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Criteria on Assignment of the State-owned Land Use Right Through Invitation for Bid, Auction and Hanging Out a Shingle (For Trial
Implementation)
(Promulgated by Ministry of Land and Resources of the People’s Republic of China on May 31,2006, and shall enter into force as of
August 1, 2006)
Catalogue
Foreword
1. Scope of Application
2. Quotative Criterion and Documents
3. Basis
4. General Provisions
5. Publication of Assignment Plans and Determine of Land Supply
6. Setting-down and Determine of Assignment Plans
7. Land Price Evaluation and Determine of the Base Price of Assignment
8. Setting-down of Assignment Documents
9. Release of Assignment Declarations
10. Application and Qualification Examination
11.Execution of the Policy of “Invitation for Bid, Auction and Hanging Out a Shingle” – Invitation for Bid
12. Execution of the Policy of “Invitation for Bid, Auction and Hanging Out a Shingle” – Auction
13. Execution of the Policy of “Invitation for Bid, Auction and Hanging Out a Shingle” – Hanging Out a Shingle
14.Conclusion of Assignment Contracts and Publication of Assignment Results
15.Verification and Issuance of the Land Using Permit for Construction and Delivery of Land
16.Coping with of Land Registration
17. Archival Filing of Materials
Annex A: Model Text Formatting for “Preceding Application for Assignment of the State-owned Land Use Right”
Annex B: Text Formatting for “Declaration on Assignment of the State-owned Land Use Right”
Annex C: Model Text Formatting for “Instructions on Assignment of the State-owned Land Use Right”
Annex D Model Text Formatting for “Application for Offering a Bid (Competitive Bid)”
Annex E: Model Text Formatting for “Confirmation of the Qualification for Offering a Bid (Competitive Bid)”
Annex F: Model Text Formatting for “Tender Documents on Auction-based Assignment of the State-owned Land Use Right”
Annex G: Model Text Formatting for “Quotation of Prices of Hanging Out a Shingle Assignment of the State-owned Land Use Right”
Annex H: Model Text Formatting for “Authorization Letter”
Annex I: Model Text Formatting for “Notification of Award”
Annex J: Model Text Formatting for “Sales Confirmation”
Foreword
The current Criteria are specified in accordance with Law of Land Administration of the People’s Republic of China, Law of the People’s
Republic of China on the Administration of the Urban Real Estate, Interim Regulations of the People’s Republic of China Concerning
the Assignment and Transfer of the Right to the Use of State-owned Land in Urban Areas, and Provisions on Assignment of the State-owned
Land Use Right Through Invitation for Bid, Auction and Hanging Out a Shingle in order to improve the assignment system of the state-owned
land use right, govern the assignment of the state-owned land use right and unify the relevant procedures and criteria, optimize
the allocation of land resources and propel the construction of the land market.
Annex B is the text formatting for Assignment Declarations by means of invitation for bid, auction and hanging out a shingle and Annexes
A, C, D, E, F, G, H, I and J are the model text formatting for the other documents as requested in the assignment by means of invitation
for bid, auction and hanging out a shingle.
The current Criteria shall be specified and put under charge of the Ministry of Land and Resources.
The drafting institutions of the current Criteria are: The Administrative Department of Land Utilization under the Ministry of Land
and Resources, the Land Sort-out Center under the Ministry of Land and Resources, the Department of Land and Resources of Liaoning
Province, the Department of Land and Resources of Jiangsu Province, the Department of Land and Resources of Fujian Province, the
Department of Land and Resources of Shangdong Province, the Department of Land and Resources of Guangdong Province and the Bureau
of Land and Resources and Real Estate of Shenzhen Municipality.
The chief drafting personnel of the current Criteria are: Liao Yonglin, Leng Hongzhi, Yue Xiaowu, Lei Aixian, Gao Yong, Xie Liangxiong,
Song Yubo, Huang Qicai, Pan Guangming, Tu Gaokun, Wang Lianzhu, Mou Aofeng, Ye Weidong, Zhong Songyi, Lin Lisen, Shen Liang, Chen
Meiying, Zhou Xu, Shen Fei and Zhang Fang.
