The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs Decree of the Ministry of Foreign Trade and Economic Cooperation and the General Adminitration of Customs No.24 The “Detailed Rules for the Implementation of the Administration of Import of Certain Machinery and Electronic Products” are hereby Shi Guangsheng, Minister of the Ministry of Foreign Trade and Economic Cooperation Mu Xinsheng, Director General of the General Administration of Customs December 20, 2001 Detailed Rules for the Implementation of the Administration of Import of Certain Machinery and Electronic Products Article 1 These Detailed Rules are enacted in accordance with the “Regulations of the People’s Republic of China on the Administration of Import Article 2 These Detailed Rules shall be applicable to the import by importing entities of certain machinery and electronic products inside the Article 3 The Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China (hereinafter referred to as “the MOFTEC”) Article 4 The qualifications and conditions for applying for importing certain machinery and electronic products are as follows: (1) the entity applying for import shall have no such acts in violation of laws or regulations within the latest three years as evasion (2) the entity applying for import shall be enpost_titled to operate the certain products in application; (3) the entity applying for import shall have the capabilities of manufacture, sale, maintenance, provision of services and supply of (4) the entity applying for import shall be in a good financial status; (5) an applicant who applies for the import of certain products for its own use does not have to fulfill the qualifications and conditions Article 5 Whoever applies for the import of certain machinery and electronic products shall provide the following documents: (1) report on applying for importing certain machinery and electronic products; (2) application form for import of machinery and electronic products (as indicated in Attachment 1); (3) business license and legal documents for the administrative department to approve the business scope (copies); (4) the “Notice of Bid Evaluation Result of International Invitation for Bidding” issued by the institution in charge of international (5) other documents needed to be provided. Article 6 The principles for approving the import of certain machinery and electronic products are as follows: (1) to guarantee the needs in scientific research, education, culture, hygiene and other commonweal careers if the goods are imported (2) to give priority to considering the applications of the importing entities with strong capability of manufacture, sale and provision (3) to consider the actual effective performance of the entities applying for import in respect of the import of the certain products (4) to properly consider the newly increased entities applying for import; (5) other factors needed to be considered. Article 7 An entity applying for import shall, when importing certain products, truthfully fill in the “Application Form for Import of Machinery Article 8 Upon receipt of the importing entity’s application, the MOFTEC shall, within 30 days, check the application and decide on whether Article 9 The importing entity shall conclude contracts with foreign parties and purchase exchanges with the “Import License for Machinery and Article 10 The validity period of the “Import License for Machinery and Electronic Products” and of the modified, changed or extended “Import Article 11 Where the “Import License for Machinery and Electronic Products” is lost, the importing entity shall immediately report the loss to Article 12 These Detailed Rules shall also be applicable in any of the following circumstances: (1) the imported parts of certain products constitute the feature of a whole machine; (2) the certain products are imported in processing trade for manufacturing products of domestic sale or for the importer’s own use; (3) the certain products are imported by enterprises with foreign investment for manufacturing products of domestic sale; (4) the certain products are imported in such modes of trade as leasing trade, compensation trade, etc.; (5) the certain products are imported in such a manner as gratis aid, donation or present in economic exchanges, etc.; (6) the certain products, which are purchased outside the territory by Chinese institutions abroad or Chinese enterprises carrying out (7) other circumstances separately provided for in laws and administrative regulations. Article 13 These Detailed Rules shall not be applicable in any of the following circumstances: (1) the certain products imported in processing trade are used for re-export; (2) the certain products are imported into China’s bonded zones or export processing zones for re-export; (3) the certain products are temporarily imported under the supervision and administration of the customs; (4) the certain products are imported by foreign-funded enterprises for investment or for their own uses; (5) other circumstances separately provided for in laws and administrative regulations. Article 14 The MOFTEC is responsible for the interpretation of these Detailed Rules. In case of any previous relevant provision inconsistent Article 15 These Detailed Rules shall enter into force on January 1, 2002. |
The Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs
2001-12-20