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 on Issuing the Classified Licensing Catalogues of the Commodities Subject to Import Licenses Administration of 2003 and the Issues Concerned

WaiJingMaoPeiFa [2002] No.586

December 20, 2002

The commissions (departments, bureaus) of foreign trade and economic cooperation of the provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan, the accredited representative's offices of the Ministry of Foreign Trade and Economic Cooperation, and the import and export chambers of commerce:

The Catalogues of the Commodities Subject to Import Licenses Administration of 2003 have been promulgated, and the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) has adjusted the issuing bodies of import license, according to the requirements for the administration of some important commodities and to the principle of convenience for the enterprises' drawing of license nearby, and has determined the classified licensing catalogues of commodities subject to import license administration of 2003. The adjusted classified licensing catalogues (see the attachment) are hereby issued and the relevant matters are hereby notified as follows:

I.

For the convenience of the enterprises to draw the license, any central enterprise that imports commodities as an agent of the locality may draw the license from the nearby quota and license affaires office.

II.

A local enterprise that imports the commodities subject to import license administration shall draw the license, according to the principle of territory of the quota, from the corresponding issuing body.

III.

If an enterprise of Beijing imports commodities for which the license shall be issued by the accredited representative's office of Tianjin, it may draw the license from a nearby quota and license affaires office.

IV.

The issuing bodies shall issue the import license strictly in accordance with the classified import licensing catalogues, and are prohibited from issuing licenses beyond the authority, without the approval documents or exceeding the quota. Any rule-breaking issuing body will be punished pursuant to the relevant provisions.

V.

The issuing bodies shall issue the import license strictly in accordance with the Measures for the Administration of Import License of Goods.

VI.

The special provisions, if there are any, on commodities subject to import license administration shall be observed in the handling; for the import of complete automobiles, customs declarations shall be made at the ports of Dalian, Tianjin, Shanghai, Huangpu, Huanggang and Manzhouli as designated, the issuing bodies shall issue the import license according to the port of declaration designated.

VII.

In order to guarantee the implementation of the network check of import licenses, for the commodities not governed by "One Approval and One Certificate", the issuing bodies shall indicate in the "Remarks" on the license "Not Subject to One Approval and One Certificate" when issuing the import license.

VIII.

For the import of commodities subject to import license administration in border areas by small scale border trade, the enterprises shall apply for the import license with the issuing bodies authorized by MOFTEC pursuant to the Circular on the Relevant Issues of Border Trade (GuoFa [1996] No.2) and the Supplementary Circular on Further Developing Border Trade (WaiJingMaoZhengFa [1998] No.844).

IX.

When the system of on-line application for license is widely spread in 2003, the issuing bodies shall implement that system pursuant to the document WaiJingMaoPeiFa [2002] No.579.

This Circular shall enter into force as of January 1, 2003, the Classified Licensing Catalogues of Commodities Subject to Import License Administration of 2002 shall be repealed at the same time. Where any documents previously issued conflict with this Circular, the latter shall prevail.

This is hereby the notification.

Attachment:Classified Licensing Catalogues of Commodities Subject to Import License Administration of 2003

I.

Catalogue of commodities licensed by quota and license affaires offices

1.

Product oil, including gasoline, naphtha, coal oil (aviation coal oil, coal oil for light use), diesel oil, paraffin oil and fuel oil

2.

Automobiles and key parts thereof

Remarks: For general trade import of the commodities specified in Item 2 by special economic regions, Guangdong Province and Hainan Province, import by foreign-funded enterprises of the country, or donation by overseas Chinese and compatriots from Hong Kong, Macao and Taiwan, the licenses shall be drawn from the accredited representative's offices

3.

Controlled chemicals

4.

Chemical products liable to producing narcotic drugs

5.

Production equipment of compact discs;

6.

Natural rubber

Remarks: for the commodities specified in Item 6, licenses will only be issued to the ministries and commissions under the State Council, central enterprises and enterprises of Beijing

7.

Automobile tires;

8.

Materials exhausting ozonosphere

Remarks: for the commodities specified in Items 7 and 8, licenses will only be issued to the ministries and commissions under the State Council, and central enterprises

II.

Catalogue of commodities licensed by the accredited representative's offices

1.

Automobiles and the key parts thereof

Remarks: for the commodities specified in Item 1, licenses will only be issued to the foreign-funded enterprises of the contact regions and to the special economic regions for self-use

2.

Fuel oil

3.

Natural rubber

III.

Catalogue of commodities licensed by the issuing bodies at provincial level

1.

Automobile tires

2.

Materials exhausting ozonosphere