The drafting personnel of the current Criteria (arranged in a sequence in terms of the number of strokes of their surnames) are: Yu
Shizhuan, Ma Shang, Wang Wei, Che Changzhi, Deng Yuefang, Ye Yuanpeng, Ye Dong, Ren Zhaohong, Guan Wenrong, Liu Xianqi, Liu Xiangyuan,
Liu Ruiping, Zhu Yude, Yan Hongxi, Yan Zheng, Wu Yonggao, Wu Di, Wu Haiyang, Zhang Wanzhong, Zhang Yingqi, Li Yanrong, Li Xiaojuan,
Li Xiaobin, Shu Kexin, Yang Yufang, Yang Jiangzheng, Xiao Jianjun, Chen Yongzhen, Chen Guoqing, Lin Junheng, Luo Yanguang, Zhu Jun,
Hu Libing, Hu Hongbing, Zhao Chunhua, Hao Jihu, Gao Zhiyun, Xu Jianshe, Qin Shuirong, Qian Yougen, Liang Hong, Huan Wenbo, Han Jianguo,
Han Hongwei, Jin Wei, Pan Honggao, Wei Cheng and Wei Lihua.
The Ministry of Land and Resources is responsible for interpreting the current Criterion.
1.
Scope of Application
The current Criteria shall be applied to the assignment of the state-owned land use right by means of invitation for bid, auction
or hanging out a shingle within the territory of the People’s Republic of China. Where any the state-owned land use right is leased
or any other right to the stand-owned land are assigned by mean of invitation for bid, auction or hanging out a shingle, it shall
be carried out by referring to the current Criteria. Where the state-owned land use right is assigned by means of invitation for
bid, auction or hanging out a shingle or where the land use right of the peasants’ collective construction land is transferred by
means of invitation for bid, auction or hanging out a shingle in accordance with law, it shall be carried out by referring to the
current Criteria.
2.
Quotative Criterion and Documents
The clauses as involved by the following Criteria and documents constitute an entire part of the articles of the current Criteria
because of their quotation. All the versions involved herein take effect upon promulgation of the current Criteria. All the parties
that apply the current Criteria shall use the latest versions of the following Criteria and documents.
GB / T 18508 C2001 Criteria for Urban Land Price Evaluation
Model Text Formatting for Contract for Assignment of the Right to the Use of Land (Guo Tu Zi Fa [2000] No. 303)
Classification of the National Land (Guo Tu Zi Fa [2001] No. 255)
Controlling Indicators of the Land Used for Industrial Construction Projects (Guo Tu Zi Fa [2004] No. 232)
3.
Basis
(1)
Law of the People’s Republic of China on Land Administration
(2)
Law of the People’s Republic of China on the Administration of Urban Real Estate
(3)
Law of the People’s Republic of China on Urban Planning
(4)
Law of the People’s Republic of China on Administrative License
(5)
Law of the People’s Republic of China on Contract
(6)
Interim Regulations of the People’s Republic of China on Assignment and Transfer of the Right to the Use of State-owned Land in Urban
Areas
(7)
The Program for Setting Up and Perfecting the System of Punishing and Guard against Corruption By Paying Equal Attention to Education,
Bylaws and Supervision (Zhong Fa [2005] No. 3)
(8)
Notification of the State Council on Strengthening the Administration of State-owned Land Assets (Guo Fa [2001] No. 15)
(9)
Determine of the State Council on Deepening Reform and Intensifying Strictly Land Administration (Guo Fa [2004] No. 28)
(10)
Provisions of the Disciplinary Supervision Department of the Central Discipline Inspection Commission of the CPC and the Ministry
of Government Supervision on Treating Those Cadres who Abuse Their Powers to Meddle and Intervene in Such Market Economic Activities
as the Bidding and Tendering of Construction Projects, Operational Assignment of the Right to the Use of Land, Real Estate Development
and Operation in order to Safeguard Private Interests for Himself or His Relatives (Zhong Ji Fa [2004] No. 3)
(11)
Provisions on the Assignment of the State-owned Land Use Right by Means of Invitation for bid, Auction or Hanging Out a Shingle (Decree
No. 11 of the Ministry of Land and Resources)
4.
