of the relevant terms referred to in the present Measures:

Exhibitions, fairs, conferences and similar events mean:

(1) Trade, industrial, agricultural, arts and crafts exhibitions, as well as fairs and expositions;

(2) Exhibitions or conferences that are organized for the purpose of charity;

(3) Exhibitions or conferences that are organized in order to promote scientific and technological, educational, cultural or sports exchange activities, or develop activities of tourism or people-to-people friendship;

(4) Conferences of the representatives of international organizations or international groups; and

(5) Memorial conferences of representatives as organized by governments.

Non-public exhibitions that are organized at stores or other business places for the purpose of selling foreign goods are not within the category of exhibitions, fairs, conferences or similar events referred to in the present Measures.

The exhibits are:

(1) Goods displaying at exhibitions;

(2) Goods used in demonstrating the machines or devices to be displayed at exhibitions;

(3) Architecture materials and decoration materials for arranging temporary booths; and

(4) Films, slides, video tapes, recording tapes, instructions, advertisements, CDs and display equipment for advertising goods to be displayed; and

(5) Other goods to be used for displaying at exhibitions.

The local competent customhouse means the customhouse at the locality where an exhibition, fair, conference or similar event within the territory of China is organized or the customhouse at the locality where the goods enter or exit China.

Article 41 The time limits for the customhouses to implement customs administrative licensing as prescribed in the present Measures shall be calculated by workdays, excluding legal holidays.

Article 42 The present Measures shall be subject to interpretation by the General Administration of Customs.

Article 43 The present Measures shall come into force as of May 1, 2007. The Measures of the Customs of People's Republic of China on the Surveillance of Exported Exhibits promulgated on September 20, 1976, the Measures of the Customs of the People's Republic of China on the Surveillance of Goods Temporarily Imported promulgated by the General Administration of Customs on September 3, 1986, the Measures of the Customs of the People's Republic of China on the Surveillance of Imported Exhibits promulgated by Order No.59 of the General Administration of Customs on February 14, 1997 and the Measures of the Customs of the People's Republic of China on the Surveillance of Goods Imported or Exported Under ATA Carnets promulgated by Order No.93 of the General Administration of Customs on December 24, 2001 shall be annulled as of the same date.

Attachments:

I. Application Form for the Temporary Importation or Exportation of Goods (omitted)

II. Decision of the Customs of the People's Republic of China on Approval of Application for the Temporary Importation/Exportation of Goods (omitted)

III. Decision of the Customs of the People's Republic of China on Disapproval of Application for the Temporary Importation/Exportation of Goods (omitted)

IV. Application for Extension of the Time Limit for the Goods Temporarily Imported/Exported (omitted)

V. Decision of the Customs of the People's Republic of China on Approval of Application for Extension of Time Limit for Goods Temporarily Imported/Exported (omitted)

VI. Decision of the Customs of the People's Republic of China on Disapproval of Application for Extension of Time Limit for Goods Temporarily Imported/Exported (omitted)

VII. ATA Carnet Recourse Circular (omitted)

VIII. ATA Carnet Verification and Write-Off Circular (omitted)

IX. ATA Carnet Advance Payment Circular (omitted)

(Source: www.fdi.gov.cn)