Measures of China Customs for the Classified Management of Enterprises Ⅲ

Chapter III Application and Adjustment of Management Categories

Article 17 An enterprise, which accords with Article 6 （1） and （2） or Article 12 （1） and （2） of these Measures, may file an application for the management category of AA with the Customs directly under the General Administration of Customs via the Customs at the place of its registration, and simultaneously submit the following documents:

（1） A Written Application for the Management Category of AA;

（2） A Report on Business Management Status; and

（3） An Audit report issued by an accounting firm for the previous year.

Article 18 An enterprise, which accords with Article 7 or 13 of these Measures, may file an application for the management category of A with the Customs directly under the General Administration of Customs via the Customs at the place of its registration, and simultaneously submit the following documents:

（1） A Written Application for the Management Category of A; and

（2） A Report on Business Management Status.

Article 19 After acceptance of an application for the management category of AA or A as filed by an enterprise, in case the documents submitted by the enterprise are complete and in statutory forms upon examination, the Customs at the place of registration shall make a Written Decision on Acceptance of the Application for the Classified Management of Enterprises on the spot and report it to the Customs directly under the General Administration of Customs for examination and approval.

The Customs directly under the General Administration of Customs shall make a decision on approval or disapproval of the application within six months after acceptance for an application for the management category of AA.

The Customs directly under the General Administration of Customs shall make a decision on approval or disapproval of the application within three months after acceptance for an application for the management category of A.

Article 20 Where an enterprise applying for the management category of AA or A is under any of the following circumstances, the Customs directly under the General Administration of Customs shall return its application and make a decision on disapproval of it:

（1） Failing to satisfy the requirements as prescribed in these Measures at the time of application;

（2） Failing to satisfy the requirements as prescribed in these Measures during the period of examination; or

（3） Being suspected of smuggling or violating the provisions on customs supervision and control during the period of examination, or being under criminal investigation or investigation due to the infringement on intellectual property rights……

Article 21 Where an enterprise in the management category of C has not committed any act prescribed in Article 8 or 14 of these Measures for one year since the Customs made the decision on adjustment of its management category, the Customs may adjust its management category into B upon application of the enterprise.

Where an enterprise in the management category of D has not committed any act prescribed in Article 9 or 15 of these Measures for one year since the Customs made the decision on adjustment of its management category, the Customs may adjust its management category into C upon application of the enterprise.

Article 22 Where an enterprise in the management category of C or D applies for adjustment into the management category of B or C, it shall submit a Written Application for Adjustment of the Management Categories of Enterprises to the Customs directly under the General Administration of Customs via the Customs at the place of its registration. In case the documents submitted by the enterprise are complete and in statutory forms upon examination, the Customs at the place of registration shall make a Written Decision on Acceptance of the Application for the Classified Management of Enterprises on the spot and report it to the Customs directly under the General Administration of Customs for examination and approval.

The Customs directly under the General Administration of Customs shall make a decision on approval or disapproval of the application within one month after acceptance.

Article 23 Where an enterprise is under any of the following circumstances and shall be degraded, the Customs shall, after discovery of the circumstance, make a new decision on the management category for the enterprise according to the provisions of Chapter II of these Measures:

（1） An enterprise in the management category of AA or A fails to meet relevant requirements for the original management category;

（2） An enterprise in the management category of B is under any of the circumstances for the management category of C or D; or

（3） An enterprise in the management category of C is under any of the circumstances for the management category of D.

Article 24 Where a decision is made by the Customs directly under the General Administration of Customs to or not to adjust the management category of an enterprise, the Customs at the place of registration shall serve the relevant decision on the enterprise within ten workdays after the decision is made.

As of the day when an adjustment decision is made, the Customs shall implement corresponding management measures over the enterprise in light of the adjusted management category.

Article 25 Where an enterprise in the management category of AA or A is suspected of smuggling and is being placed on file for criminal investigation or investigation, the Customs shall suspend corresponding management measures for its management category; and the enterprise shall be subject to the management measures for enterprises in the category of B during the period of the foresaid suspension.