General Provisions
4.1
Connotation of the Assignment of the State-owned Land Use Right by Means of Invitation for Bid, Auction or Hanging Out a Shingle
The term “assignment of the state-owned land use right by means of invitation for bid” means an act whereby the administrative department
of land and resources at the municipal or county level promulgates a declaration on invitation for bid or delivers an invitation
in order to invite appointed or non-appointed legal persons, natural persons or any other organizations to join the invitation for
bid of the state-owned land use right, on the basis of which a land user may be decided in accordance with the result of bidding.
The term “assignment of the state-owned land use right by means of auction” means an act whereby the administrative department of
land and resources at the municipal or county level promulgates a declaration on auction so that the buyers direct open bidding at
a designated place and time, on the basis of which a land user may be decided in accordance with the result of bidding.
The term “assignment of the state-owned land use right by means of hanging out a shingle” means an act whereby the administrative
department of land and resources at the municipal or county level promulgates a declaration on hanging out a shingle, showing the
demands for land assignment within an assigned term, on the shingles in the designated trading place of land and the prices on the
shingle shall be renewed upon acceptance of the quotation as provided by buyers, on the basis of which a land user may be decided
in accordance with the result of bidding upon expiration of the term for hanging out a shingle or the on-site bidding result.
4.2
Principles in the Assignment of the State-owned Land Use Right by Means of Invitation for bid, Auction or Hanging Out a Shingle
(1)
Being open, fair and impartial; and
(2)
Being Honest and Credible.
4.3
Scope of the Assignment of the State-owned Land Use Right by Means of Invitation for bid, Auction or Hanging Out a Shingle
(1)
In the case of such operational land for commerce, tourism, entertainment and commercial residence as well as the industrial land
requiring competition;
(2)
In the case of two or more land users who want land use upon publication of another plan of land supply;
(3)
Where the intention of the use right of any allocated land is changed and if it is clearly showed in the Determine on Assignment of
State-owned Land or in accordance with the relevant laws, regulations and administrative provisions that the land use right shall
be receded and that an assignment shall be directed by means of invitation for bid, auction or hanging out a shingle;
(4)
In the case of assignment of the use right of any allocated land and if it is clearly showed in the Determine on Assignment of the
State-owned Land or in accordance with the relevant laws, regulations and administrative provisions that the land use right shall
be receded and that an assignment shall be directed by means of invitation for bid, auction or hanging out a Shingle;
(5)
Where the intention of the use right of any assigned land is changed and if it is clearly showed in the Determine on Assignment of
the State-owned Land or in accordance with the relevant laws, regulations and administrative provisions that the land use right shall
be receded and that an assignment shall be directed by means of invitation for bid, auction or hanging out a shingle;
(6)
Under any other condition where an assignment shall be directed by means of invitation for bid, auction or hanging out a shingle in
accordance with the provisions of relevant laws, regulations and administrative provisions.
4.4
Organization and Execution of the Assignment of the State-owned Land Use Right by Means of Invitation for bid, Auction or Hanging
Out a Shingle
4.4.1
Subject of Execution
The assignment of the state-owned land use right by means of invitation for bid, auction or hanging out a shingle shall be organized
and carried out by the administrative department of land and resources at the municipal or county level.
