Voluntary Report - public distribution

**Date:** 11/19/2004

**GAIN Report Number:** CH4060

CH4060

**China, Peoples Republic of**

**FAIRS Product Specific**

**MOA 1997 No. 14 Interim Measures for Seed Trade**

**2004**

**Approved by:**

![](media/image1.wmf)Maurice W. House

U.S. Embassy, Beijing

**Prepared by:**

Adam Branson and Casey E. Bean

**Report Highlights:**

On July 13, the semi-official seed industry website
(www.seedchina.com.cn) republished the Ministry of Agriculture (MOA)
1997 Decree No. 14 "Interim Measures for the Management of Agricultural
Crop Seeds (Seedlings) Import and Export." The re-release of this
information appears to be part of MOA's efforts to provide greater
transparency and order to the planting seed industry. The UNOFFICIAL
translation of the "Interim Measures" was not previously issued as a
GAIN report. The Measures clarify the onerous process for Chinese
importers and exporters wishing to trade seeds. As this is an old
Measure, it is not expected to cause any significantly new impact on
exports of US seeds and seedlings to China.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Beijing \[CH1\]

\[CH\]

Table of Contents

[**Disclaimer 3**](#disclaimer)

[Executive Summary 3](#executive-summary)

[BEGIN TRANSLATION 3](#begin-translation)

[Interim Measures for the Management of Agricultural Crops Seeds
(Seedlings) for Import and Export
3](#interim-measures-for-the-management-of-agricultural-crops-seeds-seedlings-for-import-and-export)

[Chapter I. General Provisions 3](#chapter-i.-general-provisions)

[Chapter II. Management of Seed Resources for Import and Export
4](#chapter-ii.-management-of-seed-resources-for-import-and-export)

[Chapter III. Administration of Import and Export of Seeds for
Production
4](#chapter-iii.-administration-of-import-and-export-of-seeds-for-production)

[Chapter IV. Supervision of Management of Import and Export of
Agricultural Crop Seeds
5](#chapter-iv.-supervision-of-management-of-import-and-export-of-agricultural-crop-seeds)

[Chapter V. Miscellaneous Provisions
6](#chapter-v.-miscellaneous-provisions)

[END TRANSLATION 6](#end-translation)

# Disclaimer

While every possible care was taken in the preparation of this report,
information provided may not be completely accurate either because
policies have changed since its preparation, or because clear and
consistent information about these policies was not available. It is
highly recommended that U.S. exporters verify the full set of import
requirements with their foreign customers, who are normally best
equipped to research such matters with local authorities, before any
goods are shipped. FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO
THE IMPORTING COUNTRY'S RULES AND REGULATIONS AS INTERPRETED BY BORDER
OFFICIALS AT THE TIME OF PRODUCT ENTRY.

# Executive Summary

On July 13, 2004 China's seed industry website
([www.seedchina.com.cn/pat/news/newsdetail.asp?ID=342](http://www.seedchina.com.cn/pat/news/newsdetail.asp?ID=342))
re-published the Ministry of Agriculture (MOA) March 28, 1997 Decree No.
14. The re-release of the information is likely linked to the
publication of MOA 2004 Circular No. 30 "Circular on Further
Strengthening and Standardizing Seed Management Work" (CH4061). The
Circular aims at bringing greater market order and transparency to
China's seed sector. The seed sector continues witnessing dynamic
changes stemming from adoption of the Seed Law (CH0031) and the Seed Law
Implementation Regulations (CH1052).

The UNOFFICIAL translation of Decree No. 14 from 1997 is below.
Information in this Decree pertaining to the bonded import of planting
seeds for processing and re-export no longer appears relevant as the
Ministry of Commerce and other government offices issued bulletins in
1999 and again in 2004 banning the practice of bonded seed trade for
processing and re-export in its "Catalogue of Banned Imports Under the
(scope of the) Processing Trade."

