农产品进口关税配额管理暂行办法 Order of the Ministry of Commerce and the State Development and Reform Commission

商务部、国家发展和改革委员会[2003]年第4号令

颁布日期：20030927 　实施日期：20030927 　颁布单位：商务部、 国家发展和改革委员会

　　[2003] No. 4

　　The Interim Measures for the Administration of Import Tariff Quotas of Agricultural Products， which have been formulated in accordance with the Foreign Trade Law of the People's Republic of China， the Customs Law of the People's Republic of China， the Regulations of the People's Republic of China on the Administration of Import and Export of Goods and the Regulations of the People's Republic of China on Import and Export Duties and in consultation with the Customs General Administration， are hereby promulgated.

　　The list of agencies authorized by the Ministry of Commerce and the State Development and Reform Commission for the administration of import tariff quotas of agricultural products will be promulgated separately.

　　Lv Fuyuan， Minister of the Ministry of Commerce

　　Ma Kai， Chairman of the State Development and Reform Commission

　　September 27th， 2003

　　Interim Measures for the Administration of Import Tariff Quotas of Agricultural Products

　　Chapter I General Provisions

　　Article 1 With a view to effectively implementing the administration of import tariff quotas of agricultural products and to establishing the system for administering the import tariff quotas of agricultural products that is uniform， fair， just， transparent， predicable and nondiscriminatory， the present Measures have been formulated in accordance with the Foreign Trade Law of the People's Republic of China， the Customs Law of the People's Republic of China， the Regulations of the People's Republic of China on the Administration of Import and Export of Goods and the Regulations of the People's Republic of China on Import and Export Duties.

　　Article 2 Within the year of the Gregorian calendar， the State will， pursuant to the quota quantities as promised in China's schedule of concession and commitments for the trade of goods after entry into the WTO， determine the annual quantities of the agricultural products subject to the administration of import tariff quotas permitted to enter the market.

　　The import of agricultural products within the quota quantities will apply the in-quota tax rate， and the import of agricultural products outside the quota quantities will be implemented under the relevant provisions of the Regulations of the People's Republic of China on Import and Export Duties.

　　The excess part of bulk cargos shall be implemented pursuant to Paragraph 2 of Article 19 in the present Measures.

　　Article 3 The categories of agricultural goods subject to the administration of import tariff quotas are： wheat （including powder and grains thereof； hereinafter referred to as wheat）， corn （including powder and grains thereof； hereinafter referred to as corn）， rice （including powder and grains thereof； hereinafter referred to as rice）， bean oil， colza oil， palm oil， sugar， cotton， wool and wool tops.

　　The corresponding import tax items， tariff serial numbers and applicable tax rates for agricultural goods subject to the administration of import tariff quotas shall be promulgated separately.

　　Article 4 Wheat， corn， rice， bean oil， colza oil， palm oil， sugar and cotton shall be subject to state-run trade quotas or non-state-run trade quotas. Those subject to state-run trade quotas shall be imported by state-run trade enterprises； those subject to non-state-run trade quotas may be imported by enterprises with the right of trade， and may also be imported directly by the final users with the right of trade.

　　Wool and wool tops shall be subject to the management of designated import enterprises， which shall be carried out in accordance with the Measures for the Administration of Designated Management of Goods Import （No. 21 of the Ministry of Foreign Trade and Economic Cooperation） promulgat

ed by the former Ministry of Foreign Trade and Economic Cooperation.

　　Article 5 Import tariff quotas of agricultural products shall be global quotas.

　　Article 6 Import of agricultural goods in all trade forms that conform to Article 3 shall be included in the range of tariff quota administration.

　　Article 7 The import tariff quotas of bean oil， colza oil， palm oil， sugar， wool and wool tops shall be subject to the distribution of the Ministry of Commerce.

　　The import tariff quotas of wheat， corn， rice and cotton shall be subject to the distribution of the State Development and Reform Commission （SDRC） in conjunction with the Ministry of Commerce （MOFCOM）。

　　Article 8 The MOFCOM and the SDRC will entrust their respectively authorized agencies to handle the following matters：

　　1） Accepting the applications and transferring them to the MOFCOM and the SDRC；

　　2） Accepting the consultations and transferring them to the MOFCOM and the SDRC；

　　3） Notifying the applicants of any insufficiency in their applications， and offering chances for the applicants to eliminate such insufficiency；

　　4） Issuing the Certificates of Import Tariff Quotas of Agricultural Products to the applicants approved.

