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MINISTRY OF COMMERCE ANNOUNCEMENT NO.15 2006 ON PRELIMINARY ARBITRATION ON POLYBUTYLENE TEREPHTHALATE RESIN (PBT)

Ministry of Commerce

Ministry of Commerce Announcement No.15 2006 on Preliminary Arbitration on Polybutylene Terephthalate Resin (PBT)

[2006] No. 15

Ministry of Commerce issued an announcement on June 6, 2005 to start an anti-dumping investigation on the imported Polybutylene Terephthalate
Resin (PBT, PBTP or PTMP for short) originating from Japan and Taiwan region (hereinafter referred to as the investigated products).

In accordance with Article 24 of Anti-dumping Regulations of People’s Republic of China, Ministry of Commerce made the preliminary
arbitration that dumping of the investigated products had taken place, which had caused material injury to China’s industry and there
was a casual relationship between the dumping and the injury.

The Polybutylene Terephthalate Resin (PBT, PBTP or PTMP for short) is listed under No. 39079900 in Import and Export Tariffs of General
Administration of Customs of PRC. Reinforced or modified PBT under the item is not included.

In accordance with Article 28 and 29 of Anti-dumping Regulations of People’s Republic of China, Ministry of Commerce decided to take
anti-dumping measures by deposit in security as of March 22, 2006.

Deposit in security rates are as follows:

Companies of Taiwan Region:

1.

Chang Chun Plastics Co.,Ltd: 12.78%

2.

All others: 17.31%

Companies of Japan: 17.31%

The relevant interested parities could apply written comments, with related evidence, to Ministry of Commerce for consideration within
20 days as of the date this announcement is issued.

Appendix: Ministry of Commerce Preliminary Arbitration on Anti-dumping Investigation on Imported Polybutylene Terephthalate Resin
(PBT, PBTP or PTMP for short) Originating from Japan and Taiwan region (omitted)

Ministry of Commerce

March 22, 2006



 
Ministry of Commerce
2006-03-22

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON PRINTING AND DISTRIBUTING THE PROTOCOL II ON THE AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA ON THE AVOIDANCE OF DOUBLE TAXATION AND GETTING PREPARED FOR ITS IMPLEMENTATION

The State Administration of Taxation

Circular of the State Administration of Taxation on Printing and Distributing the Protocol II on the Agreement between the Government
of the People’s Republic of China and the Government of the Republic of Korea on the Avoidance of Double Taxation and Getting Prepared
for Its Implementation

Guo Shui Fa [2006] No. 52

To all state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government and the cities specifically designated in the state plan,

The Protocol II to the Agreement between the Government of the People’s Republic of China and the Government of the Republic of Korea
on the Avoidance of Double Taxation and Prevention of Tax Evasion with respect to Taxes on Income was formally concluded in Beijing
on March 23, 2006. This Protocol shall come into force after both contracting states have completed their respective legal procedures.
The text of this Protocol is hereby printed and distributed to you. Please make good preparations for its implementation.

Annex: Protocol II to the Agreement between the Government of the People’s Republic of China and the Government of the Republic of
Korea on the Avoidance of Double Taxation and Prevention of Tax Evasion with respect to Taxes on Income

The State Administration of Taxation

April 5, 2006 Annex:Protocol II to the Agreement between the Government of the People’s Republic of China and the Government of the Republic of Korea
on the Avoidance of Double Taxation and Prevention of Tax Evasion with respect to Taxes on Income

As for the Agreement between the Government of the People’s Republic of China and the Government of the Republic of Korea on the Avoidance
of Double Taxation and Prevention of Tax Evasion with respect to Taxes on Income which was signed in Beijing on March 28, 1994 (hereinafter
referred to as the Agreement), the Government of the People’s Republic of China and the Government of the Republic of Korea agree
to regard the following provisions as an integral part of the Agreement:

Article 1

As for Article 1 of this Agreement, both the contracting states agree that this Agreement does not apply to such a company, trust
or any other entity, if a company or trust or any other entity is a resident of a contracting state, if it is owned or controlled
by one or more direct or indirect beneficiaries who are not residents of this contracting state, and if the tax imposed by this contracting
state on the income of this company, trust or any other entity (after considering the tax amount to be reduced or offset by any means,
including the tax refund, reimbursement, donation, offset, deduction or exemption), the revenue of this contracting state has reduced
substantially in comparison with all shares of the capital stock of the company or all equities of the trust or any other entity
(depending on the corresponding circumstances) which benefit and are owned by one or more residents of this contracting state. However,
if 90% or more of the income completely comes from active trade or business operation other than investment, the aforesaid provisions
shall not apply.

Article 2

The “Korea taxes” as mentioned in Article 2 of the Agreement shall be deemed as including the special tax for rural development which
is a surtax directly or indirectly collected by Korea on the tax base of the income tax or corporation tax.

Article 3

Paragraph 7 of Article 11 of the Agreement shall be deleted and replaced by the following paragraph:

“7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person,
the amount of the interest payment exceeds the amount of what would have been agreed upon by the payer and the beneficial owner in
the absence of such special relationship, the provisions of this Article shall apply only to the last-mentioned amount. Under this
circumstance, the excessive part of the payment shall remain taxable according to the laws of each contracting state, with due attention
being given to the other provisions of the Agreement.”

Article 4

Paragraph 1 of Article 23 in the Korea text of the Agreement and paragraph 2 of Article 23 in the Chinese text shall be deleted
and replaced by the following paragraphs:

“In the event of a resident of Korea, double taxation shall be avoided as follows:

According to the provisions of Korean tax law which regulates that any tax payable in any country other than Korea is allowed to be
credited against the taxes payable in Korea (on condition that it shall not affect the general principle of the Agreement):

(a)

The Chinese taxes payable (excluding, in the case of dividend, tax payable in respect of profits out of which the dividend is paid),
whether directly paid or withheld, in respect of the income sourced within China shall be allowed to credit against Korean taxes
payable in respect of that income according to the laws of China and the provisions of the Agreement. However, the credit shall not
exceed the proportion of Korean taxes payable for the income sourced within China against the entire income subject to Korean tax.

(b)

With regard to a dividend paid by a Chinese resident company to a resident company of Korea, if the Korea company owns not less than
10 percent of the shares of the Chinese company that pays the dividend, the credit shall take into account the Chinese taxes paid
by the company that pays the dividend in respect of its income (except for the circumstance that any Chinese tax is allowed to be
credited in accordance with Item (a) of this paragraph. “

Article 5

1.

Paragraph 3 of Article 23 of the Agreement shall be deleted and replaced by the following Paragraph, which shall cover a 10-year
period as of January 1, 2005:

“3. The taxes payable in a contracting state as mentioned in paragraph 1 (a) and paragraph 2 of this Article shall be deemed to include
the tax which would have been payable but is not paid as a result of tax reduction, exemption or other tax incentives as stipulated
by the provisions of the contracting state for promoting economic development. For the purpose of this paragraph, the amount of tax
shall be deemed to be 10 per cent of the total amount of the dividends, interest and royalties respectively according to paragraph
2 of Article 10 , paragraph 2 of Article 11 and paragraph 2 of Article 12 .”

2.

Paragraph 4 of Article 23 shall be deleted.

Article 6

In despite of the provisions of paragraph 3 of Article 23 , if the income that a resident of a contracting state obtains from the
other contracting state falls within the scope of income as mentioned in this paragraph, and if the competent authorities of a contracting
state considers that this resident shall not enjoy the benefits as described in paragraph 3 of Article 23 after consulting with
the other contracting state and taking the following provisions into consideration, this resident shall be deemed to have paid the
tax on the aforesaid income:

(a)

Whether or not a person makes any arrangement by making use of paragraph 3 of Article 23 of the Agreement for the benefits of his
own or any other person; or

(b)

Whether or not any benefit falls or may possibly fall on a person who is neither a resident of a contracting state nor of the other
contracting state;

(c)

The prevention of tax evasion and cheating of taxes to which the Agreement applies.

Article 7

Both contracting states shall, through the diplomatic channel, notify each other of the completion of legal procedures to be completed
for the entry into force of Protocol II. The Protocol II shall come into force as of the date of the last notice issued by any of
the contracting states.

In witness whereof the undersigned, duly authorized thereto by their respective governments, have signed this Agreement.

The Protocol II is signed in duplicate in Beijing on March 23, 2006 in Chinese, Korean and English, with all texts being equally authentic.
In case of any divergence of interpretation, the English text shall prevail.

For the Government of the People’s Republic of China￿￿￿￿￿￿￿￿￿￿￿￿ For the Government of the Republic of Korea



 
The State Administration of Taxation
2006-04-05

 







CIRCULAR OF THE MINISTRY OF COMMERCE ON RELEVANT MATTERS CONCERNING THE HANDLING OF THE CONFIRMATION LETTER FOR DOMESTIC-FUNDED OR FOREIGN-FUNDED PROJECTS ENCOURAGED BY THE STATE FOR DEVELOPMENT FOR FOREIGN-FUNDED ENTERPRISES






Circular of the Ministry of Commerce on Relevant Matters Concerning the Handling of the Confirmation Letter for Domestic-funded or
Foreign-funded Projects Encouraged by the State for Development for Foreign-funded Enterprises

Shang Zi Fa [2006] No. 201

The competent commercial departments in all provinces, autonomous regions, municipalities directly under the Central Government and
cities specifically designated in the state plan, and that of Xinjiang Production and Construction Corps.,

As to the questions as recently encountered by many local competent departments of commerce in issuing confirmation letter of tax
exemption, this Ministry has made a clear reply in the Reply Letter of the Ministry of Commerce on Relevant Matters Concerning the
Handling of the Confirmation Letter of Tax Exemption for Foreign-Funded Enterprises in the Encouraged Category (Shang Zi Han [2006]
No. 41).

