World Exposition Shanghai China 2010

Special Regulation No. 7

Concerning Customs Clearance, Transportation and Handling of Goods

(This Regulation was approved by the 143rd BIE General Assembly on 31st March, 2008)

Bureau of Shanghai World Expo Coordination

Chapter I: General Provisions
Article 1  Purpose
The purpose of this Special Regulation is, in accordance with the Paris Convention of November 22nd, 1928 Relating to International Exhibitions, as complemented and amended, and the Customs Annex of the Paris Convention, as well as Articles 25, 26 and 34 of the General Regulations of the World Exposition Shanghai China 2010 (hereinafter referred to as “Expo 2010”) and the normal practices of the previous World Expositions, to specify the requirements for customs clearance, transportation and handling of the Expo goods.

Article 2  Compliance with Laws and Regulations
1. All official participants shall comply with the Paris Convention and its Customs Annex, the relevant laws, regulations and rules of China, the General Regulations and the Special Regulations of Expo 2010, and the additional instructions and directives issued by the Organizer (hereinafter jointly referred to as “Laws and Regulations”).

2. Additional instructions and directives are issued by the Organizer, in conformity with the General Regulations and Special Regulations, to provide more information on related subjects and further specify the rights and obligations of official participants and the Organizer.

3. The Organizer shall provide official participants with documents and information related to the customs clearance, transportation and handling of their goods according to the Laws and Regulations.

Article 3  Customs Clearance
1. The China Customs will approve the establishment within the Expo Site of a temporary surveillance area, as per the Laws and Regulations. Official participants shall complete the customs clearance procedures as required by the Laws and Regulations.

2. Official participants shall go through formalities for customs declaration and inspection and quarantine for imports within a specified period of time as required by the China Customs, the inspection and quarantine authorities, and the Organizer.

Article 4  Transportation and Handling of Goods
1．Official Participants shall manage the transportation and handling operations for the Expo-related goods according to the requirements of the Organizer.

2. The official participants shall be entitled to choose the carrier for transporting their exhibits and goods to the Expo Site. For the transportation of goods within the Expo Site, the official participants have to choose the logistic service providers designated by the Organizer. Each official participant shall appoint a special representative in China responsible for matters related to the goods, and inform the Organizer of his/her name, address and contact information at least 60 days prior to the first shipment of goods.

Article 5  Taxes and Charges
According to the Laws and Regulations, official participants shall be responsible for the taxes and charges incurred in the process of entry and exit, transportation and handling of goods, including those charges and taxes for customs declaration, inspection and quarantine, transportation, storage, and handling.

Chapter II: Requirements and Services for Customs Clearance, Transportation and Handling of Goods
Article 6  Customs Clearance of Goods
1．The China Customs and inspection and quarantine authorities shall send officers to work in the temporary surveillance area for the purpose of processing customs declarations and applications for inspection and quarantine verification respectively submitted by official participants.

2．During the process of on-site examination made by the Customs and the inspection and quarantine authorities, the special representative appointed by the official participant shall be present to assist. The Organizer is authorized to process the goods on behalf of the official participant in the absence of the representative with necessary and reasonable measures and the official participant concerned shall be responsible for the expenses and liabilities thus incurred.

3．Goods and articles brought to China by official participants’ staff that are related to Expo 2010 and not for self use shall be subject to necessary procedures with the permission from the Customs office and inspection and quarantine authority at the entry port in advance. Valid documents shall be presented at the time of entry, indicating that the goods and articles are related to Expo 2010.

Article 7  Transportation Plan and Arrangement
1. Each official participant shall submit in advance to the Organizer a detailed transportation plan for all goods to be used during the Exposition (including the reshipping plan following the close of Expo 2010). For goods to be transported from overseas, the transportation plan shall be submitted to the Organizer at least 45 days prior to the first shipment, while for domestic goods, at least 15 days prior to the first shipment. The official participant shall immediately inform the Organizer of changes made to the transportation plan if any.

2．For goods imported by sea and by air, the official participant shall provide the Organizer prior to the shipping with additional information including names of the conveyance, voyage or flight numbers, departure places and dates, arrival dates, reference numbers of transportation bills, dimensions and weights of cargos, and types of the packaging material, as well as the names and contact information of the international freight forwarders concerned.