　　Article 9 The Certificates of Import Tariff Quotas of Agricultural Products are applicable to the imports in the trade forms of general trade， processing trade， barter trade， small-scale border trade， assistance， donation and other forms.

　　The products entering the bonded warehouses， bonded zones and export processing zones are exempted for the Certificates of Import Tariff Quotas of Agricultural Products.

　　Chapter II Application

　　Article 10 The period for applying for the import tariff quotas of agricultural goods shall be between Oct. 15th and Oct. 30th of each year （with the exception of the distribution form of drawing the quotas by coming order on the basis of contract）。 The MOFCOM and the SDRC will promulgate the next year's total quantity of import tariff quotas of each agricultural goods and the specific conditions for the application therefore as well as the tariff serial numbers and applicable tax rates determined by the Customs Tariff Committee of the State Council on the International Business Daily， the China Economic Herald， the MOFCOM website （http://www.mofcom.gov.cn） and the SDRC website （http://www.sdpc.gov.cn） one month before the application period.

　　Bean oil， colza oil， palm oil， sugar， wool and wool tops shall be subject to the promulgation of MOFCOM； and wheat， corn， rice and cotton shall be subject to the promulgation of SDRC.

　　Article 11 The agencies authorized by MOFCOM are in charge of the applications for the import tariff quotas of bean oil， colza oil， palm oil， sugar， wool and wool tops within their respective areas.

　　The agencies authorized by SDRC are in charge of the applications for the import tariff quotas of wheat， corn， rice and cotton within their respective areas.

　　Article 12 The agencies authorized by MOFCOM shall， in light of the specific conditions promulgated， accept the applications on bean oil， colza oil， palm oil， sugar， wool， wool tops and the relevant documents submitted， and transfer the qualified applications to the MOFCOM before Nov.30th （with the exception of the distribution form of drawing the quotas by coming order on the basis of contract）， with the copies thereof sent simultaneously to the SDRC.

　　The agencies authorized by SDRC shall， in light of the specific conditions promulgated， accept the applications on wheat， corn， rice， cotton and the relevant documents submitted， and transfer the qualified applications to the SDRC before Nov.30th， with the copies thereof sent simultaneously to the MOFCOM.

　　Chapter III Distribution

　　Article 13 Import tariff quotas shall be distributed on the basis of the quantity applied for b

y the applicants， their previous import performance， production capacity and other relevant commercial standards or on the basis of the form of drawing by coming order. The minimum quantity of distribution shall be determined on the basis of the commercially feasible shipping quantity of each category of agricultural products.

　　Article 14 The MOFCOM and the SDRC will， before Jan. 1st of each year， issue to the final users the Certificates of Import Tariff Quotas of Agricultural Products via their respectively authorized agencies， to which the “Special Seal of the MOFCOM for Certificate of Import Tariff Quotas of Agricultural Products” and the “Special Seal of the SDRC for Certificate of Import Tariff Quotas of Agricultural Products” shall be affixed.

　　The quotas for state-run trade shall be indicated on the Certificate of Import Tariff Quotas of Agricultural Products.

　　Chapter IV Valid Term

　　Article 15 The annual import tariff quotas of agricultural goods shall be implemented from Jan. 1st of each year， and shall be valid within the year of the Gregorian calendar. The Certificates of Import Tariff Quotas for Agricultural Products shall be valid from Jan. 1st to Dec. 31st of its current year.

　　The valid term of the Certificates of Import Tariff Quotas for Agricultural Products subject to the distribution form of drawing by coming order on the basis of contract shall be carried out in accordance with the detailed implementation rules promulgated.

　　Article 16 For the agricultural products subject to import tariff quotas that are shipped out from the departing port before Dec. 31st of the year and shall arrive at the destination in the next year， the final user shall， by presenting the Certificate of Import Tariff Quotas of Agricultural Products and th

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/