Chapter I General Provisions Article 1 In order to promote fair trade, the import of fertilizers shall be managed in accordance with the principles of openness, justice, fairness and non-discrimination. These Measures shall be formulated in accordance with the relevant provisions of the "Regulations of the People's Republic of China for the Import and Export of Goods".
Article 2 The tariff quotas for import of fertilizers referred to in these Measures refer to the amount of fertilizers that the State determines to implement tariff quota management and the amount of annual market access within the Gregorian calendar year. The in-quota tariff rate for import within the specified amount shall exceed the amount of imports. Applicable tariffs and additional tax rates.
Article 3 The import tariff quotas for fertilizers are global quotas.
Chapter II Agency for Tariff Quota Administration of Chemical Fertilizers Article 4 The State Economic and Trade Commission (hereinafter referred to as the State Economic and Trade Commission) shall be responsible for the administration of tariff quotas for fertilizers throughout the country.
Article 5 The varieties of fertilizers and the total amount of annual quotas that are subject to tariff quota management shall be announced by the State Economic and Trade Commission. At the same time, the tariff quota commodity tax items and quotas inside and outside the tax rate determined by the Customs Tariff Commission of the State Council shall be announced at the same time. See Table 1 for the list of tariff quotas for fertilizers.
Article 6 The State Economic and Trade Commission is responsible for the total management, distribution, distribution, organization, and implementation of tariff quotas for fertilizer imports.
(1) The State Economic and Trade Commission is responsible for allocating import tariff quotas for chemical fertilizers within the total amount of import tariff quotas for chemical fertilizers based on the overall balance of national economy and the rational allocation of resources.
(2) The State Economic and Trade Commission shall timely adjust the distribution of import tariff quotas for fertilizers based on the implementation of annual import of fertilizer tariff quotas.
(3) The State Economic and Trade Commission is responsible for setting up consultation points for tariff quotas on fertilizer import and providing consultation.
The agency for the administration of tariff quotas for fertilizers authorized by the State Economic and Trade Commission (hereinafter referred to as the “authorized agencyâ€) is responsible for the issuance of certification, statistics, consultation, and other authorizations for the importation of tariff quotas for fertilizers under its jurisdiction. The authorized agencies of the State Economic and Trade Commission are at Annex 2.
Article 7 The customs shall supervise, taxate, inspect and count the commodities subject to import tariff quotas for chemical fertilizers in accordance with the law, and shall be responsible for regularly publishing the import conditions of the import tariff quotas for chemical fertilizers.
Chapter III Intra-tariff Imports Article 8 Any enterprise registered with the administrative department for industry and commerce of the People's Republic of China (hereinafter referred to as "the applicant") may, within its scope of business, apply to the authorized organization in the region for the import tariff of chemical fertilizers. quota.
Article 9 The State Economic and Trade Commission will announce the number of tariff quotas for the next year from September 15 to October 14.
The application unit shall submit an application for fertilizer tariff quotas to the State Economic and Trade Commission from October 15 to October 30 each year.
The application unit's consultation on tariff quotas can be submitted to the State Economic and Trade Commission and its authorized agencies, and it should reply within 10 working days.
Article 10 The import of urea, diammonium phosphate, and compound fertilizer shall be distributed according to the principles stipulated in Article 11 of these Measures.
Article 11 When assigning tariff quotas, the State Economic and Trade Commission shall consider the following factors:
(1) Past import performance of the applicant's application unit;
(2) The production capacity, business scale, and sales status of the application unit;
(iii) whether the previously allocated quotas have been fully utilized;
(D) the application of new importers;
(5) The number of applications for quotas;
(6) Other factors that need to be considered.
Article 12 The State Economic and Trade Commission shall allocate the tariff quotas for fertilizers to import users before December 31 each year according to the needs of production and markets in each region.
The State Economic and Trade Commission shall promptly copy the actual distribution of the annual tariff quota allocation plan and the verification of the tariff quota to the MOFTEC.
The State Economic and Trade Commission or its authorized agency shall issue the corresponding Proof of the Import Tariff Quota for Chemical Fertilizers according to the present Measures (for the format of the model, see Annex 3), and affix the “Special Stamp for the Import Tariff Quota of Chemical Fertilizers†(For the format, see Appendix 4). If it is necessary to postpone or change the "Provisions on the Import of Tariff Quota for Chemical Fertilizers", the new ones will be re-applied and the old ones will be withdrawn.
