Interim Measures for import tariff quotas of agricultural products
Department: National Development and Reform Commission, Ministry of Commerce
Posted Number: People's Republic of China Ministry of Commerce, National Development and Reform Commission, People's Republic of China have dampened ○○ No. 4 years
According to "People's Republic of China Foreign Trade Law," "People's Republic of China Customs Law," "People's Republic of China import and export regulations" and "People's Republic of China Import and Export Tariff Regulations", the General Administration of Customs, specially formulated "tariffs on agricultural imports quota management Interim Measures ", is now released.
Ministry of Commerce, the list of agricultural import tariff quotas authority National Development and Reform Commission announced separately.
Minister Lu Fuyuan
Officer Ma Kai
Er ○○ September 27 years
Interim Measures for import tariff quotas of agricultural products
Chapter I General Provisions
The first is the effective implementation of import tariff quotas of agricultural products, the establishment of a unified, fair, impartial, transparent, predictable and non-discriminatory agricultural import tariff quota management system, according to "People's Republic of China Foreign Trade Law," "People's Republic of China Customs Law "" People's Republic of China import and export regulations "and" People's Republic of China Import and Export tariff regulations "formulated.
Associated regulations:
Article in the calendar year, according to China's accession to WTO quota trade in goods Schedule promised to determine the amount of the annual implementation of market access for import tariff quotas of agricultural products.
Tariff quota for imports of agricultural products within the applicable tariff rate quota, imports of agricultural products outside the quota in accordance with relevant provisions of "People's Republic of China Import and Export Tariff Regulations".
Bulk cargo loaded abuse accordance with the provisions of this part of the "measures" the second paragraph of Article XIX.
Associated regulations:
Article varieties of agricultural products of import tariff quotas are: wheat (including flour, grain, hereinafter referred to as wheat), corn (including powder, granules, hereinafter referred to as corn), rice (including powder, granules, hereinafter referred to as rice ), soybean oil, rapeseed oil, palm oil, sugar, cotton, wool and wool tops.
Management of agricultural tariff quotas corresponding import tariff, tariff codes and applicable tax rates will be published separately.
Article IV of wheat, corn, rice, soybean oil, rapeseed oil, palm oil, sugar, cotton import tariff quotas are divided into state-run trade quotas and non-state-run trade quotas. State-run trade quotas shall be imported by state-trading enterprises; non-state-run trade quotas by the right of trade enterprises to import, the right of trade end users can import their own.
Wool and wool tops of import designated company. The relevant provisions of the original import business MOFTEC "imported goods designated management approach" (Ministry of Foreign Trade Order 2001 No. 21) implementation.
Associated regulations:
Article import tariff quotas of agricultural products for the global quota.
Imports of all trade in line with Article III Article agricultural products are subject to tariff quota administration.
Article soybean oil, rapeseed oil, palm oil, sugar, wool, wool tops import tariff quotas allocated by the Ministry of Commerce.
Wheat, corn, rice, cotton import tariff quotas by the National Development and Reform Commission (hereinafter referred to as "NDRC") in conjunction with the Ministry of Commerce assignment.
Associated regulations:
Article VIII of the Ministry of Commerce, Development and Reform Commission commissioned the respective authority responsible for the following:
(A) accept the applicant's application and the application transfer the Ministry of Commerce, Development and Reform Commission;
(Ii) consultation services and convey the Ministry of Commerce, Development and Reform Commission;
(Iii) notify the applicant in its application does not meet the requirements of the Department, and to remind its amendments;
(Iv) the issuance of approved applicants "agricultural import tariff quota permits."
Article IX "agricultural import tariff quota permits" for general trade, processing trade, barter trade. Import border trade, aid, donations and other trade.
From the outside into the bonded warehouses, bonded zones, export processing zones, shall be exempted receive "agricultural import tariff quota permits."
Chapter II application for
Article 10 To apply for import tariff quotas of agricultural products each year 15 to 30 October (with the exception of first-come first contract allocation). Ministry of Commerce, Development and Reform Commission, respectively, before the application period in a month, "International Business Daily", "China Economic Herald" and the Ministry of Commerce website (httP://www.Mofcom.Gov.Cn/), Development and Reform Commission website ( httP://www.Sdpc.Gov.Cn/) tariff quotas of agricultural tariff lines and the applicable tax rate for each import tariff quota of the total agricultural products next year, tariff quotas and eligibility criteria determined by the tariff Commission announced on.
Soybean oil, rapeseed oil, palm oil, sugar, wool, wool tops published by the Ministry of Commerce. Wheat, corn, rice, cotton, published by the National Development and Reform Commission.
Article XI Commerce Department authority responsible for handling local area soybean oil, rapeseed oil, palm oil, sugar, wool, wool tops import tariff quotas apply.
