Customs Specialist Qualification Examination flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Customs Law core duties
- Supervision and control of goods and means of transport, collection of duties and taxes, anti-smuggling enforcement, and compilation of customs statistics.
- Duty-payer liability timing
- Liability attaches at the time of declaration; if goods are released before assessment, the payer must settle within the statutory period after the duty memorandum is issued.
- Declaration error vs. smuggling
- Technical declaration errors are correctable with low or no fine; smuggling involves concealment or false declaration and triggers confiscation plus fines or criminal referral.
- Appeal path
- A written administrative reconsideration application to the superior customs authority or same-level government, followed by administrative litigation in the people's court if needed.
- Tariff-rate quota
- A two-tier tariff where in-quota imports pay a lower rate and out-of-quota imports pay a higher rate; quota is allocated by application and historical performance.
- Anti-dumping duty
- A duty equal to the dumping margin, applied when dumped imports cause material injury to the domestic industry; it is time-limited and subject to sunset review.
- Safeguard measure
- An emergency, non-discriminatory restriction on fair trade when imports surge and cause serious injury; it requires compensation or consultation with trading partners.
- Three pillars of tariff
- Classification, valuation, and origin determine the duty payable; errors in any pillar change the duty and can trigger penalties.
- Standard import declaration flow
- Electronic data entry, customs review, duty payment, inspection if selected, release, and pickup; the declaration must be filed within the statutory period after arrival.
- Inspection channel selection
- Risk-based assignment: green channel for document review only, yellow for document review plus inspection, red for full inspection.
- Advance declaration
- Imports may be declared before arrival; goods can be released before duty payment if a guarantee is provided, with duty settled within the specified period.
- Amendment and cancellation
- Allowed for clerical errors or changed circumstances before release with customs approval; post-release corrections require formal application and may incur fees.
- General Interpretative Rules order
- GIR 1 heading text and notes, GIR 2 incomplete or unassembled goods, GIR 3 specificity or essential character, GIR 4 most akin, GIR 5 packing, GIR 6 subheadings.
- GIR 3 tie-breakers
- GIR 3(a) most specific description prevails; GIR 3(b) essential character for mixtures and sets; GIR 3(c) last in numerical order if both fail.
- Substantial transformation tests
- Change in tariff heading, value-added percentage, or specific process rules determine whether non-originating materials are sufficiently transformed to confer origin.
- De minimis origin rule
- A small percentage of non-originating materials is permitted without losing origin; the threshold varies by agreement and product.
- Transaction value adjustments
- Add commissions except buying commissions, royalties as a condition of sale, packing costs, and assists; exclude post-import costs and buyer-side costs.
- Valuation fallback sequence
- When transaction value is unavailable: identical goods, similar goods, deductive value, computed value, and finally the reasonable-means method.
- Duty and VAT formula
- Duty equals customs value times tariff rate; VAT base equals customs value plus duty plus consumption tax where applicable.
- Late payment surcharge
- Overdue duty incurs a surcharge commonly of 0.05 percent per day; underpayment discovered later may be recovered within the statutory limitation period.
- Licensing categories
- Prohibited goods cannot be traded; restricted goods need a license or permit; automatic licensing goods need registration but not discretionary approval.
- Quarantine certificate
- Plants, animals, food, and biological materials may require a phytosanitary or health certificate and pre-shipment inspection before release.
- Dual-use export control
- Items with both civilian and military applications require an export license and may need end-user statements for non-proliferation and national security.
- Bonded warehouse duty timing
- Imported goods are stored without duty payment; duty is assessed at the rate in effect on the date goods are withdrawn into the domestic market.
- Processing trade balance rule
- Enterprises must balance import and export quantities within the approved processing period; surplus or shortfall requires customs approval and duty settlement.
- Special supervision area treatment
- Goods entering from overseas are bonded; goods entering from the domestic market are treated as exports and may qualify for export tax rebates.
- Customs audit types
- Routine audit, special audit, and follow-up audit; customs may audit on-site or require self-inspection and document submission.
- Voluntary disclosure effect
- Timely and complete disclosure of errors before customs discovers them can reduce or waive penalties.
- Reconsideration deadline
- Administrative reconsideration must be filed within the statutory period, commonly 60 days from knowledge of the decision, before litigation.
- Recordkeeping requirement
- Declaration documents must be retained for a specified period, commonly three years; failure to retain records can result in fines.
- Broker integrity duty
- Customs brokers must act with integrity, accuracy, and confidentiality; false statements can result in license suspension or revocation.
- Conflict of interest disclosure
- Practitioners must disclose conflicts and may not accept benefits that influence declaration accuracy or classification decisions.