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MEASURES OF THE GENERAL ADMINISTRATION OF CUSTOMS FOR NETWORKED SUPERVISION AND ADMINISTRATION OF PROCESSING TRADE ENTERPRISES

Decree No. 105 of the General Administration of Customs of the People’s Republic of China

No. 105

The Measures of the General Administration of Customs for Cyber-Supervision and Administration of Processing Trade Enterprises, which
were discussed and adopted at the executive meeting of the General Administration of Customs on May 30, 2006, are hereby promulgated,
and shall come into force on August 1, 2006. “Measures of the Customs of the People’s Republic of China on Applying Computer Networked
Surveillance to Processing Trade Enterprises” promulgated by the General Administration of Customs in its No. 100 Decree on March
19, 2003 shall be abolished simultaneously.

Mu Xinsheng, Director General

June 14, 2006

Measures of the General Administration of Customs for Networked Supervision and Administration of Processing Trade Enterprises

Article 1

For the purpose of regulating the customs’ administration of processing trade enterprises, these measures are formulated in accordance
with the provisions of the Customs Law of the People’s Republic of China and other relative laws, administrative laws and regulations.

Article 2

The customs’ networked Supervision and administration of processing trade enterprises refers to a mode of the customs’ supervision
and administration of processing trade by which the processing trade enterprises report to the customs the data of logistics, production,
operation, etc. meeting with the customs’ requirements via data exchange network or other computer network, and by which the customs
checks, calculates and verifies the data according to real objects.

Article 3

A processing trade enterprise conducting networked Supervision and administration (hereinafter referred to as networked-enterprise)
shall satisfy the following requirements:

1.

To have qualifications for processing trade business;

2.

To be registered with the customs;

3.

To be a production enterprise.

These measures do not apply to the processing trade enterprises within the areas under the customs’ special supervision and administration
and bonded supervision and administration places.

Article 4

Any processing trade enterprise that needs networked Supervision and administration may submit an application to the authorized customs.
After examination and verification, the customs shall carry out networked Supervision and administration to the enterprise if it
meets the requirements as stipulated in Article 3 of these measures.

Article 5

A networked-enterprise shall conduct its identity attestation for networked Supervision and administration of processing trade before
reporting the data to the customs via the data exchange network or other computer networks.

Article 6

A networked-enterprise shall report to the authorized customs the inventory list of materials to be imported, finished products to
be exported and the corresponding number of the commodities needed for processing trade business. If necessary, corresponding materials
shall also be provided for confirming the number of the commodities according to the customs’ requirements.

The authorized customs shall, in light of the needs of supervision and administration and according to the requirements of the name
and code of the commodities, and calculation unit, merge the commodities subject to grade of material number with the commodities
subject to grade of item number or divide them, establishing a corresponding relationship of one-to-many or many-to-one.

Article 7

A networked-enterprise shall, before the import of the materials and the export of the finished products, go through separately record
and change formalities in the customs for the materials to be imported and the finished products to be exported.

A networked-enterprise shall go through record and change formalities for per- unit-cost according to relative rules of the General
Administration of the Customs.

Article 8

The customs shall, according to the materials for record submitted by the networked-enterprise, establish an electronic account and
carry out administration of the electronic account to the networked-enterprises. The electronic account includes electronic account
book and electronic handbook.

The electronic account book is an electronic account, regarding an enterprise as a unit, established by the customs for a networked-enterprise.
The networked-enterprise conducting the administration of electronic account book shall establish only one such account book. The
customs shall, according to the production status of the enterprise and the needs of the customs’ verification and administration,
set the period for the cancellation after verification, and carry out the administration of cancellation after verification to the
networked-enterprise conducting administration of electronic account book.

The electronic handbook is an electronic account, regarding the processing trade contract as a unit, established by the customs for
a networked-enterprise. The networked-enterprise conducting the administration of electronic handbook shall establish an electronic
handbook for each processing trade contract. The customs shall, according to the period of validity of the processing trade contract,
set the date for the cancellation after verification, and carry out the administration of periodic cancellation after verification
to the networked-enterprise conducting electronic handbook administration.

Article 9

A networked-enterprise shall report the data of the logistics, stock and production control of processing trade commodities and other
dynamic data meeting the needs of the customs supervision and administration.

Article 10

An authorized customs record system is carried out for outward-processing of a networked-enterprise. A processing trade enterprise
shall, before outward processing, register for a record in the authorized customs the name of the enterprise undertaking the outward-processing,
name of the commodities and turnover quantity.

Article 11

The customs may check the networked-enterprise by data verification and spot check in the factory. The check in the factory includes
special check and stock-taking check.

Article 12

A networked-enterprise may, upon approval by the authorized customs, handle duty repayment for domestic sales monthly. A networked-enterprise
shall handle duty repayment for domestic sales in the same month after selling processing trade commodities in domestic market.

Article 13

A networked-enterprise shall pay the interests of delayed payment of duties to the customs in accordance with rules after selling
the processing trade commodities in domestic market.

The starting date to pay the interests of delayed payment of duties shall be set according to the following measures:

1.

For the enterprise conducting electronic handbook administration, the starting date shall be the date of the import of the first lot
of materials under the processing trade contract to which the materials or finished products for domestic sales are corresponding;

2.

For the enterprise conducting electronic account book administration, the starting date shall be the latest date for cancellation
after verification of the electronic account book to which the materials or finished products for domestic sales are corresponding.
If the date for cancellation after verification is not available, the starting date shall be that of the import of the first lot
of materials in the electronic account book to which the materials or finished products for domestic sales are corresponding.

The expiry date to pay the interests of delayed payment of duties shall be the date that the customs issues the duty payment book.

Article 14

A networked-enterprise shall apply for verification within 30 days from the ending date set by the customs for cancellation after
verification. If the application for verification fails to be submitted with proper reasons within the time limit, the period may
be prolonged with the approval of the authorized customs, but the extension may not exceed 60 days.

