Rules for Implementation of Issuing Automatic Import License for Auto Products

　　Article 1 For the purposes of supervising effectively the import of auto products, safeguarding and regulating normal order of domestic auto market, the said detailed rules are formulated in accordance with Management Measures on Import of Mechanical and electrical Products and Management Measures on Goods Automatic Import Permission.

　　Article 2 The auto products referred to in these detailed rules mean whole automobile, complete set of auto spare parts, spare parts assembly or system that constitute the features of an automobile, auto parts assembly or system and key auto spare parts. Detailed name and code of the commodities are in Commodity Catalogue of Goods Automatic Import Permission.

　　Article 3 Ministry of Commerce is responsible for the management of automatic import permission of auto products. Automatic Import License for the auto products that are managed by Ministry of Commerce in Commodity Catalogue of Goods Automatic Import Permission is issued by Ministry of Commerce. Automatic Import Licenses for other auto products are issued by local or departmental mechanical and electrical import and export office.

　　Article 4 The importers should apply for Automatic Import License to Ministry of Commerce or its authorized local or departmental mechanical and electrical organs （hereinafter referred to as "license issuing organs" before they make declaration to the customs when they import auto products listed in Commodity Catalogue of Goods Automatic Import Permission by means of general trade, barter, small frontier trade, renting, assistance, presentation and contribution.

　　Article 5 Beside the materials stipulated in Article 8 of Commodity Catalogue of Goods automatic Import Permission, the units that apply for import of auto products should submit following materials in case of following:

　　1. Whoever applies for import of automobile for sales should submit authorization certificate of automobile brand distribution （submit it when making the first application in the Gregorian calendar year）.

　　2. If the applicants apply for import of automobiles for self-use, they should submit business license of the enterprise or the certificate of the organization or organ （copy）. If they apply for import of automobiles for self-use by means of assistance, representation and contribution, they should submit business license of the enterprises or the certificate of the organization or organ （copy） and related certificates of assistance, representation and contribution.

　　3. If auto production enterprises apply for import of complete set of spare parts （including SKD and CKD）, parts assembly （system） for auto production, they should submit the Announcement of Road Auto Production Enterprises and Products in which the model of the auto they produced are listed.

　　Import units should be responsible for the truthfulness of the materials they submitted, and assure their business activities accord with the provisions of national laws and administrative regulations.

　　Article 6 May Applying for Automatic Import License of auto products through computer website or submit written application to license issuing organs.

　　Applying through website: The units who apply for import may enter the website authorized by Ministry of Commerce （www.chinabidding.com）, enter license network application system, fills in the Import Application Form of Mechanical and electrical Products in accordance with the requirements strictly according to the facts, and at the same time provide related materials stipulated in Article 5 of the said detailed rules.

　　Written application: The units who applies for import may obtain Import Application Form of Import of Mechanical and Electrical Products directly from the license issuing organs or download it from the website authorized by Ministry of Commerce （www.chinabidding.com） and the form may be copied. Then fill in the form in accordance with the requirements and submit it to the license issuing organs together with other materials stipulated in the said detailed rules by sending, posting or other ways.

　　Article 7 If the auto products listed in Commodity Catalogue of Goods Automatic Import Permission belong to the management of Ministry of Commerce, the application materials should be verified by local or departmental mechanical and electrical organs. At the receipt of all the application materials, local or departmental mechanical and electrical organs should verify at once, within no more than three working days. After the verification, they should submit the materials to the Ministry of Commerce. Ministry of Commerce should issue Automatic Import License at once after receiving correct and completed application. If the case is special, it should not exceed ten working days.

　　Article 8 If the auto products listed in Commodity Catalogue of Goods Automatic Import Permission belong to the management of local or departmental mechanical and electrical organs, local or departmental mechanical and electrical organs should issue Automatic Import License at once after receiving correct and completed application. If the case is special, it may prolong at most ten working days.

　　Article 9 After verification of related organs, if the auto spare parts belong to the ones constitute the features of a whole automobile, Ministry of Commerce should mark "constitute the feature of a whole automobile" in the remarks column of issued Automatic Import License.

　　Article 10 The auto products of processing trade import should be re-exported in accordance with rules. If the auto products under the management of Ministry of Commerce can't be re-exported and need to be sold in domestic market for some reasons, the applicants should make an application to Ministry of Commerce in accordance with related rules of general trade. Ministry of Commerce issues Automatic Import License. As for other auto products, the operation enterprises make applications to local or departmental mechanical and electrical organs. Local or departmental mechanical and electrical organs issue Automatic Import License. All provincial competent organs of processing trade issue Approval Certificate of Bonded Imported Materials and Parts of Processing Trade for Domestic Market by Automatic Import License in accordance with related provisions of Management Measures on Approving Auto Processing Trade and Sales for Domestic Market.

　　If the auto products in export processing region need to be sold out for domestic market, the importers should handle Automatic Import License in accordance with the said detailed rules.

　　Article 11 If foreign invested enterprises import self-use automobiles （whole ones）, they should go through import formalities in accordance with related rules.

　　Article 12 The customs handles clearance formalities by Automatic Import License with a special seal of automatic import permission of mechanical and electrical products. The banks sell and pay foreign exchange by Automatic Import License.

　　Article 13 Automatic Import License of auto products is managed in the ways of " a lot a license" or "non a lot a license".

　　Article 14 Automatic Import License of auto products is valid for six month and only within this Gregorian calendar year.

　　The content of Automatic Import License could not be altered.

　　If Automatic Import License needs to be extended or altered, a new one should be issued and the old one should be returned to license issuing organs and be cancelled.

　　Article 15 If Automatic Import License of auto products could not be used or has not been used up in the time of efficacy, it should be sent back to license issuing organs.

　　Article 16 If Automatic Import License is lost, the applicants should report the loss of it at once to license issuing organ and the customs of the import port that indicated in the license. If there is no harmful consequence after verification, the license issuing organs may issue a new license again. If it causes a harmful consequence, a warning is given to the applicant or Automatic Import License suspends to be issued according to the influence.

　　Article 17 Whoever does not apply for Automatic Import License in accordance with the said detailed rules, imports auto products under the management of automatic import permission without permission will be punished in accordance with related laws, administrative regulations. Whoever commits a crime will be ascertained criminal responsibility.

　　Article 18 Whoever fakes, alters or buys and sells Automatic Import License of auto products, or obtains the license by cheating and other illegal ways will be punished in accordance with related laws, administrative regulations. Whoever commits a crime will be ascertained criminal responsibilities in accordance with laws.

　　Article 19 The interpretation of the said detailed rules shall be vested in the Ministry of Commerce.

　　Article 20 The said detailed rules will come into effect as of January 1, 2005