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Administrative Measures On Textile Exports (Interim)

Original Language Title: 纺织品出口管理办法(暂行)

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(September 18, 2006 the Ministry of Commerce released 2006 of 21st come into force on the date of promulgation) first to regulate the textile export order, in accordance with the People's Republic of China's foreign trade law and the People's Republic of China Law on administrative licensing, these measures are formulated.
    Second national textile export of Ministry of Commerce is responsible for the management of work and, in conjunction with the General Administration of customs and administration of quality inspection and adjustment of the textile exports of provisional commodity list for the Administration (hereinafter referred to as the commodity list for the Administration).
    Shall be published by notice in the commodity list for the Administration, including the type of product involved and the tariff number, country or region involved, total implementation time frame and license.
    Article III Ministry of Commerce authorizes provinces, autonomous regions, municipalities, separately listed cities, Xinjiang production and construction Corps and Harbin, Changchun, Shenyang, Nanjing, Wuhan, Guangzhou, Chengdu, XI ' an city business departments (hereinafter referred to as the local commerce authorities) responsible for temporary textile export license management in the region.
    General Administration of quality supervision in accordance with the proposal, provisional authorization listed in the commodity list for the administration of these departments are responsible for issuance of certificates of origin for textiles. Article fourth exporter in these measures refers to the final destination country (area), the export processing trade refers to the actual customs export countries (regions).
    Relating to transit trade, these measures are not applicable.
    Fifth article of the approach of general trade, barter trade, processing and assembling trade, compensation trade, processing with imported materials, bonded factories and other trade of textile export license management.
    From the outside in the area into the free trade zone, export processing zones and other special customs supervision areas, bonded places and are listed in the commodity list for the administration of textiles, Customs does not verify licenses for such goods the actual departure time, in accordance with the relevant provisions of provisional textile export administration imposed on exports to the country (region), the Customs shall permit formalities.
    Listed in the commodity list for the administration of textiles export supervised warehouse (export distribution) exports, customs warehousing link auditing licenses and the period of validity of the permit (departure) exports of the commodity list for the Administration to specify the country (region) shall not remain in the territory. Sixth listed in the commodity list for the administration of textiles, subject to temporary export management system. Department of Commerce license services management, guidance throughout the commercial Administrative Department of the temporary textile export license (hereinafter licence) certification.
    List of issuing agencies, licensing styles and special seals announced separately by the Ministry of Commerce, General Administration of customs, State administration of quality supervision.
    Article seventh foreign trade operators (hereinafter the "operator") listed in the export of the commodity list for the administration of the textile front, to local commerce authorities should apply for a temporary export license approval process and to apply for a license, permit to the customs formalities of Customs Declaration and examination.
    Eighth to appear one of the following items listed in the commodity list for the administration.
    (A) the relevant national or regional restrictions on I textile products; (b) the bilateral agreements provide for temporary management number of textile products. Nineth listed in the commodity list for the administration of temporary textile export license number, assigned by the performance, Protocol, tenders and other configuration to the operator.
    Specific types and quantities determined by the Ministry of Commerce announced separately. Assigned according to the provisions of these measures of performance.
    Protocol specific provisions of the tender, by the Department of Commerce under this approach until further notice.
    If the market changes rapidly, the number of export licenses to use rate is too low or export disorder and other special circumstances, proposal by the Association of textile export industry, the Ministry of Commerce may take temporary measures outside the provisions of the first paragraph of this article, to restore the normal order of export.
    Tenth business operator shall, in accordance with the relevant State Labor, safety and environmental laws and regulations involved in business activities.
    By the relevant departments, failed to perform labor obligations of operators, security and environmental protection, the Ministry of Commerce to cancel the registration in accordance with this article Nineth eligibility for the quantity of temporary export licenses, and recover the full licenses acquired.
11th performance distribution is based on merchandise export performance, calculated according to the following formula to determine the operator of customs export performance under a temporary export license applications (hereinafter applications). = S=Tx (70%xQ1/M1+30%xQ2/M2) =tbl/> which: (a) s for operators can application number; (ii) t for determine of national temporary export license total; (three) Q1 for operators on set limited national (area) export performance, Q2 for operators (Q1 ≠ 0) except set limited national (area) zhiwai of on global of export performance; (four) M1 for national operators on set limited national (area) export performance, M2 is the national operator (Q1 ≠ 0) in addition to limit State (regional) outside the global export performance; (e) the minimum may apply for a number of categories of products from the Ministry of Commerce announced separately.
    Calculated under the above formula can be applied for less than the minimum number of applications, the operator may apply for a number to zero; (vi) is less than the minimum number of applications remaining quantity the principle of giving priority to availability based on performance. 12th article Commerce according to following principles, determine operators related commodity export performance: (a) according to China Customs 10 bit tariff, items Xia of export statistics data; (ii) statistics time range for temporary export license number using annual zhiqian of 12 months; (three) general trade, and processing trade of export performance are by China Customs export statistics amount of 100% calculation; (four) West area enterprise of export performance by China Customs export statistics amount of 150% calculation,
    Central and Northeast old industrial base business export performance calculated on the amount of export statistics by the Chinese customs 130% (v) have a number of affiliates, subsidiaries or holding company of the Group enterprises, according to the actual operators (Enterprise Code) number of statistics, temporary export license number included in the operator name.
    13th Ministry of Commerce according to the above distribution operators may apply for the product types and quantities, in written and electronic form issued in batches to local commerce authorities and posted on the Ministry Web site.
    14th business operator shall be issued by the Ministry of Commerce could apply for categories and the number of permits applied for to the local competent commercial departments within the scope.
    15th may apply for the number within 15 days of the date of release, summary application for operators in the local commerce authorities reported to the Ministry of Commerce and electronic data.
    On receipt of the application at the local departments in charge of Commerce reports and electronic data, within 15 days, the Ministry identified and assigned amount issued a temporary export license operators across the country. 16th number of temporary textile export license may be transferred. Turn so that operators can be found on provisional textile export license number turned the platform (http:\\xk.EC.com.CN), direct manipulation and transfer within the region can also be handled by the local departments in charge of Commerce technology.
    The operators must be registered with the industrial and commercial administration authorities registration, register with the foreign trade departments and perform labor obligations, security and environmental protection.
    17th provisional textile export license shall practise "a certificate", "pass card", valid for a calendar year, valid for 6 months overdue void. Fails to export, you can go through formalities for extension to the original issuing agency, the longest extension of no more than 3 months.
    Delay or change the content license shall again issue a new card.
    18th were for temporary export permit number of the operator during the period of temporary export permit number cannot be fully used, remaining quantity should be approved before September 30 of the year turned in by local competent commercial departments to the Ministry of Commerce. Article 19th due, failure to apply and give up included in the annual number of temporary textile export license number remaining.
    Remaining amount allocated by the Ministry of Commerce in accordance with the relevant provisions of article 11th continued to and issued no later than 75 days prior to the end of the licensing year allocation. 20th were operators of temporary textile export license number, in the above performance allocation is not used within the validity period 20% and less than 30% does not regularly turned over, the Ministry of Commerce than the deduction will be allocated next year.
    Above performance allocation 30% is not used within the validity period has not handed in on schedule, the Ministry of Commerce will be allocated next year according to a double tax. 21st were for temporary export permits operators to apply for a permit, shall fill in the application form and affix its seal.
    Online application should fill out the electronic form and sends it to the corresponding issuing bodies.
    In writing or through the online application, the operator shall at the same time the related export contract sent to the issuing institution.
    22nd certification bodies should receive correct and complete permits effective application, according to the local commerce authorities authorized by the Ministry of Commerce issued a temporary export license number approval documents and electronic data, issue a license within 3 working days. 23rd goods subject to temporary export license management, operators can apply for a temporary export license, should apply to the temporary license-issuing organs authorized by the General Administration of quality supervision certificate of origin of textiles.
    Licensed by the licensing agency to issue certificate of origin of textiles.
    With the license number, the amount, and the certificate of origin should be exactly the same.
    Article 24th by seal Special seal for textiles license license for export clearance procedures; in the importing countries (regions) by Ministry of Commerce electronic data and paper permits and may inspect and release clearance of origin issued by the competent certification body. 25th article customs when you apply for textiles export procedures, auditing licenses stamped with the Special seal for textiles license requirements.
    Textile exports from the statutory inspection, inspection and quarantine certificate issued by the Customs should also let them export customs clearance procedures. Implementing electronic commerce in conjunction with the General Administration of customs license on-line verification. Electronic verification system and related auditing management announced separately.

