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一般商品进口配额管理暂行办法 INTERIM MEASURES FOR THE ADMINISTRATION OF THE IMPORT QUOTA FOR GENERAL GOODS

2006-05-17 01:09   我要纠错 | 打印 | 收藏 | | |

国家计委
(Approved by the State Council on December 22, 1993, and promulgated by Decree No. 1 of the State Planning Commission and the Ministry of Foreign Trade and Economic Cooperation on December 29, 1993)
颁布日期:19931229  实施日期:19940101  颁布单位:国家计委、 对外经贸部

  Article 1 These Measures are formulated in order to promote the development of economy and foreign trade of our country, further reform and perfect import administrative system in compliance with the requirements of establishment of the socialist market economy system.

  Article 2 In accordance with the state industrial policy and the plan for the development of the line of industry, and with reference to international practice, the state executes the quota administration for the goods which are needed to import in the right quantities to adjust market supplies, but may cause serious injury to the development of the relevant domestic industries or have direct effect on the readjustment of import structure and industrial structure if they are imported excessively, and the import goods which endanger the state's status of balance of payments in foreign exchange.

  Article 3 The term “general goods subject to the import quota administration”, referred to in these Measures means all the goods needed to be subject to the import quota administration with the exception of the machinery and electrical appliances (the catalogue is attached as appendix)。

  Article 4 The State Planning Commission shall, in accordance with the requirements of the national economic development plan and the state industrial policy, be responsible for the work of macro-administration and coordination of the import quota for general goods throughout the country. The State Planning Commission shall, in conjunction with the relevant departments, put forward suggestions concerning the coordination of types of general goods subject to the import quota administration, which shall be promulgated and go into effect after being submitted to the State Council for approval.

  Article 5 The State Planning Commission shall, in conjunction with the relevant departments, in accordance with the state's position of balance of payments in foreign exchange, the needs of domestic industrial and agricultural production and construction and market demand, and the needs of the state security and environmental protection, put forward the total amount of annual import quota for general goods. After the approval by the state council, it shall be listed into the annual plan for the national economic and social development and shall, be distributed and transmitted by the State Planning Commission in accordance with actual status of economic development and the needs of production and construction of all localities and departments.

  Article 6 Under guidance of the State Planning Commission, the administrative organs designated by provinces, autonomous regions, municipalities directly under the Central Government and cities under separate planning and the relevant departments under the State Council (hereinafter referred to as the administrative organs of the import quota for general goods of localities and departments) shall be responsible for the work of administration and coordination of import quota for general goods in their own localities or departments, collect the requirements concerning the import quota for general goods of their own localities and departments and submit the case to the State Planning Commission after overall balance, and examine and approve the applications for the import quota for general goods of the enterprises directly under their own localities or departments within the quantities of quota transmitted by the State Planning Commission.

  Article 7 The enterprises applying for the import quota for general goods (which means the productive enterprises and other enterprises having registered with the administrative departments for industry and commerce and acquired the status of legal persons after being approved by the state) shall apply to the administrative organs of the import quota for general goods of their own localities or departments.

  Article 8 The enterprises applying for the import quota for general goods shall submit the relevant data such as purposes of import quota, the ability to pay for importation and the actual state of using the quota of last year to the administrative organs of the import quota for general goods.

  Article 9 After receiving the application of an enterprise, the administrative organ of the import quota for general goods shall, within the quantities of quota transmitted by the State Planning Commission, verify the purposes of import quota, the ability to pay for importation of the enterprise and shall, in accordance with the actual productive and managerial ability of the enterprise and in the light of the level of last year, issue the certificate of import quota. If the import quota is not permitted to be issued, the administrative organ of the import quota for general goods of locality or department shall notice the enterprise applying for the quota within 20 days.

  Article 10 The valid seal for the certificate of the import quota for general goods shall be the unified special-purpose seal for the import quota for general goods provided by the State Planning Commission.

  Article 11 After receiving the certificate of import quota issued by the administrative organ of quota, an enterprise vested with the import operation right may conduct operations on its own; with respect to an enterprise which has not the right thereof, it shall entrust a foreign trade enterprise vested with the import operating right with the external operations. The enterprise shall apply for the import licence to the Ministry of Foreign Trade and Economic Cooperation or the issuing organ designated by the Ministry, the Customs shall give clearance against the import licence.

  Article 12 The general goods subject to the quota administration, which are imported for processing and re-export trade and entrepot trade, shall be subject to the Customs supervision and control in accordance with the relevant provisions.

  Article 13 The general goods subject to the quota administration, which are imported as investments by enterprises with foreign investments, shall be handled in accordance with existing investment laws and regulations concerned of the state. The general goods subject to the quota administration, which are imported for producing the products for domestic sales, shall be listed in the plan for national total amount of goods subject to the import quota administration, and shall be administrated by the Ministry of Foreign Trade and Economic Cooperation in accordance with the existing laws and regulations of the state.

  Article 14 The general goods subject to the quota administration, which are imported because of donation, shall, in accordance with the relevant provisions of the state and in the light of the subordinative relationships of the accepting units, be subject to the import procedures in accordance with these measures.

  Article 15 The general goods subject to the quota administration, which are imported because of utilizing loans of foreign governments or utilizing loans of international financial organizations, shall, in the light of the subordinative relationships of the units which accept the construction projects, be subject to the import procedures in accordance with these Measures.

  Article 16 An import unit shall be deemed to violate these Measures in any one of the following cases:

  (1) concluding contracts with the foreign party and receiving import goods without applying for the certificate of the import quota in accordance with these Measures;

  (2) altering or forging the certificate of the import quota without authorization;

  (3) transferring illegally or racketeering in the certificate of the import quota without authorization; or

  (4) violating the provisions of Interim Regulations of the People's Republic of China on the Licencing System for Import Commodities.

  Article 17 Whoever violates these Measures, the Customs shall deal with the cases in accordance with the relevant provisions of Customs Law of the People's Republic of China and Rules for Implementation of the Administrative Punishment under the Customs Law of the People's Republic of China. If the cases are serious enough to violate laws, he shall be prosecuted for the criminal responsibility according to law.

  Article 18 Any import administrative personnel who neglects his duty, engages in malpractices for personal gains and abuses his powers, in accordance with the severity of the case, shall be given a disciplinary sanction by the supervisory department, if he violates laws, he shall be prosecuted for the criminal responsibility according to law.

  Article 19 The State Planning Commission shall be responsible for the interpretation of these Measures and organizing implementation.

  Article 20 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 January 1, 1994.

  Appendix: Catalogue of General Goods Subject to the Import Quota Administration:

  1. crude oil 2. refined oil

  3. wool 4. terylene

  5. poly acrylonitrile fibre 6. polyester chip

  7. timber 8. plywood

  9. rubber (natural rubber, synthetic rubber)

  10. automobile tyres 11. sodium cyanide

  12. pesticides 13. sugar

  14. chemical fertilizers 15. wood pulp

  16. tobacco and manufactured tobacco

  17. cigarette filter tips

  18. diacetate fibre tow(used for cigarette)

  19. ABS resins 20. cereals

  21. cotton 22. vegetable oil

  23. spirits 24. carbonate beverages

  25. colour photographic materials

  26. synthetic fibre cloth

  Note: The State Commission of Economic Relations and Trade shall be responsible for determination, distribution and coordination of the import quota for carbonate beverages.

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