In order to further regulate the operating procedures of tax exemption of import equipment for foreign-funded enterprises and clarify
the specific requirements for foreign-funded enterprises to handle the procedure of obtaining the Confirmation Letter for Domestic-Funded
or Foreign-Funded Projects Encouraged by the State for Development and the Certificate for Importation, by Foreign Investment Enterprises,
of Renewal Equipment, Technology, Fittings and Spare Parts (hereinafter referred to as “Confirmation Letter” and “Import Certificate”
respectively), the circular concerning relevant matters are hereby specified as follows in the light of the Law on Chinese-foreign
Equity Joint Ventures, the Law on Chinese-foreign Contractual Joint Ventures, the Law on Foreign-capital Enterprises, Circular of
the State Council On the Adjustment of Taxation Policy On Import equipment (Guo Fa [1999] No. 37, hereinafter referred to as Document
No. 37), Circular on the Implementation of Adjustment of Taxation Policy On Import equipment (Ji Gui Hua [1998] No. 250) and other
related documents.

I.

Basic Principles

Since the State Council decided to issue the Confirmation Letter to the encouraged projects for foreign investment in 1998 and to
issue Import Certificate to qualified foreign-funded enterprises in 1999, relevant departments of the State Council have issued a
series of documents (see Reply Letter of the Ministry of Commerce on Relevant Matters Concerning the Handling of the Confirmation
Letter of Tax Exemption for Foreign-Funded Enterprises in the Encouraged Category (Shang Zi Han [2006] No. 41), prescribing clearly
the departments issuing the Confirmation Letter and Import Certificate, procedures, basis and operational measures in the implementation.

In principle, the Confirmation Letter for foreign-funded projects in the encouraged category shall be issued respectively by departments
of development & plan, trade & economic cooperation and foreign trade & economic cooperation, of which, the Confirmation
Letters for foreign-funded projects in the encouraged category above the upper limit shall be issued by the National Development
and Reform Commission and the Ministry of Commerce respectively; those below the upper limit shall be issued by relevant departments
of the provincial people’s government in light of the present division of duty and limit of power.

Each locality shall continuously comply with the aforesaid regulations and operational measures to ensure that the work of issuing
the Confirmation Letter and Import Certificate and operational procedures run in a steady way.

II.

The Scope of the Confirmation Letter and Import Certificate issued by commercial departments

i.

The Confirmation Letter for Foreign-Funded Enterprises in the Encouraged Category as examined and approved once for all by the Ministry
of Commerce or local competent departments of commerce (or foreign trade & economic cooperation) in accordance with the Law on
Foreign-capital Enterprises and the detailed rules thereof

ii.

The Confirmation Letter of capital increase projects for Foreign-Funded Enterprises in the Encouraged Category as examined and approved
by competent departments of commerce (or foreign trade & economic cooperation) in accordance with the Law on Chinese-foreign
Equity Joint Ventures, the Law on Chinese-foreign Contractual Joint Ventures, the Law on Foreign-capital Enterprises, the detailed
rules thereof and other relevant regulations

iii.

The Confirmation Letter for Foreign-Funded Joint Stock Limited Companies in the Encouraged Category

iv.

The Confirmation Letter for Foreign-Funded Enterprises in the Encouraged Category in the field of service trade

v.

The Confirmation Letter for Foreign-Funded Enterprises in the Encouraged Category as established by foreign investors through merger
and acquisition

vi.

The Confirmation Letter of self-use equipment and supporting technologies, fittings and spare parts that cannot be produced by an
import country at home or the performance of which cannot meet the needs within the total amount of investment for research and development
center set up with foreign investment

vii.

The Confirmation Letter for Foreign-Funded Enterprises in the Encouraged Category as determined on its own initiative in light of
local characteristics and uniformly examined and approved by the Ministry of Commerce in order to improve the investment environment
and simplify the approval procedures

viii.

The Confirmation Letter that should be issued by commercial departments as prescribed in other laws and regulations

ix.

Import Certificate of self-use equipment and supporting technologies, fittings and spare parts that cannot be produced by an import
country at home or the performance of which cannot meet the needs for the established foreign-funded enterprises in the Encouraged
Category and Restrictive Category B, foreign-funded research and development centers, foreign-funded enterprises of advanced technology
and export-oriented foreign-funded enterprises (hereinafter referred to as “Enterprises within the five categories” for short) for
technological reform, within the scope of production and operation originally approved and with self-possessed funds beyond the total
amount of investment

III.

The procedure of the Ministry of Commerce issuing the Confirmation Letter and Import Certificate

i.

For the foreign-funded enterprises for which the Ministry of Commerce shall issue the Confirmation Letter (hereinafter referred to
as “enterprises above the limit”), a written application shall be transferred to the Ministry of Commerce through the people’s governments
at the provincial level.

1.

Local commercial departments and enterprises above the limit shall provide the following materials:

(1) The request for instruction of the Confirmation Letter and Import Certificate reported by local competent departments of commerce

(2) The explanation of enterprises above the limit that file the application for the Confirmation Letter and Import Certificate

(3) The document of approval based on which an enterprise above the limit is set up, photocopies of certificate of approval and business
license, and the record of passing the joint annual inspections

(4) The photocopy of the report of asset appraisal

(5) The list of import equipment in triplicate under the seal of the competent departments of commerce at the provincial level and
enterprises above the limit

(6) Other materials as required by the Ministry of Commerce

For the enterprises within the five categories that apply for the issuing of Import Certificate for the first time, they shall submit
the audit report of the previous year or the photocopy thereof bearing the official seal of the enterprises and other documents,
and give explanations on the total amount of “self-possessed funds” (to be specific, the reserve funds, development funds, depreciations
and post-tax profits of the enterprises) beyond the total amount of investment.

2.

Competent departments of commerce at the provincial level shall make a preliminary examination on the amount of foreign exchange,
execution term (which may not exceed the enterprise construction term in principle), list of import equipment, industrial policy
items to be applied and the total amount of “self-possessed funds” of enterprises above the limit.

3.

The Ministry of Commerce shall review the written applications filed by competent departments of commerce at the provincial level
within 10 workdays after receiving them. For those complying with the state laws, the Ministry of Commerce shall issue the Confirmation
Letter or Import Certificate in triplicate and a sealed list of import equipment, and send copies of them to the General Administration
of Customs and local customs houses simultaneously. For those failing to comply with the state laws, the Ministry of Commerce shall
issue written opinions and explain the reasons.

4.

Enterprises above the limit shall, before importing equipments, go through the formalities of archival filing of tax reduction and
exemption at the customs offices directly under the General Administration of Customs of the place where the enterprises are located
upon the strength of the Confirmation Letter or Import Certificate and other relevant documents.

ii.

The change procedures of the Confirmation Letter for enterprises above the limit

1.

Where the Ministry of Commerce has issued the Confirmation Letter but the investment indeed needs to be changed in the process of
execution

Where the major items like the total amount, amount of foreign exchange and execution term need to be changed, the competent departments
of commerce at the provincial level shall make a preliminary examination on the changed items and the reasons, and file an application
of change with the Ministry of Commerce, attaching the following materials:

(1) Originals of the Confirmation Letter issued and the record of passing the joint annual inspections,

(2) Explanative materials on changed items (the comparison table shall be attached),

(3) The photocopy of the report of asset appraisal,

(4) Other materials as required by the Ministry of Commerce.

2.

The Ministry of Commerce shall review the written applications within 5 workdays after receiving them. For those complying with the
state laws, the Ministry of Commerce shall issue changed Confirmation Letter in triplicate, and send copies to the General Administration
of Customs and local customs houses simultaneously. If the Ministry of Commerce disagrees with the change, it shall issue written
opinions and explain the reasons.

3.

Enterprises above the limit shall go through the formalities of relevant change at the customs offices directly under the General
Administration of Customs of the place where the projects are located on the strength of the Confirmation Letter and other relevant
documents.

iii.

Principles for Examining the List of Import Equipment

In principle, the list of import equipment of a foreign-funded enterprise shall be issued together with the Confirmation Letter or
Import Certificate, and the Ministry of Commerce shall affix a special seal for the import equipment thereto. The equipment mentioned
in the list of the import equipment attached to the Confirmation Letter shall be the self-use equipment imported by the foreign-funded
enterprise within the total amount of investment, as well as the technologies, fittings and spare parts attached to such equipment
in accordance with the contract. The equipment mentioned in the list of the import equipment attached to the Import Certificate shall
be the self-use equipment as well as the technologies, fittings and spare parts attached to such equipments that cannot be produced
at home or the performance of which cannot meet the needs.

Where the import scale is large and the construction period is long, and all the import equipment can not be determined by the foreign-funded
enterprise when the Confirmation Letter is issued, the written application may be filed by the local commercial department to the
Ministry of Commerce by batches, and the Ministry of Commerce may affirm them by batches and affix a special seal for the import
equipment.

IV.

Procedures for the Local Commercial Department to Issue Confirmation Letters and Import Certificates

i.

The competent department of commerce at the provincial level shall be responsible for issuing Confirmation Letters and Import Certificates
for the foreign-funded enterprises as approved by the local commercial department (hereinafter referred to as the “enterprises under
the limit”).

ii.

The competent department of commerce at the provincial level shall issue Confirmation Letters and Import Certificates by reference
to the procedures prescribed in this Circular. The Confirmation Letters and Import Certificates issued by the competent department
of commerce at the provincial level shall be reported to the Ministry of Commerce for archival filing within one month.

V.

Relevant Principles for Issuing Confirmation Letters and Import Certificates

i.

The following principles shall be followed in issuing Confirmation Letters:

1.

Where an enterprise which does not meet the production requirement applies for a Confirmation Letter, the amount of tax exemption
shall be: the total amount of investment (the amount of the increased capital) ￿￿the amount of the investment in infrastructure￿￿the
amount for purchasing domestic equipment and other￿￿the fluid capital of the enterprise￿￿the non-cash capital contribution of both
Chinese and foreign parties (except for the capital contributions by equipment).