Article 8  Transportation of Dangerous Goods
The transportation of dangerous goods shall be subject to relevant laws and regulations of China, and the International Conventions and Treaties that China has concluded or acceded to.
Article 9  Packaging Requirements
1．The goods shall be packaged with cases or crates that are easy for use and re-shipping, and the items inside shall be fixed and supported.

2．The cargo with wood packing (including wood pallets) shall be subject to inspection and quarantine procedures according to international inspection and quarantine requirements for cargo with wood packing, and shall be labeled with the IPPC mark.

Article 10  Labeling Instructions
1．Each piece of shipment shall be labeled at least on two sides of the package with standard shipping marks, using standard metric units to indicate the dimensions and weight. For the goods to be uploaded, the locking point shall be marked; and for the goods of irregular shape, the gravity point shall be marked.

2．The shipping marks shall indicate information such as the title of Expo 2010, name of the official participant, contact person and his/her telephone number, booth and pavilion numbers, gross (net) weight, dimensions, package number, and country of origin.

3．For certain goods that require special handling, official participants shall strictly follow international conventions on package labeling by using special signs such as “Fragile” and “This Side Up”, in addition to the above shipping marks.

Article 11  Documents for Customs Clearance
1．According to the Laws and Regulations, official participants shall submit the following documents for customs clearance:

(1) two copies of the list of exhibits indicating their names, H.S. coding, quantity, value, style, model, and major parts and accessories;

(2) one copy of the original bill of lading or the original airway bill;

(3) one copy of the original packing certificate;

(4) invoices;

(5) packing list;

(6) other documents for customs clearance as required by the Customs and inspection and quarantine authorities.

2．The list of exhibits shall be submitted to the Organizer or the logistic service provider designated by the Organizer at least 20 days prior to the arrival of goods in Shanghai, and other documents for customs clearance shall be submitted at least one day prior to the arrival of goods.

3．In case there are catalogues, brochures, slides, CDs or promotional gifts in the shipment, the official participant shall submit to the Organizer two samples for each item, and the Organizer shall deliver collectively these samples to the Chinese government departments concerned for examination.

Article 12  Entry and Exit of Goods into and from the Expo Site
1．Exit of goods from the Expo Site shall be subject to the written approval in advance by the China Customs and inspection and quarantine authorities, and an exit permit issued by the Organizer shall be obtained.

2．Entry and Exit of goods into and from the Expo Site shall be subject to the Organizer’s directives on schedules and special routes, of which the details shall be released in due time.

3．When goods are delivered to the Expo Site for positioning, the special representative appointed by the official participant shall be present for supervision. In case of absence of the representative, the Organizer shall appoint other personnel to supervise and arrange for the goods to be temporarily warehoused at the expenses and liabilities of the official participant.

Article 13  Handling Services
For exhibits that are heavy and oversized or that require special loading and positioning, the special representative appointed by the official participant shall arrive at the Expo Site beforehand, provide a detailed layout diagram and superintend the loading and positioning. In case of absence of the appointed representative, the logistic service provider may arrange the positioning according to the layout diagram provided by the official participant.

Article 14  Storage Services
1．The Organizer shall establish warehouses within the Expo Site for the storage of goods necessary for the exhibition and pavilion operations of official participants (including frozen and refrigerated merchandise)

2. The empty packaging in the enclosed area of Expo 2010 shall be collected, stored, and returned during exhibit removal to the original booths by the logistic service provider designated by the Organizer. The official participant shall mark on the outside of the empty packaging its name, booth number, contact person and his/her telephone number, and other relevant information. No objects shall be stored in the packaging set aside as empty, and the official participant shall be responsible for any risk and/or loss arising from the storage of objects in the empty packaging.

3．In case that official participants need to store or retrieve exhibits or other related objects during Expo 2010, the Organizer or the designated logistic service provider shall be informed to ensure that necessary warehousing arrangements are made promptly.

Article 15  On-site Support
1．In the duration of Expo 2010, the logistic service provider designated by the Organizer shall communicate in writing to official participants specific instructions for re-packing, re-shipping and retaining for sale of the goods during removal, promptly answer their questions in this regard, and in the meantime provide official participants for reference with available voyage and flight schedules for re-shipping the exhibits.

