|
Implementation Rules on Small-Volume
Frontier Trade of Importing Machinery and Electronic Products
(Promulgated by State Economic and Trade Commission, Ministry of
Foreign Trade and Economic Cooperation and the Customs General Administration on March
29,1996)
Article 1 In light of the State Council's Circular
Relevant Issues of Frontier Trade (Decree No.2,promulgated by the State Council in
1996)and the Provisional Regulations on the Administration of Import of Machinery and
Electronic Products, the present Rules are hereby formulated for the purpose of
simplifying the management of small- volume frontier trade of importing machinery and
electronic products.
Article 2 The small - volume frontier trade stated in
the present Rules refers to trading activities through the State's designated border port
between enterprises accredited with small-volume frontier trade right in the border
counties
(banners)or border cities which have been granted the right to open to
the outside world by the State along the land border of China, and enterprises or trade
institutions in the border areas of the neighboring countries.
Modes of frontier trade for importing machinery and electronic products
other than the exchange of goods by border residents already carried on in the border
areas shall be uniformly administrated as small-volume frontier trade.
The exchange of goods by border residents stated in the previous clause
refers to the activity of exchanging commodities by inhabitants of the border areas in the
open spots or designated fairs approved by the government within 20 kilometers to the land
border of China, which shall not go beyond the limited volume of trade or quantity.
Article 3 Machinery and electronic products originally
manufactured in the neighboring countries, when imported by enterprises with small-volume
frontier trade right through State's designated land border ports, including
quota-controlled products, special products and registered products shall be subject to
these Rules.
The import of machinery and electronic products by border residents
through means of exchange if the value is under RMB 1,000 yuan each day per person, is not
regulated by these Rules and shall be subject to the relevant Customs supervision
regulations.
Article 4 Management on small-volume frontier trade of
importing quota-controlled products.
1.The administrative offices for the import of machinery and electronic
products in border provinces and autonomous regions((Hereinafter referred to as the Import
Offices in Border Provinces and Regions)shall report the quota-controlled products
required by next year's local small-volume frontier trade to the State Office for Import
and Export of Machinery and Electronic Products(SOIEMEP)before October 31 every year.
SOIEMEP shall collect and coordinate the application and incorporate them into the State's
import plan of quota-controlled products, and report to the State Council for approval.
2.SOIEMEP shall divide the total Import quotas of the small-volume
frontier trade approved by the State Council and shall specially allocate the quotas
according to products(excluding that of automobiles and their key components) to the
Import Offices of Border Provinces and Regions.
To guarantee a normal small-volume frontier trade, SOIEMEP shall at the
end of each year, before the allocating next year's total import quota, arrange in advance
next year's import quota in accordance with the implementing conditions in third quarter
of the year, SOIEMEP shall adjust the allocated year's total import quota.
3.Quotas allocated for small-volume frontier trade shall not be used by
other modes of trade.
4.SOIEMEP shall authorize the Import Offices of Border Provinces and
Regions with the examing and approving right for local enterprises with small-volume
frontier trade right to import quota controlled goods produced originally by the
neighboring countries through the State's designated land border ports, which must be
within the total import quota for small-volume frontier trade as signed by the State.
5.Small-volume frontier trade enterprises when importing
quota-controlled products (excluding automobiles and their key components),shall apply to
the Import Offices of Border Provinces or Regions in charge in consideration of
administrative subordination for Application Form for Importing Machinery and Electronic
Products(in duplicate).The filled form shall be examined and approved by the Import
Offices of the Provinces or Regions in charge who will issue the Certificate for Import
Quotas (see Appendix 1 as the sample).
6.Small-volume frontier trade enterprises, when importing automobiles
and their key components, shall fill in the Application Form for Importing Machinery and
Electronic Products (in duplicate)with reference to relevant explanations, which shall be
transferred to SOIEMEP for approval by the Import Offices of Border Provinces and Regions,
and SOIEMEP shall issue the Certificate for Import Quotas.
