The inspection of companies doing overseas import and export will deal with the customs. It should be understood that the customs will not release all goods. Some goods that do not meet the specifications or have not been reported will be detained. Let’s learn about relevant legal knowledge. .
01Why is your cargo detained?
Because the detained goods are suspected of illegal or smuggling.
According to Article 38 of the "Regulations of the People's Republic of China on the Implementation of Customs Administrative Punishment", the customs may detain the following goods, articles, means of transport and related account books, documents and other materials according to law:
(1) Goods, articles and means of transport suspected of being smuggled;
(2) Goods, articles and means of transport that violate the Customs Law or other relevant laws and administrative regulations;
(3) Materials related to goods, articles, means of transport, and relevant account books and documents that violate the Customs Law or other relevant laws and administrative regulations.
02How long will the goods be detained?
In general, it will not exceed one year, at most two years.
According to Article 40 of the "Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China", the period for customs to detain goods, articles, means of transport, account books, documents and other materials shall not exceed one year. Due to the needs of the investigation of the case, it may be extended with the approval of the head of the directly subordinate customs or the head of the subordinate customs authorized by him, and the extension period shall not exceed one year. However, the reconsideration and litigation periods are not included.
(Note: Article 25 of the "Administrative Compulsion Law of the People's Republic of China" stipulates that the time limit for sealing up and detaining shall not exceed 30 days; if the situation is complicated, it may be extended with the approval of the person in charge of the administrative organ, but the time limit for extension shall not exceed 30 days Unless otherwise stipulated by laws and administrative regulations. The "Regulations on the Implementation of Customs Administrative Punishment of the People's Republic of China" belongs to the above-mentioned administrative regulations otherwise stipulated, so the detention time shall prevail)
03What is the whereabouts of the goods detained by the customs?
(1) Release of detention
If the suspicion of violating the law has been ruled out or the customs administrative penalty decision has been fulfilled, the goods will be released from detention and returned in time.
According to Article 41 of the "Regulations of the People's Republic of China on the Implementation of Customs Administrative Punishment", in any of the following circumstances, the customs shall promptly release the detention:
(1) Where suspicion of violation of the law is ruled out;
(2) The detention period or extension period has expired;
(3) Has fulfilled the customs administrative penalty decision;
(4) Other circumstances under which the detention shall be lifted as stipulated by laws and administrative regulations.
(2) Sell first
If the detained goods are dangerous goods or goods that are not suitable for long-term storage, such as fresh, perishable, or invalid, they will choose whether to sell them first depending on the situation. The proceeds from the sale will be kept by the customs and the owner will be notified. The price is equivalent to the goods, and if the suspicion of violation is ruled out, the price will be returned to the owner.
According to Article 47 of the "Regulations on the Implementation of Customs Administrative Penalties of the People's Republic of China", the goods, articles, and means of transport detained by the customs in accordance with the law shall not be disposed of until the people's court makes a judgment or the customs penalty decision is made. However, dangerous goods or fresh, perishable, and easily invalidated goods and articles that are not suitable for long-term storage, as well as goods, articles, and means of transportation for which the owner applies for sale in advance, shall be subject to the approval of the head of the directly subordinate customs or the head of the subordinate customs authorized by him. It can be sold first in accordance with the law, and the proceeds from the sale will be kept by the customs and the owner will be notified.
(3) Offset
Those who fail to comply with the penalty decision of the customs within the time limit and do not apply for reconsideration or bring a lawsuit to the people's court can change the value of the detained goods according to law to offset the payment.
According to Article 93 of the "Customs Law of the People's Republic of China", if the party fails to perform the penalty decision of the customs within the time limit and does not apply for reconsideration or bring a lawsuit to the people's court, the customs that made the penalty decision may offset the security deposit or detain it. If the value of goods, articles, and means of transportation is changed in accordance with the law, it may also be applied to the people's court for enforcement.
(4) confiscated
Confiscation is a processing measure, and the confiscated items will not be returned to the parties concerned.
According to Article 62 of the "Regulations of the People's Republic of China on the Implementation of Customs Administrative Punishment", under any of the following circumstances, the relevant goods, articles, illegal gains, means of transportation, and special equipment shall be confiscated by the customs:
(1) According to Articles 25 and 26 of the "Law of the People's Republic of China on Administrative Punishment", the parties who are not subject to administrative punishment carry or post items that are prohibited by the state from entering or leaving the country;
(2) Distributed mailing of articles prohibited or restricted by the state into or out of the country, or carrying sporadic quantities of articles prohibited by the state into or out of the country, for which no administrative punishment may be imposed according to law;
(3) For the goods, articles, illegal gains, means of transport, and special equipment that should be confiscated according to law, before the customs makes an administrative penalty decision, the natural person who is the party concerned dies or the legal person or other organization that is the party concerned is terminated, and there is no successor of rights and obligations ;
(4) The facts of the illegal smuggling are basically clear, but the party involved cannot find out, and three months have elapsed since the date of the customs announcement;
(5) There are other circumstances that violate laws and administrative regulations and should be confiscated.
(5) confiscated
Confiscation is a punishment measure, and the confiscated goods will not be returned to the parties concerned, and all proceeds from the disposal will be turned over to the central treasury.
According to Article 63 of the Regulations of the People's Republic of China on the Implementation of Customs Administrative Penalties, the smuggled goods, articles, illegal gains, smuggled means of transport, and special equipment confiscated by the people's court or by the customs shall be dealt with uniformly by the customs in accordance with the law. All the fines imposed by the Customs shall be turned over to the central treasury.
But there is one thing to pay attention to!
When the customs releases the detention of goods and articles, it is likely that the quantity of goods and articles released may be different from the original quantity. Because if the case investigation requires commodity identification, there will be a loss of sampling.
According to Article 45 of the "Regulations of the People's Republic of China on the Implementation of Customs Administrative Punishment", according to the needs of case investigation, the customs may sample relevant goods and articles for testing and identification. When the Customs takes samples, the party concerned or his agent shall be present; if the party or his agent is not present, the Customs shall invite witnesses to be present. The customs shall seal the extracted samples and sign or seal them after confirmation by the customs staff and the parties concerned or their agents and witnesses. Laboratory testing and identification shall be carried out by customs laboratory testing and identification agencies or entrusted to other agencies recognized by the state. After the assayer or appraiser conducts the assay or appraisal, they shall issue the assay report and appraisal conclusion with their signature or seal.
Through this article, you should have a general understanding of why the goods were detained, right? I hope this article is helpful to everyone. If you want to know more information, you can contact us.
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