Article 15

A networked-enterprise shall inform the customs before stock-taking. The customs may, integrating with the enterprise’s stock-taking,
carry out verification and cancellation.

The customs shall, while integrating the stock-taking to carry out the verification and cancellation, compare the calculation of the
electronic account with the real stock of the networked-enterprise and handle them separately as follows:

1.

If the real stock is more than the calculation of the electronic account, the customs shall adjust current balance of the electronic
account according to real stock;

2.

If the real stock is less than the calculation of the electronic account and the networked-enterprise may give proper reasons, the
customs shall order the networked-enterprise to apply for domestic dales to the shortage;

3.

If the real stock is less than the calculation of the electronic account and the networked-enterprise fails to give proper reasons,
the customs may order the networked-enterprise to apply for domestic sales to the shortage, and may also punish it according to the
Implementation Regulations of the General Administration of Customs of the People’s Republic of China for Administrative Punishment.

Article 16

The customs may ask the networked-enterprise to provide margin or bank’s Letter of Guarantee as form of guarantee if the networked-enterprise
is in one of following circumstances:

1.

The enterprise’s administrative classification is adjusted to a lower grade;

2.

The data to the customs according to the facts has not been submitted;

3.

Refuse to provide corresponding account book, bills and certificates and data while the customs is carrying out the verification and
cancellation;

4.

Do not apply for the verification to the customs within the time limit;

5.

Do not establish an account book according to the customs’ request, account management is in chaos or accounts are not in order.

Article 17

Whoever violates these measures and commits a crime of smuggling or violates the customs’ rules on supervision and administration
shall be handled by the customs according to relative provisions of the Customs Law of the People’s Republic of China and the Implementation
Regulations of the General Administration of Customs of the People’s Republic of China for Administrative Punishment. Whoever commits
a crime shall be ascertained criminal liabilities.

Article 18

For the purpose of these measures:

“Electronic account” refers to the electronic data base established by the customs for a networked-enterprise according to its application
for noting down the information of processing trade record, import and export, verification and cancellation and etc.

“Special check” refers to the verification carried out by the customs to a networked-enterprise on one or more contents in light of
the needs of verification and administration.

“Stock-taking check” refers to a mode of verification and administration that the customs carries out material objects verification
and data check to part of bonded commodities within a certain period while a networked-enterprise is conducting stock-taking.

Article 19

The interpretation of the said measures shall be vested in the General Administration of Customs.

Article 20

These measures shall be implemented on August 1, 2006. The Measures of the General Administration of Customs for Networked Supervision
and Administration of Processing Trade Enterprises promulgated by the General Administration of Customs in its No. 100 Decree on
March 19, 2003 shall be abolished simultaneously.



 
General Administration of Customs
2006-06-14

 






ANNOUNCEMENT NO.35, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS ON COLLECTING ANTI-DUMPING DUTY ON EPICHLOROHYDRIN (ECH) ORIGINATING FROM RUSSIA, THE REPUBLIC OF KOREA, JAPAN AND THE UNITED STATES

Announcement No.35, 2006 of the General Administration of Customs on Collecting Anti-dumping Duty on Epichlorohydrin (ECH) Originating
from Russia, the Republic of Korea, Japan and the United States [2006] No. 35

In accordance with Anti-dumping Regulations of the People’s Republic of China, the Tariff Committee of the State Council decides to
collect anti-dumping duties on imported epichlorohydrin (ECH) originating from Russia, the Republic of Korea, Japan and the United
States as from June 28, 2006, and the duration of the collection shall be 5 years. The Ministry of Commerce specially released Announcement
No.44, 2006 (see Appendix 1 for details) therefor. Related matters in implementation are announced as follows: 1. As from June 28, 2006, related departments shall impose anti-dumping duties and value-added tax in the linkage of import, besides
import duties in line with current regulations, on imported ECH originating from Russia, the Republic of Korea, Japan and the United
States in line with tax rates listed in Appendix 2 of this Announcement and the following computing formulas, different suppliers
with different tax rates:

Anti-dumping duties = price after duties * anti-dumping rate

Value-added tax in the linkage of import = (price after duties + duties + anti-dumping duty) * rate of value-added tax in the linkage
of import

See Appendix 1 for detailed description of goods on which anti-dumping duties shall be imposed. 2. Importers must provide certificate of origin to the Customs for import of ECH; in case the goods are from Russia, the Republic of
Korea, Japan or the United States, commercial invoices from the original manufacturers shall be required as well. For those who cannot
provide the certificate of origin and have failed to assure that the goods are from Russia, the Republic of Korea, Japan or the United
States after investigation, the Customs shall collect the anti-dumping duties in accordance with the highest rate of anti-dumping
rate listed in Appendix 2. In case the goods are from Russia, the Republic of Korea, Japan or the United States, but import operators
cannot provide commercial invoices from the original manufacturers, the Customs shall collect the anti-dumping duties in accordance
with the rate of anti-dumping rate applied to other companies of relevant countries listed in Appendix 2. 3. As to issues on the collection of anti-dumping duties on ECH originating from Russia, the Republic of Korea, Japan and the United
States of processing trade bonded import, the Customs shall carry out the collection in accordance with Announcement No.9, 2001 of
General Administration of Customs of the People’s Republic of China and Decree No.11 of General Administration of Customs of the
People’s Republic of China. 4. If importers have imported ECH originating from Russia, the Republic of Korea, Japan and the United States and paid anti-dumping deposit
after the implementation of provisional anti-dumping measures, the anti-dumping deposit shall be calculated in line with the scope
of goods and anti-dumping rate specified in this Announcement. The anti-dumping deposit shall be transferred to be anti-dumping duties;
the deposit of value-added tax in the linkage of import shall be transferred to be value-added tax in the linkage of import as well.
Related enterprises may ask the Customs in the place of the collection for refund of excess within 6 months as from Jun 28, 2006.
The insufficient section shall be exempted. 5. When encountering the same or similar goods on which the Customs cannot make sure whether to impose anti-dumping duties on or not
in the process of collecting anti-dumping duties of the import ECH, please apply to the Ministry of Commerce for judgment. The Customs
shall act in accordance with judgment thereof.

