GACC Announcement No.50, 2013 on Mid & West Foreign-Invested Industries Catalog 2013
[2013-09-05 16:11:13]
Upon approval by the State Council of China, the National Development & Reform Commission and the Ministry of Commerce jointly issued the China Catalog (2013 Revision) Of Middle & Western Regions' Competitive Industries With Foreign Investment (as the 2013 Catalog hereinafter), which has been effective since June 10, 2013.
Relevant matters are hereby announced:
1. As regards the foreign-invested projects approved on and after June 10, 2013 under the 2013 Catalog, China Customs shall grant them the import tax preferences as for state-encouraged foreign-invested projects;
The imports of self-use equipment, relevant technologies and accessories shall be exempted from duties but still be subjected to import value-added tax (VAT) as per State Council Notice (GuoFa [1997] 37) and GACC Announcement No. 103 of 2008.
2. Following the 2013 Catalog implementation, in relevant Letters of Project Confirmation, the code "P" shall be applied to the "Project Industrial Policy Approval Item". For example, Shanxi Province's No. 7 Item shall be as "Coalbed Methane and Coal Accompanying Resources Comprehensive Exploitation (P1407)", and the project nature shall remain as "I: Middle and West Foreign-Invested Competitive Industries and Projects".
3. As regards the foreign-invested projects approved on and before June 9, 2013 under the 2008-Revision Catalog of this kind, the imports of self-use equipment, relevant technologies and accessories may still refer to State Council Notice (GuoFa [1997] 37) and GACC Announcement No. 103 of 2008.
Relevant project operators shall apply to the customs for registration of tax reliefs by the end of June 30, 2014 by submitting the official Confirmation of Domestic or Foreign-Invested Projects Encouraged by the State (its "Project Industrial Policy Approval Item" may adopt previous formats and codes); if being overdue, their application shall not be accepted by the customs.
4. As regards the under-construction foreign-invested projects that are unlisted in the 2008-Revision Catalog, where being compliant with the 2013 Catalog, the project operators may apply to the competent authority for reissue of the Confirmation of Domestic or Foreign-Invested Projects Encouraged by the State.
After obtaining the Confirmation aforesaid, the under-construction project operators may declare to the customs for the import tax preferences for the imports of self-use equipment, relevant technologies and accessories; but the tax already paid for such equipment shall not be returned.
Annex: Catalog (2013 Revision) Of Middle & Western Regions' Competitive Industries With Foreign Investment (omitted)
The General Administration of Customs of China (GACC)
August 20, 2013
Relevant matters are hereby announced:
1. As regards the foreign-invested projects approved on and after June 10, 2013 under the 2013 Catalog, China Customs shall grant them the import tax preferences as for state-encouraged foreign-invested projects;
The imports of self-use equipment, relevant technologies and accessories shall be exempted from duties but still be subjected to import value-added tax (VAT) as per State Council Notice (GuoFa [1997] 37) and GACC Announcement No. 103 of 2008.
2. Following the 2013 Catalog implementation, in relevant Letters of Project Confirmation, the code "P" shall be applied to the "Project Industrial Policy Approval Item". For example, Shanxi Province's No. 7 Item shall be as "Coalbed Methane and Coal Accompanying Resources Comprehensive Exploitation (P1407)", and the project nature shall remain as "I: Middle and West Foreign-Invested Competitive Industries and Projects".
3. As regards the foreign-invested projects approved on and before June 9, 2013 under the 2008-Revision Catalog of this kind, the imports of self-use equipment, relevant technologies and accessories may still refer to State Council Notice (GuoFa [1997] 37) and GACC Announcement No. 103 of 2008.
Relevant project operators shall apply to the customs for registration of tax reliefs by the end of June 30, 2014 by submitting the official Confirmation of Domestic or Foreign-Invested Projects Encouraged by the State (its "Project Industrial Policy Approval Item" may adopt previous formats and codes); if being overdue, their application shall not be accepted by the customs.
4. As regards the under-construction foreign-invested projects that are unlisted in the 2008-Revision Catalog, where being compliant with the 2013 Catalog, the project operators may apply to the competent authority for reissue of the Confirmation of Domestic or Foreign-Invested Projects Encouraged by the State.
After obtaining the Confirmation aforesaid, the under-construction project operators may declare to the customs for the import tax preferences for the imports of self-use equipment, relevant technologies and accessories; but the tax already paid for such equipment shall not be returned.
Annex: Catalog (2013 Revision) Of Middle & Western Regions' Competitive Industries With Foreign Investment (omitted)
The General Administration of Customs of China (GACC)
August 20, 2013
Source: ETCN
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