Article 13 When an import tariff tariff quota product is imported, the importer provides the Customs with a “certificate of import tariff quotas for chemical fertilizers,†and the customs shall levy taxes at the in-quota rate. For fertilizers within the import tariff quota, the customs shall check and release the “certificate of import tariff quotas for chemical fertilizers†and import them according to the mode of trade.
Article 14 The "Proof of the Import Tariff Quota for Chemical Fertilizers" and the "Special Seal of the Import Tariff Quota for Chemical Fertilizers" shall be uniformly supervised by the State Economic and Trade Commission.
Chapter IV Valid Period and Adjustment of Tariff Quotas Article 15 The tariff quotas for import of fertilizers shall be valid within the calendar year of the Gregorian calendar, and the period of validity of the "Provisions of the Import Tariff Quota for Chemical Fertilizers" shall not exceed 180 days in the calendar year.
Holders of fertilizer tariff quotas, who have not completed import within the validity period of the quota, may go to the original issuing authority to handle the extension procedures. The maximum period does not exceed the provisions of the preceding paragraph.
Article 16 Holders of tariff quotas for fertilizers, if they cannot complete the import in the current year, shall return the quotas to the reimbursement agencies before September 15.
Article 17 The State Economic and Trade Commission accepts applications for reallocation of tariff quotas from September 15 to September 30 each year, and redistributes the returned tariff quotas before October 15 of that year.
Chapter V State Trade and Non-state Trade Article 18 The state implements state-owned trade management on fertilizer imports.
The list of state trading enterprises is determined by the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation and published by the Ministry of Foreign Trade and Economic Cooperation.
Article 19 State-owned trading enterprises shall engage in import operations in accordance with the principles of openness, fairness, and impartiality and in accordance with normal commercial conditions. They may not use non-commercial factors to select suppliers, may not refuse the entrustment of other enterprises or organizations, or may discriminate against non-state-owned trading enterprises. .
Article 20 According to the prescribed qualifications and conditions, relevant enterprises may apply to the State Economic and Trade Commission for becoming non-state trading enterprises. It is determined by the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation and announced by the Ministry of Foreign Trade and Economic Cooperation.
Article 21 The State may arrange a certain number of tariff quotas to be imported and operated by non-state trading companies. among them:
(1) Tariff quotas of not less than 10% per year shall be arranged for the import of non-state trading enterprises;
(2) The tariff quotas of not less than 10% of the first year of diammonium phosphate shall be arranged for non-state trading enterprises to import and operate, and will be increased by 5 percentage points each year thereafter. The final non-state trade import ratio will reach 49%;
(3) The tariff rate quota of not less than 10% of the first year of compound fertilizer shall be arranged for non-state trading enterprises to import and operate, and will increase by 5 percentage points each year thereafter. The final non-state trade import ratio will reach 49%.
Chapter VI Penalties Article 22 The import tariff quotas shall be limited to the applicant’s own use, and the “Provisions on the Import Tariff Quota for Chemical Fertilizers†shall not be transferred or resold. In case of violation of the regulations, the State Economic and Trade Commission shall be responsible for resuming its "Provision on the Tariff Quota for Imports of Chemical Fertilizers". If the circumstances are serious, the applicant shall be disqualified from applying for import tariff quotas; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 23 If the quota-certificate holder fails to complete the import within the validity period of the quota certificate, and has not returned the quota-issuing agency within the prescribed time limit, the State Economic and Trade Commission will deduct its tariff quota for the next year accordingly.
Chapter VII Supplementary Provisions Article 24 All enterprises that have the right to import fertilizers may import fertilizers at the additional tax rate according to the tariffs. There are no quantitative restrictions, and no licenses are required. Customs use the import contracts at the additional tax rate for inspection and release.
Article 25 The import tariff quota fertilizers originating in countries or regions that have reciprocity agreements with the People's Republic of China shall be taxed according to the in-quota rate or the additional preferential tax rate stipulated in the Customs Import and Export Tariff of the People's Republic of China. .
The import tariff quota fertilizers originating in countries or regions that have not established related reciprocity agreements with the People’s Republic of China are taxed at an additional ordinary rate; special approval by the Customs Tariff Commission of the State Council may also be based on in-quota rates or additional preferential tax rates. tax.
Article 26 The import operations, purchase of foreign exchange, etc. of tariff quotas for fertilizers shall be implemented in accordance with the relevant regulations of the State.