2.

Where the business scope of a foreign-funded enterprise covers not only the category of encouragement but also the category of permission
or the category of restriction, its application for a Confirmation Letter and the list of the import equipment attached thereto shall
only include the self-use equipment imported for the business scope in the Encouraged Category and the technologies, fittings and
spare parts attached to such equipment in light of the contract, while the import equipment under the business scope of the permitted
category or the restrictive category shall not be listed into the application or the list.

ii.

The following principles shall be followed in issuing Import Certificates:

1.

Each locality shall issue Import Certificates for the “enterprises within the five categories” in strict accordance with the requirements
in the Circular of the former Ministry of Foreign Trade and Economic Cooperation on the Relevant Issues Concerning the Import Equipment
of Foreign-funded Enterprises (Wai Jing Mao Zi Fa [2000] No. 478) and the Circular of the General Administration of Customs on the
Relevant Taxation Policies for Further Encouraging Foreign Investment (Shu Shui [1999] No. 791).

2.

Each local commercial department shall set up a database of “self-possessed funds”, and deduct the amount of “self-possessed funds”
correspondingly after issuing Import Certificates to the enterprises.

Where any “enterprise within the five categories” applies for issuing an Import Certificate again, the amount of tax exemption shall
not exceed the amount of “self-possessed funds” after deduction. After the Import Certificate is issued to an enterprise, the newly
added “self-possessed funds” can be included into the amount of “self-possessed funds”, and the enterprise shall provide corresponding
certificates when he files an application.

iii.

Where a foreign-funded enterprise is created by means of merger, the following principles shall be followed when a Confirmation Letter
or Import Certificate is issued thereto:

1.

If the merged enterprise meets the production requirement, no Confirmation Letter may be issued in principle;

2.

If the foreign investor mergers an enterprise within the territory of China by means of capital increase and newly increases its
production capacity and enlarges its production scale, the commercial department shall issue a Confirmation Letter in light of the
principles as prescribed in Paragraph 1 of Article 5 ; and

3.

If the foreign-funded enterprise established by means of merger falls within “enterprises within the five categories”, it shall apply
for issuing an Import Certificate in accordance with the relevant provisions on the “self-possessed funds” beyond the total amount
of investment of the “enterprises within the five categories”, and the aforesaid “self-possessed funds” shall be newly added after
merger by the foreign-funded enterprise, and the foreign-funded enterprise shall provide corresponding certificates and explanations
to the commercial department.

iv.

Each commercial department at the provincial level shall strictly enforce the relevant provisions, and may not enlarge the application
scope of the clauses and items on the category of encouragement at will or illegally issue Confirmation Letters or Import Certificates,
and may not issue Confirmation Letters or Import Certificates to the enterprises that fail to conform to the requirements of environmental
protection as prescribed by the State.

v.

The Ministry of Commerce shall strengthen its supervision over and guidance of the work on issuing Confirmation Letters to the “enterprises
under the limit”, and shall order the Confirmation Letters or Import Certificates for which the archival filing formalities have
not been handled in time or issued against the provisions to be corrected or cancelled; and shall suspend the qualifications for
issuing Confirmation Letters or Import Certificates if the circumstance is serious, and also notify the relevant customs houses in
combination with the General Administration of Customs for suspending the relevant tax exemption at the import link.

VI.

The enterprises invested by the residents in Taiwan, Hong Kong and Macao shall be governed by this Circular by analogy.

VII.

This Circular shall be implemented as of the promulgation date, and the power to interpret it shall remain with the Ministry of Commerce.
When encountering any problem in the course of implementation, please contact this Ministry (to be exact, the Department of Foreign
Investment) in a timely way.

Attachment: List of the Import Equipment of Foreign-funded Enterprises

(Seal of) the Ministry of Commerce

April 29, 2006




Annex

￿￿

￿￿

Annex:

List
of the Import Equipment of Foreign-funded Enterprises

￿￿


Shang Zi Que Zi [200 ] Attached Form No.

￿￿￿￿        
(Seal of) the Company

￿￿￿￿             
List
of the Import Equipment for the Project

￿￿￿￿Unit: 10,000 US Dollars

Serial
Number

Name

Specifications
and Models

Quantity(Tai /Set)

Unit
Price

Amount
of Foreign Exchange to Be Used

Name
of the Import Country

Comments

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Sum

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￿￿￿￿Date                   
Contact
Person                     
Telephone                     




CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ABOUT THE ISSUES CONCERNING THE EXEMPTION OF INDIVIDUAL INCOME TAX ON THE COMMISSION INCOMES OBTAINED BY INSURANCE SALESMEN

Circular of the State Administration of Taxation about the Issues concerning the Exemption of Individual Income Tax on the Commission
Incomes Obtained by Insurance Salesmen

Guo Shui Han [2006] No.454

The administrations of local taxes of all the provinces, autonomous regions, municipalities directly under the Central Government,
and cities specifically designated in the state plan,

Because of the fierce horizontal competition in the insurance market at present time, the sales expenses of the insurance salesmen
have increased accordingly, and the cost for business development cannot be deducted completely pursuant to the existing provisions.
For the purpose of promoting the development of the insurance industry, and adjust the tax burden of the insurance salesmen reasonably,
we hereby notice as follows:

I.

In accordance with the provisions of the Notice on Clarifying the Composition of the Commissions of Insurance Salesmen (Bao Jian
Fa [2006] No.48 ) by the China Insurance Regulatory Commission, the commissions of the insurance salesmen shall consist of the cost
for business development and the labor remuneration . In accordance with the provisions of the tax law, no individual income tax
shall be levied on the cost for business development in the commission. With regard to labor remuneration, individual income tax
shall be levied by deducting the operating tax and associate charge that have been paid actually according to the relevant provisions
of the tax law.

According to the present actual conditions on business development by insurance salesmen, the proportion of the cost in the commission
for business development shall be determined as 40% for the time being.

II.

The tax authorities at all levels shall calculate and levy tax money in strict accordance with tax law and the aforesaid provisions,
and shall not expand the scope of application, specification , and standard of the policy without permission, and shall not implement
the policies in violation of the uniform provisions of state.

III.

This Notice shall be implemented as of June 1, 2006. Articles 1, 3, and 5 of the Notice of the State Administration of Taxation on
Computation and Collection of Individual Income Tax on the Incomes Obtained by Insurance Salesmen (Non-employees) (Guo Shui Fa [1998]
No.13 ) and the Notice of the State Administration of Taxation on Relevant Issues concerning Collection of Individual Income Tax
on the Incomes Obtained by Insurance Salesmen (Guo Shui Fa [2002] No.98 ) shall be abolished simultaneously.

State Administration of Taxation

May 15, 2006

 
State Administration of Taxation
2006-05-15

 




CIRCULAR OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON IMPLEMENTING THE EXECUTION OPINIONS ON SEVERAL ISSUES CONCERNING LAW APPLICATION FOR THE ADMINISTRATION ON THE EXAMINATION, APPROVAL AND REGISTRATION OF FOREIGN-FUNDED COMPANIES

Circular of the State Administration for Industry and Commerce on Implementing the Execution Opinions on Several Issues concerning
Law Application for the Administration on the Examination, Approval and Registration of Foreign-funded Companies

Gong Shang Wai Qi Zi [2006] No.102

The administrations for industry and commerce of all the provinces, autonomous regions, municipalities directly under the Central
Government and cities under separate state planning,

With the purpose of correctly applying the Company Law, the Regulations on Company Registration Administration and the relevant laws
on foreign investment, keeping the continuity of the laws and policies on foreign investment utilization in our country, and further
improving the quality and level of the work of the administration on the access of direct foreign investment, the State Administration
for Industry and Commerce, the Ministry of Commerce, the General Administration of Customs, and the State Administration of Foreign
Exchange jointly printed and distributed the Execution Opinions on Several Issues concerning Law Application for the Administration
on the Examination ,Approval and Registration of Foreign-funded Companies (No.81 [2006] of the State Administration for Industry
and Commerce, hereinafter referred to as the Implementation Opinions) on April 24, 2006. In order to better carry out and fulfill
the Implementation Opinions, we hereby notice of the relevant matters as follows:

I.

To enhance cognition, and intensify study. The Implementation Opinions have, satisfying the demands of new situations and on the
basis of clarifying the principles of law application for the administration on the examination, approval and registration of foreign-funded
companies, put forward clear and concrete opinions on issues such as the organizations, forms of establishment, time limit of application
for registration, documents required to be submitted at the time of examination, approval and registration, ways of capital contribution,
supervision over capital contribution, domestic investment, the status of the affair-handling offices, and the customs and foreign
exchange management related to capital contribution, and etc. The Implementation Opinions are effective measures for the relevant
departments of the state in terms of implementation of the newly revised Company Law, Regulations on Company Registration Administration
and the relevant foreign investment laws, specific embodiment of the transformation of functions, administration according to law,
coordination and cooperation, and optimization of services of the relevant law enforcement departments of the state, and are also
the positive achievements of foreign capital registration and administration system for progress , exploitation and innovation. Every
locality shall combine the study and implementation of the Implementation Opinions with the study of the Company Law and the Regulations
on Company Registration Administration, with the study of foreign investment laws and regulations, so as to digest and understand
them thoroughly, and shall earnestly fulfill the duties and regulate the work for the administration of foreign investment registration
according to the new legal requirements, so as to ensure that the work for the administration of registration of foreign investment
is adapted to the new situations.

II.

To strictly execute the laws and unify the criterions. Every locality shall, in light of the actual situation of local foreign investment,
intensify the coordination and cooperation with the relevant functional departments, pay attention to mastering the standard for
law enforcement, and especially do well in the following several jobs:

1.

