Basic information
Outline of the system
China’s import licensing system mainly includes import license and automatic import licensing.
Product coverage
Automatic import licenses apply to commodities in 2019 specified in the Catalogue for Commodities Subject to Automatic Import Licenses in 2019 (Announcement of the Ministry of Commerce and the State Administration of Customs [2018] No. 101).
Nature of licensing
Automatic
If Automatic, administrative purpose
Automatic import licenses apply to some freely-imported commodities, for the purpose of monitoring the import and doing trade statistics. The content and implementing methods thereof comply with the Agreement on Import Licensing Procedures.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
No restriction is imposed on the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
There is no quantitative limit on importation of commodities subject to automatic import licensing and import licences.
The system applies to products originating from which country?
The import licensing system in China does not differentiate the places of origin of products unless otherwise provided for in the free trade Agreements entered into by China and relevant countries and regions.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Foreign Trade Law (promulgated by Decree of the President [1994] No. 22 and amended by Decree of the President [2004] No. 15), the Administrative Licensing Law (Decree of the President [2003] No. 7) and the Regulations on Administration of Import and Export of Commodities (Decree of the State Council [2001] No. 332) prescribe the basic system and legal principles applicable to import licensing. Pursuant to the above-mentioned laws and regulation, with respect to commodities subject to import license and automatic import licensing, the currently effective rules promulgated by the Ministry of Commerce (the former Ministry of Foreign Trade and Economic Cooperation) and related authorities are the Measures for the Administration of Commodity Import Licenses (Decree of the Ministry of Commerce [2004] No. 27), the Measures for the Administration of Commodity Automatic Import Licenses (Decree of the Ministry of Commerce and the General Administration of Customs [2004] No. 26,amended by Decree of the Ministry of Commerce [2018] No.7), Measures for the Administration of the Import of Electromechanical Products (Decree of Ministry of Commerce, General Administration of Customs and General Administration of Quality Supervision, Inspection and Quarantine [2008] No.7, amended by Decree of the Ministry of Commerce [2018] No.7), Measures for the Administration of Import of Certain Used Electromechanical Products (Decree of Ministry of Commerce, General Administration of Customs and General Administration of Quality Supervision, Inspection and Quarantine [2008] No.5, amended by Decree of the Ministry of Commerce [2018] No.7), Implementation Measures for the Automatic Import Licensing of Electromechanical Products (Decree of Ministry of Commerce and General Administration of Customs [2008] No.6, amended by Decree of the Ministry of Commerce [2018] No.7). In conformity with said rules, the Ministry of Commerce promulgates every year, in the form of announcements, the Catalogue for Commodities Subject to Import Licensing and the Catalogue for Commodities Subject to Automatic Import Licensing and the adjustments thereto. In addition, other currently effective rules and administrative measures in relation to import licensing are the Measures for the Administration of Issuing Authorities of Import and Export Commodity Licenses (Decree of the Ministry of Commerce [2010] No. 3), the Regulations on Administration of Import and Export Licenses (Decree of the Ministry of Commerce [2012] No. 1) and the Working Rules on Issuance of Import Licenses (Shang Pei Fa [2007] No. 360).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
On commodities subject to import licenses, automatic import licensing and import tariff-rate quotas, save for that commodities under state-trading administration need to be imported by agents of state-trading enterprises, any person or firm who satisfies the legal business qualifications and requirements may apply for a license for the importation of such commodities.
What persons or firms are eligible to apply for a licence?
Any person or firm who satisfies the legal business qualifications and requirements may apply for a license for the importation of such commodities.
Is there a registration fee?
Is there a published list of authorized importers?
There is a published list of state-trading enterprises.
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Information and materials required to be provided to apply for automatic import licenses are detailed in Article 8 of the Measures for the Administration of Commodity Automatic Import Licenses (Decree of the Ministry of Commerce and the General Administration of Customs [2004] No. 26) .
What documents is the importer required to supply with the application?
Information and materials required to be provided to apply for automatic import licenses are detailed in Article 8 of the Measures for the Administration of Commodity Automatic Import Licenses (Decree of the Ministry of Commerce and the General Administration of Customs [2004] No. 26) .
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There is not any limitation.
Issuing the license
Can a licence be granted immediately on request?
With respect to commodities subject to automatic import licensing, the issuing authority shall, to the extent of feasibility, immediately approve license applications with accurate content and in complete form upon receipt and shall not exceed 10 working days in maximum under special circumstances.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
With respect to commodities subject to automatic import licensing, the issuing authority shall, to the extent of feasibility, immediately approve license applications with accurate content and in complete forms upon receipt and shall not exceed 10 working days in maximum under special circumstances.
Which administrative body is responsible for approving application of licences?
With respect to commodities subject to automatic import licensing, applicants can just file applications with the Ministry of Commerce or its entrusted institutions.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There is no other condition.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
No.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
In the event the State decides to take interim prohibitive measures against or impose interim import quantity restrictions on commodities subject to automatic import licensing, issuance of automatic import licenses will be ceased from the effective date of interim measures.
Are the reasons for any refusal given to applicants?
The reasons for the refusal will be given to the applicant
Have applicants a right of appeal in the event of refusal to issue a licence?
The reasons for the refusal will be given to the applicant, whom will be informed of its legal rights to resort to an administrative reconsideration or administrative suit.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There is not any limitation.
What documents are required upon actual importation?
Documents required to be provided for actual import of commodities subject to automatic import licensing are detailed the Measures for the Administration of Commodity Automatic Import Licenses (Decree of the Ministry of Commerce and the General Administration of Customs [2004] No. 26) .
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Inspection and quarantine certifications issued by the quality inspection authority shall be provided for commodities listed in the statutory inspection catalogue before import.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity of an automatic import license is six months, effective in the calendar year. The license holder needs to go through formalities with the original issuing authority if the validity needs to be extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
The non-utilization of an import license or an automatic import license or of a portion thereof will not be subject to penalty.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Automatic import licenses are non-transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
China does not maintain limitation on international payment under commodity trading.