4.4.2
Manner of Organization
The administrative department of land and resources at the municipal or county level may, when carrying out any assignment of the
state-owned land use right by means of invitation for bid, auction or hanging out a shingle, choose any of the following ways in
accordance with the real situation:
(1)
Where the administrative department of land and resources at the municipal or county level deals with it by itself;
(2)
Where the administrative department of land and resources at the municipal or county level appoints or grants its subordinated public
institution to specifically undertake; or
(3)
Where the administrative department of land and resources at the municipal or county level takes on by agents with relevant qualification
for coping with.
4.4.3
Institution in Charge of Coordination and Decision-making
A collective decision-making system shall put the assignment of the state-owned land use right into practice. The administrative department
of land and resources at the municipal or county level may, in accordance with the real situation, set up an institution in charge
of the coordination and Decision-making of the state-owned land use right, which shall be responsible for coordinating and solving
relevant issues in assignment and decide the relevant matters in a collective manner.
4.4.4
Presider of the Invitation for Bid, Auction or Hanging Out a Shingle of Land
The assignment of the state-owned land use right by means of invitation for bid, auction or hanging out a shingle shall be presided
over by a staff who meets the demands for a presider of the invitation for bid, auction or hanging out a shingle of land as assigned
by the Ministry of Land Resources and has gained the relevant qualification.
4.4.5
Procedures for Land Assignment by Means of Invitation for Bid, Auction or Hanging Out a Shingle
(1)
Publicizing the plan of assignment and deciding the way of land supply;
(2)
Organizing and deciding the plan of assignment;
(3)
Assessing the land price and deciding the base price of assignment;
(4)
Organizing the assignment documents;
(5)
Publicizing a declaration on assignment;
(6)
Application and examination of qualification;
(7)
Carrying out the invitation for bid, auction or hanging out a shingle;
(8)
Signing the assignment contract and publicizing the result of assignment;
(9)
Verifying and issuing the land using permit for construction and delivering the land;
(10)
Dealing with of the land registration; and
(11)
Placing the relevant materials on archives.
4.5
Local Supplementary Provisions
The local government may make supplementary provisions or detailed rules for the current Criteria, which shall be declared to the
administrative department of land and resources at the next higher level for archival filing.
5.
Publication of the Assignment Plan and Determination of Land Supply
5.1
The administrative department of land and resources at the municipal or country level shall promulgate an approved assignment plan
of the state-owned land use right to the general society, and the relevant region with mature conditions may, in accordance with
the arrangement of land supply, detail the relevant assignment plan of the state-owned land use right to specific location and plots
by installments and promulgate the relevant information to the society in a timely manner. The assignment plan of the state-owned
land use right as well as the detailed in location and plots shall be promulgated on www. landchina.com at the same time.
5.2
Where the administrative department of land and resources at the municipal or county level promulgates the assignment plan of the
state-owned land use right as well as the detailed in location and plots, it shall, simultaneously, make clear the way and means
whereby a land user applies for land use, and publicly accepts applications for land use.
5.3
The entity or individual that needs land use (hereinafter referred to as the intended land user) shall, in accordance with the information
on the assignment of the state-owned land use right and the detailed information on location and plots that have been promulgated
as well as its/his own demands, files an application for land use to the administrative department of land and resources at the municipal
or county level.
5.4
Preceding Application for Land Use
In order to comprehend fully of the market demands and arrange the scale and progress of land supply in a scientific and rational
way, the relevant region with mature conditions may set up a system of preceding application for land use. The entity or individual
that has any intent to use any specific plot that has been involved into an assignment plan based on invitation for bid, auction
or hanging out a shingle may file a preceding application for land use and commit a land price it/he may offer. Where the administrative
department of land and resources at the municipal or county level deems that any land price and conditions which an entity or individual
has provided is acceptable, it may, in accordance with the plan of land assignment as well as the current land market, organize and
carry out an invitation for bid, auction or hanging out a shingle for assignment at a proper time and inform the entities or individuals
that have filed a preceding application for land use to join it. The entity or individual that has filed a preceding application
for land use shall join the tendering or bidding, wherein the price shall not be any lower than the land price it/he has promised.