# BEGIN TRANSLATION

# Interim Measures for the Management of Agricultural Crops Seeds (Seedlings) for Import and Export

## Chapter I. General Provisions

Article 1. These measures are formulated to further implement seed
related administrative statutes, strengthen seed resource management and
promote agricultural crop seeds (seedlings) foreign trade and
cooperation.

Article 2. Agricultural crop seeds (seedlings) referred to in these
Measures (hereinafter referred to as agricultural crop seeds) include
seed resources imported from abroad (hereinafter referred to as import
and export seed resources) and used for foreign exchange and research
and seeds for import and export production. Seeds for import and export
production include seeds for testing, commercial seeds for farming, and
seed for export-oriented breeding.

Article 3. Any unit engaged in import and export of seeds for production
and providing seed resources to foreign clients shall hold
qualifications of a Chinese legal entity. Individuals are prohibited
from engaging in import and export of seeds for production and providing
seed resources to foreign clients. Any unit dealing in import and export
of commercial seeds for farming shall hold the production and marketing
rights for seeds corresponding to the category authorized for import and
export along with the right to import and export; those without any
right to import and export shall have an agent possessing the right to
import and export agricultural crop seeds as designated by the Ministry
of Agriculture.

## Chapter II. Management of Seed Resources for Import and Export

Article 4. Export of seed resources shall be managed according to crop
seed resource classification catalogue. Seed resources belonging to
"conditional export-oriented exchange" and "allowed for export-oriented
exchange" shall be examined and verified by the agriculture
administrative departments at the provincial level and then sent to a
variety resources research institute of the Chinese Academy of
Agricultural Science (hereinafter referred to as variety resources
institute) to receive consent from the Ministry of Agriculture for
approval; Seed resources belonging to the category "not allowed for
export-oriented exchange" and non catalogued seed resources shall not be
allowed for export-oriented exchange. In specials circumstances,
examination and verification shall be obtained from the variety
resources research institute, before approval by the Ministry of
Agriculture. Any unit or individual who introduces seed resources shall
register with the variety resources research institute and provide a
proper amount of seeds for keeping and utilization.

Article 5. Application, examination and approval of seed resources for
foreign exchange:

\(1\) The unit involving foreign exchange shall file an application to
the examination and verification unit and complete the "Application Form
of Agricultural Crop Seed Resources for Foreign Exchange" (see Appendix
1), and submit the explanation of seed resources for foreign exchange.
After being approved by the verification unit, the application shall be
transferred to the examination and approval department for examination
and approval.

\(2\) Upon approval, the variety resources research institute shall
issue "permit of agricultural crop seed resources export" (see Appendix
2), affixed with the special stamp of "Examination and Approval of
Agricultural Crop Seed Resources for Foreign Exchange by the Ministry of
Agriculture." The foreign exchange unit engaged in seed resources shall
go to the plant quarantine institutions for quarantine examination and
approval procedures, by presenting "Permit of Agricultural Crop Seed
Resources Export." The "Permit of Agricultural Crop Seed Resources
Export" shall serve as the basis for customs clearance.

## Chapter III. Administration of Import and Export of Seeds for Production

Article 6. Import and export of seeds for production shall be examined
and verified by the agriculture administrative departments at the
provincial level and examined and approved by the Ministry of
Agriculture.

Article 7. The principle of small in quantity but high in quality shall
be adhered to for seeds imported for testing. For each imported variety,
the quantity shall be limited to within the use of sowing 10 mu of
farmland for seeds and 100 stems for seedlings.

Article 8. The test of imported seeds shall be made under the
arrangement and guidance by the varieties verification committee at the
state or provincial level.

Article 9. Applications for importing commercial seeds for farming,
shall conform to the following conditions:

\(1\) The crop varieties verification committee at the state or
provincial level shall approve the variety. For varieties without
domestic verification, for the time being, but are urgently needed in
production, an introductory test report for at least 2 breeding cycles
shall be submitted.

\(2\) Seed quality shall meet national or industrial standards; for
seeds not covered by national or industrial standards, contract
provisions shall be specified or the related international standards
shall be referenced.

