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CIRCULAR OF THE STATE COUNCIL CONCERNING THE ADJUSTMENT IN THE TAXATION POLICY OF IMPORT EQUIPMENT

    For purposes of further expanding foreign capital utilization, inducting
advanced technologies and equipment from abroad, promoting adjustments in
industries structures and technological advancement and maintaining the
sustained, rapid and healthy development of the national economy, the State
Council has decided that as of January 1, 1998, tariffs and import link
value-added tax shall be exempted within the prescribed scope with respect
to import equipment of domestic investment projects and foreign business
investment projects the development of which is encouraged by the state.
The relevant questions are hereby notified as follows:

    I.Scope of Tax Exemption for Import Equipment

    (1)Tariffs and import link value-added tax shall be exempted with respect
to import equipment for their own use within the total amount of investment
in foreign business investment projects that transfer technology and are
consistent with the category of encouragement and the restricted B category
under the Catalog of Industries Guidance for Foreign Business Investment,
with the exception of commodities listed in the Catalog of Import Commodities
for Foreign Business Investment Projects with no Tax Exemption.

    Reference shall be made to the preceding paragraph in the implemenation
of the import equipment for their own use by projects utilizing foreign
government loans and loans of international financial institutions and
import equipment provided by foreign businesses for processing trade without
evaluation, that is, tariffs and import link value-added tax shall be exempted
with the exception of the commodities listed in the Catalog of Import
Commodities for Foreign Business Investment Projects with no Tax Exemption.

    (2)Tariffs and import link value-added tax shall be exempted with respect
to import equipment for their own use within the total amount of investment
of domestic investment projects in line with the Current Catalog of Key
Industries, Products and Technologies the Development of Which is Encouraged
by the State, with the exception of the commodities listed in the Catalog of
Import Commodities for Domestic Investment Projects with no Tax Exemption.

    (3)Tariffs and import link value-added tax shall likewise be exempted
with respect to technologies and matching components and parts imported
alongwith the equipment in accordance with the contracts for projects in line
with the aforesaid provisions.

    (4)Tax reduction and exemption for import equipment outside the aforesaid
prescribed scope shall be decided upon by the State Council.

    II.Administration of Tax Exemption for Import Equipment

    (1)Existing relevant provisions of the state shall still be observed
in terms of examaination and approval authority and procedures for feasibility
study of investment projects. Above-ceiling projects shall be subject to
examination and approval by the State Planning Commission or the State
Economic and Trade Commission respectively. Below-ceiling projects shall
be subject to examination and approval of people's governments at the
provincial level, the departments concerned under the State Council, people's
governments of municipalities listed as independent units in state plans and
enterprise groups undergoing experiment by the state authorized by the
State Council. However, foreign business investment projects shall be
subject to examination and approval in pursuance of the Interim Provisions
for Direction Guidance for Foreign Business Investment. In making official
replies to feasibility studies, the examination and approval authorities
shall issue a letter of confirmation in uniform format for projects in line
with the encouragement category and the restricted B category of the
Catalog for Guidance for Foreign Business Investment Industries, or the
Current Catalog of Key Industries, Products and Technologies the development
of which is Encouraged by the State, or projects utilizing foreign government
loans and loans of international financial institutions. For below-ceiling
projects, the letter of confirmation shall be submitted along with the
feasibility study according to the nature of investment in the project to
the State Planning Commission or the State Economic and Trade Commission
respectively for the record. Units violating the provisions of examination
and approval shall be dealt with seriously.

    (2)A project unit shall complete the formalities for import duty
exemption at the competent custom office on the strength of the letter of confirmation issued by the examination and approval authority of the project
feasibility study, among them foreign business investment projects must
go through the formalities on the strength of approval documents for the
establishment of enterprises of the departments of foreign economic relations
and trade and the business licenses issued by the departments of industry and
commerce administration. Units of processing trade shall go through the
formalities of import duty exemption for the import of equipment provided
by foreign businesses without evaluation on the strength of the approved
contract for processing trade. The customs office shall carry out examination
and verification in accordance with those formalities and with reference to
the Catalog of Commodities not Eligible for Tax Exemption.

    (3)The General Administration of Customs shall make uniform numbers,
establish a data bank, strengthen auditing, enforce stringent supervision and
control over projects approved for tax exemption and actively cooperate with
the departments concerned in conducting successful verification.

    (4)All units concerned should pay attention to the simplification of operations links and examination and approval procedures, accelerate the
speed of examination and approval so as to ensure the implementation of this major policy of tax exemption and render it effective.

    III.Tax Exemption for Import Equipment for Transfer Projects

    (1)For import equipment for technological transformation projects
approved in accordance with the prescribed procedures of the state prior to
March 31, 1996, import duty and import link value-added tax shall be exempted
as of January 1, 1998 according to the scope of tax reduction and exemption
for equipment previously approved. The project units shall go through the
formalities of tax exemption at the competent customs office on the strength
of the original approval documents.

    (2)For import equipment for foreign business investment projects and
domestic investment projects the establishment of which was approved in
accordance with the prescribed procedures of the state between April 1, 1996
and December 31, 1997, as well as the import equipment for projects
utilizing foreign government loans and loans of international financial
institutions, the import duty and import link value-added tax shall be
exempted as of January 1, 1998 with the exception of the import commodities
not eligible for tax exemption expressly defined by this Provision. The
project units shall go through the formalities of tax exemption at the
competent customs office on the strength of the original approval documents.