5.5
In accordance with the application of the intended land user, where the demands in Provisions 4.3 for assignment of the land use right
are satisfied, the means of invitation for bid, auction or hanging out a shingle shall be used. Where it cannot be decided whether
the specific land meets the demands of Provisions 4.3, it may be proven by the institution responsible for the coordination and decision-making
of assignment of the state-owned land use right in a collective manner. For the assignment of any land use right with comprehensive
objects or specified demands for society and public welfare construction or comparatively high demands for development and construction
and if only a few entities and individuals plan to get the right, the means of invitation for bid, auction or hanging out a shingle
may be used. The assignee shall be decided in accordance with the principle of “one with most favorable conditions wins”. For the
assignment of any other land use right, the means of invitation for bid, auction or hanging out a shingle shall be adopted and an
assignee shall be decided in accordance with the principle of “one who provides the highest price wins”. Where the state-owned land
use right is assigned by means of invitation for bid, the means of an open bid invitation shall be adopted. In the case of any strict
restriction on or special demands for land users, the means of bid invitation may be adopted.
6.
Setting-down and Determination of the Assignment Plan
6.1
Setting down the Assignment Plan Based on Invitation for Bid, Auction or Hanging Out a Shingle
The administrative department of land and resources at the municipal and country level shall, in collaboration with such relevant
departments as competent department of city planning administration, set down the assignment plan of the state-owned land use right
by means of invitation for bid, auction or hanging out a shingle in accordance with the relevant assignment plan and city planning
of the state-owned land use right.
The assignment plan of the state-owned land use right by means of invitation for bid, auction or hanging out a shingle shall include:
the specific location of the to-be-assigned plot, boundaries, intention of use, area, term, demands for land use, time of land supply,
way of land supply and time of construction. For any land for comprehensive use, the specific intention of use, area as well as its
term for assignment shall be clarified. Where any real estate of different intentions of use can be divided up and if the final users
are different entities and individuals, the term for assignment shall be decided in accordance with the specific intention of land
use as involved into the intention of comprehensive land use. Where the many intentions of use are hard to be divided up and the
final user is unique, the term for assignment may be regarded as 50 years, which is the maximum term for comprehensive land use.
6.2
Submitting for Approval of the Assignment Plan by Means of Invitation for Bid, Auction or Hanging Out a Shingle
The assignment plan of the state-owned land use right by means of invitation for bid, auction or hanging out a shingle shall be submitted
for approval of the people’s government at the municipal or county level in accordance with the relevant provisions.
7.
Land Price Evaluation and Determination of the Base Price
7.1
Land Price Evaluation
The administrative department of land and resources at the municipal or county level shall, in accordance with the conditions of the
to-be-assigned plot and the situation of the current land market, organize an evaluation on the to-be-assigned plot in order to obtain
the normal land market price thereof in accordance with the Criteria for Urban Land Evaluation.
A land price evaluation shall be implemented by the administrative department of land and resources at the municipal or county level
or any other subordinated public institution thereof and, when it so requires, an institution with the qualification may be entrusted
to implement a price evaluation on the land or real estate.
7.2
Determination of the Base Price
Where any assignment is based on a base price, the administrative department of land and resources at the municipal or county level
or the institution responsible for the coordination and decision-making of the assignment of the state-owned land use right shall,
in accordance with the result of land price evaluation, industrial policies and the current land market, make a collective decision
on deciding the base price and the deposits for invitation for bid and purchase in a comprehensive manner. Where any assignment is
directed by invitation for bid, the base price for a tender shall be decided simultaneously. Where any assignment is directed by
means of auction or hanging out a shingle, the initial price or starting price shall be decided simultaneously.
Where a base price for a tender or a base price is decided, it shall be remained confidential before the assignment is ended, and
shall not be divulged by any entity or individual.
8.
Setting-down of Assignment Documents
The administrative department of land and resources at the municipal or county level shall, in accordance with the plan of assignment
by means of invitation for bid, auction or hanging out a shingle approved to set down documents of assignment of the state-owned
land use right by using invitation for bid, auction or hanging out a shingle.