Article 27 The Measures shall be interpreted by the State Economic and Trade Commission and the General Administration of Customs.
Article 28 These Measures shall come into effect on February 1, 2002.
Article 2 The tariff quotas for import of fertilizers referred to in these Measures refer to the amount of fertilizers that the State determines to implement tariff quota management and the amount of annual market access within the Gregorian calendar year. The in-quota tariff rate for import within the specified amount shall exceed the amount of imports. Applicable tariffs and additional tax rates.
Article 3 The import tariff quotas for fertilizers are global quotas.
Chapter II Agency for Tariff Quota Administration of Chemical Fertilizers Article 4 The State Economic and Trade Commission (hereinafter referred to as the State Economic and Trade Commission) shall be responsible for the administration of tariff quotas for fertilizers throughout the country.
Article 5 The varieties of fertilizers and the total amount of annual quotas that are subject to tariff quota management shall be announced by the State Economic and Trade Commission. At the same time, the tariff quota commodity tax items and quotas inside and outside the tax rate determined by the Customs Tariff Commission of the State Council shall be announced at the same time. See Table 1 for the list of tariff quotas for fertilizers.
Article 6 The State Economic and Trade Commission is responsible for the total management, distribution, distribution, organization, and implementation of tariff quotas for fertilizer imports.
(1) The State Economic and Trade Commission is responsible for allocating import tariff quotas for chemical fertilizers within the total amount of import tariff quotas for chemical fertilizers based on the overall balance of national economy and the rational allocation of resources.
(2) The State Economic and Trade Commission shall timely adjust the distribution of import tariff quotas for fertilizers based on the implementation of annual import of fertilizer tariff quotas.
(3) The State Economic and Trade Commission is responsible for setting up consultation points for tariff quotas on fertilizer import and providing consultation.
The agency for the administration of tariff quotas for fertilizers authorized by the State Economic and Trade Commission (hereinafter referred to as the “authorized agencyâ€) is responsible for the issuance of certification, statistics, consultation, and other authorizations for the importation of tariff quotas for fertilizers under its jurisdiction. The authorized agencies of the State Economic and Trade Commission are at Annex 2.
Article 7 The customs shall supervise, taxate, inspect and count the commodities subject to import tariff quotas for chemical fertilizers in accordance with the law, and shall be responsible for regularly publishing the import conditions of the import tariff quotas for chemical fertilizers.
Chapter III Intra-tariff Imports Article 8 Any enterprise registered with the administrative department for industry and commerce of the People's Republic of China (hereinafter referred to as "the applicant") may, within its scope of business, apply to the authorized organization in the region for the import tariff of chemical fertilizers. quota.
Article 9 The State Economic and Trade Commission will announce the number of tariff quotas for the next year from September 15 to October 14.
The application unit shall submit an application for fertilizer tariff quotas to the State Economic and Trade Commission from October 15 to October 30 each year.
The application unit's consultation on tariff quotas can be submitted to the State Economic and Trade Commission and its authorized agencies, and it should reply within 10 working days.
Article 10 The import of urea, diammonium phosphate, and compound fertilizer shall be distributed according to the principles stipulated in Article 11 of these Measures.
Article 11 When assigning tariff quotas, the State Economic and Trade Commission shall consider the following factors:
(1) Past import performance of the applicant's application unit;
(2) The production capacity, business scale, and sales status of the application unit;
(iii) whether the previously allocated quotas have been fully utilized;
(D) the application of new importers;
(5) The number of applications for quotas;
(6) Other factors that need to be considered.
Article 12 The State Economic and Trade Commission shall allocate the tariff quotas for fertilizers to import users before December 31 each year according to the needs of production and markets in each region.
The State Economic and Trade Commission shall promptly copy the actual distribution of the annual tariff quota allocation plan and the verification of the tariff quota to the MOFTEC.
The State Economic and Trade Commission or its authorized agency shall issue the corresponding Proof of the Import Tariff Quota for Chemical Fertilizers according to the present Measures (for the format of the model, see Annex 3), and affix the “Special Stamp for the Import Tariff Quota of Chemical Fertilizers†(For the format, see Appendix 4). If it is necessary to postpone or change the "Provisions on the Import of Tariff Quota for Chemical Fertilizers", the new ones will be re-applied and the old ones will be withdrawn.