Development and Reform Commission authority responsible for handling local wheat, corn, rice, cotton import tariff quotas apply zone.
Article XII of the Ministry of Commerce authorized agencies in accordance with the conditions published, accepted soybean oil, rapeseed oil, palm oil, sugar, wool, wool tops application and related information submitted by the applicant, and on or before November 30 will apply forwarded to the Ministry of Commerce (with first-come first contract except for distribution), and send a copy to the development and reform Commission.
Development and Reform Commission authority under the conditions published, the admissibility of wheat, corn, rice, cotton and apply the information submitted by the applicant, and on or before November 30 will be forwarded to the application Development and Reform Commission, at the same time send a copy to the Ministry of Commerce.
Associated regulations:
Chapter III distribution
Article XIII agricultural import tariff quotas will be based on the number of applications and applicants in the past import performance, production capacity and other relevant commercial standards or be allocated according to the first come first-served manner. The minimum amount allocated will be determined for each possible shipments of agricultural products business.
Article XIV year before January 1, the Ministry of Commerce, Development and Reform Commission issued by the respective authority "agricultural import tariff quota permits" to the end user, and stamped "Ministry of Commerce agricultural import tariff quota permits Seal" or "national development and reform Commission agricultural import tariff quota permits seal. "
In the state-run trade quotas "agricultural import tariff quota permits" on marked.
Associated regulations:
The fourth chapter of the limit
Article XV annual import tariff quotas of agricultural products each year beginning January 1 implementation, and effective in the calendar year. "Agricultural import tariff quota permits" effective since January 1 each year until the year December 31.
With the implementation of the contract a first-come first-served allocation of "agricultural import tariff quota license" is valid, according to the implementation of the Regulations published.
Article XVI before the year December 31 shipped from the port of origin, to be the next year the arrival of import tariff quotas of agricultural products, end-users need to hold the "agricultural import tariff quota permits" and supporting documents to the institution issuing the original application extension. Issuing organs after the audit situation can be true for an extension, but the extension not later than the end of February next year.
Chapter V execution
Article 17 relating to the end-user according to the relevant imports of goods business, or commission signed import contracts.
Article XVIII of processing trade import tariff quotas of agricultural products, Customs shall submitted by the enterprise "Processing Trade Business Approval Certificate 'filing procedures for processing trade contracts, with submission noted in the" trade "in the column" Processing trade " "agricultural import tariff quota permits" handle customs clearance procedures.
Processing trade enterprises processing deadlines could not re-exported, shall apply for 3O days after the expiration of the contract for processing trade cancellation procedures. Customs in accordance with relevant provisions of the processing trade.
Article XIX "agricultural import tariff quota permits" to implement a permit batches of the system, that end-users need to be divided into batches imported, with "agricultural import tariff quota license" can be used repeatedly for customs clearance. End User shall truthfully fill out the "agricultural import tariff quota permits," "end user imports Fill in the fields", after the fill, the need to hold to the original license issuing agency Redemption is not part of the quota the customs clearance certificate.
Bulk cargo imports overfilled amount may not exceed 5% of each batch of the batch.
Article XX from abroad into the bonded warehouses, tariff quotas of agricultural bonded areas, export processing zones by the Customs clearance according to existing regulations and regulate.
Library or import a zone from the bonded warehouses, bonded zones, export processing zones tariff quotas for agricultural products, Customs shall "permit the import tariff quotas of agricultural products" according to the relevant provisions of the management of imported goods for import formalities.
Article a complete end-user "agricultural import tariff quota permits" post-quota quantity indicated last batch import declaration, within 20 working days after the signature of the customs' import tariff quotas for agricultural products permit "the first joint (income shippers customs formalities linked) original post the original issuing agency.
End users will not be used up during the year, "agricultural import tariff quota permits" First Union (customs procedure pages for the consignee) Original post issuing organs before the end of January next year.
Chapter VI adjustment
Article 22 assigned to the end-user's state trading agricultural import tariff quotas, the year before August 15 has not signed a contract, according to the management of the provisions of Article 7 of authority or the Ministry of Commerce Development and Reform Commission approval, permit End user delegate any right of trade import business; the right of trade End users can import their own.
Article 23 of the import tariff quotas of agricultural products held by the end user can not then have to apply to all quotas or import contracts signed has signed a contract can not be completed, the amount of the quota shall not be before September 15 will complete the cross-hair reduction certification body.
Article 24 The application of agricultural import tariff quotas for reallocation for the annual September 1 to 15 (with the exception of first-come first contract allocation). Ministry of Commerce, Development and Reform Commission, respectively, before the application period in a month, "International Business Daily", "China Economic Herald" and the Ministry of Commerce website (httP://www.Mofcom.Gov.Cn/), Development and Reform Commission website ( http://www.Sdpc.Gov.Cn/ published application conditions reallocation of tariff quotas) is on. Applicants need to apply separately by the authority forwarded to the Ministry of Commerce or the National Development and Reform Commission.