8.1
The documents of assignment based on invitation for bid shall cover:
(1)
The declaration on assignment by means of invitation for bid or bid invitation;
(2)
Instructions on the assignment based on invitation for bid;
(3)
Tender document;
(4)
The application for bidding;
(5)
The boundary map of the land;
(6)
Demands of the land planning indicators;
(7)
Notification of award
(8)
Contract of Assignment of the State-owned Land Use Right; and
(9)
Other relevant documents.
8.2
The documents of auction-based assignment shall include:
(1)
The declaration on auction-based assignment;
(2)
Instructions on auction-based assignment;
(3)
The application for bidding;
(4)
The boundary map of the land;
(5)
Demands of the land planning indicators;
(6)
Sales Confirmation;
(7)
Contract of Assignment of the State-owned Land Use Right; and
(8)
Other relevant documents.
8.3
The documents of assignment based on hanging out a shingle shall include:
(1)
The declaration on assignment based on hanging out a shingle;
(2)
Instructions on assignment based on hanging out a shingle;
(3)
The application for bidding;
(4)
Price quotation of assignment based on hanging out a shingle;
(5)
The boundary map of the land;
(6)
Demands of the land planning indicators;
(7)
Sales Confirmation;
(8)
Contract of Assignment of the State-owned Land Use Right; and
(9)
Other relevant documents.
9.
Publication of the Assignment Declaration
9.1
Publication of Declaration
The declaration of the assignment of the state-owned land use right by means of invitation for bid, auction or hanging out a shingle
shall be promulgated by the administrative department of land and resources at the municipal or county level. The assignment declaration
shall be promulgated on the website: www.landchina.com, and the local tangible land market or may be promulgated through such media
as newspaper and TV stations.
The assignment declaration shall be promulgated at least 20 days before any invitation for bid, auction or hanging out a shingle is
initiated and the time of initial publication is regarded as the day of commencement.
Where such specific ways as invitation for bid, auction or hanging out a shingle are clarified in the approved assignment plan, a
specific “Declaration on the Assignment of the State-owned Land Use Right by Means of Invitation for Bid”, “Declaration on the Assignment
of the State-owned Land Use Right by Means of Auction” or “Declaration on the Assignment of the State-owned Land Use Right by Using
Hanging Out a Shingle” shall be promulgated. Where any of the aforesaid specific means cannot be clarified in the approved assignment
plan, an “Declaration on Public Assignment of the state-owned land use right” may be promulgated, wherein the specific means of invitation
for bid , auction or hanging out a shingle shall be decided in accordance with the application upon expiration of the term for application.
The assignment declaration may be a declaration on single land or be a joint declaration on several pieces of land.
9.2
Contents of the Declaration
9.2.1
The declaration of assignment based on invitation for bid shall include the following contents:
(1)
The name, address, telephone number, etc. of the assigner; where a subordinated public institution is authorized or designated to
direct an invitation for bid or where an agency is entrusted to direct an invitation for bid, the name, address and telephone number
of the organs shall be showed as well;
(2)
The location, area, intention of use, development and demands of the planning indicators, term for land use and term for construction
of the plot subject to invitation for bid;
(3)
The demands for the qualification of bidders as well as the methods to apply for the bidding qualification;
(4)
The time, address and way to get the Tender Documents;
(5)
The time, address, term for bidding, place and way of bidding;
(6)
Criteria for and method of deciding a bid winner;
(7)
The amount, way and term for payment of bid deposits; and
(8)
Any other matter that requires a declaration.