As to the organizations of foreign-funded companies, much clearer distinction has been made in the Implementation Opinions on different
types of foreign-funded companies according to the Company Law and the relevant foreign investment laws: Sino-foreign equity joint
venture and Sino-foreign contractual limited companies shall establish the board of directors as the power organ according to the
relevant provisions, and other organizations of the company shall be prescribed in the articles of association of the company in
light of the corporate autonomy principle; the organizations of foreign-funded joint venture, solely foreign-funded limited companies
and foreign-funded joint stock companies shall accord with the provisions of the Company Law, and shall establish and perfect all
organizations of the companies. On whether or not the foreign-funded companies that has been established before January 1, 2006 shall
make revisions on their articles of association, the company registration organs do not have any mandatory requirement, and the companies
may make a decision by themselves. If they have any revision, they shall report it to the examination and approval department for
approval and to the registration organ for archival filing.

2.

As to the notarization and certification documents on the subject qualifications of a foreign investor or the identity certificate
thereof, the Implementation Opinions have made provisions in principle, and the concrete channels of notarization and certification
have been clarified in the revised Design of Registration Book of Foreign-Funded Enterprises and the Requirements Thereof. The applicants
may, in light of the corresponding requirements, submit the certificate documents on the basis of the application matters.

3.

As to the qualifications of foreign-funded companies for domestic investment, the Implementation Opinions have, according to the
Administrative License Law and the Company Law, clarified that the company registration organs shall not any more examine the certificates
of corresponding investment qualification. Articles 5 and 6 of the Interim Provisions on Domestic Investment by Foreign-funded Enterprises
shall not be implemented any longer.

4.

As to the registration of the affair-handling offices, the Implementation Opinions have clarified the handling measures, namely,
the affair-handling offices that have been registered formerly may not transact the formalities for extension any longer; after the
expiry of the time limit, they shall transact the formalities for writing-off registration or apply for establishing a branch company
upon the needs.

It should be illuminated that the existence of the affair-handling office of a company is not prohibited by law, a foreign-funded
enterprise may directly establish an affair-handling office for business contact upon the needs of business operation with no needs
to transact the registration formalities for industry and commerce.

After the affair-handling offices of foreign-funded companies are no longer subject to the industry and commerce registration, the
administrative department of foreign investment registration shall continue to supervise them, and prohibit them from undertaking
operational activities. Every authorized administration and basal office of industry and commerce that in charge of territorial supervision
shall, when making supervision over the law enforcement, focus on the key points in the investigation and punishment of operational
activities undertaken by affair-handling offices, and pay attention to mastering the extent for law enforcement. Anyone that directly
pursue commodity production or service provision under the name of the affair-handling offices shall be investigated and punished
severely according to law. If the situation is slight and the harm is not serious, it shall mainly be guided and regulated.

III.

To strengthen propagandizing and serve the society. The Implementation Opinions have, according to the newly revised Company Law
and foreign investment laws and regulations, clarified some applicable opinions on improving the administration of the registration
of foreign-funded companies, of which there are both the contents of reducing the market access standard for foreign investment,
simplifying the formalities for the examination, approval and registration and optimizing the investment environment, and the contents
of regulating the governance structure of foreign-funded enterprises, regulating the registration documents and procedures and strengthening
supervision and administration. Every locality shall, in light of the reality of its own region, take effective measures to strengthen
training and propagandizing on Company Law and the Implementation Opinions. The training objects shall cover the basal supervision
and administration personnel. The functions of every industrial association, Taiwan merchant association, liaison staff of industry
and commerce and any other intermediate organization and personnel shall be fully exerted, and reports shall be forwardly circulated
to them to strengthen communications. And their opinions and suggestions shall be heard in a timely manner so as to continuously
improve the work of their own and earnestly improve the effect of implementation.

IV.

To modify the software to meet requirements. The Implementation Opinions have made a more detailed classification on foreign-funded
companies, and also have adjusted the procedures for examination, approval and registration. Every locality shall, in combination
with the implementation of the Circular on Applying Database and Establishing National System of Monitoring and Analysis on Foreign
Investment Registration Administration Data (No.146 [2005] of the State Administration for Industry and Commerce) of the State Administration
for Industry and Commerce and the requirements of the relevant regulations, make necessary adjustments and complementation on the
corresponding registration software and data indexes. Meanwhile, every locality shall, in light of the requirements for the design
of registration book and the criterions as printed and distributed by the State Administration for Industry and Commerce in the Circular
on Amending Part of the Design of Registration Books of Foreign-funded Enterprises (No.213 [2005] of the State Administration for
Industry and Commerce), make proper adjustment and improvement on the tables of registration documents in combination with the local
reality.

Every authorized administration shall, during the process of implementation, reinforce guidance to the work for the basal supervision
and administration over foreign investment, earnestly summarize the experiences, pay attention to hearing the opinions and suggestions
of all the parties concerned, gather the new situations and new problems arising during the implementation, strengthen the research
on them and make a timely feedback manner.

The State Administration for Industry and Commerce

May 26, 2006



 
State Administration for Industry and Commerce
2006-05-26

 







NOTICE OF THE SUPREME PEOPLE’S COURT ON THE THIRD CIVIL DIVISION OF THIS COURT SHALL BE OFFICIALLY ADDRESSED AS “INTELLECTUAL PROPERTY DIVISION”

Notice of the Supreme People’s Court on the Third Civil Division of This Court shall be Officially Addressed as “Intellectual Property
Division”

Fa Fa [2006] No. 14

The higher people’s Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the military
courts of the P LA, the Production and Construction Army Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region:

The Third Civil Division of the Supreme People’s Court shall be officially addressed as “Intellectual Property Division of the Supreme
People’s Court”, according to the requirements of adjudicative work and upon the approval of the General Office of the Central Organization
& Staffing Committee. The people’s courts at various local levels which have established an intellectual property adjudicative
organ shall regard it as reference.

The Supreme People’s Court

June 5, 2006



 
Supreme People’s Court
2006-06-05

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON THE EFFECTIVENESS AND IMPLEMENTATION OF THE AGREEMENT ON THE AVOIDANCE OF DOUBLE TAXATION BETWEEN CHINA AND TRINIDAD AND TOBAGO

Circular of the State Administration of Taxation on the Effectiveness and Implementation of the Agreement on the Avoidance of Double
Taxation between China and Trinidad and Tobago

Guo Shui Fa [2006] No. 139

The state taxation bureaus and local taxation bureaus of all provinces, autonomous regions, municipalities directly under the Central
Government and the cities specifically designated in the state plan:

The Chinese government and the Government of Trinidad and Tobago officially subscribed the Agreement of the Avoidance of Double Taxation
and Prevention of Tax Evasion concerning Income at the capital of Trinidad and Tobago, Port of Spain, on September 18, 2003. The
foreign affairs departments of both governments have compared notes with each other on August 24, 2004 and April 22, 2005 respectively,
confirming that the necessary legal procedures for going into effect have been accomplished. Based on the prescriptions of Article
28 of the Agreement, the Agreement should enter into force as of May 22, 2005, and shall be implemented as of June 1, 2005 and January
1, 2006 respectively in light of the different income items. The text of the above-mentioned Agreement has been printed and distributed
to you by the State Administration of Taxation through Document Guo Shui Fa [2003] No. 1124 on October 23, 2003. Please abide hereby.

The State Administration of Taxation

September 5, 2006



 
The State Administration of Taxation
2006-09-05

 







PROVISIONS FOR THE ADMINISTRATION OF THE CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON STATISTICS

Decree of the General Administration of Customs

No. 153

The Provisions for the Administration of the Customs of the People’s Republic of China on Statistics been deliberated and adopted
at the executive meeting of the General Administration of Customs on August 29, 2006. They are hereby promulgated and shall enter
into force as of November 11, 2006. The Statistical System of the Customs of the People’s Republic of China promulgated on November
21, 1994 shall be abolished therefrom.
Director Mou Xinsheng

September 12, 2006

Provisions for the Administration of the Customs of the People’s Republic of China on Statistics

Article 1

In order to regulate the customs statistics and guarantee the quality of statistical data the present Provisions are formulated under
the Customs Law of the People’s Republic of China, Regulation on Customs Statistics of the People’s Republic of China as well as
other relevant laws and administrative regulations.

Article 2

The present Provisions shall apply to the statistics performed in accordance with relevant laws by customshouses regarding import
and export trade in goods or the entry and exit of matters, or other relevant statistics concerning the import and export of goods
or the entry and exit of matters.

Article 3

Customs statistics shall abide by the principles of accuracy, timeliness, scientific integrity and international comparability.

Article 4

The customshouses shall perform statistical surveys in accordance with relevant laws, collect and inspect original customs declaration
materials submitted by the consignees and consignors of import and export goods or by their agents in a comprehensive manner, and
collect and sort out statistical data.

Article 5

The customshouses shall make statistical analysis on the data concerning import and export trade, and have investigation on the operational
characteristics, tendencies and rules of foreign trade.

The customshouses shall implement the instant monitoring on import and export trade and the dynamic early warning subject to the statistical
data on import and export trade and relevant data about macro economy at home and abroad.

Article 6

The customshouses shall implement statistical surveillance on the basis of customs statistical data, surveil the import and export
behaviors and processes of enterprises, perform analysis and evaluation on the customs law enforcement activities, and inspect and
correct the acts of misstating or concealing, forging or altering the statistics.

Any problem found or any suggestion brought forward by the statistical department of the customshouse shall be timely disposed of
by the relevant department or entity and a reply shall be rendered accordingly.

Article 7

The customshouse shall implement statistical consultancy services in accordance with relevant provisions of the State.

The customshouses shall offer paid consultancy services relating to the data and information on import and export trade excluding
comprehensive statistical materials that are publicized under law and provided at no charge.

Article 8

The coverage scope of customs statistics shall include the goods that actually enter or exit the territory and lead to the increase
or decrease of the stock of goods within the territory of China as well as the matters that shall be integrated into statistics in
accordance with relevant laws.

