Laws of the People's Republic of China

National Development and Reform Commission, Ministry of Commerce

Announcement of National Development and Reform Commission and Ministry of Commerce

No. 50

In accordance with Interim Measures for Administration of Import Tariff Quota of Agricultural Products, Announcement on the Redistribution of the Import Tariff Quotas of Agricultural Products of 2004 is formulated and hereby promulgated.

National Development and Reform Commission

Ministry of Commerce

August 11th, 2004

Announcement on the Redistribution of the Import Tariff Quotas of Agricultural Products of 2004

In accordance with the relevant provisions of the Interim Measures for the Administration of the Import Tariff Quota of Agricultural Products (Decree No.4 of the Ministry of Commerce and the National Development and Reform Commission of 2004, hereinafter referred to as Interim Measures), the Quantity, the Application Conditions and the Principle of the Distribution of the Import Tariff Quotas of Grain and Cotton of 2004 (Announcement No.25 of the National Development Planning Commission of 2003, hereinafter referred to as the Principle of Distribution), Rules for Distribution of Import Tariff Quota of Palm Oil, Soya-bean Oil, Rapeseed Oil, and Sugar of 2004 (Announcement No.51 of the Ministry of Commerce, hereinafter referred to as the relevant provisions of Rules for Distribution), issues concerning the redistribution of the import tariff quotas of agricultural products of 2004 are hereby announced as the following:

1.

Any final user who holds the import tariff quotas of wheat, corn, paddy, husked rice, Soya-bean oil, rapeseed oil, palm oil, sugar and cotton of 2004, in the case that he fails to sign import contracts for the total amount of its quotas in that year, or has signed import contracts but is supposed to be unable to consign goods from the starting port before the end of the year, he shall return his import tariff quotas that are not completed or unable to be completed to the local Development Planning Commission, and the Department of Commerce (Department of Foreign Trade and Economic Cooperation) of the provinces (autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan),where he is located. And the State Development Planning Commission as well as the Ministry of Commerce shall redistribute the returned quotas. With regard to the quotas that are neither returned prior to September 15 nor used sufficiently before the end of the year by the final user, the State Development Planning Commission as well as the Ministry of Commerce shall reduce them accordingly in proportion while distributing the import tariff quota of agricultural products of 2005.

2.

For any final user who obtained and has completely used the import tariff quotas of the commodities listed in Article 1 of this announcement, and for any new user who conforms to the application conditions set forth in the Principle of Allocation and Rules for Distribution, but doesn't apply for the import tariff quota, while it is distributed in the beginning of the year, they may file an application for the redistribution of the import tariff quotas of agricultural products to the local Development Planning Commission, and the Department of Commerce (the Department of Foreign Trade and Economic Cooperation) of the provinces (autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan), where he is located.

3.

The applicant shall submit a written application for redistribution of tariff quotas to the local Development Planning Commission, and the Department of Commerce (the Department of Foreign Trade and Economic Cooperation) of the provinces (autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan), where he is located. The application form shall be filled in according to the relevant provisions of the Principle of Distribution and Rules for Distribution.

4.

The Development Planning Commission, and the Department of Commerce (the Department of Foreign Trade and Economic Cooperation) of provinces (autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan), after the preliminary examination and approval of the applicant's applications, shall report the eligible applications respectively through the computer administration system of the import quota of agricultural products since September 1, and submit them respectively to the National Development Planning Commission and the Ministry of Commerce in writing after collecting the applications in the order of time before September 20.

5.

The State Development Planning Commission and the Ministry of Commerce shall redistribute the quotas returned by users in the order of declaration on the internet, and notify the final users of the result of the redistribution of the tariff quotas before October 1. In case the total amount of the eligible applications is less than that of the import quotas, every applicant's application can be approved. In case the total amount of the eligible applications is more than that of the import quotas, tariff quotas shall be redistributed according to the principle of early coming early obtaining, pursuant to the relevant provisions in the Principle of Distribution and Rules for Distribution.

6.

Other items such as the term of validity of the redistribution of tariff quotas shall be implemented in accordance with Interim Measures, the Principle of Distribution and Rules for Distribution.

7.

The redistribution of the tariff quotas of wheat, corn, paddy and husked rice shall be implemented by the State Development Planning Commission and the Development Planning Commission of provinces (autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan). The redistribution of the tariff quotas of palm oil, Soya-bean oil, rapeseed oil and sugar shall be implemented by the Ministry of Commerce and the Department of Commerce (the Department of Foreign Trade and Economic Cooperation) of provinces (autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the State plan).