Administration of Import
The import right of foreign-funded enterprises is only confined
to the import within their legal business scope, they have
no right to import on behalf of other enterprises and units.
Imports of foreign-funded enterprises are detailed as below:
- Import by foreign enterprises for their investment, i.e.,
investment in kind like machinery, equipment and materials
etc.
- Import by foreign enterprises attributed to production
and business operations, i.e., materials, fuel, parts and
components etc. needed in production and business operations
of the enterprise.
- Import by foreign enterprises of articles not for production,
i.e., article in reasonable quantities for their own use
like article for office use, construction of enterprise,
maintenance of equipment and increase of fixed asset of
the enterprises.
Regulations concerning administration
of import:
1. Equipment and materials imported as investment by foreign
investors of foreign-funded enterprises do not fall within
the category of commodities under the administration by import
license and therefore will be examined and released by the
customs according to the original approval list of importation
of equipment and materials to be imported by the enterprises.
In case the imported goods fall within the category of commodities
under administration by import license, they will be examined
and released by the customs according to the approved import
list of equipment and materials after obtaining the import
license by the foreign enterprise.
2.Imports(including those under administration of import
license system) of machinery and equipment, vehicles for use
in production(including trucks, special cars and wagon for
passenger and freight transport), raw materials, fuel, spare
parts in bulk, components, parts to complete the set etc.
by foreign-funded enterprises for their need in production
of products for export and business operation may be exempted
from import licensing but should be under supervision of the
customs and examined and released against documents of approval
for the establishment of the enterprises and the approved
contact and the import contract. As for imports for use in
manufacture of products for domestic sales and for use in
business operation in China, Approval from the Tianjin Municipal
Commission of Foreign Economic Relations and Trade on the
plan approved by the Ministry of Foreign Trade and Economic
Cooperation shall be obtained before an license for those
items under administration of import license system is issued
by the authorities in charge of the issuance of import license.
The import license shall be obtained every six months. Commodities
that do not fall under the administration of import license
may be imported against the documents of approval for the
establishment of the enterprise and the approval contract
and released after examination by the customs.
3.Imports of nonproductive articles by foreign-funded enterprises
in reasonable quantities and for their own use that fall under
the administration of import license shall be approved by
the Tianjin Municipal Commission of Foreign Economic Relations
and Trade for the issuance of import license by the relative
authorities in charge of issuance of licence. Article not
falling under the administration of import licence imported
may be examined and released by the customs against documents
of approval for the establishment of the enterprise and the
approval for the establishment of the enterprise and the approved
contract(article of association). However, the nonproductive
articles not covered by the original contract(articles of
association) and the list for import of equipment can only
be imported after approval by the Tianjin Municipal Commission
of Foreign Economic Relations and Trade.
Administration of Export
Export by foreign-funded enterprises may be carried out in
the following ways:
- Direct conclusion of business with foreign buyers and
export by the enterprises.
- Sales and distribution by marketing organizations of
their foreign partners on their behalf.
- Sales and distribution by various foreign trade corporations
in China on their behalf.
Regulations concerning export of commodities under administration
of export licence:
1.Export licence is to be issued for the export of commodities
under administration of export license system by the quota
affairs bureau of the Ministry of Foreign Trade and Economic
Cooperation, various local special commissioner's offices
of the Ministry of Foreign Trade and Economic relations and
various commissions and departments of foreign economic relations
and trade of provincial level respectively in line with relative
regulations concerning release of license for export commodities
under administration at different levels.
However, for foreign funded enterprises, export license can
only be obtained after approval of the relative plan by the
Ministry of Foreign Trade and Economic Cooperation no matter
the commodities for export fall under administration of which
level.
2.For commodities exported by foreign funded enterprises
or under the name of compensation trade, maximum validity
of the export license is 6 months, allowing repeated use up
to 12 times, with the export quantity of each time to be written
down by the customs.
Administration Export for Re-export of Products Processed
with Imported Materials:
1.Except products forbidden to be exported without permission
whose processing business still need to be reported to the
Ministry of Foreign Trade and Economic Cooperation for examination
and approval, processing business concerning other commodities
may be conducted in accordance with the stipulations of "Administrative
Measures of the General Administration of Customs of the People's
Republic of China Pertaining to Export of Products Processed
with Imported Materials", without any need to report
the matter to the Ministry of Foreign Trade and Economic Cooperation
for examination and approval.
2.With reference to export of products processed with imported
materials, export license must be applied for and obtained
for all commodities the export of which is under state administration
with quota system in line with the export plan and allocation
of quota of the state except steel, pig iron and zinc. As
for processing with imported materials concerning steel, pig
iron and zinc, the administrative unit should obtain export
license on the strength of "Handbook for Processing with
Imported Materials" and the sales contract for the export
of processed products if the main material used in the processing
are imported. The export quantities will not be counted under
the annual plan and quota.
3.For export of other products processed with imported material
under administration of quota system, the business unit shall
obtain export license with the "Handbook for Procession
with Imported Materials" and the export contract from
the licensing authorities. Export of such products will not
be counted under the annual plan and quota.
4.Relative provisions promulgated by The Ministry of Foreign
Trade and Economic Cooperation will apply to the administration
of export by foreign funded enterprises, processing with imported
material, labor contracting, export of small complete plants,
export of supplies by the International Economic and Technological
Cooperative Corporation, export of exhibits, retail items
in trade fairs and samples, and export under the name of economic
aid and in connection with the "more or less" clause
of shipment and in connection with matters relative to penalties
for violations of the provisions.
Stipulations regarding the Inspection
of Import and Export Goods
Mandatory Inspection:
The scope of mandatory inspection: inspection of all the
goods for import and export enlisted for inspection by the
commodity inspection organization; export food subject to
quarantine tests; animal products subjects to quarantine tests
for export; appraisal of the function and usage of packages
and containers for export of hazardous goods; certification
of transportation conditions of cargo holds and containers
for export of decompose-prone food and frozen food; other
imports and exports subject to commodity inspection as regulated
by laws and stipulations and relevant international treaties.
Inspection Exemption:
Goods meeting the requirements for exemption stipulated by
State Commodity Inspection Bureau are exempt: from, inspection
upon approval. Inspection exemption can also be granted to
samples, gifts, exhibits not for sale and other goods of a
non-trade on the strength of evidence from relevant departments.
Quality Licensing:
For major import and export goods involving safety and sanitation,
import licensing for safety and export licensing for quality
are applied. No import or export of such goods is permitted
without the license of the commodity inspection organizations.
At present, export license for quality are issued for nine
categories of goods and import licenses for safety are issued
for 47 categories of goods.
Hygiene Registration System:
All plants and storehouses that produce, process and store
export-oriented food in China must pass the verification test
of the commodity inspection organs and obtain the hygiene
registration or a certificate there of before they are allowed
to produce, process, and store food for export.
Import Inspection for Import by Foreign
funded Enterprises:
Goods imported for use by foreign funded enterprises are
to be inspected by these enterprises themselves. Except for
imports subject to mandatory in inspection and imports involving
hygienic and safety issues, goods imported by Sino-foreign
Equity or Contractual enterprises are to be inspected by these
enterprises themselves. The equipment and objects imported
at a prices as investments by foreign funded enterprises should
be reported to and inspected by the commodity inspection organizations.
Verification Certificates of Value serve as valid documents
in formalities of capital verifications.
Priority Policy:
Imports and exports by foreign-funded enterprises enjoy priority
when applying for inspection, appraisal, quality license,
hygiene registration and GSP certificates of origin.