Administration Measures On Goods Automatic Import Permission

[2008-12-23 17:04:40]

  Article 1 For the purposes of supervising the import of some goods, regulating the administration of goods automatic import permission, the said measures are formulated in accordance with Foreign Trade Law of the People's Republic of China and Management Regulations of Goods Import and Export of the People's Republic of China.

  Article 2 The said measures apply to foreign trade managers or other units engaged in goods import and export to import the goods listed in Goods Catalogue of Automatic Import Permission Administration to the territory of the People's Republic of China.

  Article 3 Ministry of Commerce of the People's Republic of China (MOC) carries out automatic import permission administration to some imported goods according to the requirements of goods import supervision. The catalogue should be published 21 days before the implementation. Goods Catalogue of Automatic Import Permission Administration in force is enclosed (see Appendix I).

  Article 4 Goods Catalogue that is carried out automatic import permission administration, including the name of goods, commodity code of the customs, are determined and readjusted by Ministry of Commerce together with General Administration of Customs and other related administrations. The catalogue is published by Ministry of Commerce in the form of announcement.

  Article 5 Ministry of Commerce authorizes Quota license bureau, commissioner offices of the Ministry of Commerce to local areas, competent commercial (foreign economic and trade) administrations of provinces, autonomous regions, municipalities under the Central Government, cities specifically designated in the state plan and departmental and local mechanical and electrical import and export administrations (hereinafter referred to as "license issuing administrations") to be responsible for the administrating and issuing goods automatic import permission. Name List of License Issuing Administrations at different levels for Automatic Import Permission is enclosed (see Appendix II).

  Article 6 Automatic Import License (sample form is in Appendix III) and special stamp for automatic import license (sample stamp is in Appendix IV) are made and distributed to license issuing administrations by Ministry of Commerce. License issuing administrations should appoint a special person to keep the license and stamp for special use.

  Article 7 If the goods belong to automatic import permission administration, the consignees should submit an application for Automatic Import License to local or corresponding license issuing administrations and obtain Automatic Import License before they declare at customs.

  If applying for import of the goods that should be purchased by bidding in accordance with laws and regulations, the consignees should invite tenders in accordance with laws.

  The customs carries out declaration formalities by Automatic Import License with an affixed special seal for automatic import license. The banks carry out foreign exchange selling and payment by Automatic Import License.

  Article 8 The consignees should submit following materials when they apply for Automatic Import License:

  1. Consignees' qualifications of being engaged in goods import and export, documents of registration for record or approval certificate of foreign invested enterprises (Above certificates and documents are submitted by the applicants who make their first application in a Gregorian calendar year);

  2. The Application Form for Automatic Import License (See model form in Appendix V);

  3. The contract of goods import;

  4. If the import is carried out by entrusted agencies, the entrusted agreement of import (Reserved copy) should be submitted.

  5. If the use or final users of import goods are stipulated specially by laws and regulations, the certificates of the use of imported goods or the final users that accord with national regulations should be submitted;

  6. The materials that should be submitted listed in Catalogue aiming at different goods;

  7. Other materials that should be submitted stipulated by Ministry of Commerce.

  The consignees should be responsible for the truthfulness of their materials and assure their business accord with national laws.

  Article 9 The consignees may make a written application for Automatic Import License directly to License Issuing Administrations, or make applications through internet.

  Written application: The consignees may obtain in license issuing administrations or download the Application Form of Automatic Import License (may copy it) and other related materials. Fill in the form in accordance with the requirements. Submit it to license issuing administrations together with other materials stipulated by the said measures by sending, posting or other suitable ways.

  Application through internet: The consignees should apply for electronic key for enterprises' status attestation in License Issuing Administrations. When they make an application, they should enter related application system, fill in Application Form for Automatic Import License according to the fact on the line, and at the same time submit related materials stipulated by the said measures.

  Article 10 If the application is correct and complete, License Issuing Administrations should issue Automatic Import License within 10 working days after the receipt of the application.

  Article 11 If the consignees meet the requirements of national laws and regulations about being engaged in the goods of automatic import permission, they may apply for and obtain Automatic Import License.

  Article 12 If the consignees import automatic permission goods by following ways, they may be excused from obtaining Automatic Import License.

