Interim Provisions for Administration of Export Commodities
Interim Provisions for Administration of Export Commodities
(Promulgated by the Ministry of Foreign Economic Relations andTrade on December 29, 1992)
Whole Doc.
To meet the need of the development of the socialist market economy,
strengthen the macro administration of export and accelerate the
development of foreign trade referring to the practices of international
trade, the Interim Provisions For Administration of Export Commodities is
enacted as follows:
1. The scope of export commodities administrated with quota li- censes the State
The export commodities administrated with quota licenses are mainly:
the export commodities in bulk and resource nature and relating to the
national importance and the people's lives and the traditional export
commodities in bulk which have important positions in our export; the
important export commodities which have dominant positions in the world
market or in certain market, the export commodities restricted with quotas
by foreign states or commodities demanded by foreign states to actively
restrict our export quantity; the commodities in large export amount and
liable to cause disorder of trade, the important export commodities with
famous brand or high quality or speciality, or export commodities having
special requirement. The number of the export commodities administrated
with the quota licenses all together is 138 (list attached behind). With
the deepening of the reform, the number of the export commodities
administrated with quota licenses shall be reduced in the future step by
step.
(1) The planned quota shall apply to the export commodities in bulk
and resource nature relating to national importance and people's lives and
the traditional export commodities in bulk which have very important
positions in our export. The number of commodities is 38. When annual
export quantity is fixed, the MOFERT shall assign the quantity to
provinces, autonomous regions, cities under direction of the State and
cities with separate list in the State planning (hereunder referred to as
local governments) and foreign trade (or industrial and trading companies
directly under ministries of the Central Government (hereunder referred as
foreign trade companies under Ministries) for the implementation.
(2) The active quota administration shall apply to the important
export commodities having dominant positions in world market or in certain
market and the export commodities demanded by foreign states to be
actively restricted. The number of commodities is 54. Among them, overseas
areas have 31 quotaed commodities; Hong Kong and Macao have 23 quotaed
commodities. The annual export quantity shall be fixed by the MOFERT
according to foreign and domestic market situations with consultation with
relevant Chambers of Export and Import. The quota shall be in principle
assigned among the local governments and foreign trade companies under
ministries to implement.
(3) The ordinary license administration shall apply to the export
commodities in large export amount and liable to cause disorder of trade,
the important export commodities with famous brand or high quality or
speciality and some commodities which really need to be administrated.
These commodities are listed in the export commodities administrated with
export licenses. The number of the commodities is 22. The assortments
shall be adjusted every year. The annual export quantities in principle
are not restricted. The main focus is the administration of the order of
trade.
(4) The 24 export commodities having quotas laid by foreign states
shall continue the passive quota administration. The annual export
quantity shall be implemented according to the bilateral agreements. The
measures to assign the quotas shall be made separately.
(5) For the export commodities produced and exported by enterprises
with foreign investment which are under quota license administration, the
export quotas shall be arranged according to the approved contract when
the project was set up.
2. Export license administration
(1) The export license administration shall apply to
all export commodities administrated with planned quota, active quota and
ordinary licenses. The total number of commodities administrated with the
export licenses is 114.
(2) The licenses shall be issued for export commodities administrated
with planned quota and active quota according to plan and quota quantity;
The number of ordinary licenses issued for export commodities
administrated with the ordinary licenses in principle are not restricted.
If the situations of world market or domestic market have changed and
demand to restrict the number of licenses issued, the MOFERT shall notify
the issuing administration in advance.
(3) The MOFERT shall make provisions for administration of licenses,
carry out macro administration and control the total amount. The routine
issuing work for commodities under the ordinary licenses shall be mainly
carried out by the local foreign trade administration and the Special
Commissioner's Office.
(4) The bidding measures are introduced in issuing of licenses for
some commodities administrated with licenses. The Chambers of Export and
Import shall organize the bidding. The license issuing administration
shall, within the fixed quota amounts, issue the export licenses according
to quantity and price in the bidding by the company. The foreign trade
administration shall supervise and administrate the execution of the
contracts. The scope of commodities administrated with quota licenses for
which bidding is tried out shall be enlarged.
3. Administration for export commodities trade
(1) The 16 most important export commodities within
commodities administrated with planned quota shall be jointly traded and
monopolized by the State. The MOFERT shall organize the detailed
implementation.
(2) Except for the 16 most important export commodities jointly
traded and monopolized by the State, the rest of export commodities
administrated with quota licenses shall be assigned by the foreign trade
administration of the provinces, autonomous regions, cities under
direction of the Central Government and cities with separate list in the
State planning to foreign trade companies which have export result or
business ability and other companies having the rights to export the
commodities. (The companies under ministries shall be assigned by the
MOFERT according to their export result or business ability). Commodities
not included in the above-mentioned commodities can be traded by all
foreign trade companies approved by the State to operate foreign trade
business.
(3) The business scope of companies of production in nature, entitive
company groups or enterprises with foreign investment having rights to
export their own products are still restricted to their own products.
