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进口商品经营管理暂行办法 INTERIM MEASURES FOR THE ADMINISTRATION OF THE MANAGEMENT OF IMPORT GOODS

2006-05-16 17:00   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on June 13, 1994, promulgated by Decree No. 3 of the Ministry of Foreign Trade and Economic Cooperation and the State Planning Commission on July 19, 1994)
颁布日期:19940719  实施日期:19940701  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Measures are formulated in order to meet the needs of the socialist market economic growth, actively organize import of the goods and materials needed for the domestic economy construction and maintain the normal order of the import management.

  Article 2 Various enterprises, institutions, organs and organizations (hereinafter referred to as the import units) that import goods shall handle the business in accordance with these Measures.

  Chapter II The Administrative Principle of the Management

  Article 3 The state shall execute the administration of the management of the import goods with a catalogue. Few stable raw materials goods which relate to the national economy and the people's livelihood, and are capable of international market monopoly and are of sensitive price, shall be listed in the catalogue and be subject to the administration of verifying and confirming companies capable of management, that is, they shall be handled by the foreign trade companies (which include specialized foreign trade companies, comprehensive foreign trade companies, industry and trade companies, combined foreign trade companies and commercial and material supply companies vested with the import and export operating right) which are verified and confirmed by the state to be capable of management and be of good services. The goods which are not listed in the catalogue shall be handled by various kinds of enterprises vested with the import and export operating right on their own in accordance with the scope of their business operations.

  Article 4 At present, the state verifies and confirms companies to handle twelve kinds of goods (the catalogue is attached as appendix)。 In accordance with the change of domestic market and the administrative status of the management of import goods, the Ministry of Foreign Trade and Economic Cooperation (hereinafter refereed to as the MOFTEC) shall, in conjunction with the relevant departments, submit a report with its opinions concerning the adjustment of the catalogue of goods subject to the management of the verified and confirmed companies to the State Council for promulgation and going into effect upon approval.

  Article 5 With respect to every kind of imported goods subject to the management of the companies verified and confirmed by the state with the exception of wheat, crude oil, refined oil and tobacco, the commissions (departments, bureaus) of foreign economic relations and trade and in the provinces, autonomous regions, municipalities directly under the Central Government and cities under separate planning shall, in accordance with the managerial capacity and service quality of foreign trade companies of their own localities, recommend one or two foreign trade companies of their own localities to handle the goods which shall be verified, confirmed and published by the MOFTEC.

  Article 6 The import goods subject to the management of the foreign trade companies under various departments, which are verified and confirmed by the state, shall be verified, confirmed and published by the MOFTEC.

  Article 7 When every import units import goods subject to the management of the companies verified and confirmed by the state, they may trust on their own the foreign trade companies vested with the right to handle the said goods by the MOFTEC with the importation. The goods imported by the state (which include the goods subject to the management of the verified and confirmed companies) shall be handled by the companies arranged by the MOFTEC.

  Article 8 With respect to the import goods subject to the management of the companies verified and confirmed by the state, it is encouraged that the main units using import goods shall establish joint-equity companies with the relevant foreign trade companies, give full play to respective superiority, and make the management well jointly.

  Chapter III Coordination and Supervision

  Article 9 With respect to the import goods subject to the management of the companies verified and confirmed by the state, the relevant import and export chambers of commerce shall establish specialized branches of chambers of goods which shall be responsible for coordinating and supervising the managerial order and price of the import goods.

  Article 10 The foreign trade companies, which are verified and approved to handle the import goods subject to the management of the companies verified and confirmed by the state, shall join the relevant branches of chambers of goods, obey the coordination and supervision of the import and export chambers of commerce, and shall be issued member certificates of the specialized branches of goods by the relevant import and export chambers of commerce.

  Article 11 When the import and export chambers of commerce do the work of coordination and supervision, they shall implement the principle of “self-administration, self-restraint, self-coordination”, actively organize price coordination, supervise the managerial order and provide service for their members.

  Article 12 Where the quantity of a certain item of goods is increased substantially and rapidly or the operation of importation is out of regular order which results in serious injury to domestic production, the MOFTEC may take temporary measures such as re-verifying and reconfirming the managerial qualifications of the companies, to strengthen micro-administration of the managerial order of import goods.

  Chapter IV Supplementary Provisions

  Article 13 The administration of the import management of enterprises with foreign investments, shall be executed in accordance with the existing laws and regulations.

  Article 14 With respect to the importation because of utilizing the international foreign exchange loans, the administration of the management of the importation shall be executed in accordance with the relevant loan agreements.

  Article 15 The administration of the import management concerning barter trade and importing materials for processing shall still be executed in accordance with the existing provisions.

  Article 16 The import units in special economic zones, which import goods for self-use, shall still import by themselves within the business scope of the import and export enterprises.

  Article 17 The MOFTEC shall be responsible for the interpretation of these Measures and organizing implementation.

  Article 18 Where the relevant provisions existing, before the promulgation of these Measures, are in conflict with the provisions of these Measures, the latter shall prevail. These Measures shall enter into force on July 1, 1994.

  Appendix: Catalogue of Import Goods Subject to the Management of Companies Verified and Confirmed by the State:

  1) wheat;

  2) crude oil;

  3) refined oil, which denotes gasoline, kerosene and diesel oil;

  4) chemical fertilizers, which denote nitrogenous fertilizers, phosphate fertilizers, potash fertilizers and compound fertilizers;

  5) rubber, which denotes natural rubber;

  6) steel products, which denote plate steel, wire steel, section steel, tube and pipe steel, and tinned sheet;

  7) timber, which denotes log;

  8) plywood, which excludes panels, veneer sheets, and surface covered sheets;

  9) wool, which denotes raw wool, scoured wool and wool tops;

  10) ploy acrylonitrile fibre, which denotes ploy acrylonitrile short fibre, tops, and tow;

  11) cotton, which denotes raw cotton;

  12) tobacco and manufactured tobacco.

  Notes:

  1. At present, wheat is only verified and confirmed to be handled by China National Cereals Oils and Foodstuffs Import and Export Cooperation and China National Liangfeng Grain Import and Export Cooperation; crude oil and refined oil is verified and confirmed temporarily to be handled by China National Chemicals Import and Export Cooperation, China International Oils and Chemicals Combination Cooperation and China National Combination Oils Cooperation; to bacco and manufactured tobacco is verified and confirmed to be handled by China National Tobacco Import and Export Cooperation.

  2. If a company is engaged in importing the above mentioned twelve kinds of goods which are subject to the state's administration of import quota, it shall apply for import licence in accordance with the relevant provisions; if the aforesaid goods are subject to the state's administration of automatic registration, the company shall apply for the register certificate in accordance with the relevant provisions. The Customs shall give clearance against the licence or the register certificate.

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