加工贸易审批管理暂行办法 Administration of the Examination and Approval of Processing Trade Tentative Procedures

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　　Article 14　" The "Processing Trade Business Approval Certificate " (see Appendix Two for the format) is a valid supporting document on whose basis Customs and other such authorities carry out the procedures related to the security bank deposit account system for processing trade. The Processing Trade Examination and Approval Authority shall carry out verification and issue the Processing Trade Business Approval Certificate with the special examination and approval seal for processing trade business affixed thereto to those operating enterprises which are able to submit all supporting documents and materials in accordance with regulations and which truly possess processing and re-export capabilities.

　　Article 15　The "Processing Trade Examination and Approval Authority" shall conscientiously fill in a "List of Imported Materials and Parts for Which a Recordal Application Is Made and a Recordal List of Finished Products Exported and the Corresponding Imported Materials and Parts Consumed" (see Appendix Two for the format), and affix the special examination and approval seal for processing trade business thereto.

　　Article 16　In examining and approving processing trade arrangements, the Processing Trade Examination and Approval Authority shall strictly enforce the national uniform unit consumption standard formulated and published in batches by the General Administration of Customs and the State Economic and Trade Commission in concert with the relevant State industrial bureaus. For those which do not yet have a national uniform unit consumption standard, the Processing Trade Examination and Approval Authority shall strictly examine and verify the unit consumption reported by the enterprise and seek the opinion of the authority in charge of the relevant production industry and the competent Customs before conducting its examination and granting its approval. Customs shall file the unit consumption for the record on the basis of the Processing Trade Business Approval Certificate issued by the Processing Trade Examination and Approval Authority. If Customs discovers non-complyin

g unit consumption during its oversight, it shall convey its opinion to the original examination and approval authority by letter, whereupon the said authority shall effect adjustments and Customs shall carry out the procedures for corresponding amendment of the relevant particulars.

　　Article 17　When carrying out examination and approval, the Processing Trade Examination and Approval Authority must conscientiously verify the Proof of the Production Capability of a Processing Trade Processing Enterprise. A Proof of the Production Capability of a Processing Trade Processing Enterprise shall be valid for a period of one year.

　　The competent county and higher level authority for foreign economic relations and trade of the place where the processing enterprise is registered shall issue the Proof of the Production Capability of a Processing Trade Processing Enterprise on the basis of a strict examination of the processing enterprise's production capabilities and operational status and, when necessary, may seek the opinion of the authority in charge of the relevant production industry.

　　Article 18　The State classifies processing trade import merchandise into a prohibited category, a restricted category and a permitted category and classify processing trade enterprises into A, B, C and D types (the specific classification principles and the classification list shall be separately published and adjusted as necessary in accordance with the provisions of document Guo Ban Fa [1999] No. 35). The State implements the "actual deposit" system for security bank deposits placed in connection with processing trade arrangements involving restricted category merchandise and processing trade arrangements engaged in by C-type enterprises.

　　When carrying out examination and approval, the Processing Trade Examination and Approval Authority shall conscientiously verify the classification of the processing trade import merchandise and the enterprise. If the imported merchandise is in the restricted category or if the enterprise is a C-type enterprise, the Processing Trade Examination and Approval Authority shall add the words "actual deposit" in the remarks column of the Processing Trade Business Approval Certificate.

　　Article 19　No Processing Trade Examination and Approval Authorities at any level may approve any D-type processing trade enterprise (including operating enterprises and processing enterprises) engaging in processing trade business and may not approve any operating enterprise engaging in processing trade business involving Imported Materials and Parts falling in the prohibited merchandise category.

　　Article 20　A-type enterprises engaging in processing trade shall not be subject to the security bank deposit account system. However, their processing trade contracts shall still first be submitted to the Processing Trade Examination and Approval Authorities for their examination and approval.

　　PART FIVE　AMENDMENT OF APPROVAL CERTIFICATES AND EXAMINATION AND APPROVAL of EXTENSIONS

　　Article 21　The sell-back period for the exported finished products specified on the Processing Trade Business Approval Certificate shall in principle conform with the term of the enterprise's export contract, and generally may not exceed one year. The specified sell-back period for finished products resulting from the processing of sugar, cotton, vegetable oil, wool and natural rubber shall in principle not exceed six months.

　　Article 22　The operating enterprise must process and sell back the finished products and carry out the verification procedures in accordance with the time limit specified in the Processing Trade Business Approval Certificate. If there is a need to extend the sell-back period for the finished products due to objective factors, the operating enterprise must report to the original examination and approval authority for its approval within the specified sell-back perio

d for the finished products, and Customs shall carry out extension procedures on the strength of the approval document.

　　Article 23　In general there may not be more than two extensions and in general each extension may not exceed six months.

　　Article 24　An operating enterprise must process and export in accordance with the particulars of its Processing Trade Business Approval Certificate. If there is a true need to amend some of the particulars of the project due to objective factors, the operating enterprise must report to the original examination and approval authority for its approval within the time limit specified on the Processing Trade Business Approval Certificate, and Customs shall carry out amendment procedures on the strength of the approval document.

　　PART SIX　CONTROL BY IMPOSITION OF QUOTAS AND LICENSING

　　Article 25　Unless otherwise specified, Imported Materials and Parts for processing trade shall in principle not be subject to quotas and licensing.

　　Article 26　The State controls such processing trade imports as sugar, cotton, vegetable oil, wool, natural rubber, crude oil, finished oil products, etc. by balancing the total volume imported and imposing quotas and licensing requirements. The total quota volume shall be determined by the State Council while the administration of specific allocation shall be carried out in accordance with the relevant regulations.

　　Article 27　The processing trade import quota shall be valid for the year in question and may not be carried over and used in the succeeding year. The MOFTEC special representative offices resident in each area and the quota and licensing bureau shall be responsible for issuing processing trade import licences in accordance with the processing trade import quotas and the Processing Trade Business Approval Certificates issued by the provincial level Processing Trade Examination and Approval Authorities.

　　The term of a processing trade import licence may not exceed the sell-back period for the finished products specified on the Processing Trade Business Approval Certificate. If the term needs to straddle years, it may not exceed the end of February of the succeeding year.

　　Article 28　The MOFTEC special representative offices in each region shall, by means of the China International Electronic Commerce Network, report the data on the issuance of licences for processing trade imports to the quota and licensing bureau on a daily basis while the quota and licensing bureau shall be responsible for providing data on the issuance of licences for processing trade imports throughout the country (including the data on certificates issued by itself) to MOFTEC. MOFTEC will carry out scheduled or unscheduled examinations of the licensing situation and strictly prohibit all manner of licensing acts in violation of regulations, including the ultra vires licensing, licensing without quotas or licensing in excess of quotas.

　　Article 29　If the finished product under a processing trade arrangement is subject to an export quota, the operating enterprise shall apply for and obtain an export licence on the strength of its export quota and its Processing Trade Business Approval Certificate. Customs shall examine and release the products on the strength of a valid export licence.

　　Article 30　Customs shall carry out recordal procedures for processing trade Imported Materials and Parts or exported finished products which fall under the category of chemical products which can easily be manufactured into poisons or civil-military dual-use chemicals on the strength of the Processing Trade Business Approval Certificate and the approval document for the import

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