Laws of the People's Republic of China

General Administration of Customs

Circular of the General Administration of Customs on Transmitting the Catalogue of Industries for Guiding Foreign Investment(Revised in 2004)

Shu Shui Fa [2004] No. 441

December 27, 2004

Guangdong sub-administration of the General Administration of Customs, Tianjin and Shanghai special commissioner's offices, and all the customs directly under the General Administration of Customs:

The National Development and Reform Commission and the Ministry of Commerce jointly promulgated the Catalogue of Industries for Guiding Foreign Investment(Revised in 2004)(hereinafter referred to as the Catalogue, please see the appendix for detail)by Decree of No. 24, which shall be implemented as of January 1, 2005. It is hereby transmitted to you all, and the relevant issues concerning implementation are notified as follows:

1.

The Catalogue shall be implemented as of January 1, 2005, namely, approval of foreign investment projects(including projects adding capital)after January 1, 2005 shall be carried out in accordance with the Catalogue without exception. As for the foreign investment projects subject to the encouraged category in the Catalogue and transferring the technique, the self-used import equipment within investment amount, with the exception of the commodities listed in the Catalogue of Import Commodities without Exemption from Tax of Foreign Investment Projects, may continuously go through the formalities of exemption from import tariff and import link VAT in accordance with the provisions of the Urgent Notice of the General Administration of Customs on the Implementation of the Circular of the State Council on Adjusting the Taxation Policies of Import Equipment(Shu Shui [1997] No. 1062, hereinafter referred to as the Notice).

2.

For the purpose of ensuring the succession of policy, as for the projects under the category encouraging foreign investment and under the second category restricted from foreign investment approved before April 1,2004 according to the Catalogue of Industries for Guiding Foreign Investment(Edition in 1997)and the projects under the category encouraging foreign investment approved during April 1,2002 to December 31,2004 according to the Catalogue of Industries for Guiding Foreign Investment(Revised in 2004), taxation preferential policies may be still enjoyed continuously according to the provisions of the Notice.

3.

After the implementation of the Catalogue, the code of ˇ°Project Item of Industry Policy Examination and Approvalˇ± shall be ˇ°Hˇ±, for instance, the first item of the first category shall be filled in as: Middle and Low Yield Farmland Reform(H0101); the first item of Article one of the third category shall be filled in as: Storage and Processing of Food, Vegetables, Fruits, Fowls and Livestock(H03010).

The issue concerning the adjustment of the parameter library in the System for Administration of Tax Reduction and Exemption shall be notified separately.

4.

Other matters that this Circular does not mention shall be still implemented in light of the provisions of the Circular of the State Council on Adjusting the Taxation Policies of Import Equipment(Guo Fa [1997] No.37)and the Notice.

It is hereby notified.

Appendix: Catalogue of Industries for Guiding the Foreign Investment(Revised in 2004)