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Textile Export Interim Measures For The Management Of

Original Language Title: 纺织品出口临时管理办法

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(September 22, 2005, the Ministry of Commerce in 2005 released 20th come into force on the date of promulgation) article in accordance with the People's Republic of China's foreign trade law and the People's Republic of China Law on administrative licensing, to speed up the transformation of China's textiles export growth mode, stable textile export order, these measures are formulated.
    Second national textile export of Ministry of Commerce is responsible for interim management and work in conjunction with the General Administration of customs and State administration of quality supervision formulation and adjustment of the textile exports of provisional commodity list for the Administration (hereinafter referred to as the commodity list for the Administration).
    Department of Commerce authorization of various provinces, autonomous regions, municipalities, separately listed cities, Xinjiang production and construction Corps, and Harbin, Changchun, Shenyang, Nanjing, Wuhan, Guangzhou, Chengdu, XI ' an, the commercial Administrative Department (hereinafter referred to as local commerce authorities) responsible for temporary textile export license management in the region.
    General Administration of quality supervision in accordance with the proposal and authorize the above departments are responsible for the issuance of certificates of origin of provisional textile export.
    Article III of the commodity list for the administration developed and adjusted by the Ministry of Commerce, General Administration of customs and State administration of quality supervision in the form of announcements published publications including those relating to product categories and NES, the country or region involved, total implementation time frame and license, and so on. The fourth exporter in these measures refers to the final destination (region), the export processing trade refers to the actual customs export countries (regions).
    Relating to transit trade, these measures are not applicable.
    Fifth temporary textile export license management applies to the following Customs regulations: general trade, barter trade, processing and assembling trade imported materials, compensation trade, processing with imported materials and processing export goods (counterpart of the contract), the processing of imported materials (non-oral contract), bonded factories and other trade.
    From the outside in the area into the free trade zone, export processing zones and other special customs supervision areas, bonded places belong to the commodity list for the administration of textiles, Customs does not verify the license, the completion of the actual time of departure of the goods, in accordance with the relevant provisions on exports to countries or regions to be implementation of temporary textile export management, Customs shall permit formalities. Sixth article 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.
    Seventh article listed in the commodity list for the administration of goods, foreign trade operators (including Central enterprises, hereinafter the "operator") to local departments in charge of Commerce shall, before exporting the 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 imposed must be proportionate to the number of temporary export licenses paid bids, the remaining part of distribution according to performance.
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 (a1x (70%xQ1/M1+30%xQ2/M2) +a2xQ3/M3) =tbl/> which: (a) s for can application number; (ii) t for determine of national temporary export license total; (three) Q1 for integration Hou operators on set limited national or area export performance, Q2 for integration Hou operators except set limited national or area zhiwai of on global of export performance, Q3 for statistics time by covers of integration Qian operators on global of export performance;
    (Four) M1 for integration Hou national operators on set limited national or area export performance, M2 for integration Hou national operators except set limited national or area zhiwai of on global of export performance, M3 for statistics time by covers of integration Qian national operators on global of export performance; (five) A1 for integration Hou of export weight, A2 for integration Qian of export weight, provisional A1=0.7,A2=0.3; If statistics time range not covers integration Qian of time, is A1=1,A2=0; (F) the minimum categories can apply a quantity of 200 pieces (kilograms, square meters, double).
    Calculated under the above formula can be applied for less than the minimum number of applications, the operator may apply for the quantity is zero, (VII) remaining quantity the principle of giving priority to availability based on performance.
    Tenth Department of Commerce according to the following principles to determine the operator's merchandise export performance: (a) ten according to the Chinese customs tariff export under statistics.
    (B) statistical time range for the prior 12 months of a temporary export license.
    Taking into account the special situation of exports in 2005 and 2006 may apply for an amount calculated in accordance with article Nineth formula, to June 1, 2004-May 31, 2005 to calculate statistical time range, plus enterprise, June 11, 2005-December 31, should be able to apply for the number.
    (C) general trade, processing trade export performance 100% of calculating export statistics by the Chinese customs.
