Ozone depleting substances and used mechanical electronic products

Member: 

Basic information

1

Outline of the system

China’s import licensing system mainly includes import license and automatic import licensing.

2

Product coverage

Import licenses apply to all commodities in 2019 specified in the Catalogue for Commodities Subject to Import Licenses in 2019 (Announcement of the Ministry of Commerce, the State Administration of Customs [2018] No. 107), including ozone depleting substances and key used mechanical and electronic products.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

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

For the purposes of serving social interests, protecting the environment and consumer health and security.

5

Products under restriction as to the quantity or value of imports

China has not maintained any restrictions on quantity that do not comply with WTO rules and China’s commitments upon its accession into WTO.

Ozone depleting substances are subject to restriction based on China’s obligation under the Montreal Protocol on Substances that Deplete the Ozone Layer, and certain used machinery is subject to import licenses for the purposes of serving social interests, protecting the environment and consumer health and security.

6

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

China has not maintained any restrictions on quantity that do not comply with WTO rules

7

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.

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?

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

13

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.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

There is a published list of state-trading enterprises.

Contact point for information on eligibility

16

Ministry/Authority

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?

Information and materials required to be provided to apply for import licenses are detailed in Chapter II and Chapter III of the Measures for the Administration of Commodity Import Licenses (Decree of the Ministry of Commerce [2004] No. 27) .

25

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

Information and materials required to be provided to apply for import licenses are detailed in Chapter II and Chapter III of the Measures for the Administration of Commodity Import Licenses (Decree of the Ministry of Commerce [2004] No. 27) .

Window of submission of an application

26

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

27

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

28

Can a licence be granted immediately on request?

29

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

In the case of an eligible application, the issuing authority shall grant the import license within three business days upon receipt of the application and shall not exceed 10 business days at the most under special circumstances (exclusive of the time for prior document of approval required for importing ozone depleting substances and certain used mechanical and electronic products) .

30

Which administrative body is responsible for approving application of licences?

With respect to commodities subject to import licensing, applicants shall first file applications with the competent authorities depending on the different types of commodities and collect import licenses from the Ministry of Commerce or its entrusted institutions upon approval.

31

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

With respect to commodities subject to import licensing, applicants shall first file applications with the competent authorities depending on the different types of commodities and collect import licenses from the Ministry of Commerce or its entrusted institutions upon approval.

32

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

There is no other condition.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

No.

34

What is the amount of the fee or charge?

35

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

No.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

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

In the event an applicant of commodity import licenses does not conform to the provisions of Chapter II or Chapter III of the Measures for the Administration of Commodity Import Licenses (Decree of the Ministry of Commerce [2004] No. 27), its application for licenses may be refused.

41

Are the reasons for any refusal given to applicants?

The reasons for the refusal will be given to the applicant

42

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.

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?

There is not any limitation

45

What documents are required upon actual importation?

Documents required to be provided for actual import of commodities subject to import licensing are detailed in the Measures for the Administration of Commodity Import Licenses (Decree of the Ministry of Commerce [2004] No. 27) and the Working Rules on Issuance of Import Licences (Shang Pei Fa [2007] No.360.

46

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

47

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

The validity of an import license is one year, effective in the year, which can be extended for once for no more than three months.

48

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.

49

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

Import licenses are non-transferable.

Foreign Exchange

50

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.

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?