Soybean oil, rapeseed oil, palm oil, sugar, wool, wool tops published by the Ministry of Commerce. Wheat, corn, rice, cotton, published by the National Development and Reform Commission.
Article 25 of the year the end of August all agricultural import tariff quotas allocated prior to the completion and signature of the customs' import tariff quotas for agricultural products Certificate "First Union (customs procedure pages for the consignee) Original post primary end-user certificates agencies may apply for reallocation of tariff quotas.
September 3O Article 26 of each year, the Ministry of Commerce soybean oil, rapeseed oil, palm oil, sugar, wool, wool tops import reallocation of tariff quotas allocated to the end-user (with the exception of first-come first contract allocation); Development and reform Commission and Ministry of Commerce will allocate wheat, corn, rice, cotton reallocation of tariff quotas to the end user.
Reallocation of tariff quotas according to published eligibility criteria, according to the first-come first fashion assignment. The minimum amount allocated will be determined for each possible shipments of agricultural products business.
Redistribution of quotas obtained by the end user the right of trade enterprises to import, the right of trade enterprises can also import their own.
Chapter VII Penalty
Article 27 of the processing trade enterprises without authorization will be tariff quotas of agricultural bonded imported materials or finished products in domestic sales, according to "People's Republic of China Customs Law" and "People's Republic of China Customs Administrative Punishment Law Shi Buy relevant provisions of the Rules, "the process.
Associated regulations:
Article 28 forged or altered or sale "agricultural import tariff quota certificate", in accordance with the relevant laws of the crime of illegal business or forged or altered, sale of official documents, the provisions of certificates and seals of the Criminal Law . Tariff quotas held by end users above acts, the Ministry of Commerce, Development and Reform Commission and within two years the authority no longer accept the import tariff quotas of agricultural applications.
Article 29 fake information to defraud "agricultural import tariff quota certificate", in addition to its collection of law "permits the import tariff quotas of agricultural products", within two years, no longer accept its application for import tariff quotas.
Associated regulations:
Article 30 Where the end user in violation of the provisions of Article 23, in the year failed to complete its full allocation of agricultural import tariff quotas on imports, as of September 15 and will not import quota can not be achieved when the amount of cross-hair reduction certification bodies, the proportion of their allocation of tariff quotas next year will be deducted accordingly unfinished.
Article 31 end users for two consecutive years failed to complete its full allocation of agricultural import tariff quota for imports, and in the two years before 15 September each year the amount of the tariff quota for the year can not be used to restore cross-issuing authority, which tariff quota next year will be allocated in proportion to their most recent year unfinished deducted accordingly.
Article 32 End User in violation of the provisions of Article 21, the customs are not in a specified time signature "agricultural import tariff quota permits" First Union (customs procedure pages for the consignee) Original post the original issuing institutions deemed unfinished imports, be deducted from the amount of the tariff quota for next year.
Article 33 smuggling import tariff quotas of agricultural products, according to the tariff quota for imports of foreign tax rates applicable to the amount of tax evasion, according to relevant provisions of laws and administrative regulations will be punished.
Chapter VIII Supplementary Provisions
Article 34 inquire about the import tariff quotas of agricultural products distribution and redistribution required to the Ministry of Commerce, National Development and Reform Commission or its authorized agencies in writing, the Ministry of Commerce, National Development and Reform Commission or its authorized agencies in 10 working days responded.
Article 35 "agricultural import tariff quota permits" and "agricultural import tariff quota permits Seal" respectively, by the Ministry of Commerce, Development and Reform Commission producer.
Article 36 "agricultural import tariff quota permits" card face the following sections: the end-user registration area, the tariff quota license number, the name of the end-user tariff quota permit is valid, trade, trade name, the number of arrangements, state-run trade, hair issuing date, customs ports to be printed by a computer. We need to change the face of customs ports permit end users to modify the original issuing agency renewal.
Article 37 The purchase of foreign import tariff quotas of agricultural products in accordance with relevant state regulations.
Article 38 in the present Measures refers to the government to grant state trading enterprises imports of certain products franchise privileges enterprises. List of state trading enterprises by the Ministry of Commerce approved and published.
Article 39 of the present approach of the end user to directly apply to the import tariff quotas of agricultural producers, traders, wholesalers and distributors, and so on.
Article 40 of this approach since the date of promulgation, in 2003 the import tariff quotas of agricultural products in accordance with the original "Interim Measures for import tariff quotas of agricultural products" (National Development Planning