Laws of the People's Republic of China

Ministry of Commerce

Announcement of the Ministry of Commerce of the People's Republic of China

No. 61

Detailed Rules for Implementation of Import Tariff Quota of Wool and Wool Tops in 2005 were formulated in accordance with Interim Measures on Management of Import Tariff Quota of Agricultural Products (Decree No. 4, 2003 of Ministry of Commerce and State Development and Reform Commission) and are hereby announced.

Ministry of Commerce

September 29, 2004

Detailed Rules for Implementation of Import Tariff Quota of Wool and Wool Tops in 2005

Article 1

For the purposes of managing import tariff quota of wool and wool tops the present rules are formulated in accordance with Interim Measures on Management of Import Tariff Quota of Agricultural Products (Decree No. 4, 2003 of Ministry of Commerce and State Development and Reform Commission).

Article 2

Import tariff quota of wool in 2005 is 287 thousand ton and that of wool tops is 80 thousand ton.

Article 3

All wool and wool tops imported in the mode of trade are brought into management of import tariff quota.

Article 4

The allocation of wool and wool tops in 2005 is carried out in order of arrival. The applicants should apply for import tariff quota of wool or wool tops by import contract of wool or wool tops, or by Processing Trade Approval Certificate and related materials. Ministry of Commerce should, through the authorized organs, distribute Import Tariff Quota Certificate of Agricultural Products for the applicants who meet the requirements in the principle of first coming, first serving. When the accumulated quantity allotted totals tariff quota of 2005, the application will not be accepted.

Article 5

Application Requirements

1.

The applicants should register in industrial and commercial administrations for the record before January 1, 2005 and pass annual examination of industrial and commercial administration;

2.

No record of violation of import provisions in terms of customs, industry and commerce; taxation, quality inspection and foreign exchange; and

3.

No violation of Interim Measures on Management of Import Tariff Quota of Agricultural Products and Rules for Implementation of Import Tariff Quota of Wool and Wool Tops in 2004 issued by Ministry of Commerce and State Development and Reform Commission.

Article 6

Quota applicants should submit their applications to authorization organs authorized by Ministry of Commerce in the enterprises' registration area in the principle of possession management by import contract of wool and wool tops (processing enterprises should also provide Approval Certificate of Processing Trade). The applicants should fill in Application Form of Import Tariff Quota of Wool and Wool tops (see Appendix) and provide above related materials.

Article 7

Quota applicants may obtain Application Form of Import Tariff Quota of Wool and Wool tops in the organs authorized by Ministry of Commerce or download (copy) it from http://www.mofcom.gov.cn/.

Article 8

Quota applicants may apply for tariff quota repeatedly in Gregorian calendar annual year, but must abide by:

1.

The applicants may apply for 300 ton wool or wool tops if they have real achievements in import of wool or wool tops in 2004, their accumulated applied quantity of quota (excluding the import of processing trade, the same below) does not exceed the actual import quantity of 2004 (calculated according to the accumulated quantity in Import Tariff Quota Certificate of Agricultural Products sealed by the customs and received by original certificate-issuing organs), among them the actual import quantity in 2004 is less than 300 ton; and

2.

As for the applicants who have no real import achievements in 2004, their accumulated applied quantity before September 30, 2005 should not exceed 300 ton.

Article 9

After September 30 the end-users who obtained quota may keep on applying for import quota if they fulfill the import quantity stipulated in Article 8 (calculated according to the accumulated quantity in Import Tariff Quota Certificate of Agricultural Products sealed by the customs and received by the original certificate-issuing organs).

Article 10

If the application satisfies the provisions of Article 5 , 8 and 9, the organs authorized by the Ministry of Commerce should make a report through computer internet system of the Ministry of Commerce, and at the same time fax the enterprises' application form to the Ministry of Commerce after examining it and signing name on it. The order of the application should base on the network terminal show managed by the Ministry of Commerce.

Article 11

Ministry of Commerce should inform the examination result to the authorization organs within 5 working days after the receipt of the application and written fax through network.

Article 12

The organs authorized by Ministry of Commerce should distribute Import Tariff Quota Certificate of Agricultural Products to end-users in accordance with the quantity approved by Ministry of Commerce within 5 working days after the receipt of approval notification.

Article 13

Import Tariff Quota Certificate of Agricultural Products is valid within 6 months as of the issuing day, but the time of efficacy must not exceed December 31, 2005. The time of efficacy of Import Tariff Quota of Agricultural Products for processing trade must not exceed the closing date of selling in return of finished export products as stipulated in Approval Certificate for Business of Processing Trade.

Article 14

If the goods are shipped from the starting port before December 31, 2005 and arrive in the next year, the end-user needs to apply for extension to the original certificate-issuing organ with shipping document. The date may not extend the end of February 2006. If the goods belong to processing trade and the import of them have not been fulfilled or the import of all goods have not been fulfilled, the end-user may obtain Import Tariff Quota Certificate of Agricultural Products of the next annual year for un-imported goods by original Tariff Quota Certificate. But the period of validity in newly obtained Quota Certificate must not exceed the closing date of selling in return of finished export products in original Approval Certificate for Business of Processing Trade.

Article 15

If the business of processing trade has any change or extension, a new Import Tariff Quota of Agricultural Certificate should be obtained from original issuing organs on the strength of Change Certification of Approval Certificate of Processing Trade and Import Tariff Quota of Agricultural Products. The period of validity may not exceed the time changed or limited in Change Certificate of Approval Certificate of Processing Trade.

Article 16

If the end-users do not use Tariff Quota within the period of validity fixed in the Quota Certificate, they should return the original Quota Certificate to the original certificate-issuing organ. Ministry of Commerce will recall the quota listed in Quota Certificate and bring them into the tariff quota surplus volume of wool or wool tops.

Article 17

Anyone who forges a contract or materials to defraud Import Tariff Quota Certificate of Agricultural Products should be punished in accordance with related provisions in Interim Measures for Administration of Import Tariff Quota of Agricultural Products.

Article 18

The end-users should submit the first page of Import Tariff Quota Certificate of Agricultural Products sealed by the customs (the page with which the consignees go through the customs formalities) to the original certificate-issuing organ within 20 working days after going through the customs formalities.

Article 19

The interpretation of the present Rules shall be vested in the Ministry of Commerce.

Appendix: Application Form of Import Tariff Quota of Wool or Wool Tops(omitted).