(4) No company can export the goods listed as follows;
((1)) those having threat to national security;
((2)) antique, animals or plants close to extinction or
very precious, products produced by the forced labour and other goods
prohibited to be exported by the laws or regulations;
((3)) those violating the international duties of the
People's Republic of China;
((4)) musk, natural bezoar, copper and copper based alloy, platinum
which are specially lacking in the domestic market.
4. Coordinative administration of export commodities
The export commodities needed to be coordinated shall be coordinately
administrated by each specialized Chamber of Export and Import. The
companies dealing with export commodities administrated with quota
licenses shall join the relevant Chamber of Export and Import, The
detailed coordinative methods shall be made out by each Chamber of Export
and Import. Once being discussed and passed by the general assembly
meeting of mummers, the methods shall be implemented strictly.
The joint operation by companies trading the same export commodities
on the basis of willingness, equality and mutual benefit shall be highly
encouraged.
The Law on Trade Marks shall be strictly implemented to protect and
promote the export commodities with famous brands.
5. Increasing the transparency of administration of export com- modities
If no commercial secrecy is involved, the results of assignment and
execution of quotas for export commodities administrated with quota
licenses shall be promulgated every year in order to be supervised by all
parties concerned.
6. The present Provisions shall enter into force on January 1, 1993. The
MOFERT shall be responsible for interpretation of the present Provisions.
The List of Export Commodities Administrated with Quota Licenses by the
State
(Total 138 Categories)
1. The List of Export Commodities Administrated with Planned Quota (38 Categories)
((1)) rice
((2)) soybean (including crushed)
((3)) corn (including crushed)
((4)) tea
((5)) coal (including coal-water mixture)
((6)) tungsten (tungsten ore, ammonium paratungstate, tungsten
trioxide, tungstate )
((7)) antimony (antimony ingots, antimony oxide)
((8)) crude oil
((9)) processed oil products
((10)) cotton
((11)) cotton yarn
((12)) polyester cotton yarn
((13)) cotton gray cloth
((14)) polyester cotton gray cloth
((15)) silk
((16)) gray silk fabrics (shuttle-woven, knitted, raw, boiled-off,
bleached)
(The 16 very important export commodities shall be jointly traded and
monopolized by the State)
((17)) bean cakes and meal
((18)) peanut
((19)) resin and pine resin
((20)) log and sawed products
((21)) cashmere and dehaired wool
((22)) rabbit hair
((23)) rolled steel and waste steel
((24)) pig iron
((25)) tin (tin ingots, tin solder rods and tin ore)
((26)) zinc (zinc ingots, zinc ore)
((27)) ferro alloy (ferro silicon, ferro tungsten)
((28)) coke
((29)) cement
((30)) caustic calcined (dead burnt) magnesite
((31)) fluorspar lumps and powder
((32)) talc lumps (talc powder)
((33)) caustic soda
((34)) soda ash
((35)) paraffin wax
((36)) Chinese herb (ginseng, licorice root)
((37)) tetracycline
((38)) Vitamin C
2. The List of Commodities Administrated with Active Quota (54 Ca- tegories, in the parenthese, countries and regions are applied to active quotas)
((1)) fire works and firecrackers (U. S. A., Japan, Hong Kong, Macao)
((2)) canned asparagus (EEC, Hong Kong, Macao)
((3)) boiled bamboo shoot (Japan)
((4)) red bean (Japan)
((5)) sorghum (Japan, Southeast Asia)
((6)) dried osmunda (Japan)
((7)) chestnut (Japan, Hong Kong, Macao, Southeast Asia)
((8)) garlic (Hong Kong, Southeast Asia)
((9)) sesame (Japan)
((10)) buckwheat (Japan)
((11)) honey (Japan)
((12)) peppermint oil (EEC)
((13)) reed and reed products (Japan)
((14)) Chinese small iris and its products (Japan)
((15)) Arabic robes and trousers (Middle East 6 Countries)
((16)) crystalline flake graphite (Japan)
((17)) heparin sodium (EEC, Hong Kong, U.S.A.)
((18)) fresh royal jelly (Japan, EEC, U.S.A.)