Article 10. Article 9 shall not restrict import of seeds for
export-oriented breeding, but the seeds bred shall not be sold in China.

Article 11. Units engaged in import of commercial seeds for farming
shall submit the seeds import plan for the next year to local
agriculture administrative departments at the provincial level before
the end of August each year, which shall be collected and submitted to
the Ministry of Agriculture by the agriculture administrative
departments at the provincial level before the end of October.

Article 12. The State encourages seeds export, but the varieties listed
as "not allowed for foreign exchange," those not catalogued, and parent
seeds of crossbred crops shall, in principle, not be exported. For
particular cases, approval shall be obtained from the Ministry of
Agriculture.

Article 13. Application and approval of import and export of seeds for
production:

\(1\) The importers (or exporters) shall file an application to the
verification institution and complete the "Examination and Approval Form
of Import (Export) of Agricultural Crop Seeds (Seedlings)" (see Appendix
3), and submit an explanation of the seed varieties to be imported or
exported; To handle the importation of seeds for export-oriented
breeding, the contract (or agreement) of export-oriented breeding shall
be submitted; To handle import and export of commercial seeds for
farming, the "seeds business license," the "business license" and the
supporting documents for the right of seeds import and export shall be
submitted.

With the consent of the examination and verification department, these
documents shall be submitted to the examination and approval department.

\(2\) Upon approval by the examination and approval department, the
special stamp of the "examination and approval of import and export of
agricultural crop seeds by the Ministry of Agriculture of the People\'s
Republic of China" shall be affixed. Seed importers and exporters shall
go to the plant quarantine authority for quarantine examination and
approval procedures, by presenting valid "Examination and Approval Form
of Import (Export) of Agricultural Crop Seeds (Seedlings)." To handle
agricultural crop seeds imports, the Ministry of Agriculture shall issue
an "examination and approval certification of free import of animals and
plants seedlings" (see Appendix 4) that serves as the basis for duty
free customs entry clearance.

## Chapter IV. Supervision of Management of Import and Export of Agricultural Crop Seeds

Article 14. Variety resources research institutes shall submit the
report on examination and approval of import and export of seed
resources for the preceding quarter to the Ministry of Agriculture
before the tenth day of the first month in each quarter; and submit the
work summary of the preceding year to the Ministry of Agriculture prior
to January 10 of the following year.

Article 15. Any staff member of the agriculture administrative
departments and the related departments who violate this Measure in
processing the import and export examination and approval or quarantine
examination and approval shall be punished with administrative penalties
by the concerned unit or the higher authorities; those who committed
crimes shall be prosecuted by judicial authorities for criminal
liability.

## Chapter V. Miscellaneous Provisions

Article 16. "Examination and Approval Form of Import (Export) of
Agricultural Crop Seeds (Seedlings)\" shall be printed by the Ministry
of Agriculture; "Application Form of Agricultural Crop Seed Resources
for Foreign Exchange" and the "Permit of Export of Agricultural Crop
Seed Resources" shall be printed by the Variety Resources Research
Institute entrusted by the Ministry of Agriculture.

Article 17. The "Examination and Approval Form of Import (Export) of
Agricultural Crop Seeds (Seedlings)," shall be valid for six months and
the "Examination and Approval Certification of Free Import of Animals
and Plants Offspring" and "Permit of Agricultural Crop Seed Resources
Export" shall be valid for three months. For any expiration or
modification on varieties, quantity, country or region of the import and
export of seeds, the examination and approval application shall be
processed again.

Article 18. For import and export of agricultural crop seeds, the plant
quarantine formalities shall be processed in accordance with the "Law of
the People\'s Republic of China on the Entry and Exit Animal and Plant
Quarantine" and the "Regulations of the People\'s Republic of China on
the Plant Quarantine."

Article 19. The Ministry of Agriculture shall interpret these Measures.

Article 20. These Measures shall enter into force on the issuing date.

# END TRANSLATION