Article 9

The goods or matters that do not actually enter and exit the territory or that actually enter and exit the territory of China but
do not lead to the increase or decrease of the stock of goods within the territory of China shall not be included into customs statistics.

Article 10

The goods below shall not be included into customs statistics:

(1)

Transit goods, transshipment goods, and through goods;

(2)

The temporary import and export goods;

(3)

Currency and gold used as currency circulated in the international balance of payments;

(4)

Leased goods with a term of no more than one year;

(5)

Similar goods compensated without payment or changed by the consignee or consignor of import and export goods or the insurance company
due to spoiled or damages, shortage, low quality, or inconsistent with specifications;

(6)

Returned goods;

(7)

Import and export goods for the mutual trade between border inhabitants;

(8)

Aquatic products caught by Chinese ships on the high seas;

(9)

Fuel, materials or food replenished or loaded by Chinese ships or aircrafts within the territory of China; and the fuel, materials,
food and abandoned waste materials replenished or loaded by Chinese or foreign transport vehicles outside the territory of China;

(10)

Samples or advertising goods without commercial value;

(11)

Goods transferred between two special customs surveillance areas, or between two bonded surveillance areas, or between one special
customs surveillance area and one bonded surveillance area; and

(12)

Other goods that shall not be included into customs statistics.

Article 11

The following matters shall not be included into customs statistics:

(1)

Repairing items;

(2)

Salvage items;

(3)

Personal belongings (excluding the autos) of passengers entering and exiting the territory of China;

(4)

Public belongings that enters and exits the territory of China with embassies and consulates of China stationed in foreign countries
and those of foreign countries stationed in China, as well as the personal belongings for consulate personnel;

(5)

Public belongings that enters and exits the territory of China with the armies of China stationed in Hong Kong and Macao Special Administrative
Regions, as well as the personal belongings for the military personnel;

(6)

Other items that shall not be included into customs statistics.

Article 12

The customshouses may make single statistics of the goods and matters that shall not be incorporated into customs statistics in accordance
with the administrative requirements.

The quantity and amount of single statistics shall not be included into the total quantity and amount of customs statistics.

Article 13

The customshouses may adjust statistical items for the import and export goods and the matters entering and exiting the territory
of China according to the requirements for developing national economy and customs surveillance; and may make long-term or step-by-step
statistics of part of the statistical items for the import and export goods and the matters entering and exiting the territory of
China.

As regards the adjustment of statistical items, an announcement shall be publicized by the General Administration of Customs.

Article 14

The names and serial numbers of the goods in the customs statistical items shall be divided and made statistics subject to the names
and serial numbers of goods as stipulated in the Catalogue of Commodities under Customs Statistics of the People’s Republic of China.

The Catalogue of Commodities under Customs Statistics of the People’s Republic of China shall be promulgated by the General Administration
of Customs.

Article 15

As regards the quantity (weight) of import and export goods, the statistics shall be performed pursuant to the measure unit as described
in the Catalogue of Commodities under Customs Statistics of the People’s Republic of China.

If there is any second measure unit for the goods as prescribed in the Catalogue of Commodities under Customs Statistics of the People’s
Republic of China, the statistics of the second quantity (weight) of goods shall be performed according to the second measure unit.

Article 16

As regards the price of import and export goods, the statistics shall be implemented based on the tax-paid value as inspected and
approved by the customshouses.

The statistics of the price of import goods shall be carried out subject to the CIF Price (cost + insurance premium + freight), and
the statistics of the price of export goods shall be implemented subject to the FOB Price (free on board).

Article 17

As regards the price of import and export goods, the statistics shall be performed respectively in USD and RMB. In case of the price
of import and export goods calculated by any other foreign currency, the statistics shall be carried out by converting the said foreign
currency into the value of USD and RMB at the conversion rate of the said foreign currency against USD monthly publicized by the
State Administration of Foreign Exchange and the conversion rate of the Bank of China that is applied for tax collection by the customshouse.

Article 18

As regards the country (region) of origin, the statistics of the import goods shall be performed in accordance with the Regulations
of the People’s Republic of China on the Place of Origin of Import and Export Goods and other relevant provisions of the General
Administration of Customs.

If the country (region) of origin of the import goods is uncertain, the statistics shall be carried out under the item of country
unknown.

Article 19

As regards the final country (region) of destination, the statistics of the export goods shall be performed in accordance with the
known country (region) where the export goods are consumed, used or further processed and produced.

Where the export goods are not directly transited by a third country (region), their final country (region) of destination shall be
the country (region) to which the export goods are directly transported.

Where the export goods are transited by a third country (region), their final country (region) of destination shall be the country
(region) to which the export goods are finally transported.

If the final country (region) of destination of the export goods is uncertain, their statistics shall be implemented in accordance
with the final country (region) of shipment that can be predicted as possible when exporting.

Article 20

As regards the country (region) of shipment, the statistics of the import goods shall be performed in accordance with the country
(region) of shipment from where the goods are directly transported to China and without commercial transaction in the transit country
(region).

Where the directly transported goods are not transited by a third country (region), the country (region) of departure shall be the
country (region) in which the shipment port of the import goods is located.

Where the import and export goods are transited by a third country (region), if no commercial transaction occurs in the transit country
(region), the country (region) of dispatch of import goods shall be the country (region) of departure; if any commercial transaction
occurs in the transit country (region), the transit country (region) shall be the country (region) of departure.

Article 21

As regards the country (region) of destination, the statistics of the export goods shall be implemented according to the final country
(region) of destination under the circumstance provided that the export goods are transported from China directly to the final country
(region) of destination and without commercial transaction occurred in the transit country (region).

Where the directly transported goods are not transited by a third country (region), their country (region) of destination shall be
the country (region) in which the destination port of the export goods is located.

Where the import and export goods are transited by a third country (region), if no commercial transaction occurs in the transit country
(region), the final country (region) of destination of export goods shall be the country (region) of destination; and if any commercial
transaction occurs in the transit country (region), the transit country (region) shall be the country (region) of destination.

Article 22

As regards the destination of import goods within the territory of China, the statistics shall be performed subject to the place
where the import goods are consumed, used or finally transported within the territory of China, of which, the final place of destination
shall be the place in which the final using entity is located.

If the final using entity is difficult to be determined, the statistics shall be implemented according to the place of the final receiving
entity that can be predicted when the goods are imported.

Article 23

As regards the place of sources of export goods within the territory of China, the statistics shall be performed in accordance with
the producing area or the original place of delivery within the territory of China.

If the transport vehicles of export goods have been changed for many times, and it is difficult to determine their producing area
within the territory of China, the statistics shall be implemented according to the place in which the entity that firstly delivers
the export goods is located.

Article 24

The statistics of the business units shall be carried out pursuant to the legal persons, other organizations or individuals that
have been registered at the customshouse and that engage in the import and export trade within the territory of China.

With respect to the business units that have been registered at the customshouse and have the right to engage in import and export
trade, the customshouse making registration shall establish the nationally universal codes of business units for them.

The code of the business units shall be subject to the administration of the competent customshouse at the locality of business units.

Article 25

As regards the trade modes and goods under single statistics (see the Annexes) made by customshouses, the statistics shall be performed
separately in accordance with the trading modes adopted by the buyers and sellers of import and export goods and the requirements
of customs surveillance.

If the customshouse adjusts trading modes subject to the development of national economy or the requirements of customs surveillance,
an announcement shall be publicized by the General Administration of Customs.

Article 26

The statistics on the mode of transport shall be implemented according to the water transport, railway transport, road transport,
air transport and mail transport, or other modes.

For import goods, the statistics on the mode of transport shall be implemented subject to the modes by which the goods are transported
to the first port within the territory of China; and for export goods, the statistics on the mode of transport shall be implemented
subject to the modes by which the goods are transported away from the last port within the territory of China.

As regards the goods carried by passengers entering and exiting the territory, the statistics shall be performed in accordance with
the transport vehicles taken by the passengers.

As regards the import and export express goods by means of non-postal modes, the statistics shall be carried out according to actual
modes of transport.

As regards the goods that are transported by manual labor, animals labor, pipes, cables and conveyors, or other ways, the statistics
shall be performed according to other modes of transport.

Article 27

The statistics of import goods shall be implemented according to the date when the goods are discharged by the customshouse; and
the statistics on export goods shall be implemented according to the date of customs clearance.

The statistics of the import goods in transit shall be performed according to the date when the goods are discharged by the customshouse;
and the statistics of the export goods in transit shall be performed according to the date when the customshouse at the place of
departure makes clearance.

The monthly statements, annual statements and other statistical materials shall be collected and worked out on the basis of Gregorian
Calendar month and year.

Article 28

The statistics of import and export goods shall be implemented subject to the customshouses accepting the declaration of import and
export goods.

The statistics of import goods in transit shall be implemented according to the customshouses at the place of destination that accept
the declaration of goods; and the statistics of export goods in transit shall be implemented according to the customshouses at the
place of shipment that accept the declaration of goods.

Article 29

The original customs statistical materials shall comprise the Customs Declaration of the Customs of the People’s Republic of China
on the Import Goods, the Customs Declaration of the Customs of the People’s Republic of China on the Export Goods, the Filing Lists
of the Customs of the People’s Republic of China on the Import Goods Imported into Bonded Areas, the Filing Lists of the Customs
of the People’s Republic of China on the Export Goods into Exiting Bonded Areas, the Filing Lists of the Customs of the People’s
Republic of China on the Import Goods Imported into Export Processing Zones, the Filing Lists of the Customs of the People’s Republic
of China on the Export Goods into Exiting Export Processing Zones, other customs declaration documents, attached documents and relevant
electronic data.

The original paper materials about customs statistics shall be kept for three years as of the date when the surveillance of import
and export goods is released except for any special circumstance; and the electronic data about customs statistics shall be kept
for long term.

