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    Import/Export Declaration Verification and Assessment
     
  Q1.
What are the requirements of law on import/export declaration?
  A1.
Under the Import and Export (Registration) Regulations, every person who imports or exports any article other than an exempted article is required to lodge with the Commissioner of Customs and Excise an accurate and complete import or export declaration within 14 days after the importation or exportation of the article. Prosecution may be initiated against any person who fails to lodge the required declaration, or knowingly or recklessly lodges any declaration that is inaccurate in any material particular.
   
  Q2.
What is the time limit for lodgement of import/export declaration?
  A2.
An import/export declaration should be lodged within 14 days after the importation/exportation of the article.
   
  Q3.
How is the time limit of 14-day computed?
  A3.
The 14-day is computed with the day following the date of importation/exportation as day one. Then count to day 14 inclusive of intervening public holidays. However, if day 14 happens to be a public holiday, a gale warning day (i.e. typhoon signal No. eight or higher hoisted), or a black rainstorm warning day, the time limit shall extend to the next following day not being a public holiday, a gale warning day, or a black rainstorm warning day.
   
  Q4.
How can I lodge import/export declarations?
  A4.
Starting from 1 April 2000, import/export declarations can only be lodged electronically through the services provided by specified service providers. Service is also provided to convert paper declaration information into electronic messages if necessary.
   
  Q5.
What are the procedures of lodging import/export declarations electronically?
  A5.
Direct Electronic Declaration Service

Declarations are to be lodged electronically through the services provided by the following service providers (SP) appointed by Government:

Brio Electronic Commerce Limited (Brio)
Enquiry Hotline : 2111 1288
Website : http://www.brio.com.hk

Global e-Trading Services Limited (Ge-TS)
Enquiry Hotline : 8201 0082
Website : http://www.ge-ts.com.hk

Tradelink Electronic Commerce Limited (Tradelink)
Enquiry Hotline : 2599 1700
Website : http://www.tradelink.com.hk

After registration with SP, importers/exporters may make use of the front-end solutions provided, such as end-user software or web-form, to compile the necessary information into structured declaration messages as required. With proper electronic signature, the electronic declarations can be sent to SP's system. If a declaration is in order and accepted by SP's system, the declarant will receive an "acknowledgement message" from the system while the declaration message will be transmitted to Government's system. The payment of relevant Government charges and the SP transaction fees will be settled between the declarant and the respective SP. On the other hand, if a declaration is rejected by SP's system, the declarant will receive an "error message". The declarant therefore has to re-submit the declaration after completion of appropriate follow-up action. Importers/exporters should note that they have to pay late lodgement charge and may be liable to prosecution if they fail to lodge the required import or export/re-export declaration within 14 days after the importation or exportation of the article.

Paper-to-electronic Conversion Service via Specified Agents

Paper-to-electronic conversion service for declaration is also provided by SP through a network of service agents in Hong Kong. Importers/exporters have to complete a specified paper authorization form. The service agents will convert the information into electronic messages and send them to the respective SP for onward transmission to the Government. An extra service charge will be incurred for such conversion service.

   
  Q6.
What forms should be used for declarations?
  A6.

The following prescribed import or export declaration forms are to be used:

Form 1
For general imports
Form 1A
For imports of food items
Form 2
For general exports or re-exports
Form 2A
For exports of Hong Kong manufactured clothing and footwear items
Form 1B
For imports of articles exempted from declaration charge
Form 2B
For exports /re-export of articles exempted from declaration charge

   
  Q7.
Where can I find the information on the commodity code for an article?
  A7.
You may refer to the following publications of the Hong Kong Harmonized System :

-

Hong Kong Imports and Exports Classification List (Harmonized System) 2007 Edition (2 volumes) which can be purchased:

(i) online at the "Government Bookstore" (Address: http://www.bookstore.gov.hk)

(ii) in person at the Publication Unit, Census & Statistics Department (Address: 19/F, Wanchai Tower, 12 Harbour Road, Wan Chai, Hong Kong; Tel: 2582 3025; Fax : 2827 1708)

or enquire with the Census and Statistics Department at Tel. 2877 1818.

You can also obtain softcopies of the publications at Census and Statistics Department website at :
http://www.censtatd.gov.hk/products_and_services/
products/publications/classification_lists/index.jsp

   
  Q8.
What is the definition of "F.O.B. value H.K."?
  A8.

For export/re-export shipment only. "F.O.B. Value H.K." represents the full cost of the goods up to and including the loading of the goods on to the exporting vessel, vehicle or aircraft, including the cost of goods and any other charges. The value should be in HONG KONG DOLLARS. If the exporter receives payment for the goods in foreign currency, in general, it should be converted into Hong Kong dollars at the remittance buying exchange rate prevailing at the time of departure of shipment or according to the Banker's Credit Advice.

   
  Q9.
What is the definition of "C.I.F. Value H.K."?
  A9.
For import shipment only. "C.I.F. Value H.K." represents the full cost of goods up to arrival in Hong Kong, including the cost of goods, insurance, freight and any other charges. The value should be in HONG KONG DOLLARS. If the importer makes payment for the goods in foreign currency, in general, it should be converted into Hong Kong dollars at the remittance selling exchange rate prevailing at the time of arrival of shipment or according to the Banker's Debit Note.
   
