Laws of the People's Republic of China

MOFCOM, NDRC, General Administration of Customs, General Administration of Quality Supervision, Inspection and Quarantine, Certification and Accreditation Administration

Circular of MOFCOM, NDRC, GAC, GAQSIQ, CAA of the People's Republic of China on Regulating Export Order of Motorcycle Products

Shang Ji Dian Fa [2005] No. 699

Administrative commercial departments, development and reform commissions of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan and Xinjiang Production and Construction Corps, Guangdong branch of General Administration of the Customs, and its special commissioners' offices in Tianjin and Shanghai, and all Customs directly under General Administration of the Customs, bureaus of quality and technical supervision in all provinces, autonomous regions and municipalities, administrations for entry-exit inspection and quarantine, and related enterprises:

For the purposes of regulating export order of motorcycle products, protecting the fair competition environment, transforming increasing mode of motorcycle products export, advancing quality and efficiency of export increasing and promoting the health development of the domestic motorcycle industry, related ministries and commissions decide to provisionally carry out administration of export aptitude on enterprises of motorcycle products (including the entire motorcycle, engine, vehicle frame and all-terrain vehicle, the same in the following) and administration of authorization operations on enterprises of motorcycle export. Related matters are now announced as follows:

1.

Entire motorcycle producing enterprises must meet the following conditions when exporting entire motorcycle (including motor tricycle);

(1)

Approved in examination and approval of motorcycle production access of the Development and Reform Commission, and listed in Announcement on Vehicle Producing Enterprises and Products;

(2)

Approved in national mandatory products certificate;

(3)

Approved by certificate of enterprise quality and management system recognized by the state, such as ISO9000;

(4)

The total amount of entire motorcycle of last year was no less than 500,000 U.S dollar (subject to statistics of the Customs) or sales in domestic market were no less than 30,000 (subject to statistics of acceptance certificates uploaded by National Development and Reform Commission)

2.

All-terrain vehicle (ATV) producing enterprises must meet the following conditions when exporting all-terrain vehicles.

(1)

Approved by certificate of enterprise quality and management system recognized by the state, such as ISO9000;

(2)

Obtained related certificate of all-terrain vehicle access of the importing countries.

3.

Export operation enterprises can only export products of motorcycles and entire ATVs of authorized enterprise after obtaining authorization of qualified motorcycle and entire ATV producing enterprises. And with authorization of qualified motorcycle and entire motorcycle producing enterprises, export operation enterprises can export engines of motorcycles and its vehicle frames.

4.

Motorcycle and ATV producing enterprises should submit related materials of aptitude certification and list of authorized export operation enterprises (no more than 5) to administrative commercial departments (electromechanical products offices) of provinces, autonomous regions, municipalities, separately listed cities in plan and Xinjiang Production and Construction Corps before the end of January every year. Local administrative commercial departments will be responsible for the preliminary examination, and the result shall be reported to Ministry of Commerce (Department of Import and Export of Electromechanical Products) before Feb 10.

5.

Ministry of Commerce, jointly with National Development and Reform Commission, General Administration of the Customs, General Administration of Quality Supervision, Inspection and Quarantine, and Certification and Accreditation Administration of the People's Republic of China release List of Entire Motorcycle and ATV Producing Enterprises with Export Qualifications and Export Operation Enterprises with their Authorization (hereinafter referred to as List of Export Enterprises) of the new year in the last ten days of February of each year.

6.

Export license administration is carries out on motorcycle products (refer to Appendix for product category) Export license apply for above products exported in all modes of trade.

7.

As from Mar 1, 2006, license-releasing departments authorized by Ministry of Commerce will issue export license of entire motorcycles and ATVs based on List of Export Enterprises, and export licenses will not be released to those that are not included in List of Export Enterprises. License-releasing departments authorized by Ministry of Commerce will issue export license of motorcycle engines and vehicle frames based on List of Export Enterprises, and export licenses will not be released to those that are not included in List of Export Enterprises.

8.

When exporting entire motorcycles and ATVs listed in Entry-Exit Commodity List under Inspection and Quarantine of Entry-Exit Inspection and Quarantine Organs, producing enterprises listed in List of Export Enterprises or authorized export operation enterprises should report for inspection to inspection and quarantine organs. Organs of inspection and quarantine will not accept report of enterprises that are not included in List of Export Enterprises, and organs of inspection and quarantine of non-origin have no rights to accept report for inspection.

When reporting for inspection, certification on laws and regulations of the importing counties should be submitted in case the importing countries have defined requirements on access laws and regulations. In case the access laws and regulations are undefined, related inspections may be carried out in accordance with regulations of Inspection Law on Import and Export Commodities and its implementing rules. General Administration of Quality Supervision, Inspection and Quarantine will carry out administration of sorts on enterprises listed in List of Export Enterprises in accordance with Administrative Measures on Classifying of Producing Enterprises of Export Industrial Products (General Administration of Quality Supervision, Inspection and Quarantine Decree No.51)

9.

System of export commodity registration is adopted in export of entire motorcycles and ATVs, however registrations of products of enterprises excluded in List of Export Enterprises will not be accepted. The report for inspection of entire motorcycles and ATVs without registration of export commodity will not be accepted either.

10.

Customs will go through formalities of custom inspection based on export licenses released by export license releasing organs authorized by Ministry of Commerce as well as Declaration From of Exit Commodity released by organs of inspections and quarantine.

11.

Ministry of Commerce, National Development and Reform Commission, General Administration of the Customs, General Administration of Quality Supervision, Inspection and Quarantine, and Certification and Accreditation Administration of the People's Republic of China will propose to adjust List of Export Enterprises respectively in accordance with feedback of the overseas markets, administrative situation of Announcement on Vehicle Producing Enterprises and Their Products, everyday inspection and supervision of motorcycle products export and supervision on authentication of mandatory products and quality system. Industrial organizations shall coordinate with enterprises in List of Export Enterprises and put forward suggestions.

12.

In case of any item in the following, qualification of motorcycle products export of the next year may be cancelled.

(1)

False certification materials of aptitude;

(2)

Products are confirmed to inviolate IPR by related departments;

(3)

False authorization certification of producing enterprises;

(4)

Exporting products neither form one's own enterprises nor authorizing enterprises;

(5)

Motorcycles exported the foreign countries cause serious evident of quality and give bad influence on motorcycle export;

(6)

Other behaviors violating regulations of this circular and dishonest behaviors.

13.

Ministry of Commerce takes the responsibility of explanations of this Circular.

14.

This Circular takes effect as form release.

Appendix: List of Motorcycle Products under Export License Administration

Ministry of Commerce

National Development and Reform Commission

The Customs General Administration

General Administration of Quality Supervision, Inspection and Quarantine

Certification and Accreditation Administration

Dec 28, 2005

htm/e04687.htm

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Appendix:

List of Motorcycle Products under Export License Administration

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