Specially announced hereby

Appendix: 1. Announcement No.44, 2006 of the Ministry of Commerce of the People’s Republic of China (omitted) 2. Form of Anti-dumping Rate of Epichlorohydrin (ECH) General Administration of Customs June 27, 2006


￿￿


Appendix 2


Form of Anti-dumping Rate of Epichlorohydrin (ECH)


￿￿














































State of Origin

Name of Companies

Anti-dumping Rate


Russia

The Joint Stock Company Kaustik

17.9%


Limited Liability Company ￿￿Usoliekhimprom￿￿

5.4%


Other Russian Companies

71.5%


ROK

HAN WHA CHEMICAL CORPORATION

4.0%


Samsung Fine Chemicals Co., LTD

3.8%


Other Companies from the Republic of Korea

71.5%


Japan

Kashima Chemical Co., Ltd.

4.7%


DAISO CO., LTD.

0%


Other Japanese Companies

71.5%


US

The Dow Chemical Company

4.3%


Other American Companies

71.5%



 
General Administration of Customs
2006-06-27

 






CIRCULAR OF CHINA INSURANCE REGULATORY COMMISSION CONCERNING REGULATING THE ADMINISTRATION ON PREMIUM RATES IN THE INSURANCE CLAUSES OF COMMERCIAL MOTOR VEHICLES

Circular of China Insurance Regulatory Commission concerning Regulating the Administration on Premium Rates in the Insurance Clauses
of Commercial Motor Vehicles

Bao Jian Fa [2006] No. 75
July 4, 2006

Each property insurance company, each insurance regulatory body and China Insurance Association,

The Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles (hereinafter referred to as compulsory traffic
insurance) implemented as of July 1, 2006 is conducive to promoting a faithful and sound business operation of the property insurance
sector, is conducive to promoting a healthy development of the insurance industry and is conducive to promoting the social harmony
and stability. Each insurance company shall grasp this good chance, actively promote product innovation and unremittingly improve
the product system so as to ensure a smooth transition between the commercial motor vehicle insurance and the compulsory traffic
insurance as well as a sustainable, quick and sound development of the property insurance sector. We hereby give the notice about
related matters as follows:

1.

An insurance company shall develop the commercial motor vehicle insurance products on the compulsory traffic insurance in time. The
principles of compensation for commercial motor vehicle insurance shall abide by the related provisions of the Law of the People￿￿s
Republic of China on Road Traffic Safety. Particularly, an insurance company shall develop products of the third party liability
insurance for commercial motor vehicles beyond the maximum amounts of compensation in sub-items under the compulsory traffic insurance,
whose structure of premium rates shall be basically consistent with the compulsory traffic insurance and in which the specific vehicle
types can be further sub-divided.

2.

China Insurance Association may develop the basic premium rates in insurance clauses for the sector of commercial motor vehicle insurance
(hereinafter referred to as the premium rate of the Association). An insurance company may, in accordance with the real situation,
choose the present premium rate of the Association in force or develop new ones by itself. If the premium rate of the Association
is selected, any alteration may not be made thereon and any random portfolio may not be made among different sets of premium rates
of the Association, but supplementary motor vehicle insurance products can be developed in light of the premium rates of the Association.

3.

If an insurance company or China Insurance Association makes an application for any premium rate for the insurance clause of commercial
motor vehicles, it shall satisfy the requirements of the laws and regulations as well as industrial norms. The application materials
shall be complete and accurate. Such items as data basis, actuarial method and proceeding shall be indicated in the actuarial report
so as to ensure that the premium rates are both scientific and reasonable. The setting of processing fees and any other surcharge
rates shall be reasonable and proper, and the specific standards shall be clearly indicated. The rating standards for the processing
fees may differ according to product categories and sales channels. The processing fee rate per policy for a same product category
or sales channel may not go beyond the standards described in the actuarial report.

4.

The interval period for an insurance company or China Insurance Association to make an application for adjusting the clause premium
rates shall be at least 6 months. Particularly, to adjust the premium rate of the Association, an application shall be filed by China
Insurance Association with China Insurance Regulatory Commission. An insurance company may, upon approval of China Insurance Regulatory
Commission, choose the premium rate at its own will. If an insurance company needs to continue the premium rate of the Association
before adjustment, a new application shall be filed with China Insurance Regulatory Commission as a self-developed product.

5.

Each branch and sub-branch of an insurance company shall implement the premium rates of insurance clauses of commercial motor vehicles
as approved by China Insurance Regulatory Commission and may not change it unlawfully. Since July 1st, 2006, the insurance regulatory
bodies may not accept the application of any branch or sub-branch of an insurance company for adjusting the premium rate of motor
vehicles.

6.

When issuing and distributing any insurance policy, the insurance company shall provide the related insurance clauses to the insurance
purchaser. Since October 1, 2006, where an insurance company provides any insurance clause to any insurance purchaser, the related
clause serial number as approved by China Insurance Regulatory Commission shall be indicated after the clause name.

7.

Since July 1, 2006, an insurance company shall use the new commercial motor vehicle insurance products which are related to the compulsory
traffic insurance as approved by China Insurance Regulatory Commission. It shall cease the sale of the original motor vehicle insurance
products.

8.

The present Circular shall enter into force as of the distribution date. Any matter that has not been indicated herein shall be implemented
in accordance with the Measures concerning the Administration of Insurance Clauses and Premium Rates of Property Insurance Companies
and the related provisions.



 
China Insurance Regulatory Commission
2006-07-04

 






ANNOUNCEMENT NO.40, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE ALTERATION OF THE RIGHT AND OBLIGATION IN THE ANTI-DUMPING TDI OF MITSUI TAKEDA CHEMICALS, INC.

Announcement No.40, 2006 of the General Administration of Customs of the People’s Republic of China concerning the Alteration of the
Right and Obligation in the Anti-dumping TDI of MITSUI TAKEDA CHEMICALS, INC.