  1. Import and re-export goods under the item of processing trade (exclude crude oil and product oil);

  2. Foreign invested enterprises import goods for Investment or production for their own use within the sum of investment;

  3. The value of Import of sample goods for advertisement and experiment is no more than 5 thousand yuan every lot;

  4. Temporary imported goods under customs supervision;

  5. Other goods excused from obtaining Automatic Import License in accordance with national laws and regulations.

  Article 13 The said measures do not apply to the goods that enter the bonded areas, export processing zones, other special areas under customs supervision and the goods that belong to the administration of automatic import permission and enter into bonded warehouses and bonded logistic centers. If any one imports the goods of automatic import permission administration from bonded areas, export processing zones, special areas under customs supervision, bonded warehouses and bonded logistic centers, Automatic Import License should be obtained except the provision of Article 12 of these measures.

  Article 14 If the goods of automatic permission administration are imported for processing trade, the goods should be re-exported in accordance with related rules. If the goods could not be re-exported but changed for domestic market, Automatic Import License should be applied for and obtained in accordance with present approval procedures of processing trade for domestic market. Please see concrete provisions for applying for and obtaining Automatic Import License in Goods Catalogue of Automatic Import Permission administration.

  Article 15 If the goods of automatic import permission administration are taken temporary measure of import embargo or quantity control by the state, Automatic Import License is stopped to be issued as of the effective date of the temporary measures.

  Article 16 If the consignees have obtained Automatic Import License, but have not used it, they should hand it back to license issuing administrations within effective date and explain the reasons. License issuing administrations should cancel Automatic Import License returned by the consignees.

  If Automatic Import License is lost, the consignees should report the loss of it to license issuing administrations and the customs of the import port indicated in the license. License issuing administrations will issue a new license at receipt of the report for loss and verifying there is no harmful consequence.

  License issuing administrations may recall and cancel Automatic Import License if it is not obtained one month after the issuing date.

  Article 17 The customs will grant clearance without license for bulk cargo that less or more quantity is within ±5 per cent in total quantity and for bulk cargo of crude oil, product oil, chemical fertilizer and steel products that less or more quantity is within ±3 per cent in total quantity.

  Article 18 Ministry of Commerce carries out the administration of "a lot a license" for the goods under the item of Automatic Import License in principle. For some goods, they may carry out the administration of "non a lot a license".

  "A lot a license" means that the same Automatic Import License must not be used for customs declaration for different lots of goods. If the different lots of goods are under the same import contract item, the consignees may apply for and obtain more Automatic Import Licenses.

  "Non a lot a license" means the same Automatic Import License may be used for customs declaration for different lots of goods within effective date, but no more than six times totally. The customs keeps a copy after writing comments on the Column of Customs Clearance Comments and preserves the reserved copy after the last use of it.

  To the large quantity of bulk goods administered by "non a lot a license, the quantity should be verified and cut from the quota in Automatic Import License according to actual imported quantity when every lot of goods are imported. The overfill quantity is calculated according to actual left quantity in Automatic Import License and within the stipulated upper limit.

  Article 19 Automatic Import License is effective within Gregorian calendar year for six months.

  Article 20 If Automatic Import License needs to be extended or altered, it should be handled again in original license issuing administration. The old license is cancelled at the same time and the number of it is notified in the remarks column of the new license.

  If Automatic Import License of "non a lot a license" needs to be extended or altered, After verification and deducting the quantity that have gone through customs declaration in the old license, license issuing administrations issue a new license according to the left quantity.

  Article 21 Whoever imports automatic import permission administration goods by himself without obtaining Automatic Import License will be punished by the customs in accordance with related provisions of laws and administrative regulations. Whoever commits a crime will be ascertained criminal responsibility.

  Article 22 Whoever obtains Automatic Import License by faking, altering, buying and selling Automatic Import License or cheating will be punished in accordance with laws and administrative regulations. Whoever commits a crime will be ascertained criminal responsibility in accordance with laws.

  Article 23 Detailed implementing rules of management of issuing automatic import license will be formulated later by Ministry of Commerce in accordance with the said measures.

  Article 24 The interpretation of the said measures shall be vested in Ministry of Commerce and General Administration of Customs.

  Article 25 The said measures come into effect as of January 1, 2005. Related administration rules formulated before that do not accord with the said measures should take these measures as criterion.

Source: 盖世汽车网
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