7.Small-volume frontier trade enterprises, when importing
quota-controlled products except automobiles and their key components, shall apply to the
Departments of Foreign Trade and Economic Cooperation of the province or the autonomous
region for the Import License, upon the Certificate for Import Quotas issued by Import
Offices of Border Provinces and Regions, upon the Certificate for Import Quotas and Import
License, the Customs shall examine and release the goods.
Small-volume frontier trade enterprises, when importing
quota-controlled products of automobiles and their key components, shall apply to
MOFTEC-authorized issuing institutions for Import License with Certificate for Import
Quotas issued by Import Offices of Border Provinces and Regions; the Customs shall check
and release goods upon Certificate for Import Quotas and Import License.
Article 5 Management on small-volume frontier trade of
importing special products
1.SOIEMEP shall authorize the Import Offices of Border Provinces and
Regions with the approving rights for local enterprises with small-volume frontier trade
right to import special goods produced originally by neighboring countries through the
State's designated land border ports.
2.Small-volume frontier trade enterprises can import the
above-mentioned special products by means other than bidding.
3.Small-volume frontier trade enterprises, when importing special
products, shall apply to the Import Offices of Border Provinces or Regions in charge in
consideration of administrative subordination for Application Form for Importing Machinery
and Electronic Products(in duplicate).The filled form shall be approved by the Import
Offices of Border Provinces or Regions in charge who will issue the Certificate for
Importing Machinery and Electronic Products (see Appendix 2 as the sample).
The Customs will examine and release the goods upon the Certificate for
Importing Machinery and Electronic Products issued by the Import Offices of Border
Provinces or Regions.
Article 6 Small-volume frontier trade enterprises,
when importing registered products, shall apply to the Import Offices of Border Provinces
or Regions in charge in consideration of administrative subordination for Application Form
for Importing Machinery and Electronic Products and fill it in as application for
registration. The Import Offices of Border Provinces or Regions in charge shall check and
issue the Registration Form of Importing Machinery and Electronic Products. The Customs
shall examine and release the goods with the Registration Form of Importing Machinery and
Electronic Products.
Article 7 The validity, revision procedure of the
Certificate for Import Quotas, Certificate for Importing Machinery and Electronic Products
and Registration Form for Importing Machinery and Electronic Products used in small-volume
frontier trade of importing machinery and electronic products as well as those relevant
matters not regulated by the present Rules shall be decided in line with related
regulations stipulated in the Detailed Implementation Rules on the Administration of
Importing Quota-Controlled Products, Detailed Implementation Rules on the Administration
of Importing Special Products and Notice on the Registration for Importing Machinery and
Electronic Products, which have been promulgated jointly by State Economic and Trade
Commission, MOFTEC and the Customs General Administration.
Article 8 Import Offices of Border Provinces and
Regions shall strictly abide by the statistic system of importing machinery and electronic
products and transfer the import data in time as requested.
Import Offices of Border Provinces and Regions shall submit the
counterfoil for issuing certificates entrusted to them in the previous month and return
the invalid certificates to SOIEMEP for record before the fifth day each month.
SOIEMEP shall regulate and check the fulfillment of the
small-controlled products and special products.
Article 9 As for unit who violates these Rules for
approval beyond its authorization or issuance of certificate for import and licenses in
excess to quotas, SOIEMEP and MOFTEC shall either circulate a notice of criticism or
suspend or even disqualify its approving and issuing rights in accordance with the
seriousness of the case. Those who violate law shall be investigated under criminal law.
Actions that violate the Customs Law shall be dealt with in light with
the Customs Law of the People's Republic of China and Implementation Rules on
Administrative Penalty of the Customs Law.
Article 10 SOIEMEP shall be responsible for the
interpretation of these Rules.
Article 11 These Rules shall enter into effect on
April 1,1996
Appendix 1:Sample of Certificate for Import Quotas(omitted.)
Appendix 2:Sample of Certificate for Importing Machinery and Electronic
Products (Omitted.) |