No. 40 [2006]

In accordance with Anti-dumping Regulations of the Peoples Republic of China, the Tariff Committee of the State Council decides to
impose anti-dumping duties on TDI (type of TDI80/20 and the tariff code is 29291010) originating from Japan, the Republic of Korea
and the United States as from Nov 22, 2004 with duration of 5 years. Ministry of Commerce released Announcement No.61, 2003 and the
General Administration of Customs released announcement No.64 on related issues of implementation. In accordance with result of midterm
review, the Tariff Committee of the State Council decided to adjust the rate of anti-dumping duties on imported TDI originating from
Japan and the Republic of Korea. The anti-dumping duties rate on MITSUI TAKEDA CHEMICALS, INC. was adjusted to 12.45 percent while
the rate of other companies of Japan was adjusted to 60.02 percent in January 2006, for which General Administration of Customs specially
release Announcement No.1, 2006. Recently, in accordance with application of MITSUI TAKEDA CHEMICALS, INC., Ministry of Commerce
decided that MITSUI CHEMICALS POLYURETHANE, INC. shall succeed anti-dumping duties rate applicable for MITSUI TAKEDA CHEMICALS, INC.
after examination, and released Announcement No.53, 2006 (please refer to Appendix for details). Related issues on Customs implementation
are announced as follows:

1.

The Customs will impose an anti-dumping duty of 12.45% and 60.02% on TDI originating from MITSUI CHEMICALS POLYURETHANE, INC. and
MITSUI TAKEDA CHEMICALS, INC. respectively.

2.

The other issues on anti-dumping duties of TDI originating from Japan, the Republic of Korea and the United States are subject to
related regulations of Announcement No. 64, 2003 and Announcement No.1, 2006 of the General Administration of Customs.

General Administration of Customs

Jul 12, 2006



 
General Administration of Customs
2006-07-12

 






ANNOUNCEMENT NO.41, 2006 OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE COLLECTION OF ANTI-DUMPING DUTIES ON IMPORTED PBT ORIGINATING FROM JAPAN AND TAIWAN REGION

Announcement No.41, 2006 of the General Administration of Customs of the People’s Republic of China concerning the Collection of Anti-dumping
Duties on Imported PBT Originating from Japan and Taiwan Region

No.41 [2006]

According to the provisions of Anti-dumping Regulations of the People’s Republic of China, Tariff Commission of the State Council
decided to impose anti-dumping duties on imported PBT originating from Japan and Taiwan Region as of July 22, 2006 for a period of
5 years. For this reason, the Ministry of Commerce has promulgated its Announcement No. 24, 2006 (See Appendix 1). Relevant issues
in the implementation are hereby announced as follows:

1.

As of July 22, 2006, besides levy of import duties in accordance with rules, in light of different manufactures, anti-dumping duties
and value added duties in import linkage shall be imposed on PBT originating from Japan and Taiwan Region (Tariff No. 39079900, Reinforced
or modified PBT under this Tariff No. is not included) according to appropriate duty rate as listed in Appendix 2 of this Announcement
and following formula,.

Anti-dumping Duty￿￿Customs Tax Payment Price ￿￿ate of Anti-dumping Duty

Value added Duty in import linkage ￿￿(Customs Tax Payment Price + Tariff + Anti-dumping Duty) ￿￿Value Added Duty Rate in import linkage

See Appendix 1 of this Announcement for detailed description of the products on which anti-dumping duties shall be imposed.

The import operation units shall write commodity number 39079900.10 when they declare the PBT without reinforcement and modification
under the Tariff No. 39079900, and write commodity number 39079900.90 when they declare reinforced or modified PBT and other products
under Tariff No. 39079900.

2.

Whoever declares imported PBT shall submit Origin Certificate to the Customs. If the origin is Japan or Taiwan Region, the invoice
of the original manufacture shall be provided. Any one who could not provide Origin Certificate when declaring imported PBT, and
no way to determine that the origin of the goods are not Japan or Taiwan Region, the customs shall levy anti-dumping duties according
to the highest rate of anti-dumping duties as listed in Appendix 2 of this Announcement. If the origin of the goods is Japan or Taiwan
Region could be determined, but the import operation unit could not provide the invoice of the original manufactures, the customs
shall impose anti-dumping duties according to the rate of anti-dumping duties applicable to other companies in corresponding countries
or regions as listed in Appendix 2 of this Announcement.

3.

About the issues how to impose anti-dumping duties on the bonded import of PBT originating from Japan and Taiwan Region for processing
trade and etc, the customs shall implement according to the provisions of Announcement No. 9, 2001 of the General Administration
of Customs of PRC and Decree No. 111 of the General Administration of Customs of PRC.

4.

The anti-dumping deposit that has been paid for the PBT originating from Japan and Taiwan Region imported after the implementation
of the temporary measures on anti-dumping shall be levied and changed to anti-dumping duties according to the commodity range that
shall be imposed anti-dumping duties and the rate of anti-dumping duties as prescribed in this Announcement, the deposit of value
added duties in import linkage paid simultaneously shall be changed to value added duties in import linkage. If above deposit exceeded
the rate of anti-dumping duties and corresponding value added duties in import linkage calculated according to the duty rate as stipulated
in this Announcement, the unit concerned may apply for refund to the customs in the duty levying area within 6 months from Jury 22,
2006. If above deposit is not enough, overdue duties shall not be levied.

5.

During the period of imposing anti-dumping duties on imported PBT, to the same or similar goods that the customs could not determine
whether anti-dumping duties shall be levied, the unit concerned shall make an application to the Ministry of Commerce and a determination
shall be made by relevant department of the Ministry of Commerce. The customs shall implement according to the determination of the
Ministry of Commerce.

You are hereby informed by the announcement.



