中华人民共和国对外经济贸易部关于纺织品出口配额的管理办法 Provisions of the Ministry of Foreign Economic Relations and Trade of t

1992年对外经贸部第5号令
（Promulgated by the Ministry of Foreign Economic Relations and Trade of the People's Republic of China on December 31， 1992）
颁布日期：19921231 　实施日期：19930101 　颁布单位：对外经贸部

　　Chapter 1 General Rules

　　Article 1 The present Provisions are formulated for the purpose of implementing the bilateral agreements on trade in textile products concluded between the Government of the People's Republic of China and the governments of textile importing countries applying quantitative restrictions， and keeping effective administration on textile quotas to develop the exports of textile products to these countries in an orderly way.

　　Article 2 （1） The Ministry of Foreign Economic Relations and Trade of the People's Republic of China （hereinafter referred to as MOFERT） has the centralized authority of the overall administrations of exports of textile products to the restricting countries. MOFERT is responsible， externally， for negotiations of the bilateral agreements and consultations with importing countries to settle the problem in the course of implementing the agreements， and internally responsible for the administration， allocation， adjustment and supervision of the utilization of the textile export quotas. It also confers the issuing authorizations to the localities and departments concerned for issuing the export certificates of textile products， and supervises a unified controlling on the certificates and their statistics.

　　（2） The Commissions （Departments） of Foreign Economic Relations and Trade， or the Foreign Trade Bureaus in all the provinces， autonomous regions， municipalities directly under the Central Government and the cities with separate plannings （hereinafter referred to as the local authorities） are the administrative organizations which supervise the exports in their own areas of textile products to the restricting countries. As authorised by MOFERT. their responsibilities include：

　　issuing the export certificates， coordinating the transfer of the textile quotas between enterprises of the same area， administering and supervising the quota utilization of their enterprises， and reporting to MOFERT the statistical information of their textile exports to the restricting countries.

　　（3） The General Administration of Chinese Customs and its subordinate Offices throughout the country shall supervise and control all the exports of textile products destined to the restricting countries. Every shipment shall be verified and released upon the presentation of valid export certificates.

　　Categories of textile products （both for quotas and non- quota items） classified by restricting countries are listed in Annex I to the Provisions.

　　Article 3 The restricting countries referred in the Provisions are the countries that have concluded with China the bilateral agreements on trade in textile products. They are the United States of America， the European Economic Community， Canada， Finland， Norway and Austria.

　　Article 4 The textile quota refereed in the Provisions means are the quantitative limits for export of textile and finished products made of cotton， wool， man-made fibers， vegetable fibers other than cotton and silk blends under the bilateral agreements， classifications and units of quota are specified by the agreements.

　　Chapter 2 Export License System

　　Article 5 Exports of textile products to the restricting countries are subject to controlling systems of textile quotas and export license. Textile quotas are allocated by MOFERT in compliance with the relevant provisions of the Provisions； Export Licenses are issued by the Quota and License Issuing Department under MOFERT and local issuing authorities delegated by MOFERT according to the quantities of MOFERT allocation.

　　Article 6 Only the enterprises， which are entitled by the State to handle the textile export businesses and committed to ha

nd over foreign exchange earnings to the government， can apply for the quotas that cover the products falling into the scope of their businesses.

　　Article 7 Before actual shipment， enterprises which have been allocated with quotas shall apply to their local issuing authorities for Export License and other certificates， by presenting the original or copy of sales contract， commercial invoice， certificates of domestic production or processing， Letter of Credit or cashier's cheque. The original of the Export License is delivered to the importer， who shall， by presenting the original， apply for the Customs clearance of the goods or for import permissions with their authorities. Two copies （Customs supervision） are submitted to Chinese Customs， one is for Customs file and the other shall be returned to the issuing authorities after it is checked and sealed by the Customs.

　　Article 8 All the export certificates shall be filled up with typewriter or computer in strict accordance with “The Explanatory Notes On Certificate Declaration” compiled by MOFERT. Once they are issued， the certificates can not be amended by the holder. The types of the certificates are listed in the Annex II.

　　Article 9 The issuing date in the certificates shall be as close to the actual date of shipment as possible， and the quota year shown in the certificates shall be the calendar year in which the goods are shipped. All the certificates are valid for 3 months after the day of issuing. In normal case， it takes no more than 3 working days to get a certificate issued.

　　Article 10 Certificates are issued with cost charges according to the relevant regulations of the State. All the incomes shall be spent on the related fields of textile quota administration.

　　Chapter 3 Quota Allocation

　　Article 11 Principles of Allocation

　　In order to stabilize the market and increase foreign exchange earnings， and for the purpose of more effective controlling， the allocation of quota shall be relatively concentrated rather than widely dispersed. Quota should mainly be allocated to the enterprises which have the government permission to handle textile export business， undertake to submit foreign exchange earnings to the State， and meanwhile have had past performance of exporting the products prior to restriction. The quantities of quota allocated to an enterprise are decided by its export performances of the proceeding year， the export prices， its contributions to China's total exports of textile products and its qualification measured by the provisions of rewards and penalties of the Provisions.

　　Article 12 Allocation Approaches

　　（1） Allocation of Basic Quota Allocation of basic quota is conducted every yea r in two steps， the preliminary allocation in September of the proceeding year and the final allocation in March of the current year.

　　（（1）） The preliminary allocation of basic quota

　　a. Every year in September， quota is distributed preliminarily for the following year. Enterprises that have basic quotas and utilized up to 60% during January to August will be allocated 80% of its basic quota. The formula is：

　　basic quantity x 80% = quantity of preliminary allocation for the following year

　　b. Enterprises that actually used less than 60% of their basic quota will get the preliminary quantity pro rata. The formula is：

　　basic quantity x actual utilized percentage = quantity of preliminary allocation for the following year

　　（（2）） The final allocation of basic quota

　　Under normal trade conditions， enterprises that utilized in the proceeding yea r 90% of their basic quota can obtain 100% of their share for the current year； If the utilization was less than 90% but the unused quantity had been submitted before July 15 of the same year， they would obtain 100% of their basic quota as well. The formula is：

　　basic quota of the proceedin

g year x 100% = basic quota of the current year

　　If the basic quota has not been used up in two consecutive years， the unused quantities would be deducted for the third year even it was submitted in time.

　　If the submission was conducted in August and September， 25% of the submitted quantities would be deducted for the following year. The formula is：

　　basic quota of the proceeding year-balance submitted x 25% = basic quota of the current year

　　If submitted in October and November， 50% would be deducted and the formula is：

　　basic quota of the proceeding year-balance submitted x 50% = basic quota of the current year

　　If submitted after 1st of December， whether submitted or not， 100% would be deducted. The formula is：

　　basic quota of the proceeding year-balance submitted or not = basic quota of the current year

　　In case the balance is not submitted in two consecutive years or the quota is wasted considerably， the enterprise will be punished to have its quantities double deducted.

　　（2） Allocation of the annual growth quota

　　（（1）） The annual-growth quota quantities are allocated by MOFERT， in aggregate amounts to each local authorities and the departments under other Ministries and Commissions， in accordance with the contributions of their enterprises to China's total export of textile products. The Foreign Trade Commissions of the local governments recommend to MOFERT the allocation of this aggregate quantities. Upon MOFERT's approval， the allocated aggregate quantities shall be designated， together with the final allocation of basic quota， to the enterprise. Quota for the departments of other Ministries and Commissions are allocated directly to them， together with the final allocation， according to their contributions to to

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