The General Statistical Department of the General Administration of Customs shall be responsible for the administration of the national
customs statistical materials; and the statistical departments of customshouse directly under the General Administration of Customs
shall be responsible for the administration of its customs statistical materials.

Article 30

The information of customs statistics shall be the relevant statistical information that is collected and sorted out from the original
customs statistical materials.

The customshouse shall publicize the statistical information to the general public at regular intervals, and declare the time for
publishing the monthly statements, annual statements and other statistical materials of the next year in December annually.

Article 31

The General Administration of Customs shall regularly offer relevant comprehensive statistical materials to the relevant departments
of the State Council at no charge. The customshouses directly under the General Administration of Customs shall regularly provide
relevant comprehensive statistical materials to relevant department of the people’s government of the local province, autonomous
region, or municipality directly under the Central Government at no charge.

The comprehensive customs statistical materials shall contain the items as follows:

(1)

Schedule of total import and export value of all the regions;

(2)

Schedule of total value of import and export goods by different trading modes;

(3)

Schedule of total import and export value by different countries (regions);

(4)

Schedule of import and export value by main commodities;

(5)

Schedule of total import and export value by different enterprises;

(6)

Schedule of total import and export value by different modes of transport; and

(7)

Analysis report that can reflect the general schedule of import and export, and the information concerning import and export monitoring
and early warning, etc.

Article 32

The statistical personnel of the customshouses shall be under the obligation to keep confidential to the state secrets, business
secrets and customs secrets that they have access to in the process of making statistics.

Article 33

No entity or individual may illegally sell any customs statistical materials or electronic customs statistical data without authorization
of the customshouse.

Article 34

The statistical department of the customshouse that have any question about the contents declared in the original statistical materials
may directly inquire to the concerned parties and verify the relevant contents, and the concerned parties shall reply on fact timely.

Where any statistical item that shall be declared according to law fails to be declared or the any false declaration affects the accuracy
of customs statistics, the concerned parties shall make correction as ordered by the customshouse in addition to the imposition of
punishments according to law.

Article 35

The statistical personnel of the customshouses shall observe the provisions as described by the Customs Law of the People’s Republic
of China and the Statistics Law of the People’s Republic of China, and shall not distort customs statistical materials or forge false
data by himself, participating or inciting others.

The statistical personnel of the customshouse have the right to reject, expose or curb the deliberate interference that affects the
impartiality or genuineness of customs statistics.

Article 36

If any statistician in the customshouse neglects his duties, abuse his official capacities or commits irregularities for personal
interests, he shall be given sanctions; and if a crime is constituted, he shall be investigated of criminal liability according to
law.

Article 37

If any item that shall be declared according to law fails to be declared or the any false declaration affects the accuracy of customs
statistics, the customshouse shall order the concerned party to make correction, and if it is necessary to give an administrative
sanction, the concerned party shall be given a punishment by the customshouse under the provisions in the Regulation for the Implementation
of the People’s Republic of China on Customs Administrative Sanctions.

Article 38

The present Provisions are subject to the interpretation of the General Administration of Customs.

Article 39

The present Provisions shall enter into force as of November 11, 2006. The Statistical System of the Customs of the People’s Republic
of China promulgated on November 21, 1994 shall be abolished therefrom.

Annexes:

1.

Trading Modes for Customs Statistics

2.

Goods under Single Statistics

Annex I:
Trading Modes for Customs Statistics

1.

General trade

2.

Gratuitous aid and donation of materials between countries or international organizations

3.

Donated materials

4.

Compensation trade

5.

Processing and assembling trade by customer’s materials

6.

Processing trade with imported materials

7.

Consignment trade

8.

Petty trade in the border areas

9.

Processing trade with imported equipment

10.

Export goods for contracted projects with foreign countries

11.

Leasing trade

12.

Import of equipment and materials as the investment of foreign-funded enterprise

13.

Processing trade with exported materials

14.

Barter trade

15.

Tax-free foreign exchange commodities

16.

Inbound and outbound storage of transit goods in bonded warehouses

17.

Inbound and outbound storage of transit in bonded areas

18.

Import equipment of export processing zones

19.

Others

Annex II:
Goods under Single Statistics

1.

Tax-free matters

2.

Re-import of refined oil originally exported for processing trade that is originally exported

3.

Domestic sales of goods that are processed with imported materials originally

4.

Domestic sales of goods that are processed with customers’ materials originally

5.

Domestic sales of equipment that are produced by processing trade originally

6.

Carryover of goods that are deeply processed with imported materials

7.

Carryover of goods that are deeply processed with customers’ materials

8.

Carryover of equipment after processing trade

9.

Carryover of remaining materials after the processing with imported materials

10.

Carryover of remaining leftover materials after the processing with customers’ materials

11.

Returned goods

12.

Re-export of materials and matters after the processing with imported materials

13.

Re-export of materials and matters after the processing with customers’ materials

14.

Returned equipment after processing trade

15.

Goods transported from bonded areas to non-bonded areas

16.

Goods transported from non-bonded areas to bonded areas

17.

Returned goods from bonded zones

18.

Domestic sales of goods that are stored in bonded warehouses originally

19.

Goods that are stored in export surveillance warehouses within the territory of China

20.

Returned goods from export surveillance warehouses

21.

Goods transported from export processing zones

22.

Goods transported into export processing zones

23.

Goods transported from bonded logistics parks

24.

Goods transported into bonded logistics parks

25.

Goods transported from bonded logistics centers (type A and B)

26.

Goods transported into bonded logistics centers (type A and B)

27.

Goods in transit

28.

Other goods that shall be subject to single statistics



 
The General Administration of Customs
2006-09-12

 







THE TECHNICAL POLICY FOR THE RECOVERY AND UTILIZATION OF AUTOMOBILE PRODUCTS

National Development and Reform Commission, Ministry of Science and Technology, State Environmental Protection Administration

Announcement of the National Development and Reform Commission, the Ministry of Science and Technology and the State Environmental
Protection Administration

No.9

For the purpose of promoting the construction and development of the system of circular economy in China, protecting the environment,
enhancing the efficiency of resource utilization, fulfilling the scientific development concept, and realizing the sustainable development
of society and economy, the National Development and Reform Commission, the Ministry of Science and Technology and the State Environmental
Protection Administration jointly formulated the Technical Policy for the Recovery and Utilization of Automobile Products (hereinafter
referred to as this Technical Policy).

This Technical Policy is a guiding document on pushing forward the establishment of the system of discarding and recovery of automobile
products in China. It aims at guiding the production and sale of automobiles, initiation of relevant enterprises, carrying out and
promoting the design, manufacture, discarding, recovery, and recycling of automobile products, etc. The state will, in good time,
establish the relevant systems as mentioned in the Technical Policy and will start to promulgate and implement such systems in a
successive manner prior to the year of 2010.

National Development and Reform Commission

Ministry of Science and Technology

State Environmental Protection Administration

February 6, 2006

The Technical Policy for the Recovery and Utilization of Automobile Products

Chapter I General Principles

Article 1

This Technical Policy is formulated for the purposes of protecting the environment, enhancing the resource utilization efficiency,
fulfilling the scientific development concept and realizing the sustainable development of society and economy.

This Technical Policy is a guiding document on pushing forward the establishment of the system of discarding and recovery of automobile
products in China. It aims at guiding the production and sale of automobiles, and initiation of relevant enterprises, and carrying
out and promoting the discarding and recovery of automobile products. The state will, in good time, establish the relevant systems
as mentioned in this Technical Policy and will start to promulgate and implement such systems in a successive manner prior to the
year of 2010.

Article 2

The term “automobile” as mentioned in this Technical Policy refers to the Classes M and N motor vehicles as prescribed in the Classification
of Motor Vehicles and Trailers (National Standards of the People’s Republic of China GB/T15089-2001).

Article 3

This Technical Policy shall apply to the scope including design and production of new types of vehicles to be sold and registered
within the territory of China, and the repair, maintenance, discarding, dismantlement and recycling of automobiles in using , as
well as other links.

Article 4

The recycling of materials in the production, maintenance and dismantlement of automobile products shall be taken into consideration
synthetically. It is encouraged to use renewable materials in the manufacture procedure of automobiles, to use recycled component
parts in the repair of automobiles, to enhance the recycling rate of materials, to save the resources and utilize the resources
efficiently, and give an impetus to the development of circular economy.

Article 5

The rate of recovery and utilization of automobiles refers to the rate of the reutilize of discarded automobile component parts and
materials with regenerated energy, which is usually measured on the basis of the percentage of the recoverable and utilizable materials
to the complete vehicle kerb mass.

For the recoverable and utilizable rate of automobiles, please refer to the Methods for the Computation of Recyclability and Recoverability
of Road Vehicles (GB/T19515￿￿2004/ISO22628: 2002) and other relevant standards.

Article 6

The state shall gradually integrate the indicator of recoverable and utilizable rate of automobiles into the licensing management
system for the market access of automobile products.

Article 7

The management of the responsibilities of automobile producers shall be intensified. A sound management system led by the automobile
manufacturing enterprises shall be established in the sectors of production, use, discarding and recovery of automobiles.

Article 8

The competent department of the government shall, in good time, formulate and amend the matching policies and standards, strengthen
the guidance and supervision management, and direct the automobile industry of China to formulate a scientific and efficient development
plan under the scientific development concept so as to promote the highly efficient utilization of materials and decrease the consumption
of energy.

A system shall be established for the classified collection and separated selection of the materials and substances of discarded automobiles,
to promote the full and reasonable utilization and innocuous disposal of automobile wastes so as to decrease until eliminate the
harm of such wastes, and incessantly to perfect the recovery, treatment and utilization system of renewable resources. By the end
of 2012, it shall establish relatively perfect systems of laws and regulations, policy support system, technological innovation system,
as well as a effective incentive and restraint mechanism for the recovery and utilization of discarded automobiles, shall establish
a system of economic evaluation indicators for the recovery and utilization and shall set forth medium and long term strategic goals
and multi-stage promotion plans.