2．Prior to the removal of exhibits, the logistic service provider designated by the Organizer shall complete the filing, as per written instructions by official participants (a sample instruction form will be delivered to official participants in advance), of the quantities of goods to be re-shipped, retained for sale, distributed, consumed and discarded etc.

Chapter III: Import of Goods
Article 16  Duty-free Goods
1. Promotional articles and samples provided by official participants and exclusively distributed to visitors for use or consumption free of charge within the Expo Site during Expo 2010 shall be exempted from customs duty and import VAT provided that the unit prices of such items are fairly low, they are not suitable for commercial purposes, and their quantity and total value are verified by the China Customs to be within a reasonable scope. A pertinent report shall be submitted by the official participant to the Customs after the close of Expo 2010.

2. Non-tradable documents including publicity materials and design blueprints imported by official participants for use in exhibition activities within the Expo Site, which do not enter China’s domestic market, shall be subject to the China Customs control and exempted from customs duty and import VAT provided that their quantities are verified to be within a reasonable scope.

3. Imported construction and decoration materials and fixed equipment required for pavilion construction and exhibition operation shall be exempted from customs duty and import VAT provided that their quantity and eligibility are verified. The quantity and eligibility of such duty-free goods shall be verified and determined by the Chinese Ministry of Finance in consultation with other relevant departments.

Article 17  Goods Imported on a Temporary Basis
1. The e1. xhibits, supplies and equipments The exhibits as well as exhibition equipment and suppliesimported by official participants during Expo 2010 shall be treated as goods imported on a temporary basis, those to be re-exported after the close of Expo 2010 shall be exempted from customs duty and import VAT and those to be retained for use or sale shall be subject to customs and inspection and quarantine procedures and applicable customs duty and import VAT as per regulations.

2. Exhibits referred to in paragraph 1 include:

(1) Goods and items for display or demonstration during Expo 2010;

(2) Goods and items required for demonstrating the exhibited machines or instruments;

(3) Construction and decoration materials required by official participants for setting up temporary exhibition booths;

(4) Movies, slides, video tapes, audio tapes, instruction manuals, advertisements, CDs and display devices used for the demonstration and promotion of the exhibits.

3. The supplies and equipments referred to in paragraph 1 include:

(1) Imported equipment, instruments, supplies, transportation means and special vehicles required for the production of movies and TV programs managed by official participants or in cooperation with the Chinese government, organizations or corporations;

(2) Imported supplies for sports games or performances, transportation means and special vehicles required for the presentation of Expo-related sports games or cultural events organized by official participants;

(3) Imported equipment, instruments, tools, transportation means and special vehicles used for conducting scientific research, teaching or medical treatment activities related to Expo 2010.

4. For the goods applicable to the use of ATA Carnet as prescribed in the international conventions which China has entered into relating to the goods of temporary admission, the Chinese customs authorities shall accept and encourage the use of the ATA Carnet.

Article 18  Taxable Goods
The goods and articles imported by official participants and sold in the commercial activities within their national sections shall be subject to applicable customs duty and import VAT based on different categories of goods.

Article 19  Goods Prohibited from Entry
As specified in the List of Goods Prohibited to Be Imported to the People’s Republic of China and other applicable Laws and Regulations, import of the following goods is prohibited:

(1) arms, imitation arms, ammunitions and explosives of all kinds;

(2) counterfeit currencies and negotiable securities;

(3) printed matters, films, photos, A&V tapes and discs, storage media for computers and other articles which are harmful to the political, economic, cultural and moral interests of China;

(4) deadly poison of all kinds;

(5) opium, morphine, heroin, marijuana and other addictive drugs and psychotropic substances;

(6) fresh fruits, vegetables of the nightshade family, live animals (excluding dogs and cats), animal products, pathogenic micro-organisms of animals and plants, insect pests and other harmful organisms, animal carcasses, soil, transgenic biomaterials, and relevant animals, plants, their products and other quarantine objects from countries or regions with prevalent epidemic animal or plant diseases;

(7) food, medicines and other articles coming from epidemic stricken areas and harmful to man and livestock or those capable of spreading diseases;

(8) other goods and articles prohibited of importation by the Chinese government.

