Administrative Measures On Automatic Import Licensing

Original Language Title: 货物自动进口许可管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
(December 10, 2004, the Ministry of Commerce, General Administration of Customs released 2004 of 26th come into force on January 1, 2005) imposed on certain goods imported under first in order to effectively monitor, regulate the automatic import license administration, in accordance with the People's Republic of China's foreign trade law and the People's Republic of China import and export regulations, these measures are formulated.     Article imports of goods in foreign trade operators or other unit, belonging to the automatic import license administration within the catalogue of goods goods, imported into People's Republic of China territory, these measures shall apply. Article People's Republic of China's Ministry of Commerce (MOFCOM) according to the need to monitor imports, imports of certain goods subject to automatic licensing management and announced at least 21 days before the implementation of its catalog.     Existing automatic import license management catalogue of goods is attached (see annex I). Fourth list of goods subject to automatic import license administration, including specific goods, the customs commodity code, determined and adjusted by the Ministry of Commerce in collaboration with the General Administration of customs and other relevant departments.     The list published by the Ministry of Commerce in the form of announcement. Fifth Ministry of commerce around the Office of the authorized quota licensing Bureau, Department of Commerce offices in all provinces, autonomous regions, municipalities, separately listed cities business (foreign trade) and local authorities and departments of mechanical and electrical products import and export Agency (hereinafter referred to as certification bodies) responsible for automatic import licensing of the goods management and automatic import license issuance.     The list of issuing automatic import license classification is attached (see annex II). Article sixth of the automatic import license (form see annex III) and the Special seal for automatic import license (see annex IV) produced by the Ministry of Commerce is responsible for the unified and granted to the issuing agency.     All license issuing agency must designate the custody, specialize in private.     Seventh article import of goods under automatic import license administration, the consignee (including importers and import user) before going through the customs declaration procedures, should be submitted to the seat or the corresponding issuing bodies automatic import license applications and obtain the automatic import license.     If applying for import laws and regulations should be bidding and purchasing of goods, the consignee shall tender according to law. Customs by seal Special seal for automatic import licenses of the automatic import license for inspection procedures.     Bank with the automatic import license for the sale and payment of foreign exchange procedures. Eighth article consignee application automatically imports license, should submitted following material: 1, and consignee engaged in goods import and export of qualification certificate, and record registration file or foreign investment enterprise approved certificate (above certificate, and file only limited calendar annual within initial apply for who submitted); 2, and automatically imports license application table (style see annex five); 3, and goods imports contract; 4, and belongs to delegate agent imports of, should submitted delegate agent imports agreement (original); 5, and     On imported goods use or the end user has specific provisions of laws and regulations, shall submit the import documentation of use or end user in line with State regulations; 6, for different commodities listed in the catalogue of documents shall be submitted; 7, other provisions, the Ministry of Commerce shall submit the materials.     The consignee shall be responsible for the authenticity of the submitted materials, and ensure that their business activities in line with national laws and regulations.     Nineth consignee directly to the automatic import license issuing agency a written request, or you can apply online.     Written application: the consignee to the issuing agency received or downloaded from a Web site of the automatic import license application form (photocopy) and other relevant materials, as required to fill, and delivering, mailing or other appropriate means, submitted together with the other materials as provided herein issuing bodies. Online application: the consignees to the issuing agency to apply for electronic key for Enterprise authentication. Application, the login-related website, enter the relevant application system, the automatic import licenses required to truthfully fill in the online application form and other information.     Also submitted to the issuing body related materials as provided herein.     Article tenth of the application is correct and complete, and receipt shall be issued by the licensing agency of the automatic import licenses, up to a maximum of 10 working days.     11th consignee in accordance with the State on automatic import licensing of product-related legal and regulatory requirements may apply for and obtain the automatic import license.     12th automatic import licensing of the goods in the following manner, you can free the automatic import license.     1, and processing trade items Xia imports and complex export of (crude oil, and oil except); 2, and foreign investment enterprise as investment imports or investment within production use of; 3, and samples advertising products, and experiment products imports, each batch value not over 5000 Yuan Yuan of; 4, and temporarily imports of Customs regulatory goods; 5, and national legal regulations provides other from led automatically imports license of. The 13th into the People's Republic of China free trade zone, export processing zones and other special customs supervision areas and into the bonded warehouse, an automatic import licensing of bonded logistics center management of cargo, these procedures do not apply.     From the free trade zone, export processing zones and other special customs supervision areas and bonded warehouses, bonded logistics center import automatic import license administration, with the exception of 12th provided these measures, should still receive the automatic import license. 14th goods subject to processing trade of automatic import license administration shall be re-exported in accordance with the relevant provisions.     If you can't export and sale in according to existing processing trade sale on approval procedures to apply for the automatic import license, commodity specific provisions apply as described in the automatic import license management catalogue of goods.     15th State on automatic import license administration shall take provisional ban on imports or quantitative import restrictions, since the effective date of interim measures, to stop issuing automatic import license. 16th the consignee has applied for the automatic import license, such as unused, shall return the original license-issuing organs within the validity period, and explain the reasons.     Issuing bodies returned by the consignee to pay the automatic import license shall be revoked. The automatic import license is lost, the consignee shall immediately to the issuing agency as well as automatic import licenses indicated to customs import port report the loss of.     Original issuing institution upon receipt of the loss report, verifying there is no adverse consequences, a new license.     The automatic import license was issued after 1 month from the date of obtaining a permit, certification bodies can be recovered and removed. Article 17th on the total amount of overload of bulk goods in the cargo being tested: within plus or minus 5%.     For crude oil, refined oil, chemical fertilizers, steel four bulk cargo total amount of overload of bulk cargo in the cargo within 3% to be from tests.     18th Ministry of Commerce of goods under the automatic import license in principle to implement "a lot a license" management of some goods could be introduced "non-certificate". "Card" means the same automatic import license shall not be used for clearance in batches.     Under the contract of the same import, the consignee may apply for and receive a copy of the import permit. "Not a lot a license" means that the same automatic import licenses within the validity period can be divided into batches used for clearance, but accumulated no more than six times.     Original in the automatic import licenses, customs "column of the Customs examination remark" within comments, customs and keep copies after the last use, customs officers retain the original.     "Not a lot a license" imports of bulk commodities under automatic import license administration, each batch of goods imports, by which actual import quantity of nuclear and automatic import licenses limit number last upon import of the goods, the excess quantity by physical remaining quantity in the automatic import license and calculated in limit on allowed to overfill.     19th the automatic import license valid for a calendar year, valid for 6 months.     20th the automatic import license needs extension or alteration, all license issuing agency, and old card deregulation and new evidence indicating the original license number in the remark column.     The implementation of "not a license" the automatic import license needs extension or alteration, reduced the original card has Declaration number, issuance of new certificates according to the remaining quantity.     21st do not apply to the automatic import license, without authorization, goods subject to import automatic import license administration by the customs in accordance with the provisions of relevant laws and administrative regulations and penalties constitutes a crime, criminal responsibility shall be investigated according to law.     22nd article forge, alter, buy the automatic import license or by fraudulent or other improper means to obtain the automatic import license, in accordance with relevant laws, administrative regulations, the provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law.     23rd management rules for the implementation of issuing automatic import license by the Ministry of Commerce pursuant to these measures separately.     24th article explaining these measures by the Ministry of Commerce, General Administration of customs. 25th article this way come into force on January 1, 2005.       Previous regulations is inconsistent with this approach, is subject to this approach. Annex: list of list of goods subject to automatic import license administration a list of 21, following product code product issued by the local and departmental Office for import and export of electromechanical products

Related Laws