((19)) tuber of pinellia (Japan)
((20)) flos sophorae immaturus (Japan)
((21)) paulownia timber and sawn products (Japan)
((22)) bleached cotton cloth (Japan, Hong Kong, Macao)
((23)) bleached trueran cloth (Japan)
((24)) diphenylesters (South Korea, Southeast Asia)
((25)) licorice root products (Hong Kong, Macao, Japan, Southeast
Asia)
((26)) furfural (furfural alcohol) (EEC, Japan)
((27)) carpet (U. K., Japan)
((28)) silicon manganese alloy (Japan, Hong Kong, Macao)
((29)) mandarin orange (Southeast Asia)
((30)) frozen rabbit (EEC, Hong Kong, Macao)
((31)) swinning crab (Japan)
((32)) live hog (big and medium live hog, live nursing hog (Hong
Kong, Macao)
((33)) live cattle (Hong Kong, Macao)
((34)) live sheep (Hong Kong, Macao)
((35)) live poultry (live chicken, live duck, live goose, live
pigeon) (Hong Kong, Macao)
((36)) frozen pork (Hong Kong, Macao)
((37)) frozen beef (Hong Kong, Macao)
((38)) frozen mutton (Hong Kong, Macao)
((39)) frozen poultry (Hong Kong, Macao)
((40)) live aquatic products (live pond fish, crabs) (Hong Kong,
Macao)
((41)) fresh fruits (Ya pear, Hami melon, sweet pear, litchi, water
melon) (Hong K ong, Macao)
((42)) fresh vegetables (Chinese cabbage, potato, turnip, wax
gourd,calliflower) ( Hong Kong, Macao)
((43)) preserved eggs (Hong Kong, Macao)
((44)) Chinese caterpillar fungus (Hong Kong, Macao)
((45)) chrysanthemum (Hong Kong, Macao)
((46)) root of membranous milk vetch (Hong Kong, Macao)
((47)) Chinese angelica (Hong Kong, Macao)
((48)) Chinese wolfberry fruit (Hong Kong, Macao)
((49)) dangshen (Hong Kong, Macao)
((50)) fuling (Hong Kong, Macao)
((51)) ramie yarn (yarn, twig, ball, dried ramie) (Hong Kong, Macao)
((52)) ramie gray cloth (Hong Kong, Macao)
((53)) toilet paper (Hong Kong, Macao)
((54)) mushroom in brine (Hong Kong, Macao)
3. The List of Commodities Administrated with Ordinary Licenses (22
Categories )
((1)) sugar
((2)) drawnwork (hand embroidery, hand weaved drawnwork)
((3)) bristles
((4)) hog casing
((5)) black and white TV set
((6)) bearing
((7)) rare earth
((8)) cassia bark
((9)) cassia oil
((10)) heavy water
((11)) cloisonne
((12)) matsutake
((13)) ephedrine
((14)) polyethylene
((15)) lead and lead-based alloy
((16)) nickel and nickel-based alloy
((17)) rolled nickel
((18)) yellow phosphorus
((19)) aluminum ingots
((20)) chemicals for both civil and military purposes (10)
((21)) chemicals easy to make poison (22)
((22)) electronic computer and related equipments
4. The List of Commodities Administrated with Passive Quotas (24
Categories)
(1) Textile Commodities under Passive Quotas (19)
((1)) synthetic fiber
((2)) cotton yarn
((3)) wool yarn and knitting wool
((4)) other yarn
((5)) cotton cloth (dyed and colored)
((6)) synthetic blended cloth
((7)) linen canvas
((8)) woolen fabric
((9)) pillowcase, bed sheet, bedspread, quilt cover
((10)) towel
((11)) gloves
((12)) handkerchief
((13)) socks and stockings
((14)) woolen sweater
((15)) woolen blanket
((16)) table cloth
((17)) garments
((18)) carpet
((19)) medical gauze
(2) Non-textile Commodities under Passive Quotas (5)
((1)) canned mushroom (EEC)
((2)) porcelain for daily use (U.K.)
((3)) screw for wood (Germany)
((4)) dried cassava, dried sweet potato (EEC)
((5)) black and white TV set, color TV set (U. K.)
Notes:
(1) Tobacco shall still be monopolized according to relevant
regulations of the St ate.
(2) The 10 chemicals which can be used for both civil and military
purposes and controlled by the international conventions: phosgene,
cyanogen chloride, chloropicrin, hydrogen cyanide, phosphchloride,
phosphoric chloride, sulphurous acyle, phosphite, sulphur monochloride,
phosphorus pentachloride.
(3) The 22 chemicals which are easy to make poisons and controlled by
the international conventions: ephedrine, new ergot alkali, ergotamine,
ergot acid, 1-benzene-2-acetone, acetyl ortho amino benzene acid,
3.4-methyl benzene dioxide- 2-acetone, piperine, sassafras, acetic oxide,
acetone, ortho amino benzene formic acid, ether, benzene ether acid,
piperidine, methyl ether ketone, toluene, polsassium permanganate,
sulphuric acid, hydrochloric acid.
(4) The computers are referred to as: CPU adopted 80486 personal
computer, and personal computers at or above this level; all kinds of
computer working station; small-sized computer, other kinds of computers
above the level of the computer, all kinds of foreign computers.
Computer related equipment is referred to as: monitors whose screens
are above 19 inches (including 19 inches), monitors whose revolving power
is 1024 x 1024 or other kinds of monitors whose revolving power exceeds
this level; magnatic disc saving devices whose capacities exceed 165 MB;
all kinds of foreign computers related equipment.
(5) The commodities under the textile passive quota, according to
statistics of the MOFERT are 19 categories, 238 commodities.
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