 
General Administration of Customs
2006-07-20

 






CIRCULAR OF THE GENERAL OFFICE OF THE STATE ENVIRONMENTAL PROTECTION ADMINISTRATION ON STRENGTHENING THE EXAMINATION AND APPROVAL OF WASTE RESTRICTED FROM IMPORT

Circular of the General Office of the State Environmental Protection Administration on Strengthening the Examination and Approval
of Waste Restricted from Import

Huan Ban [2006] No.89

The competent bureaus (departments) of environmental protection in all provinces, autonomous regions, municipalities directly under
the Central Government:

For the purpose of strengthening the administration of solid waste used as raw materials which are restricted from import (hereinafter
referred to as “imported waste”), regulating its examination and approval, putting an end to the illegal activities of reselling
import licence of solid waste at high profits and preventing environmental pollution caused by the processing and utilization of
solid waste, it is hereby notified:

I.

To further strengthen the examination and approval of waste import ports

The competent departments of environmental protection at all levels shall strengthen the administration of waste import ports in accordance
with the Circular on Relevant Issues Concerning the Strengthening of Examination and Approval of Waste Restricted from Import (Huan
Ban [2004] No.100). They shall be examined and approved by the competent departments nearby. When examining the applications of importing
waste through coastal ports of other provinces, autonomous regions and municipalities, the competent departments in the following
21 provinces, autonomous regions and municipalities, i.e. Heilongjiang, Jilin, Inner Mongolia, Shanxi, Shaanxi, Ningxia, Gansu, Qinghai,
Xinjiang, Tibet, Sichuan, Chongqing, Yunnan, Guizhou, Hubei, Hunan, Jiangxi, Anhui, Hebei, Henan and Beijing, shall strengthen the
examination and verification of the capacity of the entities which process and utilize imported waste, their utilization record and
the feasibility of cost accounting of importing waste through remote ports; the applications shall be submitted to the State Environmental
Protection Administration only when they passed the local examinations.

II.

To further strengthen the supervision and administration of the entities which import and process waste plastics and waste hardware
and electric appliance

1.

To make a record of the entities which utilize imported waste. As of September 1, 2006, entities which import waste plastics and waste
hardware and electric appliance shall register at local competent departments of environmental protection and fill in the Record
Form of Entities Importing Solid Waste as Raw Materials(For Trial Implementation) (See Appendix 1)

2.

To make a record of the current utilization of imported waste. As of the beginning day of importing solid waste, the registered entities
shall keep a daily operation notebook and record exactly the importations, transportations, utilization and disposal of imported
waste (including the disposal of residues which cannot be utilized). They shall fill in the Record Form of Solid Waste Utilization
as Raw Materials (For Trial Implementation) (See Appendix 2) every quarter for key issues noted on their daily operation notebook
and submit it to the competent departments for record. They shall also preserve relevant documents for inquiry for at least 3 years.

3.

To strengthen supervision and inspection. The competent departments of environmental protection at all levels shall strengthen the
supervision and administration of the entities which import and process waste plastics and waste hardware and electric appliance,
and conduct regular inspections on their utilizing capacity, current situation and pollution prevention measures. The municipal departments
of environmental protection shall submit to the provincial ones the record of these entities, of their current situation of utilization
and the results of supervision and inspection on them, the summary of which shall then be submitted to the State Environmental Protection
Administration.

III.

To continue to combat forgery, falsification and reselling of import licence of solid waste at high profits

To ensure that imported waste is processed and utilized in entities which have legally obtained the import licence of solid waste,
the competent departments of environmental protection at all levels, especially those of coastal cities, shall strengthen the combat
against local illegal activities of forgery, falsification and reselling of import licence of solid waste at high profits in conjunction
with local competent departments of public security, customs and quality control. Those who are confirmed to have committed illegal
activities shall take responsibilities in accordance with the law and be made known to all by announcement.

Appendix:

1.

Record Form of Entities Importing Solid Waste as Raw Materials (For Trial Implementation)

2.

Record Form of Solid Waste Utilization as Raw Materials (For Trial Implementation)

General Office of the State Environmental Protection Administration

August 1, 2006



 
General Office of the State Environmental Protection Administration
2006-08-01

 






CIRCULAR OF THE GENERAL OFFICE OF THE MINISTRY OF COMMERCE ON RELEVANT ISSUES CONCERNING THE IMPLEMENTATION OF THE OPINIONS CONCERNING REGULATING THE ACCESS TO AND ADMINISTRATION OF FOREIGN INVESTMENT IN THE REAL ESTATE MARKET

Circular of the General Office of the Ministry of Commerce on Relevant Issues Concerning the Implementation of the Opinions Concerning
Regulating the Access to and Administration of Foreign Investment in the Real Estate Market

Administrative commercial departments of all provinces, autonomous regions, municipalities directly under the Central Government,
Xinjiang Production and Construction Corps:

The Ministry of Construction, the Ministry of Commerce, National Development and Reform Commission, the People’s Bank of China, the
State Administration for Industry and Commerce and the State Administration of Foreign Exchange, upon the consent of the State Council,
promulgated the Opinions Concerning Regulating the Access to and Administration of Foreign Investment in the Real Estate Market (hereinafter
referred to as the Opinions) on July 11, 2006. Relevant issues concerning the approval and administration of foreign-invested enterprises
during the implementation of the Opinions are hereby notified as follows:

1.

The foreign-invested real estate enterprises mentioned in the Opinions refer to foreign-invested enterprises that engage in the construction
and operation of all kinds of residence such as ordinary residence, apartments and villa, hotels (restaurants), vacation villages,
office buildings, exhibition centers, commercial facilities, theme parks, etc. as well as the land development or tract development
that aim for the construction of the above-mentioned projects.

2.

Where foreign institutions and individuals (hereinafter referred to as foreign investors) are to purchase non-self-use real estates
in China, they shall apply for the establishment of foreign-invested enterprises in accordance with relevant laws, regulations and
rules in respect of foreign investment. Upon approval by relevant departments and after registration, they may engage in the related
business in accordance with the approved scope of business.

3.