Article 9

The state shall adopt a ratification system for the enterprises to engage in the treatment of discarded automobiles. Any entity to
engage in the collection, dismantlement, utilization and disposal of discarded automobiles shall apply for a licence. It is forbidden
to engage in the collection, dismantlement, utilization and disposal of discarded automobiles without licence.

Article 10

The development, application of new technologies and new equipment in each link of the chain of automobile industry shall be intensified
according to the “reduction-based, reuse, and resource-based” principles. An economic growth mode, of which the main features are
low consumption, low discharge and high efficiency and which is in line with the sustainable development concept, shall be carried
out so as to make the recoverability rate of the production and sale of complete vehicle products in China reach the international
advanced level.

The goal of the first stage: from 2010, the recoverable and utilizable rate of all home-made and imported vehicles in Classes M2,
M3, N2 and N3 shall reach 85% or so, of which the recyclability rate of materials shall not be less than 80%. The recoverable and
utilizable rate of all home-made and imported automobiles in Classes M1 and N2 shall reach 80%, of which the recyclability rate of
materials shall not be less than 75%. At the same time, except the lead-bearing alloys, storage batteries, lead plating, chromeplating,
additives (stabilisers), and mercury for lamps, the use of lead, mercury, cadmium and hexavalent chromium shall be controlled.

From 2008, the automobile manufacturing or distribution enterprises shall start to undertake the register and archival filing for
the recoverable and utilizable rate of automobiles, and make preparations for carrying out the multi-stage tasks.

The goal of the second stage: from 2012, the recoverable and utilizable rate of all home-made and imported automobiles shall reach
90% or so, of which the recyclability rate of materials shall not be less than 80%.

The goal of the third stage, from 2017, the recoverable and utilizable rate of all home-made and imported automobiles shall reach
95% or so, of which the recyclability rate of materials shall not be less than 85%.

The low-speed cargo automobiles, three-wheel automobiles, motorcycles and trailers shall also be governed by the provisions on motor
vehicles in the Classes M and N, but the specific goal and implementation date shall be determined separately.

Attentions shall be paid to the protection of environment in the links of production, use and discarding of automobiles. The treatment
and disposal of the wastes generated from each link shall meet the national environmental protection standards as well as the relevant
policy and regulatory requirements, and shall try to diminish and even eliminate the harm of the wastes to the living environment
of the mankind.

Chapter II Design and Production of Automobiles

Article 11

In the design and production of any automobile product to be sold in China, the dismantlability and easiness of dismantlement after
the discarding of the product shall be taken into full consideration, and the principle of being easy to sort out different kinds
of materials shall be followed. Priority shall be given to the adoption of technologies and techniques that can utilize the resources
in a highly efficient manner, produce little pollutants, and are conducive to the recovery and utilize of the product after discarding,
so as to enhance the level of technologies for the design and production of automobile products.

Article 12

A relevant enterprise shall try its best to adopt small-sized or light weight and renewable component parts or materials, shall try
its best to choose recyclable materials as the production materials, and shall incessantly reduce the varieties of materials so as
to facilitate the recovery and utilize of materials.

The recoverability rate and recyclability rate of all plastic materials of automobile products shall be raised continuously.

It is forbidden to utilize any materials that will emit toxic substances and do harm to the environment. The relevant enterprises
shall reduce and finally stop the use of non-renewable materials, or materials disadvantageous to the environmental protection.

The utilization of lead, mercury, hexavalent chromium and other heavy metals shall be controlled. The aforesaid heavy metals are allowed
to be used only in some particular circumstances according to a checklist, which is reviewed regularly.

An enterprise shall attach marks and codes to the component parts containing harmful substances.

Article 13

A supporting enterprise of automobile component parts shall provide the automobile production enterprises with the composition, structural
design or dismantlement guide, content and nature of the harmful substances, methods for the disposal of wastes, and other information
relevant to the component parts it supplies so as to help the complete automobile production enterprises calculate the recoverable
and utilizable rate of their respective products.

Article 14

Where conditions are ripe, the state will encourage the automobile production enterprises or the general agents of imported automobiles
to choose distributors and special repair shops of their respective brand to carry out revamp or re-manufacture business relating
to the used component parts. The quality of the revamped or re-manufactured component parts shall satisfy the corresponding quality
requirements, and such component parts shall be given an indication that they are revamped or re-manufactured.

Article 15

From 2010, an automobile production enterprise or general agent of imported automobiles shall be responsible for the recovery and
treatment of the automobile products it sells and their packing articles, or may entrust the relevant institutions or enterprises
to be responsible for the recovery and treatment of the automobile products that it produced or sold and their packing articles.

The design and production of packing articles for automobile products shall be in line with the provisions of the state on clean production
and shall meet the relevant standards and requirements.

An electric automobiles production enterprise (including hybrid-powered automobiles, etc.) shall be responsible for the recovery and
treatment of the storage batteries of the electric automobiles it sells.

Article 16

An automobile production enterprises or general agent of imported automobiles shall be responsible for the recovery of its products,
and treatment or disposal of its products according to the requirements for environmental protection and recovery and utilization,
or pay the relevant recovery and treatment fees.

The recovery and treatment fees for different type of automobiles shall be decided and adjusted by the relevant departments on the
basis of the technological level of recovery and treatment of discarded automobiles, recycling ability, price, entrusted treatment
business and other factors of our country during different periods of time. If the automobile price is changed due to bearing the
recovery and treatment fees, the increased part of price shall not exceed the prescribed amount or rate.

The management, incomes, expenses and purposes of the recovery and treatment fees shall be in line with the principle of openness,
impartiality and fairness and shall be subject to the supervision of the government, enterprises and the public.

Article 17

An automobile production enterprise shall, on its own initiative, cooperate with the downstream enterprises, provide the recovery,
dismantlement and breaking enterprises with a Guiding Brochure for Automobile Dismantlement, relevant technical information and relevant
technical training so as to jointly promote the incessant rise of the recoverable and utilizable rate of discarded automobiles.

Article 18

The automobile production enterprises shall closely cooperate with the enterprises engaging in the production or re-manufacturing
of component parts, recovery and dismantlement of discarded automobile, and renewal of materials, share the relevant information,
track the international advanced technologies and make concerted efforts to tackle the key problems so as to jointly enhance the
recyclability rate and recoverable and utilizable rate of automobile products.

The automobile production enterprises or general agents of imported automobiles shall actively support the governmental departments
to carry out topic research, policy formulation and other relevant tasks, shall actively carry out tackling key problems on scientific
research, technological innovation, equipment renovation and other tasks for the enhancement of the recoverable and utilizable rate
of automobile products.

Chapter III Automobile Decoration, Repair and Maintenance

Article 19

During the courses of automobile decoration, repair and maintenance, the relevant enterprises shall choose and use products with a
high recoverable and utilizable rate, safety and environment protection as the courses of automobile production..

Article 20

The disassembled and discarded component parts shall be classified into different categories and be properly kept. Where policy permits,
it is encouraged to make qualified component parts diverted from the automobiles to re-enter circulation sector as component parts
for the repair of automobiles.

The enterprises meeting the requirements for technologies, equipment and testing are encouraged to re-manufacture component parts
for the repair of automobiles by making use of the component parts diverted from the discarded automobiles as well as the used component
parts replaced in the repair.

The disassembled or discarded accessories and parts, which have lost the originally designed functions and are of no remanufacturing
value, shall be respectively delivered to the corresponding materials recycling and treatment enterprises for recycling and shall
not be disposed by dumping, spilling, burying or any other way whereby the environment will be harmed.

Article 21

The storage batteries, catalytic converter, waste oil, waste liquid, waste rubber (including tyres) and plastic items generated in
the courses of care or maintain of the automobiles shall be recovered, preserved and transported according to different categories,
and shall be delivered to the relevant enterprises for treatment, disposal, changing the purpose, or being used for energy renewal.

Article 22

The items containing any toxic substance or any substance harmful to the environment or human body, such as storage batteries, airbags,
catalyzer and refrigerants, shall be delivered to qualified enterprises for treatment.

The collection, storage, transport and treatment of hazardous wastes shall be in compliance with the Standards on the Control of Pollution
in the Storage of Hazardous Wastes, the Standards on the Control of Pollution When Burying Hazardous Wastes, the Standards on the
Control of Pollution When Burning Hazardous Wastes and other safety and environmental protection requirements.

Article 23

The enterprises engaging in the treatment of polluting wastes and toxic substances shall be subject to strict access management. The
supervision and inspection over such enterprises shall be intensified so as to diminish and avoid harm to the environment and human
health.

No entity may engage in the collection, utilization, storage, transport, treatment or any other business relating to hazardous waste
unless it has obtained a business permit from the environmental protection department.

Chapter IV Import of Used Automobiles and Their Component Parts

Article 24

Except that it is permitted to import auto generator, starter and micro-motors for remanufacturing for automobile repair, it is prohibited
to directly import any discarded or used automobile component parts for remanufacturing for automobile assembling production or repair.

The import of used motors shall meet the requirements in the Environmental Protection Control Standards on the Import of Solid Wastes
as Raw Materials- Discarded Motors (GB16487.8-2005).

Article 25

On the precondition that it does not violate the relevant environmental protection requirements, a materials production enterprise
may, according to the relevant provisions, import discarded automobiles (which have already become chipping) and component parts
as raw materials of production, but it is prohibited to assemble such imported items into vehicles and to let them enter the circulation
link.

It is prohibited to use any component parts which are diverted from any imported discarded or used automobiles, directly or upon re-manufacture,
in the assembly production or repair of automobiles.

Article 26

It is prohibited to import or process any automobile materials with high energy consumption, low efficiency, severe pollution or high
cost, or which are toxic and harmful to the environment.

