China Catalogs Goods under Export License 2013 (Joint Announcement No. 97, 2012 by the MOFCOM and GACC)

In accordance with China Law on Foreign Trade and Administrative Regulations on Goods Import & Export, hereby promulgated is China Catalog of 2013 on the Goods under Export License.

Relevant matters are announced below:

1. In 2013, Forty-eight (48) kinds of goods shall be subjected to export quota licenses, export quota biddings and export licenses.

(1) The goods subject to export quota licenses include:
Wheat, corn, rice, wheat flour, corn flour, rice flour, cotton, sawn timber, live cattle (to Hong Kong and Macao), live pigs (to Hong Kong and Macao), live chicken (to Hong Kong and Macao), coal, crude oil, refined oil products, rare earth, antimony and antimony products, tungsten and tungsten products, tin and tin products, silver, indium and indium products, molybdenum, and phosphate ore.

(2) The goods subject to export quota biddings include:
Rush and rush products, talc lump (powder), magnesia (magnesite), liquorice and liquorice products.

(3) The goods subject to export licenses include:
Live cattle (to others than Hong Kong and Macao), live pigs (to others than Hong Kong and Macao), live chicken (to others than Hong Kong and Macao), iced fresh beef, frozen beef, iced fresh pork, frozen pork, iced fresh chicken, frozen chicken, ozone layer depleting substances, paraffins, some metals and metal products, platinum (in processing trade mode), automobiles (incl. set of parts/components) and their chassis, motorcycles (incl. all-terrain vehicles) and their engines and frames, natural sand (incl. standard sand), molybdenum products, citric acid, vitamin C, penicillin industrial salt, disodium sulfate, hard coke, silicon carbide, alumina, and fluorite.

2. The live cattle, live pigs and live chicken to Hong Kong and Macao shall be subject to the country/region-specific quota licenses under global licenses; the natural sands to Hong Kong, Macao and Taiwan shall be subject to export licenses, and the standard sands shall be subject to global export licenses.

3. The state-run trading operation shall be carried out on the exports of corn, rice, coal, crude oil, oil products, cotton, antimony and antimony products, tungsten and tungsten products, and silver.

4. As regards the goods subject to export quota biddings, irrespective of the trade modes adopted, any authorized licensor shall issue the export licenses on the strength of the MOFCOM-issued list of successful bidders and their bidden quantity and of the Certificate on Application for Quota-Bidding Export Licenses issued by the bid invitation office.

5. Exports by means of processing trade shall comply with the following rules:

(1) Except those under the (2), (3), (4) and (5) items herein, as regards exports by processing trade of any goods subject to export quota licenses, the licensor shall issue the export licenses on the strength of export quota, the written Approval of Processing Trade Business, and export contracts (original and copy).

(2) As regards re-exports of platinum that are processed from imported materials, the licensor shall issue the export licenses on the strength of the written Approval of Processing Trade Business made by governing provincial authorities, customs declaration forms for import by processing trade, and export contracts (original and copy);

(3) As regards re-exports of paraffins processed from imported crude oil, and re-exports of silver processed from imported silver-bearing materials (except silver powder, unwrought silver and semi-finished silver products), the licensor shall issue the export licenses on the strength of the written Approval of Processing Trade Business made by governing provincial authorities, customs declaration forms for import by processing trade, and export contracts (original and copy);
Therein, the Approval of Processing Trade Business for silver exports shall be upon the strength of the MOFCOM approval documents.

(4) As regards the exports of liquorice and liquorice products by processing trade, the licensor shall issue the export licenses on the strength of the Approval of Processing Trade Business made by governing provincial authorities, the Certificate on Application for Processing-Trade Export Licenses made by China Chamber of Commerce for Import & Export of Medicines & Health Products (CCCMHPIE), customs declaration forms for import by processing trade, and export contracts (original and copy).

(5) As regards re-exports of oil products processed from imported crude oil, the export licenses may be exempted; and exports by processing trade of lubricating oils and their base oils shall be comply with the joint Announcement No. 30 of 2008 by the MOFCOM, the National Development and Reform Commission, and the GACC.

(6) As regards the export licenses under the (1), (2), (3) and (4) items, their expiry dates shall be subject to the export deadline specified on the Approval of Processing Trade Business but shall not exceed December 31 of the year concerned;

Where the specified export deadline therein exceeds December 31 of the year concerned, the exporter shall, within the validity of the former export license, apply for a new export license for a next year, and the licensor shall withdraw and cancel the former license and shall, after deducting the quantity used, issue a new license for the next year based on the specified export deadline, with the former license number indicated in the new license.

6. In accordance with State Council Notice of GuoFa [1996] 2, frontier petty traders, to export quota-bidden goods, ozone layer depleting substance, automobiles and their chassis, motorcycles and their engines/frames as aforementioned, shall apply for export licenses to MOFCOM-authorized licensors;

Where the frontier petty exports are subject to export quota licenses, the authorized provincial authorities shall issue the export licenses on the strength of MOFCOM-issued frontier petty export quotas;

Where the frontier petty traders export others listed in this Catalog of 2013 herein than the mentioned herein, the export licenses may be exempted.

7. For the purpose of web-based verification and cancel of the licenses, as regards the goods exempt from "one license for each batch" management, the licensors must indicate "exempt from one license for each batch" alike in the "remark" column of the export licenses to be issued.

Exemption from "one license for each batch" is applied to:

(1) Exports by foreign-invested enterprises;

(2) Exports by processing trade;

(3) Exports by compensation trade;

(4) Wheat, corn, rice, wheat flour, corn flour, rice flour, live cattle, live pigs, live chicken, beef, pork, chicken, crude oil, oil products, coal, automobiles (incl. set of parts/components) and their chassis, motorcycles (incl. all-terrain vehicles) and their engines and frames.

The export licenses with "exempt from one license for each batch" may be declared to the customs at the same ports for not more than twelve (12) times; the customs shall reject these licenses after their 12 times of declaration even if they have outstanding balances.

8. The sample advertisements of ozone layer depleting substances must be subject to export licenses on their exports.

9. As regards the exports of automobile products by means of ordinary trade, processing trade, frontier trade, and donation, the exporters must obtain export licenses;

As regards the exports of automobile products by means of engineering contracting, the exporters shall obtain export licenses but shall not be restricted in terms of their export qualifications.

10. As regards the goods indicated with ▲ mark in the annex hereto (coke, alumina, silicon carbide, fluorite, manganese), the exporters may apply for export licenses on the strength of export contracts without presenting relevant approvals.

11. Foreign aid by China Government of the goods cataloged herein is not subject to export quota and license.

12. This Catalog herein shall come into force on January 1, 2013 along with the simultaneous repeal of the Catalog of 2012 on the Goods under Export License.


Annexes:

1. Catalog of 2013 on the Goods under Export License (omitted)

2. Catalog of 2013 on the Goods under Export License by Frontier Petty Trade (omitted)


The Ministry of Commerce of China

The General Administration of Customs of China

December 31, 2012