Where the amount of investment of a real estate enterprise established by foreign investment is not less than 10 million dollars,
its registered capital shall not be less than 50% of its amount of investment; If the investment amount is more than 3 million dollars
but less than 10 million dollars, its registered capital shall not be less than 50% of its amount of investment; If the investment
amount is not more than 3 million dollars, its registered capital shall not be less than 70% of its amount of investment.

4.

With respect of the establishment of a foreign-invested real estate enterprise, the commercial administrative departments and the
industrial and commercial administrative organs shall grant an approval for establishment and handle the relevant formalities for
registration pursuant to law, and issue a one-year Approval Certificate of Foreign-invested Enterprises and Business License. In
addition, a statement that “This Certificate shall expire on ___ (date)” shall be clearly given in the remarks column.

5.

-invested real estate enterprises shall pay the land transfer fee to land administrative authorities within validity period, apply
for a Certificate for Using State-owned Land and may, in accordance with the Certificate for Using State-owned Land, renew the formal
Approval Certificate of Foreign-invested Enterprises in the commercial administrative department and thereafter, renew the Business
License with the same term as the Approval Certificate of Foreign-invested Enterprises in the industrial and commercial administrative
organs.

6.

The “transfer of projects by foreign-invested real estate enterprises” mentioned in the Opinions refers to the transfer by the foreign-invested
real estate enterprises of the land they developed or real estate they constructed to domestic or foreign investors pursuant to the
law. The transfer of projects by foreign-invested real estate enterprises shall be submitted for approval in accordance with relevant
provisions of the State. The already-built commercial houses, purchased by domestic or foreign institutions or individuals for self-use
or self-accommodation do not fall into the scope of the “transfer of projects by foreign-invested real estate enterprises”.

7.

Where an overseas investor merges domestic real estate enterprises through equity transfer or any other ways, it shall make appropriate
arrangements for the relevant employees, settle the bank debts and pay the transfer fee with its self owned capital in a one-off
manner within three months as of the day the business license of the foreign-invested enterprise was issued.

8.

Where an overseas investor acquires the equities of the Chinese party of a foreign-invested real estate enterprise, it shall make
appropriate arrangements for the relevant employees, settle the bank debts and pay the transfer fee with its self owned capital in
a one-off manner within three months as of the day the equity transfer agreement came into force.

All commercial departments at all levels shall examine and approve foreign-invested real estate enterprises strictly in accordance
with the provisions above and in case of any problems encountered in the course of implementation, they may contact the Ministry
of Commerce (the Foreign-investment Department) on a timely basis.

General Office of the Ministry of Commerce

August 14, 2006



 
General Office of the Ministry of Commerce
2006-08-14

 






MINISTRY OF COMMERCE ANNOUNCEMENT NO.60 ON PRELIMINARY ARBITRATION ON IMPORTED POTATO STARCH ORIGINATING FROM EU

Ministry of Commerce Announcement No.60 on Preliminary Arbitration on Imported Potato Starch Originating from EU

No.60 [2006]

In accordance with Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce released Announcement No.4, 2006
on Feb 6, 2006, deciding to carry out anti-dumping investigation on imported potato starch (hereinafter referred to as “investigated
commodities”) originating from EU.

Ministry of Commerce carried out investigation on dumping and dumping profit margin as well as injury and injury extent, according
to the results of which as well as tem No. 24 of the Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce
release preliminary attribution (please refer appendix). Relevant matters are now announced as follows:

1.

Preliminary Attribution

In accordance with investigation results, Ministry of Commerce confirms the dumping of potato starch originating from EU, industrial
injuries of domestic potato starch industry as well as the causality between dumping of the investigated commodities and the injury
of Chinese potato starch industries.

2.

Deposit

In accordance with tem No. 28 and 29 of the Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce decides
to carry out anti-dumping measures by means of cash deposit. As from Aug 18, 2006, importers shall provide relevant deposits to customs
of the People’s Republic of China for the importing of potato starch originating from the EU in accordance with anti-dumping margin
of the preliminary arbitration.

Deposit rates of different Companies:

(1)

AVEBE U.A.: 44 percent

(2)

Avebe Kartoffelstarkefabrik Prignitz/Wendland GmbH: 44 percent

(3)

ROQUETTE FRERES: 35 percent

(4)

All Others: 57.1 percent

3.

Methods of levying deposit

Import operators shall pay the corresponding deposit to the Customs of PRC as of 18 August 2006 when importing potato starch originating
from EU. The deposit shall be levied on the duty-paying value approved by the Customs, the formula of which is as follows:

Amount of deposit = (Customs dutiable value price * deposit rate) * (1+ value-added tax in the link of import)

4.

Comment

All interested parties may submit relevant evidences to Ministry of Commerce in 20 days for consideration as from release of this
announcement.

Appendix:Ministry of Commerce Preliminary Attribution on Potato Starch Originating from the EU

Ministry of Commerce

Aug 18, 2006



 
Ministry of Commerce
2006-08-18

 






CIRCULAR OF THE NATIONAL DEVELOPMENT AND REFORM COMMISSION AND THE GENERAL ADMINISTRATION OF CIVIL AVIATION OF CHINA ON ADJUSTMENT IN THE PASSENGER FUEL SURCHARGE FOR DOMESTIC FLIGHTS

Circular of the National Development and Reform Commission and the General Administration of Civil Aviation of China on Adjustment
in the Passenger Fuel Surcharge for Domestic Flights

Fa Gai Jia Ge [2006] No.1683

The Development and Reform Commissions and Price Bureaus of all provinces, autonomous regions, and municipalities directly under the
Central Government, all District Administrations of CAAC and all Air Carriers:

Upon approval by the State Council, an adjustment in the passenger fuel surcharge for domestic flights will be implemented in light
with the recent change in domestic aviation fuel price. Notice on matters concerned is as follows:

1.