Article 27

In the international trade relating to the development of resource renewal industry, the import of automobile wastes and other wastes
shall be strictly controlled.

On the precondition that the import of automobile wastes and other toxic and harmful wastes is strictly controlled, two markets,
two kinds of resources shall be fully used, and the international trade relating to the resource renewal industry shall be developed
actively.

Chapter V Recovery and Recycling of Automobiles

Article 28

During the courses of recovery, dismantlement and recycling, the relevant enterprises shall, in accordance with the principles of
scientific procedures, work-related environmental protection, highly efficient renewal, low consumption, enhance the renewal quality,
expand the renewal scope and decrease the quantities of wastes.

The relevant enterprises shall scientifically carry out the pretreatment, dismantlement, cutting, breaking, treatment of non-metal
items (substances which have been confirmed to be used for recycling, or may be used for energy renewal in the future), and shall
increase the reuse, recycling and recovery and utilization rates of the component parts and various substances of discarded automobiles.

Article 29

The enterprises manufacturing automobile materials and substances shall actively develop new materials which are recyclable and will
do no harm to the environment, especially intensify the development and application of technologies of renewable materials and substitutes,
expand the renewable fields of recovered materials, enhance the quality of renewable products and promote the rapid and sound development
of circular economy.

The recovery and dismantlement, renewal of materials, and other recovery and utilization enterprises shall incessantly enhance their
technologies and management levels and shall, jointly with the enterprises manufacturing automobile products, make concerted efforts
to realize the multi-stage goals of our country on the recovery and utilization rate to ensure the social and economic benefits.

Article 30

The discarded automobile recovery and dismantlement, and recovery and recycling enterprises shall meet the requirements of Chapter
III concerning the dismantlement of component parts, waste oil, noble metal materials and solid wastes. At the same time, the operating
rules formulated by such enterprises shall be in line with the requirements of the laws, regulations, and technical standards and
regulations of the state.

Article 31

The recovery and dismantlement enterprises shall have necessary professional technicians and shall have special equipment and places
that can meet the needs of their respective treatment capacity.

The recovery and dismantlement and renewal enterprises shall, through structural adjustment, optimization of industry, technological
renovation, and other measures, establish necessary conditions, enhance the awareness of economization and environmental protection,
improve the treatment facilities, promote the treatment capacity and gradually form professional and mass operations.

Article 32

For the purposes of preventing environmental pollution, and realizing the commitments of automobile production enterprises or general
agents of imported automobiles regarding the recovery and utilization rate, the enterprises of recovery and dismantlement of discarded
automobiles shall sign agreements with the automobile production enterprises or general agents of imported automobiles for enhancing
the ability to dismantle or reuse the discarded or used automobile products.

Where a recovery or dismantlement enterprise does not meet or no longer meets the conditions as stipulated in the recovery and treatment
agreement, the corresponding automobile production enterprise or general import agent may abolish this agreement.

Chapter VI Promotion Measures

Article 33

For the purposes of effectively realizing the recovery and utilization of discarded automobile products, the enterprises whose recovery
and utilization rate of products has reached or exceeded the current limit as provided for by the current policy in advance, or which
has utilized a certain volume of renewable materials in the production, or which has developed and adopted recovery technologies
and equipment, or which has introduced any specialized treatment technology and equipment and has developed such technology and equipment
domestically shall be given necessary preferential policies by state so as to encourage the automobile product production, and recovery
enterprises to increase the recovery and utilization rate of automobile products and to utilize renewable materials actively. ,.

Article 34

The relevant enterprises are encouraged to digest and absorb overseas advanced technologies of product design, production of new materials,
dismantlement of discarded automobiles, re-manufacture of used accessories and parts, and of materials recovery and renewal, to develop
and apply the advanced monitoring and testing devices and equipment, to establish a new and highly efficient production technology
system, and to improve their international competitive ability relating to the automobile recovery and utilization technologies and
equipment through the measures of joint venture, cooperation, technology introduction and etc..

Article 35

The competent department of the government shall organize the research, development and popularization of the production techniques
and equipment that may reduce the quantities of industrial solid wastes and shall publicize the list of backward production techniques
and equipment which bring industrial solid wastes and seriously pollute the environment and which should be eliminated within a time
limit,.

The producers, distributors, importers or users shall, within the time limit as prescribed by the comprehensive administrative department
of economy under the State Council jointly with other relevant departments of the State Council, stop using, selling, importing or
using the equipment included in the list as mentioned in the preceding paragraph. The enterprises shall stop adopting the production
techniques included in the list as mentioned in the preceding paragraph. The equipment washed out under the provisions of the preceding
paragraph shall not be transferred to others for use.

Article 36

The competent department of the government shall timely set forth a timetable for the automobile materials limited for use and direct
the enterprises to actively adopt materials, which will not do harm to the environment and are favorable for recovery.

Where any automobile production enterprise or importer fails to satisfy the requirements for recovery and utilization rate within
a certain time limit, it shall be given a corresponding punishment and be surcharged a sum of environmental protection and treatment
fee.

Article 37

The state advocates the living styles and consumption forms that are favorable to saving resources and protecting the environment,
and encourage the use of green products, such as products with environmental marks, and products with energy-efficiency marks, etc.

When the government purchases automobile products, it shall give top priority to the products with a high recovery and utilization
rate.

The discarded automobile owners and recovery and dismantlement enterprises shall, in strict compliance with the Measures for the Management
of the Recovery of Discarded Automobiles (No. 307) promulgated by the State Council in 2001 and other relevant policies and regulations,
to deliver, dismantle and dispose the discarded automobiles.

Article 38

The relevant enterprises are encouraged to remanufacture automobile engines and other discarded or used electro-mechanical products
and establish a garbage classification and selection system so as to incessantly improve the system of resource recycling, treatment
and utilization.

Article 39

The competent departments of automobile production, industry and commerce, environmental protections, etc. shall intensify the supervision
and control according to law so as to effectively enhance the actual recovery and utilization rate of automobile products of our
country.

Article 40

The recovery and utilization network of discarded automobiles shall be improved, the recovery and treatment of technical route shall
be clarified, and various regulations, policies and measures shall be formulated to promote recoverability and recyclability of discarded
automobiles.

The relevant governmental departments shall, according to the situation of recovery and utilization of automobile products in China,
organize the relevant institutions and enterprises to do deep research into the pertinent policies and regulations, formulate and
improve various supporting policies, try to realize the multi-stage goals of the recovery and utilization rate of automobile products
of our country.

Appendix:Terms and Definitions

For the terms and definitions as mentioned in this technical policy and work guide, please consult the Road Vehicles Recyclability
and Recoverability Calculation Method (GB/T19515- 2004/ISO22628: 2002)

1.

Vehicles mass

The complete vehicle kerb mass as prescribed in GB/T 3730.2-1996

2.

Reuse refers to the act of using the component parts of discarded vehicles on the basis of any of the designed purposes.

3.

Recycling refers to the act of making the discarded materials satisfy the original utilization requirements or be used for other purposes
by way of re-processing, excluding the processing course to make such materials generate energy.

4.

Recovery and utilization refers to the act of making the discarded materials satisfy the original utilization requirements or be used
for other purposes by way of re-processing, including the processing course to make such materials generate energy.

5.

Dismantlability refers to the ability to dismantle the component parts from the vehicles.

6.

Reusability refers to the ability of the component parts to be diverted from vehicles and to be re-utilized.

7.

Recyclability refers to the ability of the component parts/ or materials to be diverted from vehicles and to be re-utilized.

8.

Recyclability rate refers to the percentage (mass percentage) by mass of a new vehicle, potentially able to be reused and recycled.

9.

Recoverability refers to the potential for recovery of component parts or materials diverted from a discarded vehicle.

10.

Recovery and utilization rate refers to the percentage by mass of a new vehicle, potentially able to be reused and recovered (mass
percentage).

11.

Hazardous wastes refer to the wastes included in National Catalogue of Hazardous Wastes or those determined as hazardous wastes under
the national standards on the identification standards and approaches.

12.

Treatment refers to the act of decomposing, cleaning, combining, processing, remanufacturing or regenerating discarded or used articles
or substances through physical, chemical and other methods so as to make such discarded or used articles and substances satisfy the
requirements for reuse, innocuity or harm diminishment and environmental protection.

13.

Disposal refers to burning solid waste and other methods that change the physical, chemical or biological characteristics of the waste
in order to reduce its volume, make its cubage shrink, reduce or eliminate its hazardous components, or refers to the final deposition
of solid wastes into the places or facilities as required by the environmental protection provisions, and never taking them back.

14.

Automobile products include the complete vehicles, component parts and other substances available for automobiles. An automobile refers
to a complete automobile.

15.

The automobile production enterprises refer to enterprises manufacturing (including refitting) complete automobiles. Enterprises manufacturing
automobile products include enterprises manufacturing complete automobiles, component parts and other substances available for automobiles.



 
National Development and Reform Commission, Ministry of Science and Technology, State Environmental Protection Administration
2006-02-06

 







LETTER OF CHINA BANKING REGULATORY COMMISSION CONCERNING THE APPROVAL TO JAPAN MICHINOKU BANK LTD. TO CLOSE UP ITS WUHAN REPRESENTATIVE OFFICE

Letter of China Banking Regulatory Commission concerning the Approval to Japan Michinoku Bank Ltd. to Close up Its Wuhan Representative
Office

Michinoku Bank, Ltd. Japan,

The letter which was signed by Kazuo Harada, president of your bank, and was addressed to this Commission on December 15, 2006 has
been received by this Commission.

You are hereby approved to close up your Wuhan Representative Office according to the Measures on the Administration of Foreign-funded
Financial Institutions’ Representative Offices in China (Order No. 8, 2002 of the People’s Bank of China),. Please carry out the
related cancellation formalities according to the related provisions.

China Banking Regulatory Commission

February 14, 2006



 
China Banking Regulatory Commission
2006-02-14

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...