9.2.2
The declaration of auction-based assignment shall include the following contents:
(1)
The name, address, telephone number, etc. of the assigner; where a subordinated public institution is authorized or designated to
direct an invitation for bid or where an agency is entrusted to direct an invitation for bid, the name, address and telephone number
of the organs shall be showed as well;
(2)
The location, area, intention of use, development and demands of the planning indicators, term for land use and term for construction
of the plot subject to bidding;
(3)
The demands for buyers as well as the ways to apply for the qualification of purchase;
(4)
The time, address or way to obtain the Tender Documents;
(5)
The address, time and bidding method of an auction;
(6)
The amount, way and term for the payment of bid deposits; and
(7)
Any other matter that requires a declaration.
9.2.3
The declaration of assignment based on hanging out a shingle shall include the following contents:
(1)
The name, address, telephone number, etc. of the assigner; where a subordinated public institution is authorized or designated to
direct a hanging out a shingle or where an agency is entrusted to direct a hanging out a shingle, the name, address and telephone
number of the organs shall be showed as well;
(2)
The location, area, intention of use, development, demands of the planning indicators, term for land use and time of construction
of the plot subject to shingled-out;
(3)
Demands for the qualification of buyers and the method of applying for the qualification of purchase;
(4)
The time, address and way to get the documents of hanging out a shingle;
(5)
The place as well as the date of commencement and deadline of the hanging out a shingle;
(6)
The amount, way and time limit to pay t
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Announcement No.34, 2006 of General Administration of Customs of the People’s Republic of China
In accordance with Anti-dumping Regulations of the People’s Republic of China and results of anti-dumping investigation on imported
wear resistant overlay originating from the United States and European Union, Ministry of Commerce decided carry out provisional
anti-dumping measures on imported wear resistant overlay originating from the United States and European Union and released Announcement
No.45, 2006 of Ministry of Commerce (please refer to Appendix No.1). Related matters are announced as follows:
1.
As from Jun 16, 2006, besides Customs duties and value-added tax of in the linkage of import in line with the current regulations,
related departments will impose anti-dumping deposits on imported wear resistant overlay originating from the United States and European
Union in line with rates of anti-dumping deposits (please refer to Appendix 2 for details), different suppliers with different rates
of anti-dumping deposits:
Anti-dumping deposit = (price after customs duty * rate of anti-dumping deposit)*(1+ rate of value-added tax in the linkage of import)
Under item 48064000, all commodities with alumina are under the investigation of the said anti-dumping case; please refer to Appendix
No.1 for detailed description. In implementation of import declaration, the commodity code of above commodities is “4806400010” while
that of other commodities under item 48064000 shall be “4806400090”.
2.
Importers must provide certificate of origin to Customs for import of wear resistant overlay; in case the commodities are from the
United States or European Union, commercial invoices from the original manufacturers are required as well. For those cannot provide
the certificate of origin, the Customs will impose an anti-dumping deposit in accordance with the highest rate of anti-dumping deposit
listed in Appendix 2 when failing to assure that the commodities are from the United States or European Union after investigation.
In case the commodities are from the United States or European Union, but import operators cannot provide commercial invoices from
the original manufacturers, the Customs will levy an anti-dumping deposit in accordance with rate of anti-dumping deposit of other
companies of relevant countries listed in Appendix 2.
3.
Related issues on anti-dumping deposits on wear resistant overlay originating from the United States and European Union of processing
trade bonded import are subject to Announcement No.9, 2001 of General Administration of Customs of the People’s Republic of China
and Decree No.111 of General Administration of Customs of the People’s Republic of China.
4.
General Administration of Customs will separately release announcement on disposal of anti-dumping deposits in accordance with arbitration
results.
5.
During valid period of the provisional anti-dumping measures of the imported wear resistant overlay, if encounter the same or similar
commodities which the Customs cannot make sure whether to impose an anti-dumping deposit on or not, please apply to Ministry of Commerce
for judgment. The Customs will act in accordance with judgment of Ministry of Commerce.
Appendix:
1.
Announcement No.45, 2006 of Ministry of Commerce of the People’s Republic of China (omitted)
2.
Form of Rate of Anti-dumping deposit of Wear Resistant Overlay (omitted)
General Administration of Customs
Jun 15, 2006
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