Agricultural products subject to TRQs

Basic information

1

Outline of the system

"Tariff Quota" are regulated by the "The Regulations of Tariff Quota. "Tariff Quota" referred to in the said Regulations means to assess a certain quantity for specified imported goods. The lower tariff rate applies on imported goods within the quota, and the normal tariff rate applies on imported goods in excess of the quota volume. The tariff quota is allocated by the Ministry of Finance or the delegated organizations or other entrusted authorities. Moreover, the Ministry of Finance delegates the Bank of Taiwan (BOT) to allocate the Tariff Quota of the agricultural products.

2

Product coverage

Agricultural Products Subject to a Tariff Rate Quota Regime: Deer velvet, liquid milk, peanuts, red beans, garlic bulbs, dried shiitake, dried day lily, young coconut, betel nuts, bananas, pineapples, mangoes, shaddocks, fresh pears (excluding European pears), dried longans and longan pulp and rice. See Products

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

Certificates of tariff quota are issued to control the quantities of importation of the products listed in 2 above within the quota.

6

Questions for products under restriction as to the quantity or value of imports

The products subject to restrictions on quantity or value: The decision of allocations is on a yearly basis in principle. The quota volume is decided in accordance with the concessions made under the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu’s accession to the WTO.
See Answers 6.1-6.11.

7

The system applies to products originating from which country?

The tariff quota regime only applies to goods originating in WTO members.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

The qualification of applicants is as follows:
Agricultural products: Rice, companies engaging in import and export business that have completed registration at the Bureau of Foreign Trade (under the Ministry of Economic Affairs), and also have registered as a food dealer at the Council of Agricultural.
Other agricultural products: companies engaging in import and export business that have completed registration at the Bureau of Foreign Trade (under Ministry of Economic Affairs).

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

Customs Administration, Ministry of Finance

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

25

What documents is the importer required to supply with the application?

A sample application form is attached (See Annex II-(1)(2).

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Not applicable.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Not applicable.

Issuing the license

28

Can a licence be granted immediately on request?

Not applicable.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Not applicable.

30

Which administrative body is responsible for approving application of licences?

Not applicable.

31

Must the applications be passed on to other organs for visa, note or approval?

Not applicable.

32

Are there any other conditions attached to the issue of a licence?

There are no other conditions attached to the issuance of an approval.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

For the agricultural products under the method of Tariff Quota allocation conducted in the order applications are received.

34

What is the amount of the fee or charge?

The applicants are required to pay NT$1,000 when they apply for quota allocation or in case of transference of quota.

35

Is there any deposit or advance payment required associated with the issue of licences?

For the agricultural products under the method of distribution in advance, the authorities will collect a performance bond or premium whilst issuing the certification of tariff quota.

36

Amount or rate?

37

Is it refundable?

The premium was the amount that a bidder was willing to pay for obtaining the right to import goods and is non-refundable.

38

What is the period of retention?

39

What is the purpose of this requirement?

The performance bond would be required to ensure complete utilisation of the allocations and would be returned to the holder after the holder imports its total allocation before its certificates expire. The performance bond would not be set at a level which would deter full utilisation of the quota or otherwise restrict trade.

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

41

Are the reasons for any refusal given to applicants?

Any reason of objection will be specified on the announced notices.The process of applying for allocation is transparent and open.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

43

If so, to what bodies and under what procedures?

Importation

44

Are there any limitations as to the period of year during which importation may be made?

Not applicable.

45

What documents are required upon actual importation?

Upon actual importation, an Importer is required to submit certificates of tariff quota.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures, apart from obtaining an approval document prior to importation.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

The valid period of certificate of tariff quota:
Agriculture products under the method of distribution in advance, provided that the quota is allocated once a year, the certificate of tariff quota is valid for products arriving on or before 1 September of that year, and can be extended to cover products arriving on or before 31 December, if necessary.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for the non-utilization of an approval or a portion of it.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

For agricultural products under the method of distribution in advance, the quota distributed can be transferred partial or wholly within the valid period of the certificates. To transfer quota, both obligee and transferee shall fill the application form of tariff quota and apply to the original authority which allocated the quota for transference of quota and the performance bond accompanied by the following documents:
(a) The original certificates of tariff quota.
(b) The agreement of transference of tariff quota with mutual subscription.
(c) The agreement of transference of the performance bond with mutual subscription.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Foreign exchange is automatically provided by the banking authorities for goods to be imported.

51

Is a licence required as a condition to obtaining foreign exchange?

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?

The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)

6.1

Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

Specific conditions for applying for a TRQ allocation would be published in the official journal 60 days in advance of the start of the application period.

6.2

Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?

The decision of allocations is on a yearly basis in principle. The quota volume is decided in accordance with the concessions made under the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu’s accession to the WTO.

6.3

Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)

Companies registered at the Bureau of Foreign Trade (under Ministry of Economic Affairs) as an import/ export business (rice importers also have registered at the Council of Agricultural as a food dealer) would be eligible to submit to the BOT to apply for certificates under the quota allocation rules. The importers are requested to submit declarations and tariff quota certificates to the customs. In principle, the decision of allocations is on a yearly basis and unused quota is not added to the quota in the following year. The names of importers are posted on the bulletin board of BOT after allocated.

6.4

From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

The announcement of the allocation procedures would be made at least 21 days prior to the first day of accepting applications.

6.5

What are the minimum and maximum lengths of time for processing applications?

The period for submission of application for tariff quota certificates is 14 days.

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Certificates of tariff quota can be issued within a shorter period of time within one day. According to Article 16 of the Regulations of Tariff Quota, under the situation that imported goods are applying the in-quota tariff rate of the method of distribution in advance, whilst the importers cannot submit certificates on time but can rectify the procedure, the importers can apply for goods examined and released accompanied with the payment of guaranty deposit equivalent to the amount of customs calculated by the out-quota rate and rectify the procedure within the valid period of the certificates.

6.7

Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

Has to approach only one administrative body.

6.8

If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

Under the method of distribution in advance, the quantities of quota application shall not exceed 20% of the total quota and less than the quantities of the commercially viable shipments.

6.9

In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

Not applicable.

6.10

In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

Not applicable.

6.11

Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

Not applicable.