Article 13 When an import tariff tariff quota product is imported, the importer provides the Customs with a “certificate of import tariff quotas for chemical fertilizers,†and the customs shall levy taxes at the in-quota rate. For fertilizers within the import tariff quota, the customs shall check and release the “certificate of import tariff quotas for chemical fertilizers†and import them according to the mode of trade.
Article 14 The "Proof of the Import Tariff Quota for Chemical Fertilizers" and the "Special Seal of the Import Tariff Quota for Chemical Fertilizers" shall be uniformly supervised by the State Economic and Trade Commission.
Chapter IV Valid Period and Adjustment of Tariff Quotas Article 15 The tariff quotas for import of fertilizers shall be valid within the calendar year of the Gregorian calendar, and the period of validity of the "Provisions of the Import Tariff Quota for Chemical Fertilizers" shall not exceed 180 days in the calendar year.
Holders of fertilizer tariff quotas, who have not completed import within the validity period of the quota, may go to the original issuing authority to handle the extension procedures. The maximum period does not exceed the provisions of the preceding paragraph.
Article 16 Holders of tariff quotas for fertilizers, if they cannot complete the import in the current year, shall return the quotas to the reimbursement agencies before September 15.
Article 17 The State Economic and Trade Commission accepts applications for reallocation of tariff quotas from September 15 to September 30 each year, and redistributes the returned tariff quotas before October 15 of that year.
Chapter V State Trade and Non-state Trade Article 18 The state implements state-owned trade management on fertilizer imports.
The list of state trading enterprises is determined by the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation and published by the Ministry of Foreign Trade and Economic Cooperation.
Article 19 State-owned trading enterprises shall engage in import operations in accordance with the principles of openness, fairness, and impartiality and in accordance with normal commercial conditions. They may not use non-commercial factors to select suppliers, may not refuse the entrustment of other enterprises or organizations, or may discriminate against non-state-owned trading enterprises. .
Article 20 According to the prescribed qualifications and conditions, relevant enterprises may apply to the State Economic and Trade Commission for becoming non-state trading enterprises. It is determined by the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation and announced by the Ministry of Foreign Trade and Economic Cooperation.
Article 21 The State may arrange a certain number of tariff quotas to be imported and operated by non-state trading companies. among them:
(1) Tariff quotas of not less than 10% per year shall be arranged for the import of non-state trading enterprises;
(2) The tariff quotas of not less than 10% of the first year of diammonium phosphate shall be arranged for non-state trading enterprises to import and operate, and will be increased by 5 percentage points each year thereafter. The final non-state trade import ratio will reach 49%;
(3) The tariff rate quota of not less than 10% of the first year of compound fertilizer shall be arranged for non-state trading enterprises to import and operate, and will increase by 5 percentage points each year thereafter. The final non-state trade import ratio will reach 49%.
Chapter VI Penalties Article 22 The import tariff quotas shall be limited to the applicant’s own use, and the “Provisions on the Import Tariff Quota for Chemical Fertilizers†shall not be transferred or resold. In case of violation of the regulations, the State Economic and Trade Commission shall be responsible for resuming its "Provision on the Tariff Quota for Imports of Chemical Fertilizers". If the circumstances are serious, the applicant shall be disqualified from applying for import tariff quotas; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 23 If the quota-certificate holder fails to complete the import within the validity period of the quota certificate, and has not returned the quota-issuing agency within the prescribed time limit, the State Economic and Trade Commission will deduct its tariff quota for the next year accordingly.
Chapter VII Supplementary Provisions Article 24 All enterprises that have the right to import fertilizers may import fertilizers at the additional tax rate according to the tariffs. There are no quantitative restrictions, and no licenses are required. Customs use the import contracts at the additional tax rate for inspection and release.
Article 25 The import tariff quota fertilizers originating in countries or regions that have reciprocity agreements with the People's Republic of China shall be taxed according to the in-quota rate or the additional preferential tax rate stipulated in the Customs Import and Export Tariff of the People's Republic of China. .
The import tariff quota fertilizers originating in countries or regions that have not established related reciprocity agreements with the People’s Republic of China are taxed at an additional ordinary rate; special approval by the Customs Tariff Commission of the State Council may also be based on in-quota rates or additional preferential tax rates. tax.
Article 26 The import operations, purchase of foreign exchange, etc. of tariff quotas for fertilizers shall be implemented in accordance with the relevant regulations of the State.
Article 27 The Measures shall be interpreted by the State Economic and Trade Commission and the General Administration of Customs.
Article 28 These Measures shall come into effect on February 1, 2002.
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