  Q10.
How can I make amendments to the lodged import/export declarations?
  A10.
Amendments to any lodged import/export declarations have also to be sent to the Government electronically. If you wish to amend a declaration lodged via the Specified Agent, you should complete an Authorisation for Submission of Import/Export Declaration Amendment Form, which can be obtained from the Specified Agent and submit it to the relevant Specified Agent for forwarding to the Government electronically.
   
  Q11.
What should I do if I have used a wrong import/export declaration form for lodging declaration?
  A11.
You are required to submit a written notification to the Government if you have used a wrong declaration form. In the notification, you should provide the details, state clearly the reason(s) for using the wrong declaration form and present the supporting documents (e.g. bill of lading) if situation requires. The written notification can be addressed to:


Trade Statistics Processing Section,
Census and Statistics Department,
18/F, Wanchai Tower,
12 Harbour Road, Wan Chai, Hong Kong

 
Or by fax to 2877 5399.
   
 
Written notification can also be sent through electronic means. In the declaration concerned, input the details in the data field ¡§Declaration Remark/Amendment Reason¡¨ at declaration level and then submit it to the Government via your service provider. It should however be noted that the notification must not be stated at goods item level.
   
 
Upon receiving the notification, the Government will review it under case by case mechanism and inform you if follow up action is required (e.g. submission of additional supporting documents for review). Cases which are suspicious of involving fraudulent intent will be followed up by the Customs and Excise Department.
   
 
If you are the user of the paper-to-electronic declaration conversion service and wish to notify the Government about using of the wrong declaration form via your appointed service agent, you should file the written notification by completing an amendment form, which can be obtained from the service agent, and submit it to the relevant service agent for forwarding to the Government electronically.
   
 
According to Regulations (4) and (5) of the Import and Export (Registration) Regulations, Chapter 60E, Laws of Hong Kong, the Commissioner of Customs and Excise may, on the lodgement of any import/export declaration that is incomplete in any respect, refuse to accept the declaration until it is completed in every respect and upon such refusal the declaration shall be deemed not to have been lodged with the Commissioner. If you have misused import/export declaration form, you may be liable to prosecution and required to lodge the relevant declaration with payment on the late lodgment penalty.
   
  Q12.
What is the definition of ¡§consolidated cargo¡¨?
  A12.
Consolidated cargo means containerized or unitized cargo comprising of several small individual shipments sent under one air waybill or bill of lading. The cargo contains shipments of two or more shippers, usually shipped by a forwarder called a consolidator.
   
  Q13.
What is the ¡§Consolidation Indicator¡¨?
  A13.
It is a field in Electronic Lodgement of Import and Export/Re-export Declaration for importers/exporters to notify whether the consignment is a direct shipment or a consolidated shipment. If the cargo is consolidated and shipped by a cargo forwarder/consolidator, put ¡§Y¡¨ (representing ¡§Yes¡¨) and give the House B/L or HAWB number in the Import and Export/Re-export Declaration.
   
  Q14.
What is ¡§Transhipment Cargo¡¨? Are ¡§Transhipment Cargo¡¨ exempted from the lodgement of import and export declarations?
  A14.
There are a number of categories of exempted articles as stipulated in Regulation 3 of the Import and Export (Registration) Regulations while "Transhipment cargo" is one amongst them, i.e. item (a) of Regulation (3).

Under Section 2 of the Import and Export Ordinance, Chapter 60, "Transhipment cargo" means any imported article that-

(i) is consigned on a through bill of lading or a through air waybill from a place outside Hong Kong to another place outside Hong Kong; and

(ii) is or is to be removed from the vessel, aircraft or vehicle in which it was imported and either returned to the same vessel, aircraft or vehicle or transferred to another vessel, aircraft or vehicle before being exported, whether it is or is to be transferred directly between such vessels, aircraft or vehicles or whether it is to be landed in Hong Kong after its importation and stored, pending exportation.

   
  Q15.
From time to time, our company received from Census and Statistics Department the Notice on Lodgement of Import/Export Declaration either in electronic form or in paper form, why? Will it be the case that our company receives duplicate Notices?
  A15.
For any consignment without the relevant Import/Export Declaration being lodged with, Census and Statistics Department will send only one Notice on Lodgement of Import/Export Declaration to the importer/exporter by mail, fax or email urging for lodgement of trade declaration according to the address being shown on the relevant cargo manifest. Please frequently check the mail box assigned by your services provider to make sure your company would not miss any email from Census and Statistics Department.
   
  Q16.
Why have I not received any Notice on Lodgement of Import/Export Declaration from Census and Statistics Department before the officers of Customs and Excise Department paid a visit to my company?
  A16.
Usually, Census and Statistics Department sends a Notice on Lodgement of Import/Export Declaration to a trader urging for lodgement of trade declaration according to the address being shown on the relevant cargo manifest of which the carriers might not reveal the full correspondence information so that the Notice could not reach the appropriate recipient. Moreover, Notice on Lodgement of Import/Export Declaration will be sent to a trader by mail, fax or email. Please frequently check the mailbox assigned by your services provider to make sure your company would not miss any email from Census and Statistics Department.
   





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