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

tal textile export.

　　（（2）） Contribution to total textile export refers to the ratio， to the nation's gross textile export value， of the total textile export value of a province， autonomous region， municipality directly under the Central Government， municipality with separate plannings and departments under other Ministries and Commissions.

　　（（3）） The annual growth allocation formula：

　　a.

　　The nation's gross textile export value

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　　annual growth quantities in terms of standardized quota

　　= average value per standardized unit

　　b.

　　Total textile export value of province x x

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　　quantity of annual growth

　　= average value per standardized unit allocation to province x x

　　（3） Allocation of quota under other flexibilities clauses

　　This quota refers to the quantities available from the flexibilities clauses stipulated in the bilateral agreements （carry-over and category transfer）， the deducted quantities as applying penalties and the submitted quantities from localities.

　　（（1）） Allocation of carry-over and category transfer quantities：

　　a. Part of them will be distributed by MOFERT in the final allocation to enterprises of outstanding performance according to the provisions in Article 11， Chapter 3 of the Provisions.

　　b. The rests will be allocated according to Article 14， Chapter 4 of the Provisions.

　　（（2）） Penalized quota shall be first used to compensate the enterprises which have been affected from fully utilizing their quotas. The surplus， if there be any， will be allocated according to Article 17， Chapter 6 of the Provisions.

　　（（3）） Submitted quota shall be handled in accordance with Article 14， Chapter 4 of the Provisions.

　　（4） Quota Tendering

　　（（1）） For the purpose of encouraging the export of higher quality garments， increasing economic benefit and offering more opportunities of fair competition to qualified enterprises， certain amount of quota

s shall be arranged by MOFERT every year for open tender.

　　（（2）） A Working Committee on Tenders （comprised by representatives from Foreign Trade Administration， MOFERT and China Chamber of Commerce for Import and Export of Textiles） takes charge of bidding processes.

　　（（3）） Quota tendering shall follow the regulations formulated by MOFERT.

　　Chapter 4 Quota Transfer and Adjustment

　　Article 13 Quota Transfer

　　（1） Export enterprises in same area may consult with each other to transfer their basic quotas. This transfer will become valid only after it has been approved by the local authorities and filed with MOFERT and confirmed with a Notice of Transfer.

　　（2） Export enterprises in different areas may also consult with each other to transfer their basic quotas. This transfer will become valid only after it has been approved by the local authorities of the transferor and filed with MOFERT and confirmed with a Notice of Transfer.

　　（3） Quotas transferred out must be the basic portion of export enterprises and shall not exceed 20% of the relevant categories. Otherwise the over-exceeded quantities will be deducted in the next year. If a category were involved to be transferred out for two consecutive years， quantities will be deducted accordingly in the third year.

　　（4） Quota transfer can be validated only among the enterprises that have the basic quotas. If quotas are to be transferred to export enterprise of no basic quota but approved by the State to handle textile export business and committed to hand over foreign exchange earnings， this transfer shall be approved by the local authorities of the transferor and filed with MOFERT and confirmed with a Notice of Transfer.

　　（5） Transferees shall not re-transfer out the quotas that are transferred in.

　　Article 14 Quota Adjustment

　　（1） Quota adjustments among the export enterprises of same area can be made possible by the local authorities depending on the quota utilizations of each enterprise. This adjustment will become valid only after it has been approved by the local authorities of the transferor and filed with MOFERT and confirmed with a Notice of Adjustment.

　　Adjustments， to the enterprise which are approved by the State to handle textile export business and committed to hand over foreign exchange earnings but have no quotas shall be filed with and approved by MOFERT.

　　（2） MOFERT will organize nationwide quota adjustments in the second half of the year depending on the utilizations.

　　（（1）） Source of quotas for adjustments are mainly from the unused quotas returned from local authorities， and some of the quantities from the flexibilities clauses （i. e. carryover and category-transfer）。

　　（（2）） Quota adjustment shall be conducted according to the provisions of Article 17， Chapter 6 of the Provisions.

　　（（3）） Quota adjustment shall be made relatively concentrated and openly.

　　（（4）） Applications for adjustment shall be presented through local authorities. MOFERT will not， in normal cases， accept applications from export enterprise.

　　Chapter 5 Quota Calculation and Statistics

　　Article 15 Quotas are calculated in terms of calendar year.

　　Article 16 Statistics of Export Licenses for Textile Products shall be implemented in accordance with the Rules on Statistics and Monitoring of Export Licenses for Textile Products to Restricted Countries promulgated by MOFERT.

　　Chapter 6 Rewards and Penalties

　　Article 17 The export enterprises that strictly follow the Provisions and effectively use the quota up to 95% or more， will get certain rewards for one of the following qualifications.

　　（1） Making a remarkable progress to export high-grade products.

　　（2） Promoting the export of non-quota products.

　　（3） Using more domestic-made fabrics than other enterprises.

　　Article 18

Penalty will be applied to the following cases：

　　（1） Wastage： The enterprises that do not return back the unused quota in accordance with the provisions of the Provisions will be penalized as stipulated by Article 12， Chapter 3.

　　（2） Over-using： If an enterprise overuses quota， the overused quantities will be deducted as much or in multiplicity； and if issuing authorities over-issue export license， a notice of reprimand will be circulated nationwide and in serious cases， their issuing authorizations will be suspended.

　　（3） Low Prices： If an enterprise exports its products at over low prices， certain amount of its next year's quotas for relevant category will be deducted.

　　（4） Fraudulent Practices： If an enterprise applies for export licenses but does not actually export the goods， double quantities of the next year's quotas will be deducted.

　　（5） Illegal Transshipment： If an enterprise violates the rules of origin made by importing countries by using the certificates of origin or labels of the third country （region） to transship Chinese textile products illegally to the countries which have restrictions on the products under bilateral textile agreements with China either the quantities involved or in multiplicity will be deducted from the quotas of the enterprises or the quotas of the regions where the enterprises are located， or the goods be confiscated and a fine be imposed or legal penalty be imposed， all depending on the seriousness of the cases.

　　（6） Misses of Licences： If blank export licences are last due to administration and therefore cause the unauthorized occupation of quota， the quantities involved will be double deducted from quota of the parties concerned

　　（7） Falsifications： Anybody who alters the content of Export License without official permission or forges Export License， severer penalties shall be applied， including submission to judicial authorities for investigating the legal responsibilities.

　　（8） The Chinese Customs can impose a fine on or confiscate the goods for export if they are handled in violation of the Provisions depending on the seriousness of the case.

　　Article 19 The sources of the rewarding quota are the quantities from penalties and the quota offered by the Flexihilities Clauses. But the quantities from penalties shall be used as priority to compensate the enterprises who have been affected from fully utilizing their quota.

　　Article 20 The rewarded quota to the enterprises is not accounted as their additional basic level for the following years

　　Chapter 7 Supplementary Rules

　　Article 21 All the works on quota administration shall strictly follow the provisions of the Provisions to avoid any irregularities. Administrative officials in both MOFERT and local authorities shall accept supervisions. After investigation and verification， those who abuse their privileges to seek personal gains and violate the Provisions， disciplinary punishment and even criminal penalty shall be imposed according to the nature of the case.

　　Article 22 Enough specialized personnel shall be deployed and kept stable in all local authorities and enterprises.

　　Article 23 Within the framework of the Provisions and taking into account the practical situation in the areas， all the local authorities shall set up and file with MOFERT the detailed rules for implementing the Provisions.

　　Article 24 The Provisions shall enter into force on January 1， 1993， and replace the previous Provisions published on January 1， 1985.

　　Note： In order to let the

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