Announcement 108, 2010 on Catalog for 2011 of Goods Exported by Export License

1. The management by export quota license, export-quota tender invitation, and export license may respectively apply to 49 kinds of goods to export in 2011 by virtue of export licenses.

(1) Goods to export by the export quota license include: corn, rice, wheat, corn flour, rice flour, wheat flour, cotton, sawn lumber, live cattle (to Hong Kong/Macao), live pig (to Hong Kong/Macao), live chicken (to Hong Kong/Macao), coal, coke, crude petroleum, petroleum product, rare earth, antimony and its product, tungsten and its product, zinc ore, tin and its product, silver, indium and its product, molybdenum, and phosphate ore.

(2) Goods to export by the export quota tender invitation include: juncaceae and its product, silicon carbide, talc lump/powder, sintered magnesia, alumina, and licorice and its product.

(3) Goods to export by the export license include: live cattle (to markets other than Hong Kong/Macao), live pig (to markets other than Hong Kong/Macao), live chicken (to markets other than Hong Kong/Macao), iced fresh beef, frozen beef, iced fresh pork, frozen pork, iced fresh chicken, frozen chicken, ozone depleting substance, paraffin wax, zinc and zinc base alloy, metal and its product, platinum (by processing trade mode), automobile (including parts/components) and its chassis, motorcycle (incl. all-terrain vehicle) and its motor and frame, natural sand (incl. standard sand), molybdenum product, citric acid, vitamin C, penicillin industrial salt, and disodium sulphate.

2. Live cattle, live pig and live chicken exported to Hong Kong/Macao may be subject to the export quota license for specific countries/regions under the global export license;

Natural sand exported to Hong Kong, Macao or Taiwan may be subject to the export license, and standard sand may be subject to the global export license.

3. The management by State-run trading may apply to the exports of corn, rice, coal, crude petroleum, petroleum products, cotton, antimony and its products, tungsten and its products, and silver.

4. With respect to goods subject to export quota tender invitation, regardless of any trading mode, any authorized certifying organ shall sign and issue relevant export license based on the list of tender-winning enterprises and their tender-winning amount both issued by the Ministry of Commerce (MOFCOM) and on the Certificate of Applying for Export License of Goods by Export-Quota Tender Invitation issued by the Office of Tender Invitation.

5. The following regulations may apply to the following goods exported by the mode of processing trade:

(1) Except the regulations under the following (2), (3), (4) and (5), with respect to goods subject to export quota license, when exported through the processing trade, any certifying organ shall issue relevant export license on the strength of the export quota, the Certificate of Approval of Processing Trade Business, and relevant export contracts (original copies).

(2) With respect to platinum to re-export, which has been processed with imported raw materials, any certifying organ shall issue the export license on the strength of the Certificate of Approval of Processing Trade Business issued by relevant commerce authorities over the operating enterprises, relevant customs declaration forms for import by processing trade, and relevant export contracts (original copies).

(3) With respect to re-exported paraffin waxes that are processed with imported crude petroleum, re-exported silver that are processed with imported silver-containing goods (excl. silver powder, unwrought silver and semi-finished silver products), and zinc or zinc base alloy to export by processing trade, any certifying organ shall issue the export license on the strength of the Certificate of Approval of Processing Trade Business issued by relevant provincial commerce authorities over the operating enterprises, relevant customs declaration forms for import by processing trade, and relevant export contracts (original copies).

Therein, with respect to silver, the certifying organ shall examine the written approval by the Ministry of Commerce, which is required for the issuance of the Certificate of Approval of Processing Trade Business.

(4) With respect to licorice and its products to export, the certifying organ shall issue the export license on the strength of the Certificate of Approval of Processing Trade Business issued by relevant provincial commerce authorities over the operating enterprises, the Certificate of Applying for Export License of Goods by Processing Trade issued by China Chamber of Commerce of Medicine & Health Products Importers & Exporters, relevant customs declaration forms for import by processing trade, and relevant export contracts (original copies).

(5) Re-export petroleum products, processed with imported crude petroleum, may be exempt from the export license of petroleum products.
With respect to lubricating oils/grease and their base oils to export by processing trade, the export procedures may be subject to relevant regulations in the Announcement No. 30, 2008 jointly by the Ministry of Commerce, the National Development and Reform Commission, and the General Administration of Customs.

(6) With respect to the export license described in this Article's items (1), (2), (3) and (4), its expiry date may be subject to the export time limit set down in the Certificate of Approval of Processing Trade Business, but may not exceed December 31 of the same year.

In case that the export time limit in this Certificate exceeds December 31 of the same year, the operating enterprise shall apply to the certifying organ for changing for the new-year export license within the validity period of the former export license.

The certifying organ may reclaim and annul the former export license, and then reissue, after deducting used amount, relevant new-year export license in line with the export time limit set down in the Certificate, meanwhile indicating the number of the former license in the remarks column.

6. According to the State Council's Notice on Issues in Frontier Trade (GuoFa [1996] No. 2), enterprises engaged in petty frontier trade on exporting goods by quota tender invitation, ozone depleting substances, automobiles (incl. parts/components) and their chassis, motorcycles (incl. all terrain vehicles) and their motors/frames, may go through the export license formalities with the MOFCOM-authorized certifying organs as per current regulations.

In the goods (1st-28th categories in the Annex 2) controlled by export license and exported by petty-frontier-trade enterprises, those subject to export quota license may be provided with relevant export license issued by the MOFCOM-authorized frontier provincial commerce authorities according to the MOFCOM-issued export quotas for petty frontier trade.
Except those mentioned herein, other goods listed in the Catalog for 2011 of Goods Exported by Export License may be exempt from export license provided that they are exported by the petty-frontier-trade enterprises.


7. For the purpose of networked verification and cancel of import/export licenses, with respect to goods exempt from "one license for each batch", the certifying organs shall, while making any export license, fill in the "Remarks" column thereof with "exempt from one license for each batch".

Goods "exempt from one license for each batch" include:

(1) Goods exported by foreign-invested enterprises;

(2) Goods exported by processing trade mode;

(3) Goods exported under compensation trade;

(4) Rice, corn, wheat, live cattle, live pig, live chicken, beef, pork, chicken, crude petroleum, petroleum product, coal, automobile (incl. kit of parts) and its chassis, motorcycle (incl. all terrain vehicle) and its motor/frame.

Export licenses with "exempt from one license for each batch" may be reusable, no more than twelve times, for customs clearance at the same port. With respect to the use over twelve times of such export licenses, despite any outstanding balance therein, the Customs may cease to conduct customs clearance with them.

8. With respect to ozone depleting substances, their sample goods for advertising shall be subject to export licenses for export.

9. With respect to exports of automobile products, enterprises concerned shall apply for export licenses in advance when using the modes of ordinary trade, processing trade, frontier trade, and donation trade.
With respect to automobile product exports for contracted projects abroad, enterprises concerned shall apply for export licenses, but without being subject to export qualification.

10. Under foreign aid offered by Chinese Government, any goods in this Catalog may be exempt from the management by quota and license.

This Catalog shall take effect from January 1, 2011 with simultaneous repeal of the Catalog for 2010 of Goods Exported by Export License.

Annex:

1. Catalog for 2011 of Goods Exported by Export License (Omitted)

2. Catalog for 2011 of Goods Exported by Export License through Petty Frontier Trade (Omitted)

The Ministry of Commerce of the People's Republic of China
The General Administration of Customs of the People's Republic of China

December 30, 2010