According to the adjustment, the passenger jetliner fuel surcharges on domestic flights for each passenger flying less than 800 kilometers
shall rise to 60 yuan from the current 30 yuan and those on routes over 800 kilometers shall pay a 100-yuan surcharge, up from 60
yuan The rises are to be implemented on September 1st, 2006, subject to flight times. Passengers who have booked the tickets in advance
are exempted from the recharge.

2.

Infants, charged by 10% of the general full, shall continue to be exempt from this surcharge; children (including unaccompanied children),
disabled revolutionary servicemen, and people’s police disabled while on duty, charged by 50% of the general full, shall continue
to be charged by half of the surcharge, namely 30 yuan for each passenger whose traveling distance is less than 800 kilometers, and
50 yuan over this distance.

3.

All levels of departments in charge of price shall protect the legitimate rights and interests of consumers by strengthening their
supervision and inspection over the implementation of the aviation transportation prices, and investigating and handling illegal
acts on price in time.

The National Development and Reform Commission

The General Administration of Civil Aviation of China

August 24 2006



 
The National Development and Reform Commission, the General Administration of Civil Aviation of China
2006-08-24

 






CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON RELEVANT ISSUES CONCERNING THE ADMINISTRATION OF FOREIGN EXCHANGE ON FUND MANAGEMENT COMPANY’S OVERSEAS INVESTMENT IN SECURITIES

Circular of the State Administration of Foreign Exchange on Relevant Issues concerning the Administration of Foreign Exchange on Fund
Management Company’s Overseas Investment in Securities

Hui Fa [2006] No. 46
August 30, 2006

Branch offices and foreign exchange control departments of the State Administration of Foreign Exchange in all provinces, autonomous
regions and municipalities directly under the Central Government, branch offices in the cities of Shenzhen, Dalian, Qingdao, Xiamen
and Ningbo:

In order to meet the reasonable demands of domestic individual residents and institutions in overseas financial investment and assets
management, and to regulate the administration of foreign exchange on fund management company’s overseas investment in securities,
and in accordance with the spirit of the Announcement of the People’s Bank of China [2006] No. 5, a circular is hereby given on relevant
issues as follows:

Article 1

Where a fund management company handles the overseas investment in securities, it shall in advance obtain an approval, and obtain
a qualification in dealing with foreign exchange business, and a quota of overseas investment in securities from the local branch
offices or foreign exchange control departments (hereinafter referred to as the foreign exchange bureau) of the State Administration
of Foreign Exchange. And a fund management company may also apply for a qualification in dealing with foreign exchange business when
it applies for a quota of overseas investment in securities.

Article 2

A fund management company may apply for dealing with part or all of these foreign exchange businesses as follows:

(1)

Foreign exchange assets management;

(2)

Foreign exchange capital investment;

(3)

Foreign exchange inter-bank borrowings;

(4)

Status enquiry and advisory services;

(5)

Other businesses approved by the State Administration of Foreign Exchange.

A fund management company’s dealing with the businesses of foreign exchange assets management and foreign exchange capital investment
shall be in line with the relevant prescriptions of China Securities Regulatory Commission (hereinafter referred to as the CSRC).

Article 3

A fund management company shall apply to the local foreign exchange bureau for a qualification in dealing with foreign exchange business
with these documents as follows:

(1)

An application in written form covering the basic situation of the company, the internal organizational structure, r￿￿sum￿￿s and
relevant qualification certificates of the company’s higher managements in foreign exchange business, the feasibility analysis for
dealing with foreign exchange business, service conditions etc.;

(2)

A duplicated copy of the original copy of the Corporation License for Fund Management Company issued by the CSRC;

(3)

The company’s internal control management system and risk prevention measures in foreign exchange business;

(4)

The company’s financial statement of the previous year audited by an accounting firm, and a capital assessment report audited by
an accounting firm for the company which was established less than 1 year ago;

(5)

Other documents required by the foreign exchange bureau.

The local foreign exchange bureau shall, within 20 work days as of the date of receiving the complete application documents, give
an opinion of first instance in accordance with the Code of Procedure on Examining and Verifying the Fund Management Company’s Market
Access to Foreign Exchange Business (See Annex 1), and submit them, in accordance with the procedures, to the State Administration
of Foreign Exchange, which shall, within 20 work days as of the date of receiving the complete application documents, make a decision
of approval or rejection; and if approved, a License for Foreign Exchange Operation in Securities Business shall be issued.

Article 4

A fund management company shall apply to the local foreign exchange bureau for a quota of overseas investment in securities with
these documents as follows:

(1)

An application covering the basic situation of the applicant, the investment quota to be applied for, the fund type to be established
(open/close), the quantum of the fund to be issued, capital resources and a investment plan, and a model of the written agreement
to be concluded with the investors;

(2)

A License for Foreign Exchange Operation in Securities Business or the application documents prescribed in Article 3 of this Circular;

(3)

Documents or relevant evidentiary materials issued by the CSRC to approve its business of overseas investment in securities;

(4)

The company’s financial statement of the last year audited by an accounting firm;

(5)

Other documents required by the foreign exchange bureau.

The local foreign exchange bureau shall, within 20 work days as of the date of receiving the complete application documents, give
an opinion of first instance in accordance with the Code of Procedure on the Foreign Exchange Business of the Fund Management Company’s
Overseas Investment in Securities (See Annex 2), and submit them, in accordance with the procedures, to the State Administration
of Foreign Exchange, which shall, within 20 work days as of the date of receiving the complete application documents, make a decision
of approval or rejection; and if approved, an investment quota and fund quantum shall be clearly defined.

Article 5

A fund management company shall, with the relevant approval documents issued by the foreign exchange bureau, open a self-owned foreign
exchange capital account at a designated foreign exchange bank to deposit the foreign exchange capital and earnings of this company
hereof, and report to the local foreign exchange bureau for records within 5 work days as of the opening of the account hereof.

The scope of receipts of the self-owned foreign exchange capital account of a fund management company is: the remitted foreign exchange
capital, earnings from foreign exchange business and other foreign exchange receipts approved by the foreign exchange bureau, and
the scope of expenditures is: foreign exchange settlement, current expenses and capital account expenditures approved by the foreign
exchange bureau.