Article 20  Goods Which Need Special Approval
The import and export of goods within following categories requires special approval according to relevant Laws and Regulations:

(1) Animals, plants and their products

The entry and exit of animals, plants and their products shall comply with the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine, as well as relevant regulations and international conventions, and shall be subject to animal and plant inspection and quarantine at the time of entry. Where the Permit for the Entry and Exit Animal and Plant Quarantine is required for the animals, plants and their products to be imported, an application shall be submitted to and processed by the inspection and quarantine authorities prior to their entry.

(2) Wild animals and plants

The entry and exit of wild animals and plants shall comply with the Laws and Regulations of China concerning the protection of wild animals and the relevant international conventions. The export of the wild animals and plants or their products specially preserved by China, the import or export of wild animals and plants or the products thereof whose import or export is restricted by international conventions to which China is a party, shall be approved by the State Council or the competent authorities of wildlife under the State Council, and an import and export permit shall be obtained. The Customs and inspection and quarantine authorities shall clear the imports or exports upon examination and inspection and quarantine against the permit

(3) Food, beverage and cosmetics

The entry and exit of food, beverage and cosmetics shall comply with the Laws and Regulations of China concerning public health. The food, beverages and cosmetics carried into China for self-use shall not be sold and shall be released within a reasonable quantity by the Customs. According to relevant provisions, the food, beverage and cosmetics shall be subject to inspection and quarantine in advance if necessary. The Customs shall, against the Note for Customs Clearance of Inward Goods issued by the inspection and quarantine authorities, complete the customs clearance for the food, beverage and cosmetics which exceed the quantity for self-use.

(4) Special Goods

The entry and exit of special goods, such as microorganism, tissue of the human body, biological products, blood and its products, shall comply with the Frontier Health and Quarantine Law of the People's Republic of China, its implementing regulations, International Health Regulations, and other relevant Laws and Regulations. For the import of such special goods, the “Health Quarantine Permit for Inward Special Goods” shall be obtained from the entry-exit inspection and quarantine authorities of China, which shall put the special goods into quarantine as required. The Customs shall complete the customs clearance against the “Note for Customs Clearance of Inward Goods” issued by the inspection and quarantine authorities.

(5) Medicine

The entry and exit of medicine shall comply with the Laws and Regulations of China concerning medicine control. The Customs shall, against the valid permit or approval document issued by the drug administration departments of China, process and verify the imported and exported medicine.

(6) Photographic and video equipment

The photographic and video equipment brought in by official participants’ reporters shall be processed for a temporary import permit by the Customs as per approval documents issued by the Information Department of the Chinese Ministry of Foreign Affairs, the Chinese Journalists Association, and the Foreign Affairs Office of Shanghai Municipal Government, as well as the guarantee provided by the reception department. All equipment shall be re-exported promptly after the close of Expo 2010.

(7) Radio transmission equipment

The import of radio transmission equipment shall comply with the Laws and Regulations of China concerning telecommunication administration. Approval documents concerning the examination of imported radio transmission equipment issued by the relevant authorities of China in charge of telecommunication administration shall be presented at the time of entry of the imported radio transmission equipment, and an import license must be obtained from the competent department of commerce of China upon verification of the approval documents.. The Customs shall inspect and release such equipment as per the import license. Additional approval documents issued by the broadcast and television administrations of China for television outside broadcast equipment and further additional documents issued by the public security departments of China for television outside broadcast vehicles shall be obtained for customs procedures. Individuals are prohibited from carrying or mailing to China any radio or television transmission equipment or instruments.

(8) Ground receiving facilities for satellite television transmission

The entry and exit of ground receiving facilities for satellite television transmission shall comply with relevant provisions issued by the State Administration of Radio, Film and Television of China. For import of the said facilities, a certificate shall be obtained from the broadcast and television administrations of China, which shall then be processed and approved by the competent department of commerce of China. The Customs shall handle the procedures as per the approval document issued by such competent department of commerce. Individuals are prohibited from carrying or mailing to China any ground receiving facilities for satellite television transmission.

(9) Wood packing materials

The entry and exit of wood packing materials shall comply with the Laws and Regulations of China concerning inspection and quarantine.

(10) Inward means of foreign transportation

The entry of means of foreign transportation shall comply with the Laws and Regulations.

(11) Religious printed materials and audiovisual products

As regulated by the China Customs on the import and export of printed materials and audiovisual products, religious printed materials and audiovisual products carried or mailed to China shall be subject to Customs verification of the reasonable quantity for self use. Religious printed materials and audiovisual products for distribution purpose are prohibited from entry.

