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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.) |