To facilitate the customs clearance of inbound and outbound luggage and articles and further enhance the efficiency of customs supervision, GACC has integrated and revised six regulations, including the Administrative Measures of the Customs of the People's Republic of China for the Supervision of Inbound and Outbound Passengers' Luggage and Articles, the Regulations of the Customs of the People's Republic of China on the Administration of Transit Passengers' Luggage and Articles, the Regulations of the Customs of the People's Republic of China on the Administration of Travel-Use Articles for Inbound and Outbound Passengers, the Regulations of the Customs of the People's Republic of China on the Clearance of Inbound and Outbound Passengers, the Regulations of the Customs of the People's Republic of China on the Administration of Inbound and Outbound Luggage and Articles for Chinese Nationals, and the Administrative Measures for the Quarantine of Articles Carried by Inbound and Outbound Personnel.
On February 17, 2025, GACC issued the "Measures of the Customs of the People's Republic of China for Supervision over Inbound and Outbound Luggage and Articles"(Order No. 276 of GACC, hereinafter referred to as the 'Measures'), which will take effect on April 1, 2025. To ensure that administrative counterparts and the general public fully comprehend and accurately grasp the background and key points of this regulatory revision, the following interpretations are provided:
I. Background and Objectives of the Revision
The six regulations, including "Administrative Measures of the Customs of the People's Republic of China for the Supervision of Inbound and Outbound Passengers' Luggage and Articles", serving as critical frameworks for customs supervision over inbound and outbound luggage and articles, have significantly contributed to protecting the legal rights of inbound and outbound passengers, ensuring lawful customs supervision, and enhancing the efficiency of port clearance since their enactment. With the enactment of the "Tariff Law of the People's Republic of China","Measures for Collection of Customs Duties, Value-added Tax and Consumption Tax on Entry Articles", the stipulations in the six regulations concerning the duty-free thresholds, quotas, and quantity limits on inbound goods no longer align with the provisions of the superior legislation. Additionally, given that the six regulations were established quite some time ago, their relevant provisions are somewhat fragmented and outdated, failing to meet the demands of high-quality development and the need for facilitating cross-border personnel movement, thus necessitating urgent revisions.
II. Principal Issues Requiring Clarification
Revise management measures and classification criteria in compliance with the "Tariff Law of the People's Republic of China" and the "Frontier Health and Quarantine Law of the People's Republic of China".
In accordance with the "Tariff Law of the People's Republic of China, Value-added Tax and Consumption Tax on Entry Articles" and the "Measures for Collection of Customs Duties, Value-added Tax and Consumption Tax on Entry Articles", the duty-free threshold for inbound articles is now determined by the State Council. As a result, the Measures have removed provisions related to duty-free thresholds from the six regulations, as well as the "Classification Table for Passengers’ Inbound and Outbound Luggage and Articles" and the "Quantity Limits Table for Articles Brought in by Chinese Nationals". Additionally, a guiding clause (Article 19) for the levy of duties on inbound articles has been introduced. The classification criteria and associated special regulations for "passengers' personal travel-use articles"(such as cameras, portable radios, compact video cameras, handheld camcorders, and portable word processors), resettlement goods, and articles brought in by Chinese passengers, which are no longer aligned with the current economic development level and regulatory practices, have been abolished. These items will now be managed under the general regulations for inbound and outbound luggage. Pursuant to the newly revised "Frontier Health and Quarantine Law of the People's Republic of China", the term "special articles" has been revised to "articles pertaining to public health safety, including blood and other human tissues, pathogenic microorganisms, and biological products"(Articles 9, 10, etc.).
(II) Rational Delineation of the Scope of Application.
The Measures have broadened the scope of application from "inbound and outbound passengers" to "inbound and outbound individuals," encompassing the crew of inbound and outbound transportation vehicles, thereby addressing legislative lacunae (Article 4, etc.); Given the unique management requirements for the inbound and outbound luggage of specific individuals such as long-term non-resident travelers (including permanent residents), foreign mountaineering groups and individuals, high-level returned overseas scholars, and foreign scientific and technical experts working in China, it is explicitly mandated that supervision be conducted in accordance with pertinent regulations (Article 34).
(III) Methodical Consolidation of Supervision Requirements.
The Measures incorporate the "Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine" and the "Frontier Health and Quarantine Law of the People's Republic of China" into the legislative framework, with "maintaining national security" added as a legislative objective (Article 1). It comprehensively reviews provisions related to written declaration requirements across six regulations, detailing specific items for entry and exit declarations in a manner that balances public understanding with supervision practicality (Articles 9 and 10). The Measures standardize inspection procedures (Chapter III) and scientifically organize disposal methods, including taxation, detention, quarantine treatment, temporary storage, return, abandonment, auction, sale, and destruction (Chapter IV). Provisions on quarantine treatment in the fields of entry and exit health and animal and plant quarantine are categorized into five scenarios (Article 22). The Measures also consolidate the conditions for return, auction, sale, and destruction across six regulations, clarifying the sequence of these disposal methods (Articles 25 to 27).
(IV) Clarify the Requirements for Declaration and Disposal Procedures.
Clarify the declaration nature of the "red and green channels" in strict accordance with "The Customs Law of the People's Republic of China" and international general rules on the declaration of inbound and outbound luggage and articles (Article 12); Given the high incidence of law enforcement disputes, the Measures specified that the declaration location should be designated places such as the declaration counter (Article 8); The written declaration must be completed before customs inspection measures are taken, and the corresponding legal consequences are clarified (Article 11); The applicable scope and duration of detention are defined in strict accordance with the "Implementation Regulations of the Law of the People's Republic of China on Entry-Exit Animal and Plant Quarantine"(Article 21); The temporary storage disposal mode is retained, considering both the practical needs of customs enforcement and public convenience (Articles 23 and 24).
(V) Consolidate Well-established Practices.
The scope of services entrusted by inbound and outbound personnel has been revised from customs declaration and tax payment procedures to entry and exit formalities (Article 4); For items prone to damage or posing personal injury risks during inspection, it is emphasized that the carrier must proactively declare them prior to inspection (Article 15); A new requirement is introduced that non-inbound and outbound personnel are prohibited from carrying entry and exit items or duty-free goods when accessing customs supervision operational sites (Paragraph 2 of Article 32).
(VI) Support the Development of Smart Customs.
New regulations on smart passenger inspection are introduced (Article 7); For the first time, the Measures explicitly stated that electronic data and paper documents hold equal validity in the field of luggage declaration (Article 11); The methods of customs inspection are expanded from 'X-ray machines' to 'equipment and tools,' encompassing CT scanners, smart inspection platforms, mobile inspection units, and other devices (Article 16).
(Contributed by: Department of Legal Affairs, Supervision Department)
Disclaimer：The above content is translated from Chinese version of GACC. The GACC version shall prevail.