Laws of the People's Republic of China

The Ministry of Foreign Trade and Economic Cooperation

Circular of the Ministry of Foreign Trade and Economic Cooperation Concerning the Printing and Distributing the Measures on the Administration of Tea Export Operation

WaiJingMaoGuanFa [1998] No.401

July 22,1998

This set of measures is formulated in order to maintain the order of China's tea export operation, to expand the export of tea, and to promote the development of the economy of tea-producing areas, and in accordance with the relevant provisions of Foreign Trade Law of the People's Republic of China and the Interim Measures on Export Commodities promulgated by the State Council.

Article 1

From August 10, 1998 on, the State will no longer conduct uniform joint operation on tea export, the transaction of which will be stricken by foreign trade companies with the right of tea export as approved by Ministry of Foreign Trade and Economic Cooperation (MOFTEC), manufacturing enterprises with the right of tea export, and MOFTEC approved enterprises with foreign investment. Without approval from MOFTEC, no other enterprises shall operate in tea export. The inter-governmental tea trade with Libya, Tunisia and other countries shall be operated by the export enterprises as designated by MOFTEC.

Article 2

The quota for Oolong tea export to Japan shall be separately listed by MOFTEC, and the relevant export enterprises shall strike transactions in accordance with the coordinating plan of China Chamber of Commerce for Import and Export of Foodstuffs, Native Produce and Animal By-Product.

Article 3

The State shall go on with exercising administration over tea export through planned quotas and export licensing. Various foreign trade administration departments shall make arrangements strictly in accordance with the planned quotas of tea export given by MOFTEC and support the export by the foreign trade enterprises and manufacturing enterprises that have strong operating competence, good profits and famous trademarks for tea export. Only if there are needs and the enterprises have the capacity to export, MOFTEC shall satisfy them in the aspect of export quotas. The licence-granting organs entrusted by MOFTEC shall issue export licences in strict accordance with the relevant provisions concerning the administration of licence of export quotas.

Article 4

The tea export licence of all the companies directly affiliated with various ministries and commissions that have the operational right to export shall be issued by the Administration of Quota and Licensing Requirement Affairs under MOFTEC. The tea export licences of tea export enterprises in various provinces, autonomous regions, municipalities directly administered by the central government and municipalities separetely listed on the State plan shall be issued by various Special Commissioner's Offices of MOFTEC; in particular, Oolong tea export licences shall be issued by MOFTEC Special Commissioner's Offices in Fuzhou and Guangzhou.

Article 5

Tea for export must strictly comply with quality standards. The tea that has already got uniform tea serial number and standard export samples shall not be exported before it has passed commodity inspection in accordance with uniform tea serial number and standard export samples. Green tea shall pass commodity inspection conducted by designated commodity inspection bureaus in Shanghai, Jiangsu, Zhejiang, Ningbo, Anhui, Fujian, Jiangxi, Henan, Hubei, Hunan, Guangdong, Sichuan, Yunnan, Guangxi, Shenzhen and Chongqing; in particular, pearl tea is designated to be inspected by the commodity inspection bureaus in Shanghai, Zhejiang and Ningbo, and no other ports may conduct commodity inspection of green tea.

Article 6

China Chamber of Commerce for Import and Export of Foodstuffs, Native Produce and Animal By-Products shall be responsible for coordinating and offering services to tea export; it's also responsible for deciding the means to coordinate prices for tea export, customers and the market, as well as for reporting in a timely manner to MOFTEC the situation of the implementation and the existent problems.

Article 7

When tea export enterprises are submitting for tea export commodity inspection and applying for tea export licences, they must list the detailed kind of the tea and its HS serial number, and general designations such as 'tea' or 'China tea' shall not be used. Otherwise, various commodity inspection institutions shall not receive submissions for inspection, and licensing organs shall not issue licences.

Article 8

In order to stabilize the channels for tea export and explore new markets for export, the State encourages tea export enterprises to improve the quality of tea for export, develope new kinds of tea for export and build famous trademarks.

Article 9

MOFTEC may grant the right of tea export to the manufacturing enterprises that have reached stipulated standards in producing capacity, operating scale, export supply, technical standard, etc., and priority shall be accorded to manufacturing enterprises owning famous trademarks and tea serial numbers.

Article 10

For export enterprises that violate the present Measures by such means as exporting green tea and other kinds of tea with export licence for red tea, the punishment of public criticism, reduction or cancellation of tea export quota and even cancellation of the right to operate in tea export shall be meted out depending upon the circumstances.

Article 11

The Measures shall enter into force on August 10, 1998. For all previous provisions inconsistent with the present Measures, the present Measures shall prevail.