农产品进口配额暂行管理办法.docx

1、农产品进口配额暂行管理办法The Interim Measures for the Administration of Import Tariff Quotas of Agricultural Products， which have been formulated in accordance with the Foreign Trade Law of the Peoples Republic of China， the Customs Law of the Peoples Republic of China， the Regulations of the Peoples Republic o

2、f China on the Administration of Import and Export of Goods and the Regulations of the Peoples Republic of China on Import and Export Duties and in consultation with the Customs General Administration， are hereby promulgated. The list of agencies authorized by the Ministry of Commerce and the State

3、Development and Reform Commission for the administration of import tariff quotas of agricultural products will be promulgated separately. Lv Fuyuan， Minister of the Ministry of Commerce Ma Kai， Chairman of the State Development and Reform Commission September 27th， 2003 Interim Measures for the Admi

4、nistration of Import Tariff Quotas of Agricultural Products Chapter I General Provisions Article 1 With a view to effectively implementing the administration of import tariff quotas of agricultural products and to establishing the system for administering the import tariff quotas of agricultural pro

5、ducts that is uniform， fair， just， transparent， predicable and nondiscriminatory， the present Measures have been formulated in accordance with the Foreign Trade Law of the Peoples Republic of China， the Customs Law of the Peoples Republic of China， the Regulations of the Peoples Republic of China on

6、 the Administration of Import and Export of Goods and the Regulations of the Peoples Republic of China on Import and Export Duties. Article 2 Within the year of the Gregorian calendar， the State will， pursuant to the quota quantities as promised in Chinas schedule of concession and commitments for t

7、he trade of goods after entry into the WTO， determine the annual quantities of the agricultural products subject to the administration of import tariff quotas permitted to enter the market. The import of agricultural products within the quota quantities will apply the in-quota tax rate， and the impo

8、rt of agricultural products outside the quota quantities will be implemented under the relevant provisions of the Regulations of the Peoples Republic of China on Import and Export Duties. The excess part of bulk cargos shall be implemented pursuant to Paragraph 2 of Article 19 in the present Measure

9、s. Article 3 The categories of agricultural goods subject to the administration of import tariff quotas are： wheat （including powder and grains thereof； hereinafter referred to as wheat）， corn （including powder and grains thereof； hereinafter referred to as corn）， rice （including powder and grains t

10、hereof； hereinafter referred to as rice）， bean oil， colza oil， palm oil， sugar， cotton， wool and wool tops. The corresponding import tax items， tariff serial numbers and applicable tax rates for agricultural goods subject to the administration of import tariff quotas shall be promulgated separately.

11、 Article 4 Wheat， corn， rice， bean oil， colza oil， palm oil， sugar and cotton shall be subject to state-run trade quotas or non-state-run trade quotas. Those subject to state-run trade quotas shall be imported by state-run trade enterprises； those subject to non-state-run trade quotas may be importe

12、d by enterprises with the right of trade， and may also be imported directly by the final users with the right of trade. Wool and wool tops shall be subject to the management of designated import enterprises， which shall be carried out in accordance with the Measures for the Administration of Designa

13、ted Management of Goods Import （No. 21 of the Ministry of Foreign Trade and Economic Cooperation） promulgated by the former Ministry of Foreign Trade and Economic Cooperation. Article 5 Import tariff quotas of agricultural products shall be global quotas. Article 6 Import of agricultural goods in al

14、l trade forms that conform to Article 3 shall be included in the range of tariff quota administration. Article 7 The import tariff quotas of bean oil， colza oil， palm oil， sugar， wool and wool tops shall be subject to the distribution of the Ministry of Commerce. The import tariff quotas of wheat， c

15、orn， rice and cotton shall be subject to the distribution of the State Development and Reform Commission （SDRC） in conjunction with the Ministry of Commerce （MOFCOM）。 Article 8 The MOFCOM and the SDRC will entrust their respectively authorized agencies to handle the following matters： 1） Accepting t

16、he applications and transferring them to the MOFCOM and the SDRC； 2） Accepting the consultations and transferring them to the MOFCOM and the SDRC； 3） Notifying the applicants of any insufficiency in their applications， and offering chances for the applicants to eliminate such insufficiency； 4） Issui