(12) Used mechanical and electrical equipment

The used mechanical and electrical equipment imported for the purpose of Expo pavilion construction shall comply with the laws and regulations of China concerning inspection and quarantine as well as inspection and supervision of used mechanical and electrical equipment, and shall be subject to inspection and supervision by the inspection and quarantine authorities of China.

Article 21  Special Provisions for Official Participants
Typical products imported by official participants, such as ethnic handicrafts and cuisine required for exhibition within the Expo Site during Expo 2010, shall be exempted from customs duty and import VAT after verification and determination on the eligibility and reasonable quantities by the Chinese Ministry of Finance in consultation with other relevant departments.

Chapter IV: Handling of Goods Imported on a Temporary Basis after Expo 2010
Article 22  Re-exported Goods
Goods imported on a temporary basis and to be re-exported shall be exempted from customs duty and import VAT. Official participants shall complete procedures for re-export and cancellation of temporary admission according to the Laws and Regulations.

Article 23  Goods Transformed into Normal Imports
1. For goods imported on a temporary basis and not to be re-exported after the close of Expo 2010 due to the fact that they are damaged, lost or stolen, official participants shall present to the Customs evidential documents for the above situations as required in the Laws and Regulations. Upon approval, a declaration shall be made to the Customs and inspection and quarantine authorities, for inspection and quarantine procedures and Customs examination; and import procedures under normal trade conditions shall be carried out.

2. For goods imported on a temporary basis that are retained for sale after the close of Expo 2010, official participants shall submit an application to the China Customs 30 days prior to the close of Expo 2010. Upon approval, a declaration shall be made to the Customs and inspection and quarantine authorities; and import procedures under normal trade conditions shall be carried out. For the goods subject to import licenses, valid import licenses shall be presented to the Customs as per regulations.

Article 24  Discarded, Destroyed, Damaged or Lost Goods
1. Upon approval of competent Customs authorities, exhibits or materials may be discarded by official participants. Goods packed in wood shall be submitted to the inspection and quarantine authorities for proceeding.

2. Official participants shall make accurate customs declaration in terms of the quantities and monetary values of goods to be locally destroyed, and undergo normal importation procedures. However, the customs duty, import VAT and import consumption taxes may be exempted, provided that they are verified by the Customs in advance, and are destroyed under the Customs supervision. In such circumstances, the official participant concerned shall be responsible for the removal of the goods out of the section under the supervision of the Customs, and bear all costs arising therefrom.

3. Official participants shall declare to the Customs and undergo normal importation procedures for goods damaged or lost in the temporary surveillance areas, or goods with less actual quantity than that on the exhibits list for unknown reasons, or goods disposed of by official participants without the Customs approval. However, taxes may be reduced or exempted for goods damaged or lost as a consequence of force majeur, which is verified and confirmed by the Customs.

Article 25  Donations from Overseas
For imported articles donated by foreign governments or international organizations as gifts to the Organizer of Expo 2010 for use in Expo-related activities, the Organizer shall submit to the Customs a written application, along with a letter by the donating government or organization, a “Certificate for Imported Goods Donated by Foreign Governments or International Organizations and China’s Commitment to International Treaties” issued by the competent authority of Chinese government, and a list of the imported goods. The imported goods that satisfy the above conditions shall be exempt from customs duty and import VAT, while other donated goods shall be subject to the applicable Laws and Regulations of China.

CHAPTER v  TAXES FOR DOMESTIC PROCUREMENT IN CHINA
Article 26  VAT Procedures
1. Official participants shall receive a refund of the VAT paid in their procurement in China of the following goods to be used in construction, exhibition and operation of the pavilion, according to the rate collected, by carrying out the necessary procedures subject to the Laws and Regulations:

(1) building materials needed for the construction, exhibition, and operation of the pavilion;

(2) equipment and office supplies needed for the construction, exhibition, dismantlement and operation of the pavilion.

2. The detailed procedures of the VAT refund mentioned in the above paragraph shall be published by the financial department of the Chinese government in consultation with other relevant departments.

3. The procured goods eligible for the VAT refund to be sold in China following the close of Expo 2010 shall be subject to tax payment as required by applicable Laws and Regulations of China.

4. The Organizer shall assist official participants with the VAT refund procedures to the relevant government authorities.