Article 6

A fund management company shall, with the approval documents of investment quota issued by the foreign exchange bureau, open a foreign
exchange account for overseas investment in securities to deposit the raised capital and subscription, redemption, dividend and other
foreign exchange capitals, and report to the local foreign exchange bureau for records within 5 work days as of the date of the opening
of this account hereof.

The scope of receipts of the foreign exchange account for overseas investment in securities of a fund management company is: capitals
raised from domestic individual residents and institutions, capitals drawn from domestic custody accounts, capitals remitted by domestic
individual residents and institutions for subscription of funds, and other foreign exchange receipts approved by the foreign exchange
bureau, and the scope of expenditures is: capitals drawn to domestic custody accounts, capitals for paying the investors dividends
and redemptions, and other foreign exchange expenditures approved by the foreign exchange bureau.

Article 7

A fund management company shall, after obtaining the investment quota approved by the foreign exchange bureau, conclude a custody
agreement with a domestic custodian and open a domestic custody account to custody all its assets for overseas investment in securities.
And a domestic custodian shall accord with the conditions prescribed by China Banking Regulatory Commission.

A fund management company shall, within 5 work days as of the date of the opening of this account hereof, file with the local foreign
exchange bureau for records the opening of this account hereof and the custody agreement.

The scope of receipts of a domestic custody account is: capitals drawn from the foreign exchange account for overseas investment in
securities of a fund management company, capitals drawn from an overseas foreign exchange settlement account, and other foreign exchange
receipts approved by the foreign exchange bureau, and the scope of expenditures is: capitals drawn to an overseas foreign exchange
settlement account, capitals drawn to the foreign exchange account for overseas investment in securities of a fund management company,
capitals for paying the investors dividends and redemptions, capitals for paying the custodian fees, management fees and fees for
various kinds of formalities, and other expenditures approved by the foreign exchange bureau.

Article 8

A domestic custodian shall open an overseas foreign exchange settlement account for a fund management company at an overseas custodian
agency, which is used in capital settlement business with the overseas securities registration and settlement institutions etc.,
and file with the State Administration of Foreign Exchange the opening of this account hereof within 5 work days as of the date of
the opening of this account hereof.

The scope of receipts of an overseas foreign exchange settle account is: capitals drawn from a domestic custody account, capitals
acquired through the sale of various kinds of overseas financial assets, dividend distribution and interest receipts and other receipts
approved by the foreign exchange bureau, and the scope of expenditures is: capitals drawn to a domestic custody account, capitals
for purchasing various kinds of overseas financial assets, capitals for paying relevant fees, and other expenditures approved by
the foreign exchange bureau.

Article 9

A fund management company may remit out and remit in the balance between the subscription and redemption of open funds through a
domestic custody account, and the accumulated net remit-out amount of a fund management company shall not exceed the investment scale
calculated on the basis of the investment quantum approved by the foreign exchange bureau.

Article 10

The subscription of funds by a domestic individual resident and institution shall be handled through banks with the written agreements
concluded between it and a fund management company. An individual, when subscribing funds, shall use its foreign exchange deposit
in a domestic bank rather than directly using foreign currency cash, and a domestic institution shall not subscribe funds with debt
foreign exchange capitals.

Article 11

The foreign exchange capitals acquired by a domestic individual resident and institution from the redemption and dividend of funds
shall undergo the formalities of withdrawal and transfer at a bank with a payment order from a fund management company, and be transferred
to its foreign exchange deposit account. An individual shall not directly draw cash or foreign exchange settlement from its foreign
exchange account for overseas investment in securities. The foreign exchange capitals acquired by a domestic institution from the
redemption and dividend of funds shall be transferred to its former foreign exchange account by a bank.

Article 12

A domestic custodian shall, in accordance with the prescribed pattern (See Annexes 1, 2 and 3), submit data to the State Administration
of Foreign Exchange within 7 work days after the end of each month, and conduct submission on international receipts and expenditures
in accordance with relevant prescriptions.

Article 13

The foreign exchange bureau of where a fund management company is located shall monthly tabulate and submit to the State Administration
of Foreign Exchange the openings and cancellations of the self-owned foreign exchange accounts, foreign exchange accounts for overseas
investment in securities, domestic custody accounts of the fund management companies within the jurisdiction of its own.

Article 14

A fund management company and bank in violation of the prescriptions in this Circular shall be punished by the foreign exchange bureau
in accordance with the Foreign Exchange Control Regulations of the People’s Republic of China and relevant administrative regulations
on foreign exchange. With regard to a domestic custodian in a gross violation, a fund management company may be instructed by the
foreign exchange bureau to change the custodian hereof; and with regard to a fund management company in a gross violation, the foreign
exchange bureau may cancel its investment quota or revoke its License for Foreign Exchange Operation in Securities Business.

Article 15

This Circular shall come into force as of the date of promulgation. All branch offices and foreign exchange control departments,
after receiving this Circular, shall timely redistribute this Circular to the central branch offices within their jurisdictions,
and redistribute this Circular and the annexed lists to the fund management companies and designated foreign exchange banks within
their jurisdictions. And if problems occur in the implementation, the State Administration of Foreign Exchange shall be timely informed.

Annexes

(1)

Code of Procedure on Examining and Verifying the Fund Management Company’s Market Access to Foreign Exchange Business (omitted)

(2)

Code of Procedure on the Foreign Exchange Business of the Fund Management Company’s Overseas Investment in Securities (omitted)

Annexed Lists

(1)

Monthly Report on Overseas Investment in Securities by Qualified Domestic Institutional Investor (I)

(2)

Monthly Report on Overseas Investment in Securities by Qualified Domestic Institutional Investor (II)

(3)

List on Capital Remit-outs and Remit-ins by Qualified Domestic Institutional Investor



 
State Administration of Foreign Exchange
2006-08-30

 






1...626364...83Page 63 of 83

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...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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