Order of the Ministry of Commerce and the State Development and Reform Commission Concerning the Issuance of the Tentative Measures for the Administration of Import Tariff Quotas of Agricultural Products

Order of the Ministry of Commerce and the State Development and Reform Commission Concerning the Issuance of the Tentative Measures for the Administration of Import Tariff Quotas of Agricultural Products

Order of the Ministry of Commerce and the State Development and Reform Commission [2003] No. 4

September 27, 2003

The Tentative Measures for the Administration of Import Tariff Quotas of Agricultural Products, which have been formulated in accordance with the Foreign Trade Law of the People's Republic of China, the Customs Law of the People's Republic of China, the Administrative Regulations of the People's Republic of China on the Import and Export of Goods and the Regulations of the People's Republic of China on Import and Export Duties and in consultation with the General Administration of Customs, are hereby promulgated.

The list of agencies authorized by the Ministry of Commerce and the State Development and Reform Commission for the administration of import tariff quotas of agricultural products will be promulgated separately.

Minister of the Ministry of Commerce: Lv Fuyuan
Chairman of the State Development and Reform Commission: Ma Kai

Attached: Tentative Measures for the Administration of Import Tariff Quotas of Agricultural Products

Chapter I General Provisions
　
Article 1 With a view to effectively implementing the administration of import tariff quotas of agricultural products and to establishing the system for administering the import tariff quotas of agricultural products that is uniform, fair, just, transparent, predicable and nondiscriminatory, the present Measures are formulated in accordance with the Foreign Trade Law of the People's Republic of China, the Customs Law of the People's Republic of China, the Administrative Regulations of the People's Republic of China on the Import and Export of Goods and the Regulations of the People's Republic of China on Import and Export Duties.
　
Article 2 Within an year of the Gregorian calendar, the State will, pursuant to the quota quantities as promised in China's schedule of concession and commitments for the trade of goods after entry into the WTO, determine the annual quantities of the agricultural products subject to the administration of import tariff quotas permitted to enter the market.
The import of agricultural products within the quota quantities will apply the in-quota tax rate, and the import of agricultural products beyond the quota quantities will be handled under the relevant provisions of the Regulations of the People's Republic of China on Import and Export Duties.
The excess part of bulk cargos shall be handled pursuant to Paragraph 2 of Article 19 in the present Measures.
　
Article 3 The agricultural goods subject to the administration of import tariff quotas are: wheat (including powder and grains thereof; hereinafter referred to as wheat), corn (including powder and grains thereof; hereinafter referred to as corn), rice (including powder and grains thereof; hereinafter referred to as rice), bean oil, colza oil, palm oil, sugar, cotton, wool and wool tops.
The corresponding import tax items, tariff serial numbers and applicable tax rates for agricultural goods subject to the administration of import tariff quotas shall be promulgated separately.
　
Article 4 Wheat, corn, rice, bean oil, colza oil, palm oil, sugar and cotton shall be subject to state-run trade quotas or non-state-run trade quotas. Those subject to state-run trade quotas shall be imported by state-run trade enterprises; those subject to non-state-run trade quotas may be imported by enterprises with the right of trade, and may also be imported directly by the final users with the right of trade.
Wool and wool tops shall be subject to the management of designated import enterprises, which shall be carried out in accordance with the Measures for the Administration of Designated Management of Import Goods (Order No. 21[2001] of the Ministry of Foreign Trade and Economic Cooperation) promulgated by the former Ministry of Foreign Trade and Economic Cooperation.
　
Article 5 Import tariff quotas of agricultural products shall be global quotas.
　
Article 6 Import of agricultural goods in all trade forms that conform to Article 3 shall be included in the range of tariff quota administration.
　
Article 7 The import tariff quotas of bean oil, colza oil, palm oil, sugar, wool and wool tops shall be subject to the distribution of the Ministry of Commerce.
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