    26th temporary textile export license may be counterfeited or altered.
    Forged or altered export licensing approval documents or export permit, in accordance with the People's Republic of China Law on foreign trade, the People's Republic of China Customs law and the People's Republic of China administration of import and export of goods and the relevant provisions of the administrative measures on export licenses.
    27th article export samples of, for each batch commodity number not over 50 pieces (containing 50 pieces, and sets, and double, and kg or other commodity units, not including playing, and playing double, and playing sets, and tons number units) of, can from led export license; but belongs to imports country (area) Customs requirements by license release of, operators should in this enterprise can application number range within sent card institutions apply for license.
    28th in State (territory), exhibitors or exhibits of the exhibition, sale of goods exports in the light of the relevant provisions of the administrative measures on export licenses handled; the importing country (region) Customs requirements permits release, in accordance with the relevant provisions of these measures.
    Article 29th operators to circumvent the regulations, goods originating in China through a third country (region) re-exports to provisions of the commodity list for the administration of the country (region), the Ministry of Commerce will be punished according to law, within one year from the date of entry into force of decision of administrative penalty against the operators in all export activities associated with these measures.
    Article 30th unless otherwise provided, to issuance of licenses, law enforcement investigations, verification of certification bodies, as well as for violations of the relevant provisions of this approach releasing authority and forged or altered permit operators of punishment, in accordance with the regulations of the export permits regulations.
    31st through outward processing in the Mainland and non-mainland Chinese origin of textiles do not apply these measures.
    32nd article this way by the Ministry of Commerce is responsible for the interpretation.
    33rd article this way as of the date of promulgation. (The provisional administrative measures on textile exports as of January 1, 2007.
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