17、ng the Certificates of Import Tariff Quotas of Agricultural Products to the applicants approved. Article 9 The Certificates of Import Tariff Quotas of Agricultural Products are applicable to the imports in the trade forms of general trade， processing trade， barter trade， small-scale border trade， as

18、sistance， donation and other forms. The products entering the bonded warehouses， bonded zones and export processing zones are exempted for the Certificates of Import Tariff Quotas of Agricultural Products. Chapter II Application Article 10 The period for applying for the import tariff quotas of agri

19、cultural goods shall be between Oct. 15th and Oct. 30th of each year （with the exception of the distribution form of drawing the quotas by coming order on the basis of contract）。 The MOFCOM and the SDRC will promulgate the next years total quantity of import tariff quotas of each agricultural goods

20、and the specific conditions for the application therefore as well as the tariff serial numbers and applicable tax rates determined by the Customs Tariff Committee of the State Council on the International Business Daily， the China Economic Herald， the MOFCOM website （） and the SDRC website （） one mo

21、nth before the application period. Bean oil， colza oil， palm oil， sugar， wool and wool tops shall be subject to the promulgation of MOFCOM； and wheat， corn， rice and cotton shall be subject to the promulgation of SDRC. Article 11 The agencies authorized by MOFCOM are in charge of the applications fo

22、r the import tariff quotas of bean oil， colza oil， palm oil， sugar， wool and wool tops within their respective areas. The agencies authorized by SDRC are in charge of the applications for the import tariff quotas of wheat， corn， rice and cotton within their respective areas. Article 12 The agencies

23、authorized by MOFCOM shall， in light of the specific conditions promulgated， accept the applications on bean oil， colza oil， palm oil， sugar， wool， wool tops and the relevant documents submitted， and transfer the qualified applications to the MOFCOM before Nov.30th （with the exception of the distrib

24、ution form of drawing the quotas by coming order on the basis of contract）， with the copies thereof sent simultaneously to the SDRC. The agencies authorized by SDRC shall， in light of the specific conditions promulgated， accept the applications on wheat， corn， rice， cotton and the relevant documents

25、 submitted， and transfer the qualified applications to the SDRC before Nov.30th， with the copies thereof sent simultaneously to the MOFCOM. Chapter III Distribution Article 13 Import tariff quotas shall be distributed on the basis of the quantity applied for by the applicants， their previous import

26、performance， production capacity and other relevant commercial standards or on the basis of the form of drawing by coming order. The minimum quantity of distribution shall be determined on the basis of the commercially feasible shipping quantity of each category of agricultural products. Article 14

27、The MOFCOM and the SDRC will， before Jan. 1st of each year， issue to the final users the Certificates of Import Tariff Quotas of Agricultural Products via their respectively authorized agencies， to which the “Special Seal of the MOFCOM for Certificate of Import Tariff Quotas of Agricultural Products

28、” and the “Special Seal of the SDRC for Certificate of Import Tariff Quotas of Agricultural Products” shall be affixed. The quotas for state-run trade shall be indicated on the Certificate of Import Tariff Quotas of Agricultural Products. Chapter IV Valid Term Article 15 The annual import tariff quo

29、tas of agricultural goods shall be implemented from Jan. 1st of each year， and shall be valid within the year of the Gregorian calendar. The Certificates of Import Tariff Quotas for Agricultural Products shall be valid from Jan. 1st to Dec. 31st of its current year. The valid term of the Certificate

30、s of Import Tariff Quotas for Agricultural Products subject to the distribution form of drawing by coming order on the basis of contract shall be carried out in accordance with the detailed implementation rules promulgated. Article 16 For the agricultural products subject to import tariff quotas tha

31、t are shipped out from the departing port before Dec. 31st of the year and shall arrive at the destination in the next year， the final user shall， by presenting the Certificate of Import Tariff Quotas of Agricultural Products and the relevant certifications， apply for term extension to the original

32、agency that has issued the certificate. The said agency may extend the term after having examined the case， but the term may not be extended to a time later than the end of February of the next year. Chapter V Implementation Article 17 The final users shall， pursuant to the relevant provisions of the State on import of the commodities concerned， sign the import contracts by themselves or entrust others to sign the contracts.