    (D) the export performance of the enterprises in the Western region 150% of calculating export statistics by the Chinese customs, the central region and Northeast old industrial base business export performance 130% of calculating export statistics by the Chinese customs.
    (E) for a number of affiliates, subsidiaries or holding company of the Group companies, in accordance with the actual operators (Enterprise Code) statistics included temporary export license to the operator name.
    11th Ministry of Commerce according to the distribution operators may apply for the product type and quantity, within 30 days after the release of the commodity list for the administration or in written and electronic form issued in batches to local commerce authorities and published on the Ministry Web site.
    12th clauses may apply for a number of operators should be issued by the Department of Commerce could apply for type and quantity within the license application to the local commerce authorities.
    13th may apply for the number within 15 days of the date of issue, local commerce authorities should written summary reporting application for operators in this report, as well as electronic data.
    On receipt of the local commerce authorities to apply for reporting as well as electronic data, within 15 days, the Commerce Department can apply for a range of applications through the integration of local commerce authorities approval, and in the form of letters of assigned amount issued a temporary export license operators across the country. The 14th number of temporary textile export license may be transferred. Transfers in the areas dealt with by the local departments in charge of Commerce and technology, trans-regional transfer of Commerce filed and processed by the China International Electronic Commerce Center for technology.
    The operators must be registered in the industrial and commercial administration departments and operators registered in the foreign trade departments. The 15th imposed temporary textile export license "permits" or "pass card", valid for a calendar year, valid for 6 months overdue void.
    Temporary textiles export licence holders, within the period of validity is not exported, can go through formalities for extension to the original issuing authority, the longest extension of no more than 3 months, extension, need to change again and issue a new certificate. 16th were operators of temporary export permit during the period of temporary export license number if not all used, not later than 60 days before the end of the licensing year remaining quantity will be turned over to the Department of Commerce.
    Operators by the local competent commercial departments submit to the Ministry of Commerce.
    17th provisional textile export license holders, such as the amount exceeds the amount of the application is not used within the validity period of 20% and is not paid on time, the Ministry of Commerce in the next annual allocation of proportional reduction in their number. Article 18th turned over and the number of applications included in the annual number of temporary textile export license the remaining.
    Remaining amount allocated by the Ministry of Commerce in accordance with the rules of the Nineth continues to and not later than 45 days before the end of the licensing year issuing assignments. Operators in the 19th were for temporary export permits when they apply for a license, shall fill in the application form and affix its seal.
    For 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 (copy of) submitted or sent to the issuing agency.
    20th on receipt of the content validity of the correct and complete application, the issuing agency shall, in accordance with local commerce authorities authorized by the Ministry of Commerce issued a temporary export license approval documents and electronic data, issue a license within 3 working days. 21st 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, and asked the permit quantity, value and other related content.
    22nd seal Special seal for textiles license permits an operator through the export declaration procedures; in the importing country by the Ministry of Commerce electronic data and paper permits and may inspect and release clearance of origin issued by the competent certification body. 23rd when textile export formalities customs, needs verification seal Special seal for textiles license license.
    Textile exports from to in the case of 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 shall be formulated and promulgated for implementation. 24th when monitoring 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 export permits regulations relevant provisions.
    MOFCOM may also cancel the number of temporary textile export license has been.
    25th 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 customs requirements by license release of, operators should in this enterprise can application number range within sent card institutions apply for license.
    26th to the 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 customs requirements permits release, in accordance with the relevant provisions article 25th of this approach.
    27th for provision of goods originating in China to avoid this approach, via a third country or regional re-exports to the commodity list for the administration of the State or area operator, once verified, the Commerce Department will announce within 1 year from the date of entry into force of decision of administrative penalty against all associated with a temporary export license management products of export activities.
    Except as otherwise provided in article 28th, on 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.
    29th through outward processing (OPA) processing in the Mainland, and Mainland origin non-Chinese textiles do not apply these measures.
    2005 remaining quantity do not apply this approach.
    30th article this way by the Ministry of Commerce is responsible for the interpretation. 31st article this way as of the date of promulgation.
                                                              The interim measures for the administration of textile export (temporary) repealed simultaneously.